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Alan Gura: NY 7 Round Mag Limit Unconstitutional

Discussion in 'General Gun Discussions' started by Justin, Jan 31, 2013.

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  1. Justin

    Justin Moderator Staff Member

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    THE CHAIR IS AGAINST THE WALL
  2. Ryanxia

    Ryanxia Member

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    Would this just potentially bring the capacity up to 10 as commonly accepted by other states/cities?
     
  3. BHP FAN

    BHP FAN Member

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    I think it would.
     
  4. JRH6856

    JRH6856 Member

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    From listening to the video, whatever the capacity, I don't think it would be good idea to take it for stroll down 5th Ave.
     
  5. bigfatdave

    bigfatdave Member

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    10 is still arbitrary. If NYS gets hammered (and they should), hopefully the concept of limiting magazine size will be tossed out as the worthless trash legislation it always is.
     
  6. joeschmoe

    joeschmoe Member

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    States have more leaway in what can be carried in public, but cannot blanket ban ownership of common weapons. This is clearly established. NY made no effort to comply with the recent Heller/McDonald rulings. Any federal court should easliy strike this down. They don't like it when you ignore the SCOTUS.
     
  7. izhevsk

    izhevsk Member

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    Interesting that he differentiates between banning weapons with a capacity over seven rounds (as unconstitutional) and the actual number of rounds (fine with state regulation) carried.
     
  8. sidheshooter

    sidheshooter Member

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    One of the better threads I've seen of late. I wouldn't want to be a test case myself, but hopefully this one sees its day in court.
     
  9. rdhood

    rdhood Member

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    I haven't listened to the whole thing, but this implies that most firearms that Americans have an expectation to find "in common use" cannot be banned. The real question then becomes: What do Americans believe is "in common use?"
     
  10. joeschmoe

    joeschmoe Member

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    ^That was explained in Heller v DC. Read the case.
     
  11. rdhood

    rdhood Member

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    Well, then, its time we let it be known that AR-15s ARE IN COMMON USE.
     
  12. joeschmoe

    joeschmoe Member

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    That is why the NY law and feinswine's AWB will fail court challenge. They clearly violate the recent SCOTUS cases of Heller and McDonald.

    But NY's still need to replace everyone of those gun grabbers, regardless of party. We also need to target everyone of the co-sponsors of the federal AWB.
     
  13. denton

    denton Member

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    Dr. Randy Barnett, prominent law professor:

     
  14. joeschmoe

    joeschmoe Member

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    ^Yup! That's what I've been saying. Everyone is panicing, but the fact is the government simply does not have the power to ban these things. They will be struck down.
     
  15. JRH6856

    JRH6856 Member

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    Yes, but if they get passed, they have to be challenged in court to be overturned. In the meantime...

    ...they are like cockroaches and rats, they can make a mess of things before someone turns on the light.
     
  16. joeschmoe

    joeschmoe Member

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    Yes. But don't forget we are men with the power of the light and the big foot to stomp them with.
    Once it is struck down they will be in a worse postition than now, we will be vindicated and then we use the big foot and vote out everyone of these clowns who voted for it.
    Anyone who keeps voting for them deserves to get bitten by the rats.

    The system is not always pretty or speedy, but it does work.
     
  17. goldie

    goldie Member

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    Theres alot of heat coming down on all this, donations taken by the NYS pistol & rifle clubs, & many other organizations are fighting back right now, & this will not just fade away.the gun stores in NY are pathetic right now,unless you need a bolt action for hunting,or an over/under, theres nothing else, not even a rem 870.these stores are going to be in big trouble soon, they will have nothing else to sell,& they cant pay their rent selling holsters,knives, & gun cleaning supplies...
     
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