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Judge Shoots Hole in NY Safe Act
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Libertarian4life
January 1, 2014, 4:12pm Report to Moderator

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Judge upholds most of gun law
BY MICHAEL VIRTANEN The Associated Press
A federal judge upheld most of New York’s new gun control law on Tuesday, rejecting arguments that its bans on large-capacity magazines and the sale of some semi-automatic rifl es violate Second Amendment rights.
   Judge William Skretny in Buffalo concluded those provisions are constitutional because they’re related to achieving an “important governmental interest” in public safety. Those two features make guns more lethal, he wrote, citing testimony submitted in the case.
   The law “applies only to a subset of firearms with characteristics New York state has determined to be particularly dangerous and unnecessary for self-defense,” Skretny wrote. “It does not totally disarm New York’s citizens, and it does not meaningfully jeopardize their right to self-defense.”
   Skretny upheld the ban on magazines that hold more than 10 bullets, but he struck down a restriction on gun owners loading more than seven bullets in stilllegal 10-round magazines. He said that seven appears to be “an arbitrary number.”
   The seven-bullet limit, excluding shooting competitions or fi ring ranges, took effect last April 15. Dealers and gun owners argued that nobody made seven-round magazines and that the limit was awkward and intrusive.
   Appeals of different parts of Skretny’s ruling are possible by both the state’s attorneys and the law’s opponents.
   The law was adopted last January following the mass shooting at Sandy Hook Elementary School in Newtown, Conn., by a gunman police said used a semi-automatic rifle and 30-round magazines to kill 20 children and six adults.
   “Of course, this is only one incident,” Skretny wrote. “But it is nonetheless illustrative. Studies and data support New York’s view that assault weapons are often used to devastating effect in mass shootings.”
   He cited a study listing 62 mass shootings in the U.S. since 1982, involving the murders of four or more people, that concluded that assault weapons, high-capacity magazines or both were used in more than half of them.
   The New York affiliate of the National Rifl e Association, sportsmen’s groups, fi rearms businesses and gun owners fi led the lawsuit. They argued that the new statute was unconstitutional because it prohibits citizens from keeping commonly used firearms for home defense and other lawful purposes.
   The law redefined an assault weapon as a semi-automatic rifle that can accept a detachable magazine and has one militarystyle feature such as a pistol grip or folding stock. That defi nition applies to popular AR-15 s and several other rifles, pistols and shotguns, which can no longer be sold legally in New York. The law requires an estimated 1 million residents who bought one previously to register it by April 15.
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Henry
January 1, 2014, 4:38pm Report to Moderator

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Not much of a change, the law is targeting those who would obey it and that was law abiding citizens, problem is law abiding citizens are not even obeying it and they won't for good reason. Citizens are simply buying their large cap mags privately and not through the stores and trust me there is no shortage of them out there.


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BuckStrider
January 1, 2014, 7:15pm Report to Moderator

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Quoted Text
Judge William Skretny in Buffalo concluded those provisions are constitutional because they’re related to achieving an “important governmental interest” in public safety. Those two features make guns more lethal, he wrote, citing testimony submitted in the case.


WTF does “important governmental interest” mean? The ruling in itself doesn't make any sense.

It's either a political ruling or the ruling of a judge who doesn't want to make waves.

Of course he had to scrap the '7 bullet' thing because there is no possible way to enforce it and it's stupid.

Oh, and in before Boxy points out that this judge was nominated by Bush I




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Libertarian4life
January 1, 2014, 7:38pm Report to Moderator

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The law “applies only to a subset of firearms with characteristics New York state has determined to be particularly dangerous and unnecessary for self-defense,”

The bill of rights has been changed to the Bill Of Needs. as defined by the government.
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Libertarian4life
January 1, 2014, 7:41pm Report to Moderator

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Quoted from BuckStrider


WTF does “important governmental interest” mean?


It means that all rights must be weighed against the rights of the state.


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Henry
January 1, 2014, 7:52pm Report to Moderator

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Quoted from Libertarian4life
The law “applies only to a subset of firearms with characteristics New York state has determined to be particularly dangerous and unnecessary for self-defense,”

]


Yes dangerous features like the pistol grip, because having better control of a weapon is more dangerous. Or the flash hider, for some reason they believe a bigger fireball coming out of the barrel is more safe. Or even worse the dreaded bayonet lug, because we seen so many bayonetting crimes committed. Oh lets not forget a folding stock because that right there makes the gun 10X more deadlier when shot.


"In the beginning of a change, the Patriot is a scarce man, brave, hated and scorned. When his cause succeeds, however, the timid join him, for then it costs nothing to be a Patriot."

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Libertarian4life
January 1, 2014, 8:41pm Report to Moderator

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Quoted from Henry


Yes dangerous features like the pistol grip, because having better control of a weapon is more dangerous. Or the flash hider, for some reason they believe a bigger fireball coming out of the barrel is more safe. Or even worse the dreaded bayonet lug, because we seen so many bayonetting crimes committed. Oh lets not forget a folding stock because that right there makes the gun 10X more deadlier when shot.


You are attempting to use a logical argument against those who decide which rights you need.

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