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!
For about 33 cents a day (per month) or 22 cents a day (per year), our subscription option turns off all advertisements at LGF!
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.

Last updated: 2014-03-07 2:19 pm PST

LGF User's Guide
Recent Pages
palmerskiss
Denmark Shows the World How to Stop Mass Medicating Animals
COPENHAGAN, Denmark -- Michael Nielsen unlocks the door to his pig factory. He doffs his jacket, pants and muddy boots and zips on white coveralls. Then he steps into the maze-like complex housing several thousand pigs. From the birthing room -- where one enormous sow has just delivered 22 squirming piglets -- to the insemination stalls where the next generation is in the ...

6 hours, 20 minutes ago
Views: 73 • Comments: 0
Tweets: 0 • Rating: 0
Randall Gross
Fraternity Closes Chapter Following Vandalism of Statue
The chapter that might secretly want to wear pointy hoods to their toga parties... In the pre-dawn hours of Feb. 16, vandals placed a noose around the neck of the statue and draped over its face a pre-2003 Georgia state flag with a Confederate battle emblem. Three freshmen fraternity members from Georgia, whose names haven't been released, were accused in the incident. They were ...

7 hours, 55 minutes ago
Views: 98 • Comments: 0
Tweets: 0 • Rating: 1
MichaelJ
Live now - 2014 Rip Curl Pro Bells Beach - ASP World Tour
More: 2014 Rip Curl Pro Bells Beach - ASP Iconic Bells Beach in Victoria, Australia once again hosts the world's best surfers for the 41st running of the Bells Beach Contest. New feature in this broadcast: drone cam!

9 hours, 4 minutes ago
Views: 112 • Comments: 0
Tweets: 2 • Rating: 0
cycroft
Russ Campbell’s Blog: Fiscal Conservatism Seems Alive and Well in Ottawa: 8,900 Public Service Jobs to Be Cut
When Con­ser­v­a­tives un­der Stephen Harper took of­fice in 2006, I was dis­ap­pointed at how much they re­sem­bled their pre­de­ces­sors when it came to their pen­chant for in­creas­ing the size of gov­ern­ment. More: Russ Campbell's Blog: Fiscal Conservatism Seems Alive and Well in Ottawa: 8,900 Public Service Jobs to Be Cut

12 hours, 50 minutes ago
Views: 85 • Comments: 0
Tweets: 0 • Rating: 0
Skip Intro
Why the Temperature of the Yellow Sea Is a Big Deal, and Other Questions About the South Korean Ferry Disaster
The boat ran into trouble several dozen miles from Jindo, an island that sticks out of South Korea's southwestern corner like a little toe. Jindo is surrounded by a group of even smaller islands that are slightly farther afield from the mainland. The ferry was curving around those small islands at the time it issued a distress call. What caused the disaster? We ...

13 hours, 58 minutes ago
Views: 249 • Comments: 3
Tweets: 23 • Rating: 0
FemNaziBitch
Bystander Effect, or Why This Week Has Been Really Scary
And if you have a friend or loved one who's survived an assault, here's a short list of things you should and shouldn't do to help out. Because if I've learned anything over the past few days, it's that watching someone you care for go through something like this can make you feel unbelievably helpless. But, in spite of that feeling, there are ...

17 hours, 38 minutes ago
Views: 180 • Comments: 1
Tweets: 1 • Rating: 0
Idle Drifter
Calgary stabbings: How knife crime in Canada can cause ‘moral panic’
What Calgary police chief Rick Hanson called the "worst mass murder" in the city's history didn't end at the barrel of a gun. Instead, the 22-year-old suspect identified on Tuesday as Matthew de Grood is accused of entering the kitchen at a house party, taking "a large knife" and using it to fatally stab four men and one woman, all of whom were students ...

2 days ago
Views: 192 • Comments: 4
Tweets: 0 • Rating: 0
aagcobb
New York Electoral College: State Joins National Popular Vote Interstate Compact.
Ben Mathis-Lilley, Slate: New York Electoral College: State Joins National Popular Vote Interstate Compact. Instead of pushing for a Constitutional amendment, which would have to be ratified in 38 states, advocates ask individual state legislatures to pass an agreement: that they'll pledge all their presidential electors to the winner of the national popular vote as soon as enough other states pass the law to ...

2 days, 7 hours ago
Views: 205 • Comments: 7
Tweets: 0 • Rating: 1
Political Atheist
The Insane History of Rockets at Jet Propulsion Laboratories
The Rocket Boys In the late 1930s, a group of Caltech graduate students were booted off campus after blowing up (part of!) their building during a rocket test gone awry. Unwilling to give up on the joy of semi-controlled explosions, the students and a few of their friends headed into the San Gabriel Mountains. They picked a deserted gully -- Arroyo Seco -- ...

3 days, 3 hours ago
Views: 234 • Comments: 0
Tweets: 0 • Rating: 2
iossarian
Drug Companies Want Your Money
Two thematically-related stories on the BBC at the moment: UK drug company Glaxo 'paid bribes to Polish doctors' UK drug company GlaxoSmithKline is facing a criminal investigation in Poland for allegedly bribing doctors, BBC Panorama has discovered. Tamiflu: Millions wasted on flu drug, claims major report Hundreds of millions of pounds may have been wasted on a drug for flu that works no better ...

3 days, 10 hours ago
Views: 255 • Comments: 0
Tweets: 8 • Rating: 0
 Frank says:

Why do people continue to compose music, and even pretend to teach others how to do it, when they already know the answer? Nobody gives a f*ck.