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Federal judge upholds NY SafeAct, stikes a portion
rabump199
Member Posts: 238 ✭✭✭
Well we in NYS took a big hit for the end of the year, and a smack in the face for 2014.
http://www.buffalonews.com/city-region/state/federal-judge-upholds-new-yorks-ban-on-assault-weapons-rejects-7-round-magazine-limit-20131231
http://www.buffalonews.com/city-region/state/federal-judge-upholds-new-yorks-ban-on-assault-weapons-rejects-7-round-magazine-limit-20131231
Comments
I have been waiting for that decision. You can bet that it will be appealed.
You're right, Shilowar, one piece at at time.
Those poor buzzards in CT have it worse than us. [:(!][V]
Looking for clarification ????
and he is the alleged intellectual of the conservative side of the court?
IV. CONCLUSION
"Our Constitution is designed to maximize individual freedoms within a framework
of ordered liberty." Kolender v. Lawson, 461 U.S. 352, 357, 103 S. Ct. 1855, 1858, 75 L.
Ed. 2d 903 (1983). In Heller and McDonald, the Supreme Court found that the right to
"keep and bear arms," enshrined in the Second Amendment, was among those individual
freedoms. But the Court also noted that the right was not unlimited. Drawing from post-
Heller rulings that have begun to settle the vast terra incognita left by the Supreme Court,
this Court finds that the challenged provisions of the SAFE Act - including the Act's
definition and regulation of assault weapons and its ban on large-capacity magazines -
further the state's important interest in public safety, and do not impermissibly infringe on
Plaintiffs' Second Amendment rights. But, the seven-round limit fails the relevant test
because the purported link between the ban and the State's interest is tenuous, strained,
and unsupported in the record.
Further, three aspects of the law - the "and if" clause of N.Y. Penal Law ? 265.36,
the references to muzzle "breaks" in N.Y. Penal Law ? 265.00(22)(a)(vi), and the regulation
with respect to pistols that are "versions" of automatic weapons in N.Y. Penal Law ?
265.00(22)(c)(viii) - must be stricken because they do not adequately inform an ordinary
person as to what conduct is prohibited.
Finally, because the SAFE Act's requirement that all ammunition sales be
conducted in-person does not unduly burden interstate commerce, it does not violate the
Commerce Clause.
So....you can have 10 rds in a 10 rd mag. Everything else stands.
[:(!][:(!]
got the best Constitution trashing judges our socialist administration can appoint
Yup!
Read my signature and see how that matches up with the SAFE Act. [xx(]
When one starts out, it seems "OK" to the casual observer or lazy gun owner. But once these little pieces of crap are all added up over the years, the right to own a firearm will be gone.
If you don't think it can happen to you in your State, beware. We didn't think it could happen here in Ca as fast as it did.
At least,I sure hope they do!!
Other States must look at NY,Nj,Conn,Cali and just laugh their butts off!!
At least,I sure hope they do!!
Us NY residents don't find it comical.
It is the new gun banner's mantra: they know that they can't ban them outright, so they will try the "death by a thousand cuts" instead and ban them one little piece at a time. This is what happened, and is continuing to happen every single year, in California.
When one starts out, it seems "OK" to the casual observer or lazy gun owner. But once these little pieces of crap are all added up over the years, the right to own a firearm will be gone.
If you don't think it can happen to you in your State, beware. We didn't think it could happen here in Ca as fast as it did.
True!!
quote:Originally posted by nyforester
So are 20 and 30 round mags legal or illegal ????
Looking for clarification ????
So are 20 and 30 round mags legal or illegal ????
Looking for clarification ????
Just reading that article, it sounds like the ruling upholds the ban on magazines over 10 rounds, but eliminated the restriction prohibiting loading 10-round magazines to their full capacity.
So it looks like you can now put an extra three rounds in that 10-round magazine.
Wow. What a victory for Second Amendment rights....
As stated the acts against the public with these weapons and mags are so little its a burden on the 2A and the public to havethese laws.
I think the number of ARs AKs and 30rd mags in the publics hands far outweighs the ammout they are used in crimes.
Im saying the scotus will overturn much of the law
Too old to live...too young to die...
I have come to realize that I hate judges more than I do politicians. At least somebody gets to vote against the politicians. Most judges are appointed, rule like kings, make laws from the bench, ignore the Constitution, ignore the will of the people and do whatever they want which 90% of the time is straight out of the Communist Manifesto.
+1
Anything over 10 should be a no-no I believe..
quote:Originally posted by nyforester
So are 20 and 30 round mags legal or illegal ????
Looking for clarification ????
[?]
You DO own guns... Right?
Or did you jus'leave off the GREEN sarcasm by accident... ?
mags back to 10
"muzzlebreak" vs "muzzlebrake", the person who wrote the law had spelling errors and the judge said that for now a muzzle device remains legal however threaded barrels do not? what? Anyway, the judge said to the normal person this could create confusion resulting in a potential legal issue and struck it due to spelling, Albany just has to clean the language and that gets reversed by the Second Circuit. We still have the Tresmond lawsuit but unless they attack this in a different manner I believe that will fail to, they are using the MSR as a common use firearm and not a military one. The problem with SCOTUS is that if the federal judge said it's constitutional and if it makes it to the Second Circuit on appeal who historically has been a liberal anti gun court then SCOTUS I believe will find it hard to take if both of those courts have no dissention in the law. I pray they take it but I hope the other free states look at CT, NY, CA and the other Dem states and shore up your gun rights advocates, lawmakers, and get registered voters out there for our right to protect our freedoms.