Posted on 03/01/2013 11:38:53 AM PST by EXCH54FE
Do New York Gov. Andrew Cuomos 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 ones Second Amendment rights, but ones 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 theyre really upset about it, Tresmond told the Utica OD.
If you can take somebodys $20,000 gun or firearm without any compensation whatsoever, thats criminal, Tresmond added, noting that the case may be on its way to becoming a class action lawsuit.
(Excerpt) Read more at guns.com ...
Just FYI, while this is good news, in NYS, “Supreme Court” is not the high court of the state. It is the level where things like civil suits, divorces and criminal trials are handled. The Court of Appeals is the high court and there are two levels between that court and Supreme Court.
I’m actually afraid for the results of this. Eminent domain has been upheld in recent legal jurisprudence, and I’m concerned that they’ll contort it to mean that since those weapons are considered illegal under the law, they can be confiscated not as personal property but as contraband. They did it in New Orleans.
Good information, thanks
Hope this type of law/action does not come to TN
MOLON LABE
The Governor actually doesn’t have to “prove” that the law is constitutional; the burden of proof is on the challengers. The term “order to show cause” is just a procedural mechanism under New York law to bring a case on for a speedy hearing, shortening the usual deadlines.
While the law is reprehensible it does not call for confiscation of semi auto rifles and high capacity mags. It calls for registration of these weapons and mags. I don’t see how this translates into confiscation. The law should be challenged on the basis of “not be infringed” not some non existent confiscation meme.
“they can be confiscated not as personal property but as contraband”
Not if the courts find that the NY law is unconstitutional!
“While the law is reprehensible it does not call for confiscation of semi auto rifles and high capacity mags. It calls for registration of these weapons and mags.”
It bans the magazines that were previously legal to own. They must be removed from the state or permanently altered or you are felon.
” It calls for registration of these weapons and mags”
Nope. No registration for Mags.
If they are in your possession you are a felon. And according to NY State law a worse felon than a kiddie diddler.
This law must be dumped. It won’t be unless a court says so.
The best we can do for now is simply refuse to comply - en mass.
” It calls for registration of these weapons and mags”
Nope. No registration for Mags.
If they are in your possession you are a felon. And according to NY State law a worse felon than a kiddie diddler.
This law must be dumped. It won’t be unless a court says so.
The best we can do for now is simply refuse to comply - en mass.
The obvious answer is “of course he’ll say it is.”
Long answer will be written in obtuse legalese that means “If it wasn’t constitutional we couldn’t have passed it.”
But the law itself reads that possessing a firearm is illegal.
Sooooo, this will be an interesting exercise in recto cranial contorionism the likes of which has not been seen outside a circus tent.
If you watch the video the pics of the gun rally/protest is the one we put together in Buffalo Jan 19th. Over 3200 people came out on a cold winters day.
The anchorman is Scott Levin a friend of mine.
One of the judges Debra Chimes is a friend too.
Right now we have 33 counties on board passing a bill for Albany to repeal the Bill with 17 more in the works.
I will post the image in a minute.
Rotsa Ruck, Cuomo, you fascist t*rd.
Your “regulations” are history.
Your map shows again that people crowded into big cities ,or those who choose to live in big cities, tend to become insane and vote for fantasy over reality.
We got it to pass in Erie County by 2 dem votes when Cuomo and Schumer were in town. So it proved things can be done. Cuomo is pissed that it happened but oh well, he’s a punk and we slapped him while he was here.
The 2nd Amendment seems to have woken people up here and it’s about time. It crosses party lines and what is happening is proving that democrats are against the 2nd unless we force them to vote.
Yesterday there was 12,000 plus in Albany protesting. Cuomo high tailed it out of town and hid out in NY City so he could be close to his own kind.
Second amendment says keep.
KEEP!!!!
NO SURRENDER!!!
“...those weapons are considered illegal under the law...”
Wouldn’t that then be an ex post facto law? That’s also not constitutional.
No, an ex post facto law would be one that said that if you possessed it before the law passed,you are guilty of a crime.
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