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Constitutional Analysis of the Cuomo Gun Ban
Stop Wasting Money ^ | 1/15/2013 | Warren Redlich

Posted on 01/16/2013 5:47:10 AM PST by wredlich

NY Governor Andrew Cuomo's so-called SAFE Act (Secure Ammunition and Firearms Enforcement Act) is unconstitutional.

The law explicitly goes after "military-style" firearms while purporting to protect hunting and sporting purposes. The Second Amendment is not about hunting and sporting uses of arms. Despite all the disputes about the phrasing, there can't be any question that it refers to "militia" and "the security of a free state." Neither of these has anything to do with hunting or sports.

The key language in the ban shows that the legislative intent is to discriminate against "military-style" features, and favoring (in a relative sense) hunting and sporting purposes.

When the Cuomo gun ban heads to SCOTUS (as the Supreme Court of the United States is sometimes known), the Court will have to first come to grips with the purpose of the Second Amendment. While the only sensible reading is that in includes military arms, we can't count on the Court being sensible. With anemic conservatives like Kennedy and Roberts on the bench, we could end up with a ruling that leaves no purpose at all.

This would bring us to the next step - scrutiny of the challenged law. It seems likely that SCOTUS will retain the notion that there is still an individual right to keep and bear arms. Being a fundamental right, the Court will likely apply strict scrutiny: Asking whether the law narrowly tailored to a compelling state interest.

(Excerpt) Read more at wredlich.com ...


TOPICS: Editorial; US: New York
KEYWORDS: 2ndamendment; banglist; constitution; constitutionguns; cuomo; guncontrol; newyork; secondamendment
A short review of the central constitutional issues regarding the Cuomo Gun Ban, excerpted from a more comprehensive review on the Albany Lawyer blog.
1 posted on 01/16/2013 5:47:17 AM PST by wredlich
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To: wredlich

http://www.constitution.org/rc/rat_decl-ny.htm


2 posted on 01/16/2013 5:49:35 AM PST by Sacajaweau
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To: wredlich

wish someone would do an extensive background check on little Cuomo. Someone ask him how he almost broke his *** in the basement of a butcher shop.... (only old time retired detectives can tell you that story)


3 posted on 01/16/2013 5:52:08 AM PST by Doogle (USAF.68-73..8th TFW Ubon Thailand..never store a threat you should have eliminated))
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To: wredlich

Scalia, one of the more conservative minds on the court, is on record (D.C. gun ban challenge case) as saying that there can be constraints on the 2nd Amendment.


4 posted on 01/16/2013 5:53:55 AM PST by randita
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To: wredlich
Cuomo, a guy with a serious negative track record regarding keeping his britches zipped, seeks to counsel everybody else about morality.

When it comes to this tom fool there is no high ground.

5 posted on 01/16/2013 5:54:08 AM PST by muawiyah
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To: wredlich

Are the leftists pretending that the Second Amendment is about recreation - hunting and punching holes in targets? If it’s about hobbies, why was the Bill of Rights not written to also protect the right of the people to keep and bear golf clubs (invented in the 1500s) and dice (prehistoric).


6 posted on 01/16/2013 5:56:13 AM PST by Pollster1
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To: wredlich
The law explicitly goes after “military-style” firearms...

What I find interesting and comical about this whole thing from a constitutional perspective is that at the time it was penned ALL firearms were “military style”. That is the culture within which the second amendment was penned.

7 posted on 01/16/2013 5:57:22 AM PST by cuban leaf (Were doomed! Details at eleven.)
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To: wredlich

Not that I am intending to bash NY, but it seems to me that they have a distinct history of going the other way, and I just can’t understand why the people in that state put up with thier elected officials nonsense...

Maybe they just don’t know, or they do not care, they are too emotional, too bedraggled...I dunno...

But since the beginning of this representative republic they have obfuscated, delayed, vacilated ovre almost every major issue, starting with their abstaining from even a declaration of independence which was so well debated and politically maneuvered to allow the original states to ALL in on this deal...Where NY made themselves feel like they were still in the “group”, but we’ll have this “ace” in the hole, just in case it doesn’t go well...

I say that was a cowardly act that began such a cowardly trend since...

There are certainly good and patriotic people still living there, but I cannot understand why it has gotten this bad??? I have an idea, but I figure I have inflamed the psychy of these folks enough today...

The Fabians have certainly taken over your state...They are going for the gold this morning here in a few hours...

Most of us are going to fight...Not abstain...

Just my opinion...


8 posted on 01/16/2013 6:00:16 AM PST by stevie_d_64 (It's not the color of one's skin that offends people...it's how thin it is.)
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To: Doogle

>> Someone ask him how he almost broke his *** in the basement of a butcher shop....

Poor buffoon! I bet he was so embarrassed that he just grabbed his meat and beat it.


9 posted on 01/16/2013 6:05:19 AM PST by Nervous Tick (Without GOD, men get what they deserve.)
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To: wredlich

Even if it doesn’t survive scrutiny, by the time it struck down, it will have cost taxpayers a fortune. Of course breaking the country is on the liberals list of things to do today, so I guess it’s win-win for them.


