From the day New York state Democrats passed the SAFE ACT — the law banning certain assault weapons and limiting magazine capacity — many Republicans have been vocal about their displeasure.

More than a decade later, it’s a battle that continues.

What You Need To Know

  • Republican Rep. Claudia Tenney has reintroduced a bill known as the Second Amendment Guarantee Act (SAGA)

  • The bill would give the federal goverment the right to override state bills that ban the manufacture, sale, importation or possession of a rifle or shutgun that is lawfully permitted under federal law

  • Some say the bill, while having its best chance to pass under GOP control, would still struggle at all levels to garner the support needed to pass

“It's called the Second Amendment Guarantee Act,” U.S. Rep. Claudia Tenney said about a bill she recently introduced.

Many state and federal Republicans, including Tenney, have worked to repeal the 2013 state law. They're hopeful they have now found a way.

“And what it does is preserve and protect our Second Amendment rights, and it prevents states from overstepping their boundaries, like the New York SAFE Act,” Tenney went on to say.

The SAFE Act was hailed for being a bipartisan compromise, a first-in-the nation law approved not by Congress in Washington, but by a statehouse in Albany. Former Gov. Andrew Cuomo signed the SAFE Act in the wake of the Sandy Hook Elementary School shooting in 2013 with Republican support, flanked by sheriffs and district attorneys.

At the time, former state Sen. Jeff Klein, who co-authored the SAFE Act, praised it as a balanced approach toward addressing gun violence, arguing it would close loopholes in gun sale laws and take guns out of the hands of dangerous people.

Supporters of the law contend it's helped show New York could act when the federal government was stymied by gridlock.

The Second Amendment Guarantee Act (SAGA) reintroduced this year by Tenney would ensure that states are prohibited from banning the manufacture or sale, importation or possession of any rifle or shotgun that is lawfully permitted under federal law. It would not repeal the SAFE Act, but it would, in essence, override it.

“It chased out great businesses like Remington Arms and other gun manufacturers. It took away from our economy,” Tenney said, also mentioning the recreational aspect.

The bill has been around D.C. for quite a few years with no real shot at passing. However, when you take a look at the power in Washington, D.C. today, Republicans and conservatives have total control.

“President Trump certainly has been friendly to the gun rights community, and pretty much happy to go along with whatever they prefer to do with an exception or two," said Robert Spitzer, a distinguished service professor in the political science department at SUNY Cortland.

While he does believe the bill's best chance to land on the president's desk is now, he does not believe it will get that far.

“Supporters could lose votes, or not get the the number of votes they need, because it is a question of how much power the federal government should have versus the states. Many conservatives believe that the federal government simply is too powerful,” he added.

“I am a full supporter of the Tenth Amendment, which gives the rights to the states if they're not enumerated in the Constitution of the Bill of Rights directly to the states and the people. The Second Amendment is one of the Bill of Rights,” Tenney said.

If the bill were to pass, Spitzer believes New York state would almost immediately file an injunction and ensure it was taken to court.

“The New York State SAFE Act has been challenged more than once in the courts. Except for some very minor provisions, it's been upheld as constitutional,” Spitzer said.

While Tenney believes the Second Amendment would trump all, Spitzer believes even the conservative-heavy Supreme Court would struggle to get the votes needed to uphold this bill.

Fellow New York GOP Rep. Nick Langworthy is a co-sponsor of the bill.