Governor Cuomo's Ban Is Unconstitutional

JDT

New member
Good afternoon,

I am an attorney in Western New York. Andrew Cuomo's proposed ban on 10 round magazine with no grandfather clause constitutes a ex post facto law and is therefore a prima facie violation of the Constitution. We need to get a class action suit together.

If this bill passes, I'd like any and all affected gun owners who want to challenge this law to contact me.

(This is not a business/advertising post)
 
"ex post facto law and is therefore a prima facie violation"

Okay... what does that mean in real English?
 
Ex post facto means to change after the fact. An example would be if the government were to make possession of a firearm illegal. Your options would be to turn yours in or face prosecution if caught. The US constitution protects against this with a mandatory grandfather clause. They could ban transfer of possession of firearms illegal but could do nothing about what had already happened prior to the law taking effect. Some countries dont have this and you could be serving lets say ten years for robbery. If the law changed to a min 20 year sentence, you just got ten years added to your sentence. Prima facie is fancy talk for self evident.
 
Are you saying good intentions don't trump the law? The democrats aren't going to like this. But it's for the children. :sarcastic:
 
My best friend is an attorney and has made the exact same statement. As of 9:00 PM we don't have an answer on the mag issue. There was an issue regarding whether the mag itself would be illegal or the number of rounds. Some have suggested they may allow the 10 round mag but only alow 7 rounds to be loaded. Spoke with my Senator at 4:45 PM as he was going into session and promised to let me know this evening if anything was enacted. Spoke with Sen. Dean Skelos today. Advised him that licensed CCW holders would probably carry an extra mag, bringing it to 14 instead of 10. This law does nothing... absolutely nothing.
.
Remember who you're dealing with. Andrew Cuomo was housing secretary under Clinton. He once tried to stop anyone who lived in government subsidized housing from owning a gun. This was determined to be unconstitutional. He also used Caitlin Halligan, Obama appointee and Solicitor General for the state of New York from 2001 until 2007, to try suing gun manufacturers for crimes committed with their product. Keep in mind that Ms. Halligan is on the short list of nominees for future supreme court justice openings. Also keep in mind that Mr. Cuomo has an eye on the presidency in 2016.
 
You have to pass the bill to see what is in it.
From SCOPEny.org
It is being printed as we speak


NEW YORK GOVERNOR GETS HIS BILL AND BULLIES GUN OWNERS ACROSS THE STATE. He beats Obama to the punch. Now on to 2016.
This is a pure power grab by Cuomo, he wants to be the first one to pass a gun ban since New-Town. He will of course get national recognition and high fives from 0bama at the State of the Union address. All setting himself up for the presidential run in 2016.
VOTE Planned at Midnight!

The new state legislation will:
* Limit ammunition clips to seven. It’s now 10 (Except Criminals)
* Force gun owners to renew their licenses every five years (Except Criminals)
* Stiffen penalties for using a gun in the commission of a crime
* Stiffen penalties for bringing a gun on school property (Doesn't count if the mass murder commints suicide)
* New restrictions on the assault weapons already owned by New Yorkers (?????)
We (gun owners) did what we could.

The Democrats and Governor Cuomo say to us

Let them eat cake!

SCOPE thanks the thousands of people that have called, emailed and faxed over the past week.
Again the bullying of law abiding citizens continues.

The Governor and company used the US Senate method of closed door meeting and dark of night negotiations to pass his so called "reasonable" gun regulations. All of the calls emails faxes and letters to lawmakers were ignored. The Governor and the down state Democrats might as well have said about the gun owners efforts. Let them eat cake!
 
Time to take it to the courts! It won't stand up and will be deemed unconstitutional.
He'll be able to then say "hey, I tried!" as the bill is flushed down the toilet.
 
My best friend is an attorney and has made the exact same statement. As of 9:00 PM we don't have an answer on the mag issue. There was an issue regarding whether the mag itself would be illegal or the number of rounds. Some have suggested they may allow the 10 round mag but only alow 7 rounds to be loaded. Spoke with my Senator at 4:45 PM as he was going into session and promised to let me know this evening if anything was enacted. Spoke with Sen. Dean Skelos today. Advised him that licensed CCW holders would probably carry an extra mag, bringing it to 14 instead of 10. This law does nothing... absolutely nothing.
.
Remember who you're dealing with. Andrew Cuomo was housing secretary under Clinton. He once tried to stop anyone who lived in government subsidized housing from owning a gun. This was determined to be unconstitutional. He also used Caitlin Halligan, Obama appointee and Solicitor General for the state of New York from 2001 until 2007, to try suing gun manufacturers for crimes committed with their product. Keep in mind that Ms. Halligan is on the short list of nominees for future supreme court justice openings. Also keep in mind that Mr. Cuomo has an eye on the presidency in 2016.

it would be really great if you could post here if you hear anything. i have been doing what i can by emails and a new york gun forum i am on all the time has many people who have been calling, leaving voice mails, writing emails. many at that site have been posting responses from senators and other politicians they have talked to today but nothing definate yet. i am extremely nervous to see what happens...