10 posted on 01/16/2013 6:16:28 AM PST by Quickgun (I got here kicking,screaming and covered in someone else's blood. I can go out that way if I have to)
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To: Nervous Tick
I'm going to send you a bill for a replacement keyboard!!Coffee with cream and sugar ruins them everytime!!!☺
11 posted on 01/16/2013 6:20:59 AM PST by Quickgun (I got here kicking,screaming and covered in someone else's blood. I can go out that way if I have to)
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To: Pollster1; xzins

The Constitution does not protect anyone’s right to hunt animals.

There is no unalienable right to kill animals for food or sport with a gun. Congress could outlaw the use of guns for hunting on Federal lands tomorrow and it would be constitutional. States could outlaw the use of guns for hunting in their states and it would likewise be constitutional.

The right to bear arms has nothing to do with hunting.

The second amendment was designed to put the fear of God into petty Tyrants and criminals like Obama and Cuomo. No wonder they are so bent on taking them away from everyone.


12 posted on 01/16/2013 6:20:59 AM PST by P-Marlowe (There can be no Victory without a fight and no battle without wounds.)
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To: wredlich

“The key language in the ban shows that the legislative intent is to discriminate against “military-style” features, and favoring (in a relative sense) hunting and sporting purposes.”

The Supreme Court already did this, that is why short barreled shotguns are not legal to own without a stamp. The AK and AR are common military platforms of our day.

United States v. Miller (1939)

That New York law is unconstitutional.


13 posted on 01/16/2013 6:30:28 AM PST by Azeem (There are four boxes to be used in the defense of liberty: soap, ballot, jury and ammo.)
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To: stevie_d_64

gerrymandered cities is the answer to your question - excepting cities, the state is largely red - much like the Country


14 posted on 01/16/2013 6:44:11 AM PST by Revelation 911 (hump scratching n'er do well.....all strung out on chicken wings and venison jerky)
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To: wredlich

In an odd parallel to the old “divine right of kings” (to RULE not GOVERN)… Andrew the Pious and the liberals have declared “We don’t need no stinkin’ Constitution”!!! Obama soon to follow! If allowed (by we the people) to get away with this... the last 237 years have been a farce!


15 posted on 01/16/2013 6:45:24 AM PST by FiddlePig
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To: randita

“Scalia, one of the more conservative minds on the court, is on record (D.C. gun ban challenge case) as saying that there can be constraints on the 2nd Amendment.”

I think what Scalia was saying regarding limitations on the 2A is that the US military has tanks planes and artillery and the 2nd doesnt cover weapons like that.


16 posted on 01/16/2013 6:46:25 AM PST by Brooklyn Attitude (Obama being re-elected is the political equivalent of OJ being found not guilty.)
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To: P-Marlowe; Pollster1; jazusamo
The Constitution does not protect anyone’s right to hunt animals.

Ahh, yesssirreeebob, the ole "right to eat meat" that comes from the time of King John and Robin Hood.

Feasting on the king's venison.

That's why they were hiding in Sherwood. They were standing up for the right to hang antlers in their man den and have deer jerky as a snack.

17 posted on 01/16/2013 7:14:46 AM PST by xzins (Retired Army Chaplain and Proud of It! True supporters of our troops pray for their victory!)
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To: Brooklyn Attitude

His understanding is incorrect. Historically, before a standing amry et al, owning artillery pieces (for those who could afford them) wasn’t uncommon. The base level was every man owned at least one long gun w/ the means to feed and care for it.


18 posted on 01/16/2013 7:19:22 AM PST by 556x45
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To: muawiyah

19 posted on 01/16/2013 7:19:36 AM PST by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: wredlich

I thought Andrew Cuomo was thinking about running for President?

Looks like he has decided to go back into the private sector.


20 posted on 01/16/2013 7:24:52 AM PST by buffaloguy
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To: Quickgun

>> Coffee with cream and sugar ruins them everytime!!!

That’s why I take mine black while surfing here. :-)


21 posted on 01/16/2013 7:30:22 AM PST by Nervous Tick (Without GOD, men get what they deserve.)
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To: wredlich

For all the talk by Fienswine and Schumer, neither of them has introduced any bills regarding anything, much less gun control.


22 posted on 01/16/2013 7:45:46 AM PST by Blood of Tyrants (The only thing that Hollywood gets right about guns is that criminals will always get them.)
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To: wredlich
ak’s and ar’s are ubiquitous there are millions in use...they are not uunusual or particularly dangerous. they are being discriminated against based on appearance. dems are racists against black rifles. if the police have them i should be able to have them. they cannot prove the need for these bans based on statistics...its all about control not safety its a disgrace,
23 posted on 01/16/2013 8:41:36 AM PST by rolling_stone
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To: Sacajaweau

I am 1/2 Italian so I can say this...

GOVERNOR CUOMO IS AN ARROGANT LITTLE WOP!


24 posted on 01/16/2013 8:50:28 AM PST by RochesterNYconservative (I voted for Romney...why did you stay home and let Obozo win?)
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To: P-Marlowe

Actually, that’s dead-on the history of the right to bear arms in the English Bill of Rights. While the right was established to allow people to protect themselves and serve in the militia, they used Game Acts to ban certain things in the name of hunting regulations.


25 posted on 01/16/2013 7:16:41 PM PST by wredlich
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To: Azeem

Yes, what i posted here is an excerpt. Miller is discussed in the full post.


26 posted on 01/16/2013 7:16:56 PM PST by wredlich
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