Posted on 01/01/2014 12:59:41 PM PST by 2ndDivisionVet
Federal District Court Judge William M. Skretny has found that most provisions of NYs SAFE Actpassed only one month after the Sandy Hook elementary school shootingdo not infringe the Second Amendment.
He did, however, find that the provision that limits magazine capacity to only seven rounds was unconstitutional under the Second Amendment.
This seemingly small win for gun owners is actually very important.
Almost no semi-automatic pistols have 7-round magazines available. Because semi-automatic pistols are the overwhelming preference for civilian self-defenseas well as for police and military usethe 7-round limit would have effectively banned the large majority of semi-automatic pistols on the market. (Technically, one could use a large capacity magazine and only load it to 7-rounds; if, that is, one were willing to risk a felony conviction based on a police officers honest ability to accurately count to seven. Not me, thanks.)
Ironically, one of the few semi-automatic pistols for which 7-round magazines are readily available is the model 1911, which most folks not familiar with guns will know as the Colt .45 pistol of WWII fame. Thus, this relatively lethal handgun firing the potent .45 ACP cartridge would have been granted preference over many handguns of lesser lethality.
Thus the tossing of the 7-round limit saves for law-abiding citizens the vast majority of contemporary handguns for their self-defense use.
Unfortunately, the remainder of the SAFE Acts egregious restrictions on the 2nd Amendment rights of law-abiding citizens were allowed to stand, including severe restrictions on so-called assault weapons, mandatory registration which can only serve the purpose of future confiscation of firearms possessed by law-abiding citizens (because criminals do not register their guns or otherwise obey gun laws), and so forth.
The full-length judicial opinion from Judge Skretny is available below.
Happy New Year!
You may think you are doing enough but you have already lost.
My wife was transferred and my income comes in no matter where I live. Had to find a decent place to live long-distance, but didn’t have to sell.
Will never move to Texas.
These judicial assaults on freedom and the Constitution will continue and expand. The communists in power are seating more and more criminals on the bench to rubber stamp there treason. It is now a rarity to read or hear of a judicial ruling that does not violatenthe Constitution. This will continue unabated till we start seeing news reports of black robed pirates found hanging from trees and lampposts at sunrise. The criminals in power fear nothing. It will require the deaths of many of them to instill the needed fear in them. Government officials MUST learn to fear the people rather than enjoy the power of causing citizens to fear government. One circumstance leads to freedom, the other is a symptom of tyranny.
Why is that?
Happy New Year, i'm out
Just bought a new Smith & Wesson Shield. 9mm.... came with 7 and 8 round clips.
I’ve moved plenty of times where there was no job waiting and a home had to be sold. Millions do it all the time.
So the elite NY lefties with semi-auto pistols (and security guards with semi-auto pistols) got their exception and what they wanted against the monitored, working class trash. We’re so surprised. Americans of all classes need to stand together on the Second Amendment, or everyone will be disarmed in the near future (especially the elite folks). If communism comes, it enters very violently with rule by scary men with no class.
Don’t leave out Colorado. This is not a rustic state run by old fashioned ranchers. The old fashioned ones have been cleaned out and driven out by big shots from the northeast and west coast.
Yes it is. Got it last month.
Being able, with effort, to identify one jurisdiction even less respectful of your rights than the one in which you live, is not the same as living in the heart of liberty.
Thanks... had seen several youtubes on it... but not this one. Like this guy....
Yeah. It’s hard to wrap my head around the fact that my countrymen are criminals for having an object that I own many of.
Just what do you think YOUR chances would be in finding a job cross country that may or may not last for more than 6 months?
You think it's that easy in just selling your home, likely for a loss, then purchasing a new one for your family in another state for a job that may or may not last?
OK, let's say you decide not to sell the house but rather leave the family behind and work in another state and commute back home when it's convenient while renting an apartment?
So now you not only have mortgage payments and support for your family back home but now you have to pay rent for your apartment in the new city that hosts your new job.........
How's that gonna work out for you?
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Let us suppose that all of the citizens of those states moved to Texas. What do you think would happen?
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