Pages

7 comments

Jump to bottom
1 Political Atheist  Thu, Jan 31, 2013 8:04:57am

What New York appears to be doing is poking at the limits to see exactly how far they can go without a constitutional or other legal setback. In my view the 7 round limit is a poison pill.

Let me hastily add a lot of it I have no problem with-Universal b/g checks for all gun transfers. I suppose that includes inheritance of guns, a very common occurrence.

California forced owners of certain guns (semi auto rifles and semi auto handguns) that were formerly full auto models from before the Brady bill and it’s California near twin law. It was interesting that we could see an” after the fact of purchase” forced registration. If there were legal challenges they failed. I know a lot of people that registered guns they had owned for years.

2 celticdragon  Thu, Jan 31, 2013 9:46:08am

I do think the 7 round limit may end up scuppering the whole thing. I wonder if the bill was crafted so that parts of it are separable? If not, I have a feeling the SCOTUS (assuming it gets there) will kill it if Scalia gets his meat hooks into it.

3 celticdragon  Thu, Jan 31, 2013 9:51:00am
The U.S. Supreme Court in 1968 ruled in Haynes v. United States that felons and others who are prohibited from possessing guns could not be forced to incriminate themselves through registration.

Tresmond said the law also violates the Fifth Amendment’s ban on the taking of private property by the government. The law requires people who own high-capacity magazines to either sell them or surrender them to the state.

The law was very poorly written. There was no provision for law enforcement or military, which was not discovered until after the bill was passed and NYPD and others started howling that their own service weapons were now effectively illegal. It probably needs to be dumped and redone from scratch. That is a typical problem after a tragedy like Newtown when the rush to do something ends up in anything being passed, no matter how ill advised.

4 JeffFX  Thu, Jan 31, 2013 10:16:02am

re: #2 celticdragon

I do think the 7 round limit may end up scuppering the whole thing. I wonder if the bill was crafted so that parts of it are separable? If not, I have a feeling the SCOTUS (assuming it gets there) will kill it if Scalia gets his meat hooks into it.

The wingnuts on the Supreme court won’t be there forever. The demographic shift away from under-educated, overweight, old, white, gun-fetishing bigots makes Republican victories at the national level very unlikely. The extremists will be a southern and rural thing, and they’ll no longer have power over reasonable people as long as we help the good folks get out of the south.

Or maybe the south will grow-up one day, and won’t want wingnuts in government anymore.

5 Political Atheist  Thu, Jan 31, 2013 11:30:58am

re: #4 JeffFX

The biggest wingnut of them all (assuming that’s a fair assessment to begin with) is Scalia, and it was his decision that specifically lays out the ability of the gov to regulate guns. People often forget that part.

6 lawhawk  Thu, Jan 31, 2013 12:25:35pm

There’s a severability clause in the enacting legislation, which means that if one part of the bill is struck down for any reason, it wont prevent the rest from remaining in effect.

So, if the courts found that the 7 round limit too restrictive, it wouldn’t prevent the function of the mental hygiene or background check provisions.

And as I’ve written previously, the law relating to exemptions is written in a way that could give the courts leeway to avoid applying it to law enforcement or the military until a time when the legislature enacts a fix clarifying the exemption specific to them.

7 goddamnedfrank  Thu, Jan 31, 2013 3:09:58pm

re: #6 lawhawk

And as I’ve written previously, the law relating to exemptions is written in a way that could give the courts leeway to avoid applying it to law enforcement or the military until a time when the legislature enacts a fix clarifying the exemption specific to them.

LOL, who’d arrest them anyway?


This page has been archived.
Comments are closed.

^ back to top ^

TwitterFacebook

Turn off all ads for a full year by subscribing!
Take advantage of our yearly subscription, and save 50% off the normal subscription price! One-year ad-free subscriptions are just $59.95. Turn off all ads for a full year by subscribing now and save!
Read more...

► LGF Headlines

  • Loading...

► Tweeted Articles

  • Loading...

► Tweeted Pages

  • Loading...

► Top 10 Comments

  • Loading...

► Bottom Comments

  • Loading...

► Recent Comments

  • Loading...

