James Ostrowski, Esq. is actively fighting the unconstitutional NY gun control regime at the highest levels of the state and federal court systems.

Libertarian Party of Erie County v. Cuomo

This case, now pending a ruling from the U.S. Court of Appeals after a 2.20.19 oral argument, is one step away from U.S. Supreme Court review. The case seeks to nullify New York State’s arbitrary pistol permit requirement based on the following:

  • Unconstitutional – Second and Fourteenth Amendment rights violated
  • Overly subjective nature of “good moral character,” “good cause,” and “proper cause” requirements
  • Application of “intermediate scrutiny” to Second Amendment restrictions when “strict scrutiny” is most appropriate for this constitutionally enumerated right

The People of the State of New York v. Benjamin Wassell


The 2014 indictment leveled against Defendant-Appellant Ben Wassell in the first ever SAFE Act case was dismissed with prejudice in Chautauqua County Court on Monday, July 8, 2019. This final action represents the culminating victory for Wassell and Second Amendment civil rights advocates across New York State who sought reversal of the state’s first ever conviction under the unconstitutional and ineffective SAFE Act imperial gun control edict. Additionally, dismissal with prejudice represents yet another positive and decisive step towards SAFE Act repeal.


The district attorneys of all 17 Western New York counties have stated they WILL NOT enforce the SAFE Act seven-round capacity limit:

  • Wayne County
  • Schuyler County
  • Chemung County
  • Orleans County
  • Seneca County
  • Genesee County
  • Cattaraugus County
  • Yates County
  • Monroe County
  • Livingston County
  • Ontario County
  • Steuben County
  • Allegany County
  • Wyoming County
  • Chautauqua County
  • Niagara County
  • Erie County




2AWNY is a force multiplier for the numerous Second Amendment civil rights advocacy enterprises forming the backbone of Western New York’s vibrant gun culture. We act as a 2A news and information distribution, policy analysis, and organizational driver for the many interest groups seeking to defend and expand Second Amendment civil rights throughout the region. 2AWNY is dedicated to assisting in the organization, promotion, and funding of legal challenges to the unconstitutional New York State gun control regime. We seek to make Western New York the epicenter of New York State’s Second Amendment civil rights renaissance.

© 2019