[gunsmith]

Lets say I was to visit the land of my ancestors (NYC)
and got busted with a pistol.
Instant Felony unless your real rich...
The 8th Amendment:
Excessive bail shall not be required,nor excessive fines imposed,nor
cruel and unusual punishments inflicted.

it seems rather excessive to me to get a felony for obeying the
2nd Amendment

has anyone tried this before?

[geekWithA.45]

I don't know if it's been tried, but usually I see the 8th invoked as an auxilliary defense, rather than a primary.

(In other words, the issue of guilt isn't approached, it's essentially conceded, and the issue of the punishment is what's at hand)

The way things have been going with the courts lately, my guess is that unless the punishment involved car batteries, jumper cables, and the victim's genitals, it's not going to work.

[buzz_knox]

I doubt if it's been tried in this context, nor do I think it would be a valid defense. The 8th comes into play when something shocks the conscience of the court or is clearly unjust.

[BHPshooter]

In many places, especially New York and Kali, the Bill of Rights doesn't mean much. They will twist the document to mean whatever they want it to on a case-by-case basis, as has always been the case.

At any rate, it would be one of the last things I would try.

Wes

[Graystar]

NY courts have already ruled that the Second Amendment doesn't protect a right to possess a firearm. You'd have to get that ruling overturned first before moving on any defense that uses the Second Amendment.

[Standing Wolf]

it seems rather excessive to me to get a felony for obeying the 2nd Amendment

Only government can "obey" the Bill of Rights—or could, anyway. We mere commoners can only erercise our rights—or could, anyway.