NY SAFE act upheld, 7 round limit "tenuous, strained and unsupported"

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  • abean4187

    Ultimate Member
    Apr 16, 2013
    1,327
    Not surprising. I have been expecting AWB and mag limits to go all the way up to the SCOTUS since the beginning. Let’s just hope that the court keeps the conservative majority until then and that the 5 continue to vote pro 2A.
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    The good thing about these decisions in my mind is that they have validated my decision to not vote for Republicans unless they're ardent conservatives. With Democrats, we get bad judges 100% of the time. With Republicans, we get bad judges 90% of the time. What's the difference? And make no mistake about it, McCain and Romney would not have appointed Thomases and Alitos, but Robertses and Souters.

    Ever wonder if the senate has anything to do with this?

    Get an R Senate or a libertarian senate and you have a chance...

    Or just keep on helping Democrats by voting libertarian...
     

    Nanook

    F-notso-NG-anymore
    As two members have made me reevaluate the statement made. I completely saw myself noted as the "infringement folks". If that is not how it was meant then I will apologize to Nanook. I guess I to used to being on the defensive to not come out swinging before I think about it. Now if you will excuse me, I am going to go wipe the egg off my face and pour myself a nice tall glass of STFU.

    Sent from my SM-N900P using Tapatalk

    No worries. We refer to this phenomenon as "battered gun owner's syndrome" or BGOS. It took a while before I could recognize it in myself and start to help fix the problem.

    Rather than drinking any glasses of STFU (I keep a bottle myself), I have found outreach to other BGOS sufferers very helpful. I also like to channel my frustration into written letters to legislators, although I don't mail them for a day or two as edits are often needed to prevent black helicopters and Jack-Boots from carrying me away in the middle of the night. ;) Crayon stick drawings with torches, pitchforks, and nooses aren't a real good way to 'make friends'...

    Taking non-shooters to the range is also good, especially suburban folks and PTA members. Almost everybody I've ever taken to the range (1 guy didn't) asked me if I had more ammo and how they could buy their own gun(s). In general, these type of people waste their (sometimes substantial) free time bitching about leaf pickup, bullying at a school across town, and the 4th of July parade lineup for 2017. Imagine if we can harness the power of bored housewives and pissed-off retired people and bring them to state capitols across the country.
     

    RightNYer

    Banned
    BANNED!!!
    May 5, 2013
    489
    Ever wonder if the senate has anything to do with this?

    Get an R Senate or a libertarian senate and you have a chance...

    Or just keep on helping Democrats by voting libertarian...

    No, because the Republicans are p*ssies. They don't filibuster the Democrats' leftist choices, but don't play hardball themselves.
     

    Recoil45

    Active Member
    Jul 29, 2011
    174
    NY
    Anti gun DA claiming this only applies the Western part of NY:



    Syracuse (WSYR-TV) – Less than a year after New York passed historic legislation regulating guns in the state, a Federal judge has made a ruling saying the controversial laws are constitutional.

    The judge in Buffalo did strike down one controversial provision – the limitation on ammunition to large capacity magazines. The SAFE Act currently limits magazines to seven bullets.

    However, Onondaga County District Attorney Bill Fitzpatrick noted that the ruling is only binding in the Western District of New York.

    He says the limitation on ammunition will continue to be enforced in the Northern District of New York – which includes the greater Syracuse area.


    The Federal judge in Western New York indicated that while restrictions on assault weapons and large-capacity magazines are important in the interests of public safety, he said the restriction on loading more than seven rounds of ammunition is an arbitrary restriction that violates the second amendment.

    The law was prompted by the killing of 26 people – including 20 children – at a school in Newtown, Conn.

    More here:
    http://www.localsyr.com/story/distr...n-provision-re/d/story/ijA7SZAbrUm11p_-q6qhTQ
     

    RightNYer

    Banned
    BANNED!!!
    May 5, 2013
    489
    Anti gun DA claiming this only applies the Western part of NY:



    Syracuse (WSYR-TV) – Less than a year after New York passed historic legislation regulating guns in the state, a Federal judge has made a ruling saying the controversial laws are constitutional.

