Hey Rochester- just heard megan kelley on fox talkign abotu hte secodn amendment and statign that kkkuomo is doign nothign unconstitutional because ‘The constitution allows regulation of guns’ (I hadn’t realized that was an amendment i nthe constitution)- If thsi is the case, then the lawyer you spoke to I beleive is wrogn abotu havign a strong case (Note, I’m certaionly no lawyer, and am just looking at this through the goggles of what info is available to me- perhaps he knows soemthign I dont)
IF an amendment gives governments the right to regualte guns and ammo, then nothign i nthe cosntitution prevents them from regulating it so severely that it is impossibel to own one- technically, they won’t be ‘banning guns’ nor ‘confiscatign them WITHOUT DUE CAUSE’ (accordign to their warped reasoning that is) ,and so they get to technically say “We didn’t violate the constitution, and are fully within our riughts takign guns from homes where we perceive the guns to be a threat in the hands of unstable owners”
Previously owned property CAN be taken away- Hell, even a couple’s children can be taken away which are far more important and personal than guns
I hope your lawyer knows somethign I don’t, but it’s looking like kkkuomo can’t be touched i nthe court of law because technically he isn’t doing anythign unconstitutional-
There’s a tiem for law, and then there’s a tiem for action (I’m talking non vilolent but effective action liek organized civil disobedience- which actually would be disobedience, but rather woudl properly be called be prudent and responsible business descisions- liek withholdign payment ot the gvoernemt for FAILURE to listen to the people, for abuse of power, abuse of priveilege by declarign emercgencies hwere there ARE NO emergencies just for the sake of ramming bills through without public input or consent=-)
antoehr effective non violent means could be if enough peopel who wanted and can affor,d and those who already own, band togehter and colelctively REFUSE to participate in mandated mental health evaluations, and IF they REFUSED to register their guns as a collective and powerful whole
I’m just afraid that actiosn like or similar to these may be the only choice left IF NY’ers wish to keep thjeir guns AND keep their cosntitutional rights without undue and overly burdensome regulatiosn beign placed on them just for ownign guns-
Years ago the fed gov tried to enact an intrusive and unpopular law, and many states banded together and told the govenrment “Nope- NOT on our watch you don’t” and hte government knew they meant it, and was forced to back down- IF NY’er wish to keep their freedoms and thjeir guns (AND IF they want to throw out assinine laws that haven’t worked but have just made it harder for law abidign citizens to own guns, and IF they wish to do away with ‘gun free zones’ that put EVERYONE at risk and at the mercy of gun totin criminals who IGNORE the gun free zone qwarnings- now woudl be their chance to get thsi ALL doen in one fell swoop- but it wil ltake a massive effort that is far more effective than lawsuits which might only just temporarily halt the bills for a short time- Action By The People will be a lastign and powerful message that we the peopel are fed up with how elitist politicians are running our lives when they were hired to SERVE US-
http://www.buffalonews.com/apps/pbcs.dll/article?AID=/20130117/CITYANDREGION/130119276/1002A Hamburg attorney is part of a group of lawyers across New York State that is preparing a lawsuit to fight Gov. Andrew M. Cuomo’s new gun control laws.
Jim Tresmond said the coalition of attorneys is targeting how the just-passed SAFE Act violates the Fifth Amendment, which protects against abuse of government authority in a legal procedure.
The government, Tresmond said, “is restricted from taking anything without due process or without just compensation for what is being taken.”
Megan Kelley is no legal expert and Tresmond is approaching this lawsuit from a Fifth Amendment perspective:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.[1]