Posted on 03/01/2013 11:38:53 AM PST by EXCH54FE
Do New York Gov. Andrew Cuomo’s new draconian gun laws pass constitutional muster?
This is a question to be debated in the state Supreme Court following a lawsuit that was filed by Buffalo-based attorney James Tresmond.
In the lawsuit, Tresmond challenges the constitutionality of the NY SAFE Act on the grounds that it violates not one’s Second Amendment rights, but one’s Fifth and Fourteenth Amendment protections against government seizure of private property without “due process and just compensation.”
In an interview with the Utica Observer-Dispatch, Tresmond explained how his two plaintiffs, both gun owners who possess ‘assault’ weapons and ‘high’-capacity magazines will be forced to forfeit their property when the new laws take effect.
The plaintiffs “have several firearms that fall under this category … and they have money invested in these firearms and they’re really upset about it,” Tresmond told the Utica OD.
“If you can take somebody’s $20,000 gun or firearm without any compensation whatsoever, that’s criminal,” Tresmond added, noting that the case may be on its way to becoming a class action lawsuit.
(Excerpt) Read more at guns.com ...
“NY State Supreme Court: Gov. Cuomo Must Prove New Gun Laws are Constitutional”
Yeh, right. Let’s see the neo-Nazi pig Cuomo declare that it’s constitutional to send armed government goons to your house and kill you if you don’t surrender your constitutional right to bear arms.
The time of law has passed.
If you purchased it when it was legal you committed no crime but the new law would automatically make you a criminal. An ex post facto law is one that takes effect before it is passed, a retroactive law. What if the change wasn’t made public, as is often done in third world countries? You could “disappear” in the night and never be seen again. It happens.
Eminent domain is the taking of private property for public use (screw what SCOTUS did in Connecticut) and you must be fairly compensated. But even if ‘for the public good’ qualified, you still are not a criminal and must be compensated, else the government is the criminal, guilty of theft.
Why do we put up with this? We number over three hundred million and yet we allow a handful of legislators and congressmen to bring us to our knees. It has to stop and I, for one, am ready to fight.
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