Posted on 07/01/2013 1:43:07 PM PDT by neverdem
The Empire State governor seeks dismissal of complaint filed by the state’s largest firearm association which alleges that the New York Secure Ammunition Firearms Enforcement Act of 2013 is unconstitutional.
“The state filed a motion for a preliminary injunction, a dismissal, and for summary judgment,” said Stephen P. Halbrook PhD, a Second Amendment legal scholar and lead counsel for plaintiff in the matter of New York State Rifle and Pistol Association, et al. v. Andrew M. Cuomo, Governor of the State of New York, et al.
As far as arguments in defense of the new law, he said the state’s 93-page response does not substantively say much. “I cannot predict the outcome, but we are confident in our arguments.”
When using the Heller test, the gun rights author said that law-abiding people, having firearms for lawful purposes are protected. “We can prove that the firearms banned in the law are commonly and lawfully possessed.”
In the 2008 District of Columbia v. Heller landmark case, the U.S. Supreme Court held that the Second Amendment to the U.S. Constitution protects an individual’s right to possess a firearm for traditionally lawful purposes.
The state’s motion says that assault weapons are unusually dangerous military-style firearms and are not in common use. It also alleges that New York’s bans on assault weapons do not even implicate plaintiffs’ Second Amendment rights, because such weapons are not within the scope of the Second Amendment.
Yet, the firearms that are banned in the law are mostly for common use such as hunting, sport, and self defense, said Halbrook whose work has been cited as an authority in numerous court cases. “Currently, the term assault weapon can mean anything the state legislature wants it to mean.”
The firearms that are being designated assault or military-type weapons have nothing to do with the original meaning, he said. “The main feature of a military-type weapon is a fully automatic that keeps firing.”
“None of the semi-automatic firearms banned do that,” he said. A semi-automatic firearm does not automatically fire an additional round until the trigger is released and re-pressed by the person firing the weapon.
“Features such as stock shape, pistol grip, and adjustable shoulder strap are not sufficient reasons for designating a firearm an assault weapon,” said Halbrook, who was the prevailing counselor in four reported cases before the U.S. Supreme Court.
“They are using the term as a propaganda tool,” he said.
“The state’s response is exactly what I expected,” said Thomas H. King, president of the New York State Rifle & Pistol Association. NYSRPA is the nation’s oldest firearms advocacy organization.
“It is a compilation of events and arguments made by anti-gunners over the past 15 years,” he said. “We have 30 days to respond.”
The lawsuit which is pending before Judge William M. Skretny in the U.S. District Court, Western District of New York, has a hearing scheduled for Aug. 23, he said.
“Ultimately, I believe we will be successful,” he said.
“We have very legitimate claims,” he said. “The SAFE Act was ill-conceived, and never researched or properly thought-out.”
“Any scholar can look at our issues, and see how significant they are,” said King, who is also a National Rifle Association board member.
“We are entering uncharted waters and a period of extreme danger,” said New York State Assemblyman William R. Nojay (R. – Pittsford), who is the sole assembly member to be named a plaintiff in the federal lawsuit.
The most offensive provisions of the SAFE Act are the registration requirements for currently owned firearms and the outright prohibition on new purchases of firearms incorrectly defined as assault weapons, he said. “Not since Prohibition has a law been passed which has so little prospect of being observed by ordinary citizens.”
Prohibition refers to the legal act of prohibiting the manufacture, transportation and sale of alcohol. In 1919 prohibition was instituted in the United States by and amendment to the Constitution and in 1933, the amendment was repealed.
The SAFE Act has created an unnecessary timeline toward confrontation between law enforcement and American citizens, said Nojay, an attorney and radio host. “It is tragic and will have consequences far beyond what those responsible for the law could have imagined.”
Registration is one step away from confiscation, he said. “Cuomo has already used the ‘c’ word in a radio interview when he said confiscation may be necessary some day.”
“Cuomo has tipped his hat to the long-term goals of the anti-Second Amendment crowd,” he said.
The worst part of the SAFE Act is that it will have no impact on preventing violent crime, nor will it alter the prospects of tragic occurrences such as in Aurora, Colo., or Newtown, Conn., he said.
Even the Obama administration said that the mental health provisions are so inherently flawed, it has refused to allow the Veterans Administration to comply, Nojay said. “When the president says we have gone too far with gun control, you would think the governor would listen.”
Cuomo doubling down on his unconstitutional and treasonous legislation.
In 1792 the most effective military weapons were absolutely in the lawful hands of private citizens. The Brown Bess, the Pennsylvania rifle, and others, including some land and naval ordnance were in private hands. In the period after the Civil War, and even before, weapons superior to those used by the military were widely owned. Think Winchester rifles. Anyone who has ever watched a western and knows a bit about history can make this part of Cuomo’s argument, that the 2nd amendment was not meant for military style rifles,disappear.
The Progressives are so afraid that the “commoners” will finally realize their place and plight and will rise up like the Egyptians .... but the Egyptians have no guns, which is exactly they way the Progressives want to keep it. The Progressives always cite that the “rule of law” should prevail regardless how badly they rig it and bastardize it.
so he gets to ram through an UNCONSTITUTIONAL LAW, then he gets to demand that noone challenge him legally? Did NY elect a freaking king or soemthing?
The average American citizen was better armed than the military up until 1956.
When the army used flintlock smooth bores, civilians had rifles.
When the army had a flintlock rifle, civilians had percussion cap rifles.
When the army adopted a percussion cap rifle, civilians had breech loaders.
When the army adopted a breech loader, civilians were using lever action rapid fire rifles, slide action rifles and bolt action rifles.
When the army adopted a bolt action rifle, civilians were using semi auto rifles and were experimenting with full auto rifles.
When the army adopted a clip fed semi auto, civilians were using box feed semi auto rifles.
When the army adopted a box magazine full auto rifle (M-14) civilians fell behind.
During all that time cops NEVER felt outgunned by civilians.
Now we hear “WE ARE OUTGUNNED!” all the time in attempts to remove what semi auto rifles we have from our possession.
The state of New York sounds awfull desperate to me.
You are right of course. If you watch the great Peckinpah flick Ride the High Country you will see Warren Oates shooting a Remington Model 8. The first mass produced semi auto rifle in 1906. It was widely available especially in the hunting 35 caliber. (Not to be confused as being larger than the 30 aught six)
Last time I checked, cops were civilians, and the 2nd amendment was intended to insure that we civilians always maintained the weapons necessary to counter an out of control imperial federal government.
I am no longer under the juris-my-dick-ion of Prince Andrew and his NYC cabal of communists.
I am now and have been ofr some time been soverign individual and and will not follow the laws that they think they make. Nor will will I accept the rulings of any judge who has been appointed by a democRAT
No, they elected an adulterous horsefaced moron.
No, they elected an adulterous horsefaced moron.
Won't make a whit of difference in the long run. Too many patriots backed up by a ton of special forces operators (former, retired or just trained that way) who understand the Doctrine of "Trade Up." If you have a knife or a rock you can GET a handgun or a rifle. If you have a rifle you can GET a mortar, crew served belt fed anything and from there, no limits. You can even begin with a single knife and use the WWII variant of the doctrine. One person get's their first weapon then hands the knife off to somebody else who then goes hunting for a rifle... Gradually you've equipped an army.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.