Constitutional Analysis of the Cuomo Gun Ban

Stop Wasting Money ^ | 1/15/2013 | Warren Redlich

[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.

[Nervous Tick]

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

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

[Blood of Tyrants]

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

[rolling_stone]

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,

[RochesterNYconservative]

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

GOVERNOR CUOMO IS AN ARROGANT LITTLE WOP!

[wredlich]

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.

[wredlich]

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