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new NY gun law challenged (Original Post) gejohnston Feb 2013 OP
3 days? No comment? Faster than an Austin developer in heat. Eleanors38 Feb 2013 #1
Having it set aside would provide some comic relief ProgressiveProfessor Feb 2013 #2
aren't all judges politicians in robes? gejohnston Feb 2013 #3
That sounds very much like the bullshit trap in Heller. Loudly Feb 2013 #4
And you sound a lot like Shares United ProgressiveProfessor Feb 2013 #5
Indeed. Straw Man Feb 2013 #7
I thought the new term was gejohnston Feb 2013 #8
Post removed Post removed Feb 2013 #9
I'm not going to alert on this. Straw Man Feb 2013 #11
Somebody did... ProgressiveProfessor Feb 2013 #13
"In common use " is a loophole as big as a Mack Truck. Loudly Feb 2013 #6
Oh my ... Straw Man Feb 2013 #10
Based on your propensity to extreme violence ... holdencaufield Feb 2013 #12
How is a SCOTUS decision a "Loophole"? av8r1998 Feb 2013 #14
Hmmm...How will a case on this new law affect the old AWB? jmg257 Feb 2013 #15
I would think the old law could be called into question too kudzu22 Feb 2013 #16
Depends av8r1998 Mar 2013 #17

ProgressiveProfessor

(22,144 posts)
2. Having it set aside would provide some comic relief
Wed Feb 27, 2013, 11:36 PM
Feb 2013

However the NY state judiciary are pols in robes. It may create some fireworks, but little will change in the end.

 

Loudly

(2,436 posts)
4. That sounds very much like the bullshit trap in Heller.
Wed Feb 27, 2013, 11:45 PM
Feb 2013

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.

Response to ProgressiveProfessor (Reply #5)

Straw Man

(6,625 posts)
11. I'm not going to alert on this.
Thu Feb 28, 2013, 12:20 AM
Feb 2013
Worshipful nursing on the barrel of a gun and methodical insertion of rounds of ammo into your lower GI tract.

I'll just observe that it is some seriously sick shit and opine that you should get professional help.

ProgressiveProfessor

(22,144 posts)
13. Somebody did...
Thu Feb 28, 2013, 01:55 AM
Feb 2013

Wonder if they checked TOS. Shares United/Loudly is still under 1K posts so MIRT could look at them too.

 

Loudly

(2,436 posts)
6. "In common use " is a loophole as big as a Mack Truck.
Thu Feb 28, 2013, 12:08 AM
Feb 2013

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)
10. Oh my ...
Thu Feb 28, 2013, 12:14 AM
Feb 2013
These are scoundrels should be cremated rather than buried.

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)
12. Based on your propensity to extreme violence ...
Thu Feb 28, 2013, 01:47 AM
Feb 2013

... I don't suggest you own a firearm. But, I acknowledge your right to do so under the Constitution.

 

av8r1998

(265 posts)
14. How is a SCOTUS decision a "Loophole"?
Thu Feb 28, 2013, 08:20 AM
Feb 2013

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)
15. Hmmm...How will a case on this new law affect the old AWB?
Thu Feb 28, 2013, 03:11 PM
Feb 2013

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)
16. I would think the old law could be called into question too
Thu Feb 28, 2013, 03:45 PM
Feb 2013

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.

 

av8r1998

(265 posts)
17. Depends
Fri Mar 1, 2013, 10:20 AM
Mar 2013

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.

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