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

Discussion in 'Legal & Political Archive' started by deen_ad, Feb 28, 2013.

  1. deen_ad

    deen_ad
    Vancouver, WA
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    State Supreme Court wants NYS to show good cause that gun law is constitutional | NBC-WKTV News Channel 2 - Utica News, Weather, Sports - | Local News
     
  2. ZigZagZeke

    ZigZagZeke
    Eugene
    Curmudgeon Silver Supporter 2015 Volunteer

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

    drew
    OR
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    :eatpop:
     
  4. Father of four

    Father of four
    Portland, Oregon
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    50/50 chance in a positive pro 2nd amendment ruling with those guys.
     
  5. deen_ad

    deen_ad
    Vancouver, WA
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    That good?
     
  6. Misterbill

    Misterbill
    Yakima County, Washington
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    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.
     

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