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: 2015-02-13 1:58 pm PST

LGF User's Guide
Recent Pages
Thanos
Jeb Bush Turns on the U.S. Export-Import Bank.
Jeb Bush has been adamant that he will not switch his positions on two issues, immigration and Common Core standards, that will generate conservative opposition in the Republican primaries. But he just made a major concession to conservatives on ...

1 hour, 27 minutes ago
Views: 62 • Comments: 0
Tweets: 0 • Rating: 0
Doofus
Troller gets Trolled
Curt Schilling showed a young punk you don't mess with his daughter on twitter. Schilling's fond paternal congratulations were met with "tweets with the word rape, bloody underwear and pretty much every other vulgar and defiling word you could likely ...

16 hours, 25 minutes ago
Views: 186 • Comments: 0
Tweets: 0 • Rating: 1
Lumberhead
Pittsburgh’s Police Chief—the #EndWhiteSilence Twitpic Cop—Isn’t What He’s Cracked Up to Be
In this era of raw nerves, protests and increased tensions, Americans really want leadership. It's natural for the public and the media to desperately seek out examples that appear to affirm that our nation is changing for the better. ...

17 hours, 7 minutes ago
Views: 181 • Comments: 0
Tweets: 0 • Rating: 0
FemNaziBitch
The ‘War on Women’ Is the Latest War That Republicans at CPAC Want to Win
By this process, you can arrive at a conclusion like this: To win the War on Women, you better put a ring on it. At CPAC, conservatives dedicated an entire panel to "The Future of Marriage." One could be ...

1 day, 5 hours ago
Views: 259 • Comments: 1
Tweets: 0 • Rating: 2
ಠ_ಠ
Edward Snowden, Glenn Greenwald and Laura Poitras doing a Reddit AMA
Earlier today interested Redditors posed questions to Poitras and Greenwald in Los Angeles, while Snowden posted from Moscow. A rare opportunity for average people to directly communicate with the (in)famous leaker.See the entire discussion HERE Redditor masondog13 asks: What's the ...

1 week ago
Views: 675 • Comments: 2
Tweets: 0 • Rating: 2
Rocky-in-Connecticut
Muslims Join Hands At Oslo’s Largest Synagogue
Wait a minute... watching Fox News and the Republican talking heads I learned that all Muslims are bad bad bad and in no way can Islam be interpreted as any sort of peaceful religion. news.yahoo.com OSLO (Reuters) - More than ...

1 week, 2 days ago
Views: 901 • Comments: 2
Tweets: 8 • Rating: 5
BadExampleMan
Help Tel Aviv Roller Derby move forward!
For the last three years it's been my privilege to help coach a dedicated group of young women who have founded the first Women's Flat-Track Roller Derby league in Israel. They've learned, trained, fought, and worked unbelievably hard to bring ...

1 week, 3 days ago
Views: 721 • Comments: 0
Tweets: 0 • Rating: 1
Great White Snark
Federal Judge Rules Ban on Interstate Handgun Sales Unconstitutional
Added bold is all mine. this was an awkward way to go about gun control anyway. It clearly impacts the law abiding far more than felons, and is by that definition inefficient and intrusive at best. Gonna have to do ...

2 weeks, 5 days ago
Views: 1,459 • Comments: 3
Tweets: 0 • Rating: 3
 Frank says:

Never stop until your good becomes better, and your better becomes the best.