New York Senate passes increased assault weapons ban

[Old Dog]

goldie said

Theres going to be a lot of guns being buried in storage tubes & stashed away all over the state......

... but I remember a smart guy who also said once that if it's time to bury your guns, that'd mean it's really the time you should be digging them up, ready to use them ...

 

[Trent]

Passed house 104-43.

New York .. this just became law.

 

[glennv]

Well boys. Use em before you lose em.

 

[Cosmoline]

Don't do anything rash. Just leave the state and burn your real estate behind you. Actually the locals will do that part for you.

 

[SuperNaut]

Now is a good time to remind New Yorkers that the right to bear arms is an inherent right, it is your birthright.

 

[Hunterdad]

This just passed the assembly. Anyone out of New York State need a roommate with a wife and 3 kids?

 

[GiorgioG]

Now is a good time to remind New Yorkers that the right to bear arms is an inherent right, it is your birthright.

Your rights can only be upheld if you have the financial means necessary to defend them in court. Sadly, most people cannot afford it.

 

[larryh1108]

Seriously, how does anyone who owns a Glock get a 7 round magazine? How about any semi auto handgun that has the +10 capacity. Are you SOL now? I doubt the mfg company will make mags for 1 state and I'm sure an aftermarket company will jump in and cash in with 3x the price for a standard mag.

When I read the proposal, it stated it would be a misdemeanor if found with more than 7 rounds in a magazine. They are giving you 1 year to sell your mags and become compliant. This is freedom?

 

[xfyrfiter]

NOOOOO this is not freedom, this is fascism, and the predecessor to totalitarianism.

 

[Trent]

But, which part don't you like? They took Bloomburg and Cuomo's private agenda, skipped any public hearing, committee review, or expert testimony, bypassed the normal legislative rules by executive order, and stripped away a constitutionally guaranteed right.

 

[hak]

mind. blown.

anyone who reads about this who doesn't contact your state and federal representatives is complicit in this coming to your (state | country). have your voice be heard!

 

[Silent Bob]

This is what a "National Conversation" looks like.

 

[xXxplosive]

This is gonna Torque Up some folks in NY.............IMO.
Our own fault for being so complacent all the time. They're out demonstrating in front of Wal-mart in Conn....while we're gettin our ass kicked in NY.....wait 'till tomorrow when he shows up with all the kids on stage.....I'm getting nausious.

 

[glennv]

Does NY have a right to bear arms provision in its state constitution.

 

[Trent]

No. There's not a single mention of "arms" in the State Constitution.


Constitution of New York, bill of rights;

§1. Rights, privileges and franchise secured; power of legislature to dispense with primary elections in certain cases.

2. Trial by jury; how waived.

3. Freedom of worship; religious liberty.

4. Habeas corpus.

5. Bail; fines; punishments; detention of witnesses.

6. Grand jury; protection of certain enumerated rights; duty of public officers to sign waiver of immunity and give testimony; penalty for refusal.

7. Compensation for taking private property; private roads; drainage of agricultural lands.

8. Freedom of speech and press; criminal prosecutions for libel.

9. Right to assemble and petition; divorce; lotteries; pool-selling and gambling; laws to prevent; pari-mutuel betting on horse races permitted; games of chance, bingo or lotto authorized under certain restrictions.

10. Repealed

11. Equal protection of laws; discrimination in civil rights prohibited.

12. Security against unreasonable searches, seizures and interceptions.

13. Repealed

14. Common law and acts of the colonial and state legislatures.

15. Repealed

16. Damages for injuries causing death.

17. Labor not a commodity; hours and wages in public work; right to organize and bargain collectively.

18. Workers' compensation.

 

[MrTwigg]

....

