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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: 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: 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: 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: 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: 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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