Federal Judge Overturns NY State 7-round limit

[MtGun44]

Good news.

http://www.poughkeepsiejournal.com/article/20140101/NEWS/301010031/Court-deals-blow-SAFE-Act?nclick_check=1

Slowly, slowly, the 2nd Amendment is gaining momentum.

Bill

[Alstep]

Not so fast folks. Earlier today, I read the entire decision, and reviewed it with a good lawyer friend. We came to the following conclusions:
That the 7 round rule in a 10 round magazine is declared "vague" and struck down, so now 10 rounds loaded in a 10 round magazine is OK. However, magazines with a capacity of over 10 rounds is still considered "high capacity", and that rule stands.
The term "muzzle brake" is declared "vague" and struck down, however the term "threaded barrel" stands.
The rest of the SAFE act stands as Constitutional!
Go figure. Not a very good way to start the New Year here in the Union of Socialist New York State!
I'm computer illiterate, otherwise I'd post the entire decision for you all to read. Maybe someone can find it and post it?

[Oreo]

Its not even worth paying attention to till its put before the SCOTUS. If the SCOTUS takes the case it will be big news and we'll all be watching and reading tea leaves. If the SCOTUS rejects the case then go back and read the circuit court decision.

Its silly that we even have district courts when any case of importance is guaranteed to be appealed. Might as well just skip straight to the court that's going to make the decision that sticks.

[Duckiller]

Oreo the trial court determines the facts or at least the facts that will be considered. Appelate courts sort out laws. Supreme court determines if two lower courts got it right, if not how they should look at the question at hand. Need the all. Justice is a slow process.

[Oreo]

Too slow. dysfunctionally slow when bad laws can be passed faster and in quantity that overwhelms the court system's ability to correct problems in a timely manner.

[jonp]

Not so fast folks. Earlier today, I read the entire decision, and reviewed it with a good lawyer friend. We came to the following conclusions:
That the 7 round rule in a 10 round magazine is declared "vague" and struck down, so now 10 rounds loaded in a 10 round magazine is OK. However, magazines with a capacity of over 10 rounds is still considered "high capacity", and that rule stands.
The term "muzzle brake" is declared "vague" and struck down, however the term "threaded barrel" stands.
The rest of the SAFE act stands as Constitutional!
Go figure. Not a very good way to start the New Year here in the Union of Socialist New York State!
I'm computer illiterate, otherwise I'd post the entire decision for you all to read. Maybe someone can find it and post it?

I'm glad you did too. This will be appealed of course but I'm curious about the judges reasoning. Likening the prohibition against mail order ammuniton to that of cigarettes and booze is strange as both of those are not a Constitutional Right.

There is a silver lining here, though. If Colorado can legalize Pot which is Federally Verboten then what will be the Feds arguement against other states thumbing their noses at other Federal Laws such as Manu and distribution of firearms withing states boundries such as Montana is doing.

[btroj]

That is going to be up to the administration in control at the time. This administration doesn't care about pot or illegals but they will care very much about guns and ammo.

I love selective administration of laws.

[freebullet]

Coruption at its finest. So far from the constitution might as well be on the moon.

[WILCO]

Its not even worth paying attention to till its put before the SCOTUS.

Yeah, folks said the same thing about obamacare. Look how that turned out.

[WILCO]

Somebody could argue that since the Feds are allowing the ignoring of one federal law, then, equal justice, and they can ignore all the rest.

That's known as a Banana Republic.