State Supreme Court wants NYS to show good cause that gun law is constitutional

deen_ad · Feb 28, 2013

BUFFALO, N.Y. (WKTV) - The Buffalo-based attorney who is spear-heading a lawsuit against Governor Andrew Cuomo's recent gun laws said that Wednesday was "monumental," as a State Supreme Court Justice issued an order requiring New York State to show good cause that the law is constitutional.

New York State has until April 29 to respond or else an injunction will be issued.

On Thursday, thousands are expected in Albany to rally against the Governor's gun laws. Many are looking to preserve local jobs at places such as Remington Arms, while others say they are just citizens who feel that their Second Amendments are being infringed upon.l

ZigZagZeke · Feb 28, 2013

And that's just at the state level. We haven't heard from the USSC yet.

drew · Feb 28, 2013

Father of four · Feb 28, 2013

ZigZagZeke said:
And that's just at the state level. We haven't heard from the USSC yet.

50/50 chance in a positive pro 2nd amendment ruling with those guys.

deen_ad · Feb 28, 2013

Father of four said:
50/50 chance in a positive pro 2nd amendment ruling with those guys.

That good?

Misterbill · Mar 1, 2013

The New York ban does not pass the Heller ruling. At the very least, I would expect the 7-round mag limit to be overturned because most of the guns made in the last 50 years have at least 8 round magazines as designed.

Heller staked out "arms in common use" as protected. the 7-round limit doesn't meet that criteria by a long shot.

The whole idea of magazine size limits may be at legal risk as well because of the reasonableness test. Because magazine-fed semi-automatic pistols are protected as a recognized individual right, the state must at the very least prove that any law restricting that right is reasonable. That is, that the law has some basis in actually doing something. Since we all know that having a 5-round magazine or a 30 round magazine makes no appreciable difference in the number of shots that can be fired in a given time period, a magazine size limit fails that test IMO.