 

[grahluk]

I don't think there is a bright side to this but... if we want to look at this differently then it's possible this law could become ammunition for a court challenge. I'm a NYC legally licensed pistol owner. I have a P226. The standard capacity is 15 rounds. A no-no by city licensing. (un)Forturnately Sig makes a reduced capacity 10 round mag. Those are what I own to keep compliant with the law. Now my 10 round magazines will be illegal in a year? If Sig does not produce a 7 round magazine my pistol will be rendered inoperable. That possibly is standing for a court challenge. Both the DC and Chicago SC rulings were due to local law over reach. Heller 1 was because a permit was needed for a handgun but the permit process was closed. Heller 2 was because (and this is pertinent to now) his gun was a 1911 if I recall and their new permit law disallowed semi automatics. Chicago simply incorporated that to the states. Now if Gura were to craft another careful case it might be a class action case of many NYC permit holders' weapons being rendered inoperable because there are no magazines available to meet the letter of the law. That 7 round limit is totally arbitrary and affects most semi auto handguns. I bet a careful class action could be mounted with a very long list of legal gun owners who have standing as being infringed.

We won Heller 1&2 as well as Chicago because those governments were defiantly over reaching. We may not have to give them enough rope as they seem to be taking it by the handful again.

 

[Trent]

The problem, grahluk, is New York's courts are already proven anti-gun.

So is their Federal court district, which upheld the original ban.

If you want to throw this ban off, it's going to take the Supreme Court to do so.

Sorry for the bad news, but that's just how it is.

 

[highorder]

IANAL.

What is the most probable path for a SCOTUS challenge to the NY abomination?

 

[glennv]

That's what I was getting to Trent. Since you have no state right to bear arms isn't this a one-way ticket to federal court?

 

[mastiffhound]

What a dire day this is. It will be confiscation by the next generation in NY. I can't stand this. It makes me want to puke. Last time I checked we are not in the USSR or Nazi Germany. I don't see this going well. The U.S. has now become a much more dangerous place.

 

[22-rimfire]

I think NY has just set itself up for a crazy to demonstrate just how ineffective this law is going to be in stopping any kind of "mass murder".

 

[mastiffhound]

Ammunition dealers will be required to do background checks, the same as with firearms. All ammo purchases and amount you bought are to be reported to the state. It's over in NY, leave now while you still can! A state that contributes little (nationally) in the way of food grown, manufacturing jobs, or much else shouldn't be this ignorant. Oh that's right they do have the highest percentage of theft (WALL STREET) and dirtbag politicians. I say leave. The only time I've been to NYC was to help a friend move in the dead of winter. At 16 degrees it smelled of roadkill, dead bodies, and the worst bathroom stall you have ever had the misfortune of visiting. Their current advertising campaign is "AT LEAST WE'RE NOT NEW JERSEY". Let the politicians and rich have their welfare recipient subjects to cheer them on as the state loses every job and every able bodied worker. When their murder rates triple or quadruple be sure to laugh and point, NY's governor earned it!

 

[Trent]

IANAL.

What is the most probable path for a SCOTUS challenge to the NY abomination?

The quickest path is if Illinois CCW ban strike-down is affirmed in the 7th.

That puts the 2nd and the 7th district courts in contention with one another. SCOTUS MAY be more compelled to take action at that point.

The Federal Government might, however, sit it out. If they do nothing, they are essentially affirming it's a state right.

Remember, the 2nd amendment of the US constitution is a limit on the FEDERAL government's power. It wasn't until fairly recently that the 2nd amendment was ruled to apply to the states (through selective inclusion) by way of the 14th amendment. And even more recently than that in which it was indicated that it upholds the right to self-defense.

Unfortunately if the Supreme Court sits this one out - which they might - it means short of a complete ban on all firearms, a State is acting within it's rights.

 

[DAP90]

So I’m sitting here reading the rather disturbing news out of NY and wondering to myself why there is no penalty for violating the Constitutional rights of the rest of us. There’s a chance these politicians will get voted out of office but that’s it. Why are there no civil or criminal penalties?

They get to trample all over us, defend their actions with taxpayer funded money and if they lose they just pass another law and restart the process. It costs them nothing to just keep trying until they succeed.

It’s probably a bad idea but I don’t know – a little accountability might do some good.