Skip to comments.DC v. Heller Attorney: NY Gun Law “Clearly Unconstitutional”
Posted on 01/31/2013 7:59:51 PM PST by Olog-hai
Attorney Alan Gura, who successfully represented plaintiff Dick Heller in the Supreme Court case DC v Heller, which struck down a ban on handguns as unconstitutional, said the new gun control law in New York signed by Democratic Gov. Andrew Cuomo is clearly unconstitutional.
Speaking at a discussion on Jan. 29 at Cornell University Law School, Gura specifically mentioned the laws seven-round bullet limit for gun magazines as unconstitutional.
Gura added that plaintiff Dick Hellers gunwhich was illegal under the unconstitutional handgun ban in the District of Columbiawould also have been illegal under the New York law because of the guns amount of rounds.
(Excerpt) Read more at cnsnews.com ...
If limiting to 7 rounds is unconstitutional, based on handguns in common use having more, then a 10 round limit would be unconstitutional also.
How many AR’s commonly have 20+ round mags?
The Libs, and to a great extent, politicians who are more than happy with the status quo, feel they can pass anything they want, Constitution be da**ed. I’m convinced their thinking is “try and stop us”.
Of course it’s unconstutional....that’s a no brainer. ALL gun control laws
are unconstitutional. Problem is that if the law is overturned that ruling will
be appealed by the state of NY till they get a ruling in their favor. If necessary they will go to the SCOTUS and while Heller vs DC does state that 2A is an individual right it also states it can be “regulated” That statement essentially grants the government carte blanche to impose gun control.
As long as they allow citizens to own some type of weapon even if the acquisition of that weapon is extremely difficult then all is OK in the la la land of jurisprudence. The federal court system was one of the very first
institutions infiltrated and seized by the marxists. Freedom and rights will
find few friends sitting on the bench these days.
AR15’s and M16’s were originally issued with 20 round magazines. 30 rounders have been “standard” capacity for a long time.
The M16 footnote in Heller is, methinks, widely misunderstood. It opined that if M16s may be prohibited, then the militia clause is severed from the 2ndA rendering that verbiage meaningless; since one presumes the Founding Fathers did not include meaningless verbiage, then M16s must be legal. Seems the author was all but saying “bring on a case overturning 922(o) already, it’s a slam dunk”.
“and while Heller vs DC does state that 2A is an individual right it also states it can be regulated
Heller stated that only firearms that are “unusual and dangerous” can be banned and that handguns don’t meet that standard. That would suggest that “dangerous” means the weapon in itself is so indiscriminate in nature that its mere existence and use would threatens the lives and rights of others. It’s doubtful that any firearm meets that standard unless one was invented that randomly fires on its own without human intervention and sprays bullets all over town with no means of controlling it. Or, if someone possessed a biological weapon for example that might leak and wipe out the whole town. So the NY gun grabbers shouldn’t count on Heller to back up their over-reaching legislation.
If Alan Gura got 922(o) ruled unconstitutional, I’d be pretty busy with the Form1s and scribbling out $200 checks to the US Treasury for the following few days. When the stamps finally came back, there’d be some drilling, milling, grinding, and tig welding taking place in the old garage.
You can come over if you like. I got nothing but miles and miles of hilltop desert behind the house where we can test the results.
Those didn’t invalidate 922(o), they ruled people couldn’t be punished for not registering under NFA when BATFE refused to accept registration under NFA because 922(o) prohibited possession.