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Will the new NY law be repealed by the Courts?

Discussion in 'Legal' started by usmarine0352_2005, Jan 15, 2013.

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  1. heyjoe

    heyjoe Member

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    the fight isnt over here. there will be battles in federal court. a number of national state and local second amendment advocate groups are meeting with lawyers to review the law with the aim of challenging it in whole or in parts in federal court. from the reaction i am seeing from gun owners in NY, it will be well funded.

    The good news for those of you in the rest of the country is with this move, the law, the way it was rammed through in a day with no debate, behind closed doors and talk of confiscation, Cuomo has guaranteed that he will not be the next president of the united states.

    Make no mistake though the republican party also disgraced itself. despite a tremendous outpouring of phone calls, emails, letters and faxes on very short notice in a very limited time frame, from their constituents, republican state senators caved quickly because of fear of Cuomo's wrath and to get some table scraps from him in the state budget. Spineless gutless politicians.

    if i decide to move i hope it will be next door to wolfman.
     
  2. birddog

    birddog Member

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    Again, many of us don't embrace any of it. We're outnumbered by a city that, in my case, is hundreds of miles away. My local legislators voted against this.

    Why has this guy's trolling been tolerated here?? Not The High Road I know and love.
     
  3. blaisenguns

    blaisenguns Member

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    Agreed. New Yorkers keep coming to FL and they cant drive.
     
  4. BullfrogKen

    BullfrogKen Moderator Emeritus

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    Temporarily closed while cleanup is in process.


    10 minutes later . . . .


    OK, all done.
     
  5. MilsurpShooter

    MilsurpShooter Member

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    There's supposedly a protest in Westchester county, down at the Federal court house on 1/19/13. Haven't heard about the times yet but myself and my Gadsden Flag will be there even if I'm the only one who shows.
     
  6. burk

    burk Member

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    As far as the law there are three clear legal problems with it:

    1) They require dealers to perform a NICS check before they sell ammo. But it is illegal under federal law to access NICS for anything other than a Handgun or Long Gun purchase. So the law requires that ammo dealers violate federal law.

    2) They forgot to include a clause exempting any LE from the magazine ban. And the cops in NYC need to fire 15-20 rounds just to find the general vicinity of the target if the Empire State Building is shooting is any indication.

    3) By banning all firearms that come with magazines larger than 7 rounds they are effectively banning most commonly used handguns like the Glock 19, In the DC case a ban of Semi-auto pistols was thrown out due to the fact that semi-autos are "commonly used" in self defense and very popular. NY state is not banning magazines (that is a ruse), they are banning a vast majority of semi-auto handguns and SCOTUS has already ruled that was illegal.
     
  7. swalton1943

    swalton1943 Member

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    what about Remington?

    Do we think that remington will close their plant in nys and move elsewhere?
     
  8. Tom from WNY

    Tom from WNY Member

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    Ah, but LEO currently are not exempt from the capacity restrictions at this time.
     
  9. Solo

    Solo Member

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    This sounds hilarious! Can you show me the part of the laws stating this so I may share it with my more liberal friends?
     
  10. pendennis

    pendennis Member

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    I realize that...

    ...this would be pure fantasy, but it would be sweet justice if the firearms manufacturers (Glock, S&W, etc.), would inform the various purchasing agencies in New York, that they will no longer ship any semi-automatic handguns for police purchase, since the magazines all hold more than seven rounds.

    Sauce for the goose...
     
  11. Green Lantern

    Green Lantern Member

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    Maud Dib - I understand fully where you're coming from. I make such a big deal out of it in order to highlight the dangers of rushing through kneejerk legislation that "you have to pass it to find out what's in it!" :barf:

    Plus, restricting civilians' RKBA does not make the antis or fence-sitters realize that we're less safe. But doing it to the cops will have (most of) them screaming bloody murder. Maybe eventually something will "click" in their minds, that a good guy with a gun is a good guy with a gun, badge or not?
     
  12. Old Fuff

    Old Fuff Member

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    Your "liberal friends" won't believe you, so tell them they can see for themselves by going to this link:

    http://www.fbi.gov/about-us/cjis/nics

    And to totally ruin their day you might point out...

    Accessing or using the NICS, or permitting access or use of NICS by another, for any unauthorized purpose is a violation of Federal law, sanctions for which included criminal prosecution; a civil fine not to exceed $10,000 and/or cancellation of NICS inquiry privileges.

    If New York State is directing it's residents and businesses by law, to violate a Federal statute......

    The thing that's interesting about N.Y. legislators and the governor is that they pass laws while having absolutely no knowledge about what they are doing.

    And keep getting elected... :banghead:

    Oh well... :evil:
     
  13. alsaqr

    alsaqr Member

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    The chances of the NY law being overturned by the courts are slim to none.
     
  14. General Geoff

    General Geoff Member

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    I'd agree that it's not likely that a New York State court will strike it down, but a federal court? You betcha. Modern semiautomatic firearms holding more than 7 rounds are practically the definition of "common usage," these days. There is absolutely no way that limit could be considered constitutional under Heller.
     
  15. Old Fuff

    Old Fuff Member

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    And by implication, Miller (1934) said that firearms with a clear use in the Militia were protected by the 2nd Amendment.
     
  16. Solo

    Solo Member

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    Found it!
    § 25.6 Accessing records in the system.
    (a) FFLs may initiate a NICS background check only in connection with a proposed firearm transfer as required by the Brady Act. FFLs are strictly prohibited from initiating a NICS background check for any other purpose.
    (p. 58308)

    You have made me a very happy man.
     
