Governor Cuomo's Ban Is Unconstitutional

[2Awarrior]

Haven't read the new law yet but if 7 round mags are the max, are such mags even available or any chance manufactures will make them?

Yeah, we really gotta read it. I just checked it out quickly, and here's an excerpt that explains the ten round mag thing -

"Magazines that can hold more than seven rounds but not more than ten rounds and are currently possessed will be grandfathered in, but may only contain seven rounds of ammunition."

The ten rounders I have, for instance, will be grandfathered, but don't get caught with more than seven rounds in them. Still, manufacturers will have to come up with something - I believe the grandfathering does not apply to 10 rounders that have not been purchased.
How ---king much more stupid can this get??

 

[UncleWilley]

Yeah, we really gotta read it. I just checked it out quickly, and here's an excerpt that explains the ten round mag thing -

"Magazines that can hold more than seven rounds but not more than ten rounds and are currently possessed will be grandfathered in, but may only contain seven rounds of ammunition."

The ten rounders I have, for instance, will be grandfathered, but don't get caught with more than seven rounds in them. Still, manufacturers will have to come up with something - I believe the grandfathering does not apply to 10 rounders that have not been purchased.
How ---king much more stupid can this get??

Incredibly STUPID!! So 3 rounds are going to make the difference in a mass killing, right!

Do any manufacturers make 7 rounds mags? Unless they do, then effectively we can not buy any gun that currently uses a mag?????

FYI, just got off the phone with NRA-ILA and quote "their lawyers are looking at the law". I told them if they don't do something, I and many other NY NRA members will be canceling our membership.

 

[ricardo900]

Incredibly STUPID!! So 3 rounds are going to make the difference in a mass killing, right!

Do any manufacturers make 7 rounds mags? Unless they do, then effectively we can not buy any gun that currently uses a mag?????

FYI, just got off the phone with NRA-ILA and quote "their lawyers are looking at the law". I told them if they don't do something, I and many other NY NRA members will be canceling our membership.

I know they make 5 round mags for the Ruger 10/22 (NYC Compliant). 7 rounders?? Most likely 1911s and sub-compact glocks in a .45 caliber. Now, due to the potential ban on these mags, they are consequently banning most semi-automatic handguns, until manufacturers start making "NY Compliant" magazines.

 

[tattedupboy]

Wow, so people who own magazines that are capable of holding more than 7 rounds have a year to get rid of them or face prosecution? If this doesn't smack of ex post factoism, then I don't know what does! Thank God I don't live in that godforsaken place!

Sent from my A200 using Tapatalk HD

 

[BC1]

George at OC Shooters does a good job of explaining the new law. Link Removed
.
For those with a strong stomach here's the full bill as proposed in the senate... http://open.nysenate.gov/legislation/bill/S2230-2013

 

[Ryan.moran]

i just got home and havent been able to do any looking around all day, the last i knew as of last night it passed the senate and would be moving on in the morning at 10am. does anyone know if it also was passed by whoever got it after the senate?

 

[retdet416]

Yes, the bill was passed by the ASSembly today and Cuomo already signed it.

Magazines that hold 8-10 rounds are grandfathered in but can only be loaded with 7 rounds. High-capacity mags that hold more than 10 rounds are now illegal.

This law is BS and I think its only going to get worse with Obama planning to outline his plan as well.

 

[2Awarrior]

FYI, just got off the phone with NRA-ILA and quote "their lawyers are looking at the law". I told them if they don't do something, I and many other NY NRA members will be canceling our membership.

I hate to say this, and shouldn't because of the emotional state I'm in right now, but my beloved NRA had better not put me in a position where I have to back off of every good thing I've ever said about them. I'm still waiting to hear something from my "scarey bunch of bullies" as they are often referred to by the left.

At least I can turn around to the throng of insufferable crybabies who have for years bemoaned the fearful "power of the bullies at the NRA", and tell them once and for all to shut up. Today, where was all this power they've been crying about?
Are we nothing? Have we always been nothing, just a 4 million member gun club in a nation of 80 million gun owners? Didn't that tell them anything?

And who comes to our rescue? A lawyer who was amongst our own forum. God bless this man, and I hope everybody gets behind him.

NRA, you better get off your asses! I'm not ready to cut up my membership card yet, but I am getting impatient.

 

[S&W645]

Want to see how stupid the legislature is?

(VI) A FLASH SUPPRESSOR, MUZZLE BREAK, MUZZLE COMPENSATOR, OR THREADED
BARREL DESIGNED TO ACCOMMODATE A FLASH SUPPRESSOR, MUZZLE BREAK, OR
MUZZLE COMPENSATOR;

Want to explain to me what a muzzle break is? Is that something like the infamous shroud? :biggrin: The correct term is a muzzle brake but it just goes to show that those elected officials don't know what they are voting on.