    The judge in Buffalo did strike down one controversial provision – the limitation on ammunition to large capacity magazines. The SAFE Act currently limits magazines to seven bullets.

    However, Onondaga County District Attorney Bill Fitzpatrick noted that the ruling is only binding in the Western District of New York.

    He says the limitation on ammunition will continue to be enforced in the Northern District of New York – which includes the greater Syracuse area.


    The Federal judge in Western New York indicated that while restrictions on assault weapons and large-capacity magazines are important in the interests of public safety, he said the restriction on loading more than seven rounds of ammunition is an arbitrary restriction that violates the second amendment.

    The law was prompted by the killing of 26 people – including 20 children – at a school in Newtown, Conn.

    More here:
    http://www.localsyr.com/story/distr...n-provision-re/d/story/ijA7SZAbrUm11p_-q6qhTQ

    Good, let him. Let him and his department get hit with a 1983 suit, and there won't be qualified immunity, because his actions are going to violate "clearly established federal law."
     

    jkray

    Active Member
    Jul 13, 2011
    840
    Germantown
    so in one breath this judge quotes heller specifically the section where it states the very type of firearm protected are the type in common use at the time and those that people would bring with them when called to service, then in the very next breath says that the AR-15 is not among the protected firearms.
     

    MJD438

    Ultimate Member
    MDS Supporter
    Feb 28, 2012
    5,854
    Somewhere in MD
    so in one breath this judge quotes heller specifically the section where it states the very type of firearm protected are the type in common use at the time and those that people would bring with them when called to service, then in the very next breath says that the AR-15 is not among the protected firearms.
    2A-2Step - the words of Heller and the 2A do not mean what the common folk think they mean, only what the designated ruling caste thinks and permits. The Bill of Rights, despite what it clearly states in the 9A, is a bill of limited privileges for the hoi polloi, subject to the whims of the critters in congress and those of the black-robed caste.
     

    jkray

    Active Member
    Jul 13, 2011
    840
    Germantown
    2A-2Step - the words of Heller and the 2A do not mean what the common folk think they mean, only what the designated ruling caste thinks and permits. The Bill of Rights, despite what it clearly states in the 9A, is a bill of limited privileges for the hoi polloi, subject to the whims of the critters in congress and those of the black-robed caste.

    forgive me for having critical thinking skills... haha i could see where the judge was trying to go with his reasoning but he did a very poor job (read he didnt) of getting around to it
     

    MJD438

    Ultimate Member
    MDS Supporter
    Feb 28, 2012
    5,854
    Somewhere in MD
    forgive me for having critical thinking skills... haha i could see where the judge was trying to go with his reasoning but he did a very poor job (read he didnt) of getting around to it
    Not disagreeing with your original sentiment. I, among many here and other firearms forums, am damn sick and tired of the 2A-2Step. The words seem so damn simple to understand, especially in the historical contextual lens that we are "supposed" to view them under (IANAL, but I seem to recall learning that we are supposed to define legal documents using the common definitions applicable at the time of the writing of the document, not using the language of the present day to make it sound like something completely different).

    Sorry, my post was heavily sarcastic, having just re-read through the steaming pile of cow dung that is this latest travesty of a "constitutional decision".
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,964
    Marylandstan
    so in one breath this judge quotes heller specifically the section where it states the very type of firearm protected are the type in common use at the time and those that people would bring with them when called to service, then in the very next breath says that the AR-15 is not among the protected firearms.

    yep, i agree. I call this taking a sentence completely out of context.
    Radical lefties do it all the time and think they know what 2A and Heller say's.

    NOT.
     

    EL1227

    R.I.P.
    Patriot Picket
    Nov 14, 2010
    20,274
    And to compound the creepiness ...