  17. joeschmoe

    joeschmoe Member

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    I agree with this and I would add;

    4)NY made no effort to comply with the rulings in with Heller/McDonald/Miller.
     
  18. Old Fuff

    Old Fuff Member

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    My bill for professional research services is in the mail... :D:

    Now go forth and ruin some folks day. :evil:
     
  19. mgkdrgn

    mgkdrgn Member

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    Odds are pretty good at least parts of it will ge quashed ... but it will take years. NY will fight it to the last taxpayer dollar.
     
  20. steveracer

    steveracer Member

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    If New York State is directing it's residents and businesses by law, to violate a Federal statute......

    The thing that's interesting about N.Y. legislators and the governor is that they pass laws while having absolutely no knowledge about what they are doing.

    And keep getting elected...

    Fuff,
    Maybe this was deliberate. MAYBE it was intended to make it illegal to buy ammo in the state of NY. If the dealers don't violate federal law, the sale can't happen or they violate NYS law. Boom: Ammo sales illegal. Done and done.
     
  21. Old Fuff

    Old Fuff Member

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    .

    I doubt it. I haven’t read the text of New York's new law, but apparently they are doing something they can't legally do - that is to direct a Federally Licensed Firearms Dealer to do something that is specifically forbidden in the Federal Statute. States do not have the authority under the Constitution to do what they are doing. Some attorney will undoubtedly haul them into Federal Court, or they may simply send a letter to the U.S. Attorney's Office in New York, where they can't ignore the situation.

    If the state government won't back down they will soon be hit with a Federal Court injunction, and if they ignore that the fun will really begin with the likely result of Governor Cuomo and perhaps others being hit with a Contempt of Court Citation containing sanctions. Not likely though, that things will go that far.

    Meanwhile the Governor and some legislators should have egg on their face as it’s hopefully pointed out that they are absolutely brainless when it comes to drafting firearms legislation. Satire can bite!
     
    Last edited: Jan 20, 2013
  22. larryh1108

    larryh1108 Member

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    What's to keep people who live in New York from buying ammo in the closest state? It may be a pain but while they sort this mess out drive to the closest state and stock up. That law is as useless as a 7 round mag limit.
     
  23. RPRNY

    RPRNY Member

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    To the smug posters who damn all NY residents for having voted in communist Democrats, you need to know something about the cesspit of corruption that is the NY state legislature. Cuomo's piece of theatre dressed up as law was passed with BI-PARTISAN support in the Senate by craven dog Republicans sucking up to Lord Cuomo. The Bill was passed in the Senate 43-18. There are 30 so-called "Republicans" in the Senate. Last Saturday nine Democrats were prepared to vote against the Bill and 4 more were susceptible. If the Republicans had voted party line against it, we could have beat this Bill. They are craven cowards and Albany is the most corrupt hell-hole outside Cooke Co IL. So, it didn't matter who voted for whom. Lord Cuomo and His Excellency, Count Bloomberg, bought this law.

    The law is vulnerable on several points listed above. It will have to be amended and, frankly, Cuomo may not even care when key provisions are overturned since he got his headlines and doesn't care about gun violence anyway. Several provisions that may not be amended will be challenged but have no hope of being overturned in State Courts filled with judges who believe the Constitution is an anachronistic fascist rag. Many however will be overturned in Federal Court.

    There are many sane New Yorkers. Some of us live South of 84. Almost none of us hold elected office. The state legislature is a disgrace. The governor is a pandering idiot. Bloomberg is a condescending piece of filth who hates his own country. As long as these people are tolerated by the gimmedats gimmedats, limousine Liberals, and credit card Communists that dominate our electorate, NY will be a cancer on America. But do not paint those of us who are economic prisoners of the Southern Gulag or the poor upstarted folks who have no say in how they are governed with the same brush.

    Despite good weather, turn out yesterday was disappointing in my opinion.


    http://polhudson.lohudblogs.com/2013/01/19/video-gun-rights-supporters-rally-at-state-capitol-after-new-law/
     
  24. burk

    burk Member

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    While it may take many years in the court to get the magazine Ban which apparently violates McDonald. The NICS ammo check part of the regulation could get an injunction against it very quickly (a few weeks). As a rule Federal Courts don't take kindly to States violating clear Federal statutes.

    OTOH, the Constitutional issues could take 12-18 months at least to get thru the Courts.

    I also think the citizens of the State Have a lawsuit possibility for Cuomo's ridiculous announcement that we won't enforce the law against LE. The 14th amendment issues (equal protection means equal enforcement) are huge in this one. If the State Congress forgot to include a clause exempting LE that's their problem, the government has no legal authority to declare that the law doesn't apply to government employees. I'd love to see some citizen arrests and law suits for any prosecutors who fail to enforce the whole law on this one but I'm not holding my breath.
     
  25. joeschmoe

    joeschmoe Member

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    The fact remains that the bill was slammed dunked through both houses, repubs and dems alike voted overwhelming for it. The overwhelming MAJORITY of NY'ers and their state reps agree with this. You are a silent minority in your state being oppressed by the majority. I don't blame you, unless you voted for these clowns. Any NY who did, or keeps voting for these clowns is responsible for what they do. Bloomberg, cumo, both major parties and all of NYC are not to blame. It's the millions of NY'ers around the state who voted for these reps and keep voting for them that are responsible. It's their fault. That's not opinion, that's fact.
    The only way it will change, is if NY'ers vote for pro gun candidates. New candidates, not the same old ones. Otherwise you must pray a court overturns it as unconstitutional. Don't hold your breath for a NY federal judge sitting in NYC or Albany to do so. It could take years for a higher court to overrule your local federal gun grabbing courts and legislatures.
    Take control of your government or be oppressed by it.
     
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