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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?


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