Author Topic: us district court decision on the safe act  (Read 781 times)

geronimotwo

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us district court decision on the safe act
« on: January 03, 2014, 10:38:02 AM »
mods,  if we refrain from commenting until politics reopens can we keep this up?  i'm thinking some may want to read the intermediate courts ruling.

https://www.nysrpa.org/files/SAFE/Buffalo-Court-Decision.pdf
make the world idiot proof.....and you will have a world full of idiots. -g2

Ned Hamford

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Re: us district court decision on the safe act
« Reply #1 on: January 03, 2014, 12:03:03 PM »
That went much better than expected... but the expectations were pretty low. Granted in Part, Denied in Part.

7 Rounds Limit- Rejected for relevance because the link with asserted state interest (public safety) was tenuous, strained and unsupported on the record.
Penal Law Sections- Largely struck as their terrible terrible writing that doesn't jive with existing state law ('muzzle breaks' and pistols are automatic weapons ect) and thereby does not inform an ordinary citizen of what conduct is prohibited.

Ammo Sales need be in person- Upheld as not overly burdensome and nothing said about requiring records in a specific format that state promised but never provided; causing much anxiety among shops; Lot of marble notebook sales.  I was hoping for a partial strike for the vagueness. 

Also nothing in the order about the new state registry of gun owners and ongoing registration requirements and accompanying expense.  Handy to check the registry when there is a remove firearm order; but for state convenience I don't think we get to treat a class of people as potential felons. 
Improbus a nullo flectitur obsequio.

T.O.M.

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Re: us district court decision on the safe act
« Reply #2 on: January 03, 2014, 03:34:17 PM »
Interesting reading.  The seven round one always bothered me, as an attorney.  The only way to enforce that limit is..., well it was unenforceable, unless after a home defense shooting the officers seize every magazine and find them with 7 rounds in them.  Good logic from this judge, though, saying that the logic fails because at home is where the number of rounds truly matters.  It also appeared that he used logic (GASP!) to see that the criminal would not follow the law, and thus have fully-loaded mags, while the law abiding citizen would have to fight back with the downloaded mags.
No, I'm not mtnbkr.  ;)

a.k.a. "our resident Legal Smeagol."...thanks BryanP
"Anybody can give legal advice - but only licensed attorneys can sell it."...vaskidmark

geronimotwo

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Re: us district court decision on the safe act
« Reply #3 on: January 20, 2014, 11:34:16 AM »
make the world idiot proof.....and you will have a world full of idiots. -g2