Gun Control & RKBA
Related: About this forumnew NY gun law challenged
http://www.wktv.com/news/local/State-Supreme-Court-wants-NYS-to-show-good-cause-that-gun-law-is-constitutional-193664911.htmlSince the SAFE Act bans guns in "common use" and was passed unread not to mention without NY's three day waiting period for public comment, this could be interesting.
Eleanors38
(18,318 posts)ProgressiveProfessor
(22,144 posts)However the NY state judiciary are pols in robes. It may create some fireworks, but little will change in the end.
gejohnston
(17,502 posts)or at least most of them?
Loudly
(2,436 posts)You can circle the drain with how commonplace a certain firearm is in order to move the goal posts as to an acceptable weapon.
I will call you OUT on your Supreme Court boundary whenever I see you trying to invoke it.
ProgressiveProfessor
(22,144 posts)And I and other call out zombies whenever we see them
Straw Man
(6,625 posts)Loudly is Shares United, beyond any doubt. Undead as all get-out.
gejohnston
(17,502 posts)Walker?
Response to ProgressiveProfessor (Reply #5)
Post removed
Straw Man
(6,625 posts)I'll just observe that it is some seriously sick shit and opine that you should get professional help.
ProgressiveProfessor
(22,144 posts)Wonder if they checked TOS. Shares United/Loudly is still under 1K posts so MIRT could look at them too.
Loudly
(2,436 posts)A typical ruse under Heller is to give the imprimatur of legitimacy to greater and greater lethality.
These scoundrels should be cremated rather than buried.
And their cremains scattered to the four winds.
Straw Man
(6,625 posts)And their cremains scattered to the four winds.
You're doing your "bloodthirsty" bit again. Do you want to wind up banned again? How many lives does a zombie get?
holdencaufield
(2,927 posts)... I don't suggest you own a firearm. But, I acknowledge your right to do so under the Constitution.
av8r1998
(265 posts)Heller was a smackdown of gun control overreach.
It's also the law of the land now.
Not a "Loophole".
loop·hole (lphl)
n.
1. A way of escaping a difficulty, especially an omission or ambiguity in the wording of a contract or law that provides a means of evading compliance.
There is no "evasion of compliance" here. The law itself was unconstitutional.
jmg257
(11,996 posts)New York already has a ban on hi-cap mags and assault weapons similiar to the 1994 federal ban.
Could an examination of this new Act have an impact on the current laws?
kudzu22
(1,273 posts)If the court rules that standard-capacity magazines and common rifles are protected by the 2nd amendment, then New York's AWB is effectively struck down.
On how lower courts interperet "Common Use"
For example, the Glock 19 (Compact 9mm) pistol is one of the most common if not THE most common handgun on the planet.
It holds 15 rounds out of the box.
Some possible interpretations:
9mm compact firearms are in common use, therefore banning that type of firearm is unconstitutional, but "Arms" applies to weapons, not their component parts, so the mag ban is OK.
The most common defensive weapon in the world comes with 15 rounds. Therefore the mag ban is unconstitutional.
The largest mag capacity of the most commonly used type of pistols is 19 (Springfield XDM 9mm), therefore a mag ban is constitutional, but the most restrictive it can be is 19 for handguns, and 30 (standard capacity) for rifles.
Then, there is the additional complication with this law that you can posess a 10 round mag, but may not load more than 7 in the magazine. Could that be interpreted as a reasonable restriction, because they aren't banning the gun, just how it is used.
This case will be very interesting.
I suspect if it is found constitutional it will end up adjudicated in 2nd circuit, where it will be in conflict with other Federal Appellate Rulings. Eventually, it will get to SCOTUS where they will rule on the matter and set a framework for "Reasonable"
The other thing that is interesting is that it is a civil action. Nobody has been CRIMINALLY charged, and it is a criminal statute.
I am pretty sure, since this law has many other flaws, that it will be changed before this issue ever sees the inside of a courtroom.
The last thing Cuomo wants is to have even the 10 round mag ban thrown out.
Additionally, as noted in another thread, NYS Supreme Court is a trial court. They can only consider matters of law particular to the case. If they find the law unconstitutional, another action would need to be brought RE: the other law, absent an appeal.