A modest suggestion for THR folks
For your reading enjoyment, a very recent decision that is appropriate,, dating from Nov. 27th, 2012, where the Second Circuit refused a challenge to NY State's permit laws but might give basis to challenge the new law.
Money quote,
11 . . ."We have held that “heightened scrutiny is triggered
12 only by those restrictions that (like the complete
13 prohibition on handguns struck down in Heller) operate as a
14 substantial burden on the ability of law-abiding citizens to
15 possess and use a firearm for self-defense (or for other
16 lawful purposes).”
17 166 (2d Cir. 2012).
citing United States v. Decastro, 682 F.3d 160,166 (2d Cir. 2012).
This is from Kachalsky et al. v. Cty. of Westchester et al. 11-3642 at page 27 (2nd Circuit, Nov. 27, 2012). Subsequent pages indicate that regulations about carrying outside of the home will be treated differently than defense within the home regarding the amount of burden assessed by the court.
Since heightened scrutiny applies in the 2nd Circuit according to their understanding of Heller and MacDonald, then the question regarding 7 round magazine requirement would be whether it unlawfully burdens the core of fundamental freedom protections which the 2nd Circuit believes consists of defense of home. What I would suggest to any challenger of the law is to apply this case and demonstrate a need for a magazine of 7 or greater in the context of home defense. This seems to be the weakest point in the NY law--empirical evidence with home defense incidents that demonstrated the need for more firepower. The general non-availability of 7 round NY compliant magazines might also be viewed as a substantial burden. The obvious riposte by govt. will be that magazines could be readily changed--then you will need to demonstrate that the awkward, the disabled, the elderly, etc. might not be able to do so.
If the folks on the THR really want to help, perhaps a start would be by providing documentary evidence (media, books, police reports, personal experiences that can be documented, etc.) from local home defense incidents that required multiple shots beyond 7 to make the invasion stop. Multiple attacker home invasions might be especially important to document this fact that 7 rounds is unreasonable. Also document the relatively short time span that many of these incidents occur within that could prevent a magazine change. Incidents in NY and NE are especially important with sympathetic victims of violent home assaults. Incidents between rival gangs is probably not the best sort of incident to document the need for a greater number of rounds.