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
Camera Array Gives You Real-Time Third Person View as You Drive
If you've ever driven a car in a video game, you'll almost certainly be familiar with the fact that it's way easier to avoid running into stuff if you're using a third person view. That is, viewing the car ...

6 hours, 18 minutes ago
Views: 82 • Comments: 0
Tweets: 0 • Rating: 0
CriticalDragon1177
Skepchick - Ad Hominem Fallacy: A Lesson for Sea World ( Video )
Rebecca Watson takes on Sea World, and their attacks on John Hargrove. She takes them to task for attacking him, rather than even trying to refute his allegations, and in the process gives us a lesson in critical thinking. Read ...

11 hours, 11 minutes ago
Views: 134 • Comments: 0
Tweets: 0 • Rating: 0
lostlakehiker
Solar will soon be as cheap as coal
Better wafer fabrication techniques Inside a sprawling single-story office building in Bedford, Massachusetts, in a secret room known as the Growth Hall, the future of solar power is cooking at more than 2,500 °F. Behind closed doors and downturned blinds, ...

2 days, 18 hours ago
Views: 392 • Comments: 13
Tweets: 0 • Rating: 7
FemNaziBitch
IRS Should Crack Down on Private Equity’s Abusive Tax Alchemy
As Warren Buffett famously observed, "...while most Americans struggle to make ends meet, we mega-rich continue to get our extraordinary tax breaks." He was referring to the fact that capital gains earned by wealthy investors are taxed at a ...

3 days, 2 hours ago
Views: 265 • Comments: 0
Tweets: 0 • Rating: 0
philosophus invidius
Bioethicist Live-Tweets Her Son’s Sex-Ed Class
The tweets were simultaneously disturbing and hilarious. "We are going to roll this dice 8 times. Every time your number comes up, in pretend your condom failed and you get a paper baby." JESUS!!! — Alice Dreger (@AliceDreger) April ...

4 days, 10 hours ago
Views: 421 • Comments: 7
Tweets: 2 • Rating: 9
Great White Snark
Pope Francis Uses ‘Genocide’ for Killings of Armenians
Grateful Armenia This consternation over the use of the word 'genocide' occurs regularly. And Armenians are equally upset, when Turkey protests it. Armenian Foreign Minister Edward Nalbandian rebuked Turkey. "We are in a situation in which Turkey speaks a ...

1 week ago
Views: 436 • Comments: 0
Tweets: 0 • Rating: 4
Cheechako
One Hot Mess: 10 Ways to Tell if Your Pizza Is Really Good Christian Pizza
More: One Hot Mess: 10 Ways to Tell if Your Pizza Is Really Good Christian Pizza

2 weeks, 3 days ago
Views: 1,305 • Comments: 0
Tweets: 0 • Rating: 4
No Country For Old Haters
BBC - Future - the Dystopian Lake Filled by the World’s Tech Lust
From where I'm standing, the city-sized Baogang Steel and Rare Earth complex dominates the horizon, its endless cooling towers and chimneys reaching up into grey, washed-out sky. Between it and me, stretching into the distance, lies an artificial lake ...

2 weeks, 3 days ago
Views: 960 • Comments: 0
Tweets: 0 • Rating: 5
Lumberhead
This Video of Homeless People Reading Mean Tweets Is Devastating
Raising the Roof of Canada, an organization that aims to eliminate homelessness, filmed people without homes reading some of the most terrible comments written about them on social media, ranging from remarks about how they smell to dehumanizing insults. ...

2 weeks, 3 days ago
Views: 1,074 • Comments: 0
Tweets: 5 • Rating: 6
 Frank says:

ARE YOU HUNG UP?