    Gov. Cuomo: Pro-life, pro-gun conservatives ‘have no place’ in New York
    Gov. Cuomo: Pro-life conservatives ‘have no place’ in New York

    “It’s more about extreme Republicans versus moderate Republicans,” he said in a radio interview Friday, National Review Online reported. “You’re seeing that play out in New York. … The Republican Party candidates are running against the SAFE Act — it was voted for by moderate Republicans who run the Senate. Their problem is not me and the Democrats; their problem is themselves. Who are they? Are they these extreme conservatives who are right-to-life, pro-assault-weapon, anti-gay? Is that who they are? Because if that’s who they are and they’re the extreme conservatives, they have no place in the state of New York, because that’s not who New Yorkers are.”

    I see quite a few (former) NY'ers posting here. Does anyone else sense a pronounced psychological projection on Cuomo's part ? Since when does moderate equate to caving on beliefs ? He certainly hasn't caved on his own.

    Besides, it seems like Cuomo's persona is as creepy as his ideology ... just the opposite of what OWE'Malley's Eddie Haskell-like smarmy image projects.
     

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    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,705
    SoMD / West PA
    Gov. Cuomo: Pro-life, pro-gun conservatives ‘have no place’ in New York
    Gov. Cuomo: Pro-life conservatives ‘have no place’ in New York

    I see quite a few (former) NY'ers posting here. Does anyone else sense a pronounced psychological projection on Cuomo's part ? Since when does moderate equate to caving on beliefs ? He certainly hasn't caved on his own.

    Besides, it seems like Cuomo's persona is as creepy as his ideology ... just the opposite what OWE'Malley's Eddie Haskell-like smarmy image projects.

    See what "compromise" gets!!!!!
     

    ryan_j

    Ultimate Member
    Aug 6, 2013
    2,264
    Awful weather, crushing taxes, tyrannical liberal politics. Why would anyone want to stay? We can blame the liberal activists on the Supreme Court who decided Reynolds v. Sims for this.

    Upstate NY is in severe economic decline. Only NY City with all the hipsters is keeping the state afloat.
     

    NY Transplant

    Wabbit Season/Duck Season
    Apr 2, 2010
    2,810
    Westminster, MD
    Gov. Cuomo: Pro-life, pro-gun conservatives ‘have no place’ in New York
    Gov. Cuomo: Pro-life conservatives ‘have no place’ in New York



    I see quite a few (former) NY'ers posting here. Does anyone else sense a pronounced psychological projection on Cuomo's part ? Since when does moderate equate to caving on beliefs ? He certainly hasn't caved on his own.

    Besides, it seems like Cuomo's persona is as creepy as his ideology ... just the opposite of what OWE'Malley's Eddie Haskell-like smarmy image projects.

    I remember when his father, Mario was the governor of NY in the early 80's and he had a bit of a Napoleon complex then. The son is way worse than the father.
     

    EL1227

    R.I.P.
    Patriot Picket
    Nov 14, 2010
    20,274
    Glenn Beck NAILS him

    I remember when his father, Mario was the governor of NY in the early 80's and he had a bit of a Napoleon complex then. The son is way worse than the father.

    Glenn Beck’s Open Letter to Gov. Cuomo: Are We Welcome in New York?

    But if we are not welcome, we will leave.

    To give you some background on who we are and what we believe, Mercury Radio Arts and TheBlaze Inc. is a multimedia news, opinion and entertainment company, dedicated to delivering high-quality programming 24 hours a day, 7 days a week. Through our Mercury One non-profit organization, we have also raised and given away for emergency relief over $14 million since its inception.

    We were the first responders to Coney Island during Superstorm Sandy, not the federal government and not the state government, but Mercury One. We are good neighbors. We employ approximately 200 people in the State of New York and well over 300 people nationally from Washington D.C. to Dallas, Texas.

    :sign01:

    We don’t see things as left and right. We see things as right and wrong.

    But Gov. Cuomo, it’s not us that you should worry about, because as we have seen, every time this kind of speech is taken up by those in power, eventually history demands an answer.
     

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