► Tools/Info

► Tag Cloud

► Contact

You must have Javascript enabled to use the contact form.
Your email:

Subject:

Message:


Messages may be published unless you request otherwise.
Tech Note:
Using the Contact Form
LGF Pages

This button leads to the main index of LGF Pages, our user-submitted articles. You can post your own LGF Pages simply by registering a free account with us.

Create a Page

This is the LGF Pages posting bookmarklet. To use it, drag this button to your browser's bookmark bar, and title it 'LGF Pages' (or whatever you like). Then browse to a site you want to post, select some text on the page to use for a quote, click the bookmarklet, and the Pages posting window will appear with the title, text, and any embedded video or audio files already filled in, ready to go.

Or... you can just click this button to open the Pages posting window right away.

Last updated: 2015-04-18 5:26 pm PDT

LGF User's Guide
Recent Pages
Thanos
Between - Official Trailer - Netflix [HD]
The body count is rising. A mysterious plague is killing everyone over age 21 in Pretty Lake. Quarantined and afraid those left must survive without help, a cure, or adults. Starring Jennette McCurdy, new Netflix original series Between premieres ...

7 hours, 21 minutes ago
Views: 79 • Comments: 0
Tweets: 0 • Rating: 0
FemNaziBitch
Deprived of Care, Incarcerated Women Suffer Miscarriages, Stillbirths, Ectopic Pregnancies
This is the second article in RH Reality Check's Women, Incarcerated series. You can read the other pieces in the series that have been published so far here. On the morning of September 11, 2011, Krystal Moore thought she ...

1 day, 4 hours ago
Views: 221 • Comments: 0
Tweets: 0 • Rating: 2
Great White Snark
Videos: F-35B Operational Test Trials-Success!
Sorry folks the video is flash, so can't embed it. During OT-1, actual Marines -- not test overseers -- are operating the six F-35Bs that embarked May 18 for the tests; this includes pilots and maintainers. During DT (developmental testing), ...

2 days, 3 hours ago
Views: 308 • Comments: 1
Tweets: 1 • Rating: 3
Romantic Heretic
R.I.P. Tanith Lee
I learned last night the the great Fantasy/horror author Tanith Lee passed away on Sunday. She was a victim in her later years of the greed that infests the publishing industry. If it wasn't Game Of Thrones, Twilight, or The ...

3 days, 7 hours ago
Views: 418 • Comments: 2
Tweets: 0 • Rating: 4
Shiplord Kirel
John Mosley Dies at 93: Denver Native Was Tuskegee Airman, Sports Pioneer
RIP. The hazards and challenges of combat flying in World War II are almost beyond comprehension today. So were the challenges of being a black man in the 1940s, Now imagine what kind of human being it took to meet ...

3 days, 18 hours ago
Views: 572 • Comments: 3
Tweets: 31 • Rating: 6
Cheechako
Wood Bison Bulls en Route to Newly-Wild Female Herd, as Part of Conservation Effort
Associated Press May 26, 2015 This May 2013 file photo shows wood bison at the Alaska Wildlife Conservation Center in Portage. A herd of female bison bred at the center were re-introduced into the wild in Alaska's Interior earlier ...

3 days, 23 hours ago
Views: 299 • Comments: 0
Tweets: 0 • Rating: 3
#FergusonFireside
IDignity - Restoring Dignity and Hope by Providing Identification
IDignity is the organization my Brother works for & my Mother volunteers for. It is a model organization, and hoping to expand. Without an ID, you do not exist. idignity.orgfacebook.com IDignity was created to help the disadvantaged in Central Florida ...

1 week ago
Views: 460 • Comments: 1
Tweets: 3 • Rating: 3
jhncsy
How America’s First Female Detective Helped Foil An Assassination Plot
If reading The Bourne Identity and watching Burn Notice has taught me anything, it's that spies need to blend in. Kate Warne was a master at this: The novelty of a female detective in those days meant Warne was able ...

1 week, 2 days ago
Views: 745 • Comments: 0
Tweets: 19 • Rating: 4
CriticalDragon1177
The Independent - New health minister opposed to abortion urged to reconsider stance
The United States isn't the only western nation where some people want to restrict access to abortion. It sounds like certain British politicians would want to limit when, where, and how a women can get one, assuming they wouldn't like ...

2 weeks, 1 day ago
Views: 897 • Comments: 0
Tweets: 6 • Rating: 2
 Frank says:

Number one ain't you... You ain't even number two.