What are the legal and constitutional vulnerabilities of the NY Law?

[Maestro Pistolero]

I am interested to know what the legal minds here believe are the vulnerabilities, if any, of the AWB, the mag ban, and the 7-round magazine limit.

How applicable is Heller's common use test? If a 7-limit were constitutional, why not a 3 round limit? A single-shot only law? Wherever the line in the sand, it sure seems to me like this law has found it.

Please folks, there are ample threads for handwringing over this nonsense, let's make this one about avenues for challenges.

 

[esqappellate]

I am interested to know what the legal minds here believe are the vulnerabilities, if any, of the AWB, the mag ban, and the 7-round magazine limit.

How applicable is Heller's common use test? If a 7-limit were constitutional, why not a 3 round limit? A single-shot only law? Wherever the line in the sand, it sure seems to me like this law has found it.

Please folks, there are ample threads for handwringing over this nonsense, let's make this one about avenues for challenges.

See DC Circuit's decision in Heller 2

 

[Maestro Pistolero]

Has the fat lady sung in Heller ll, or is this still in play?

 

[teratos]

Has the fat lady sung in Heller ll, or is this still in play?

See that woman over there in line at the buffet? She's not sure what time the show starts.

 

[press1280]

Has the fat lady sung in Heller ll, or is this still in play?

Remanded back to District to re-examine aspects of the registration.

This NY law seems highly vulnerable to me. 7 rounds puts it in a class by itself. Add in the fact very few guns are even made with that capacity and it's ripe for challenge. However I don't know if any court challenges will be launched until SCOTUS has ruled again(on a carry case presumably). Hopefully the court can stop with the wishy washy language and make it clear the 2A won't simply be confined to the holdings of Heller.

 

[hvymax]

Remanded back to District to re-examine aspects of the registration.

This NY law seems highly vulnerable to me. 7 rounds puts it in a class by itself. Add in the fact very few guns are even made with that capacity and it's ripe for challenge. However I don't know if any court challenges will be launched until SCOTUS has ruled again(on a carry case presumably). Hopefully the court can stop with the wishy washy language and make it clear the 2A won't simply be confined to the holdings of Heller.

But they never will. They are incapable of making a decision clearer than depleted uranium because that would not keep lawyers busy for decades billing clients.

 

[Inigoes]

All the current push for new gun laws, is because the nationwide "outside the home" ruling is here (see Moore).

The progressive anti's are trying to get as many laws on the books, while they can

 

[gungate]

By the time anything hits the SC it will be a majority Liberal judges (MARK my words). Remember, Heller was 5 to 4 - barely a victory. The next will be 4 to 5 against on ANY gun control. Congress is to blame for confirming those 2 fat ass nasty hoe-bag liberal tools. Just proof that ALL of them are against the US. They have broken their promise to uphold the Constitution.

 

[ken792]

Let's not forget that the NY law was signed before the end of the three day public review period that is mandated by their state constitution.

 

[pilotguy]

There is also one district where the state representative seat is vacant and a replacement has not been selected, and so I wonder if there can be a challenge due to the fact that some residents were unrepresented in the vote.

 

[mopar92]

I predict a lot of 1911s being sold in NY.

 

[DOM]

Let's not forget that the NY law was signed before the end of the three day public review period that is mandated by their state constitution.

This is what I'm hoping gets it killed. They rammed it through with zero public input under the guise of it being an emergency. It may be struck down for that reason alone, without comment on the subject of the law. I really hope it doesn't stand because think of the crap they can pass with zero public review.

 

[esqappellate]

Remanded back to District to re-examine aspects of the registration.

This NY law seems highly vulnerable to me. 7 rounds puts it in a class by itself. Add in the fact very few guns are even made with that capacity and it's ripe for challenge. However I don't know if any court challenges will be launched until SCOTUS has ruled again(on a carry case presumably). Hopefully the court can stop with the wishy washy language and make it clear the 2A won't simply be confined to the holdings of Heller.

I agree that the 7 round max is open to challenge. Save for the 1911 it is very hard to find a semi auto pistol that comes with a 7 round mag. Heck, my 1911 Colt 1911 A1 came with an 8 round mag (although you can get 7 round mags, I guess) . The effect is to ban a lot of common use handguns, and that burden on the 2A right to purchase a handgun makes it open to challenge. Indeed, because it could be used in the home in NY (the only place you can have a handgun in NY), the limit on the type of common use pistols should be open to a strict scrutiny challenge.

 

[bobnieder]

Well . . . I just bought a seven round semi-auto (not for NY use), a .40 Shield, and there are number of subcompacts and single stacks in that neighborhood. Not that I think that this in any way legitimizes an arbitrary cap on ammo capacity. It's wrong, pure and simple, and needs to be fought and defeated. And I think it can be defeated.

 

[clandestine]

SCOTUS has no problem making Abortion Legal with one Ruling of "Privacy" that is not even spelled out explicitly in the COTUS, but it takes the assholes multiple rulings to define the 2A.

Bunch of worthless turds!

 

[Maestro Pistolero]

SCOTUS has no problem making Abortion Legal with one Ruling of "Privacy" that is not even spelled out explicitly in the COTUS, but it takes the assholes multiple rulings to define the 2A.

Bunch of worthless turds!

Where do you see the law being vulnerable to a challenge?

 

[Maestro Pistolero]

I agree that the 7 round max is open to challenge. Save for the 1911 it is very hard to find a semi auto pistol that comes with a 7 round mag. Heck, my 1911 Colt 1911 A1 came with an 8 round mag (although you can get 7 round mags, I guess) . The effect is to ban a lot of common use handguns, and that burden on the 2A right to purchase a handgun makes it open to challenge. Indeed, because it could be used in the home in NY (the only place you can have a handgun in NY), the limit on the type of common use pistols should be open to a strict scrutiny challenge.

Glad to hear my thinking is aligned with yours on this. They may have done us an inadvertent favor in their overreach. I have often thought that if legislatures must pass something stupid, let it be so stupid and so sweeping that it gives cover to the courts who must strike it.

 

[balext]

Wouldn't it effectively ban most semi autos because no one makes 7 round mags for say, sig 226,229,228, or Glock 17,19,22,23, S&W m&p 9,40,45.
Guns are no good with out a mag.
That to me would be grounds to overturn.

 

[Maestro Pistolero]

Wouldn't it effectively ban most semi autos because no one makes 7 round mags for say, sig 226,229,228, or Glock 17,19,22,23, S&W m&p 9,40,45.
Guns are no good with out a mag.
That to me would be grounds to overturn.

Very good point. And I hope NO ONE starts making those mags, giving NY state the legal footing to defend this POS. I feel bad for New Yorkers. Hopefully this will be the wake up call to the electorate that's needed. Heads need to roll in the next election.