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Federal Court Voids 7-Round Mag Limit of NY’s SAFE Act, Allows Rest
Legal Insurrection ^ | December 31, 2013 | Andrew Branca

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 NY’s SAFE Act–passed only one month after the Sandy Hook elementary school shooting–do 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-defense–as well as for police and military use–the 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 officer’s 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!


TOPICS: Constitution/Conservatism; Culture/Society; Government; US: New York
KEYWORDS: banglist; cuomo; judiciary; newyork
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To: trisham

Not all of them, just the conservatives. I asked the question here, not at DU or Daily Kos.


41 posted on 01/01/2014 4:27:49 PM PST by 2ndDivisionVet (A courageous man finds a way, an ordinary man finds an excuse.)
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To: Hot Tabasco

What makes you think the job would end in 6 months? What’s with all the pessimism here?


42 posted on 01/01/2014 4:29:21 PM PST by 2ndDivisionVet (A courageous man finds a way, an ordinary man finds an excuse.)
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To: 2ndDivisionVet

Even if it were just the conservatives...I’m not trying to attack you, Friend.


43 posted on 01/01/2014 4:34:57 PM PST by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: trisham

I read once that there’s enough room in Texas for everybody on Earth to have a couple of acres.


44 posted on 01/01/2014 4:36:21 PM PST by 2ndDivisionVet (A courageous man finds a way, an ordinary man finds an excuse.)
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To: 2ndDivisionVet
What makes you think the job would end in 6 months?

What's the guarantee that it wouldn't?

I have an elderly friend in Michigan who almost made the mistake of moving to NC after being offered a job with a company he was contracting with. Once the contract ended, he was offered the job and turned it down and returned to Michigan. A few months later that very company tanked and was forced to lay of over half of its engineering staff..........

He had already sold his home in an upscale neighborhood in Shelby Twp. and moved to Warren in order to be able to afford the mortgage and pay for his apartment in NC.......

45 posted on 01/01/2014 4:37:08 PM PST by Hot Tabasco (Miss Muffit suffered from arachnophobia.....)
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To: 2ndDivisionVet

What do you think it would do to the job market?


46 posted on 01/01/2014 4:39:35 PM PST by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: trisham
Hard to say. That many people moving here en masse would create many jobs in construction, retail, manufacturing, service industries, restaurants, storage facilities, etc., etc. And we have many jobs that are unfilled right now. And not just flipping hamburgers and sweeping floors. Plus, many of those people would start businesses and therefore employ others.
47 posted on 01/01/2014 4:46:52 PM PST by 2ndDivisionVet (A courageous man finds a way, an ordinary man finds an excuse.)
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To: 2ndDivisionVet

I think you are an optimist. It would be chaos. Not everyone who moved there would be able to find work, and many would find that due to the competition, they would not be able to find work that would be comparable in pay to what they had left behind. Do you really want that? Why not support your fellow conservatives where they are? Do you truly want to sacrifice the rest of this wonderful country to the Left?


48 posted on 01/01/2014 4:52:09 PM PST by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: 2ndDivisionVet

Why does most everyone assume that folks should or want to move to Texas? Why is it always about Texas?

There are good things about Texas just as there bad things and that can be said for any state.

I’ll go where the work is, but my family has a say in the matter as well...and if it turns out to be Texas, so be it.


49 posted on 01/01/2014 6:57:30 PM PST by SZonian (Throwing our allegiances to political parties in the long run gave away our liberty.)
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To: raybbr

Sir, I hear you but with all due respect, and as I always told my kids, “the EASY way is almost always the WRONG way”......

When Obama was elected originally I made the very hard decision to sell out all my real estate and MOVE. It took two years to liquidate but I received top dollar for everything. Like I said, selling out was very difficult but I’m glad I did.

Good luck to you.


50 posted on 01/01/2014 6:59:02 PM PST by Cen-Tejas (it's the debt bomb stupid!)
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To: SZonian

Yeah, I just committed FReeper “sacrilege”...I didn’t kiss Texas’s butt.