-Ryan
 
I will certainly support a class action suit against this type of 'feel good' dictatorial edict.

The other thing people forget about Andrew as Secretary of HUD... Under Clinton, they came out with the "everybody should be able to buy a home" mantra. They threatened the banks (who were conservatively lending to those who could pay their mortgages) that if they didn't open up lending to those who could not afford to pay them back, they would come down on them with the weight and force of the US Govt with penalties and lawsuits.....the birth of the "sub-prime" mortgage industry. THEN...ANDREW TO THE RESCUE.....as NY Attorney general, he filed suit on the sub-prime lenders....because they made loans to people who could not pay them back...AND...they(the banks and lenders) were Predatory.

As those lawsuits proceeded, lenders began to tighten lending requirements and since there were fewer 'qualified' buyers, and the economy was beginning to tank, the US Real estate and mortgage crisis began.

Andrew's answer...fix the mortgage and valuation portions of the industry by creation of the "home valuation code of conduct" which placed further regulation on the real estate mortgage industry which further limited actvity. This assumed that there was collusion between the banks and appraisers, where in fact, the banks were forced by HUD to lend to people who they would not have normally lent to due to their high risk.

So, Andrew was complicit in creation of the sub-prime mortgage market....then came to the rescue. Everybody gives him credit for the solution, but forgets that he was actually part of the original problem.

As for the original point of this forum, all of us in NY are used to having our legislators pass laws that "feel good", but do nothing but hurt the law abiding citizens with the unintended consequences of those laws. Our rights are limited by those laws, but the criminals don't abide by those laws, so they are unaffected.

Finally, I find it interesting that the same legislators who tell us that we can't or shouldn't have the right to carry a weapon are the same ones who have CCW permits themselves. I read on a concealed carry forum that a list of NY CCW permit holders appeared on the web for a short time before the error was caught and it was removed.
It was reported that our US Senator Charles Schumer's name appeared on that list....the same Chuckie Schumer who will blindly support Obama and Cuomo for limiting our rights to carry legally.
 
it would be really great if you could post here if you hear anything. i have been doing what i can by emails and a new york gun forum i am on all the time has many people who have been calling, leaving voice mails, writing emails. many at that site have been posting responses from senators and other politicians they have talked to today but nothing definate yet. i am extremely nervous to see what happens...


-Ryan
Ryan, one proposal was to require permit renewal every three years. Sen. Skelos had no information on that as of this morning.
 
BC1 - Jeff here. Just texted you. Sounds like you have your finger on the pulse. I just called Senator Skelos with my vote of no. Someone took the message even this late. I have link up and it says the house is in recess and will reconvine shortly. Link Removed Will anything be shown here?
 
Good afternoon,

I am an attorney in Western New York. Andrew Cuomo's proposed ban on 10 round magazine with no grandfather clause constitutes a ex post facto law and is therefore a prima facie violation of the Constitution. We need to get a class action suit together.

If this bill passes, I'd like any and all affected gun owners who want to challenge this law to contact me.

(This is not a business/advertising post)

Probably a stupid question, but how the heck can states restrict 2A rights? I assume the usual answer is the courts just let them!

I guess even 10 round mags for my Ruger 10/22 will be illegal. Are there any 7 round mags???

Let the law suits begin!!!!
 
It just passed 43-18. One big circle jerk. For the most part, what a bunch of ignorant spineless puppets. My hero is Senator Ball though. He probably won't be invited to hang out with the Gov any time soon.
 
All right, the law passed. We're on our way to federal court.

Everyone in Upstate New York who's interested in challenging this assault on our Constitution should contact me as soon as possible. We're going to need to set up a meeting. This is going to court as fast as we can get it in.

Ex post fact law. Abhorrent.

You can PM me here, or call 716.202.4301 tomorrow.
 

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