 

[S&W645]

And here is the expost facto violation.

S 265.36 UNLAWFUL POSSESSION OF A LARGE CAPACITY AMMUNITION FEEDING
DEVICE.
IT SHALL BE UNLAWFUL FOR A PERSON TO KNOWINGLY POSSESS A LARGE CAPACI
TY AMMUNITION FEEDING DEVICE MANUFACTURED BEFORE SEPTEMBER THIRTEENTH,
NINETEEN HUNDRED NINETY-FOUR, AND IF SUCH PERSON LAWFULLY POSSESSED SUCH
LARGE CAPACITY FEEDING DEVICE BEFORE THE EFFECTIVE DATE OF THE CHAPTER
OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS SECTION, THAT HAS
A CAPACITY OF, OR THAT CAN BE READILY RESTORED OR CONVERTED TO ACCEPT,
MORE THAN TEN ROUNDS OF AMMUNITION.
AN INDIVIDUAL WHO HAS A REASONABLE BELIEF THAT SUCH DEVICE IS OF SUCH
A CHARACTER THAT IT MAY LAWFULLY BE POSSESSED AND WHO SURRENDERS OR
LAWFULLY DISPOSES OF SUCH DEVICE WITHIN THIRTY DAYS OF BEING NOTIFIED BY
LAW ENFORCEMENT OR COUNTY LICENSING OFFICIALS THAT SUCH POSSESSION IS
UNLAWFUL SHALL NOT BE GUILTY OF THIS OFFENSE. IT SHALL BE A REBUTTABLE
PRESUMPTION THAT SUCH PERSON KNOWS THAT SUCH LARGE CAPACITY AMMUNITION
FEEDING DEVICE MAY NOT BE LAWFULLY POSSESSED IF HE OR SHE HAS BEEN
CONTACTED BY LAW ENFORCEMENT OR COUNTY LICENSING OFFICIALS AND INFORMED
THAT SUCH DEVICE MAY NOT BE LAWFULLY POSSESSED.
UNLAWFUL POSSESSION OF A LARGE CAPACITY AMMUNITION FEEDING DEVICE IS A
CLASS A MISDEMEANOR.

 

[Numenor]

And here is the expost facto violation.

Except I don't know if that actually qualifies... it gives time for the accused to sell/destroy/turn in the banned mag before they are charged.

 

[S&W645]

Except I don't know if that actually qualifies... it gives time for the accused to sell/destroy/turn in the banned mag before they are charged.

The fact that it goes after what was legal until they passed this law is what controls. Not that they give you a way out of owning them. Because you no longer legally would be allowed to own what previously had been legal to own. No grandfathered provision for continued legal ownership.

 

[2Awarrior]

Doesn't the grandfathering of the ten rounders (mentioned and quoted in post 40) qualify as a grandfather clause...? Isn't this what the OP was referring to as being missing?
I'm getting a sick feeling, here...

 

[Numenor]

Doesn't the grandfathering of the ten rounders (mentioned and quoted in post 40) qualify as a grandfather clause...? Isn't this what the OP was referring to as being missing?
I'm getting a sick feeling, here...

It's more that 30-round mags were able to be owned in NYS provided they were made pre-1994 or post-2004. The reason this provision was put into the new bill was because after the ban, mags were made again w/o the stamps saying it was made post-1994, and therefore the ban on them became impossible to enforce. This new bill eliminates that problem by eliminating ownership of mags above 10-rounds completely. Since 10-round mags were already allowed under NYS law after 1994 they figure they can't get rid of those so THEY are grandfathered in so long as you only have 7 rounds in them.

 

[2Awarrior]

Ok thanks man. Keepin my fingers crossed.

 

[Numenor]

Ok thanks man. Keepin my fingers crossed.

Trust me, I would absolutely LOVE to see this bill declared unconstitutional on the ex post facto angle... or frankly ANY angle. I just don't think it will happen with the US Circuit Court that covers NYS.

 

[skinnyb82]

This is a pretty cut and dry case of an ex post facto law. I'd love to see how one would argue that it's not and it wouldn't take a specialist attorney like Alan Gura to destroy any argument the state makes.

Sent from my SCH-R530U using Tapatalk 2

 

[ColoradoRob]

Does New York State do recall elections? Typically it's what, 500,000 registered voter signatures? If so, get on it New York.

 

[NS496]

Does New York State do recall elections? Typically it's what, 500,000 registered voter signatures? If so, get on it New York.

Count me in... 499,999 to go

 

[skinnyb82]

Cuomo just boned his own chance at becoming President with this which is fine with me but I wish he wouldn't have usurped the Constitution and instead just would've banged an intern, got a DUI or addicted to narcotics or something normal scumbag, hypocritical politicians do.

Sent from my SCH-R530U using Tapatalk 2