51 posted on 01/01/2014 7:00:01 PM PST by SZonian (Throwing our allegiances to political parties in the long run gave away our liberty.)
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To: SZonian

Because that’s where the jobs are. If there were millions of jobs in Alabama, Oklahoma or Indiana, those might be my example.


52 posted on 01/01/2014 7:10:01 PM PST by 2ndDivisionVet (A courageous man finds a way, an ordinary man finds an excuse.)
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To: trisham

I was a career counselor for almost two decades and found and/or assisted thousands of people to find good jobs. Anyone here who is thinking of moving because of the situation in their state or just needing help, feel free to FReepmail me. I’ve placed people from the factory floor to the boardroom and even overseas.


53 posted on 01/01/2014 7:13:48 PM PST by 2ndDivisionVet (A courageous man finds a way, an ordinary man finds an excuse.)
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To: 2ndDivisionVet

I’ll keep you in mind because I really am considering a move...tough to give up 10 years with good pay and bennies from my current company though. Company sponsored retirement plan, 401k, stock options with company match, dental, vision, medical if I wanted it...paid vacation, etc.

Truth be told, I’m waiting for someone at the Texas location to retire so that a position would hopefully open up for me there...but one can only wait so long.

Just this side of 50, no pedigree (Degree) but in a job that uses my past military experience, security clearances and certifications as justification for my position in lieu of the degree.

Tough to find something on the outside that doesn’t want/require at least a Bachelor’s.

But the really tough thing is that the much better half of me has repeatedly said she doesn’t want Texas...sigh.


54 posted on 01/01/2014 7:22:34 PM PST by SZonian (Throwing our allegiances to political parties in the long run gave away our liberty.)
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To: SZonian

What are the objections to Texas?


55 posted on 01/01/2014 7:24:24 PM PST by 2ndDivisionVet (A courageous man finds a way, an ordinary man finds an excuse.)
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To: 2ndDivisionVet

You ain’t gonna believe this...

...weather.


56 posted on 01/01/2014 7:29:57 PM PST by SZonian (Throwing our allegiances to political parties in the long run gave away our liberty.)
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To: SZonian

Too hot, you mean? Because EVERYTHING here is air conditioned.


57 posted on 01/01/2014 7:45:25 PM PST by 2ndDivisionVet (A courageous man finds a way, an ordinary man finds an excuse.)
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To: Antihero101607
Almost no semi autos have 7 round mags available? What about smaller .380s like the PPK, or the Sig 232, some Kel Tec pistols, and the like?

Pocket guns are the exception, and while they have their uses, they are not as accurate/potent as their larger brothers and sisters.

Not sure why the author used the 1911 reference in that way, but it doesn't negate the gist of the story. My 1911 was made in 1914 at the Springfield Armory - still a sweet shooter and may have earned some fame in WWII (but I doubt it).

58 posted on 01/02/2014 3:45:25 AM PST by trebb (Where in the the hell has my country gone?)
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To: 2ndDivisionVet

Thanks, but we’re doing just fine here. I love New England.


59 posted on 01/02/2014 7:52:57 AM PST by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: 2ndDivisionVet

Heat, humidity, tornadoes, hail, hurricanes, snow storms, floods...uhm, what’s left? We’ll trade high winds with blowing sand and monsoonal season storms for all the above...I don’t mind a good rainstorm now and then, I do miss the clean smell after a good rain...

I’ve lived in the desert so long that I don’t know if I could make it in a high humidity area any more and I grew up in Central America, the tropics...all kidding aside,

I’m sure she’d move if our livelihood depended on it, she’s a [retired] military wife, she knows what it’s about.

I guess the upside is, if we could sell our house, we’d sell at a loss and at least could possibly claim a capital loss on our taxes...a few less dollars in California’s and Uncle’s pocket.


60 posted on 01/02/2014 8:17:14 AM PST by SZonian (Throwing our allegiances to political parties in the long run gave away our liberty.)
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