NY's Magazine ban unconstitutional?

This is a discussion on NY's Magazine ban unconstitutional? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Interesting article by John S. Rosenberg at National Review online New York?s Magazine Ban: Unconstitutional? - By John S. Rosenberg - The Corner - National ...

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Thread: NY's Magazine ban unconstitutional?

  1. #1
    Distinguished Member Array phreddy's Avatar
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    NY's Magazine ban unconstitutional?

    Interesting article by John S. Rosenberg at National Review online

    New York?s Magazine Ban: Unconstitutional? - By John S. Rosenberg - The Corner - National Review Online

    One unknown in this is how quickly will manufacturers start mkaing 7 round magazines or will they make them at all?

    I assume this same situation happened when the 10 round magazine limitations came into law, but the 10 round limit was in more states and Heller had not been decided.

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    Distinguished Member Array noway2's Avatar
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    No doubt that their new rules and bans are illegal. I also think that many of these same provisions, most notably the banning a class of weapons, in common use, and serving a valid function for (citizen militia) towards the common defense do a fine job of rendering any sort of ban on semiautomatic sporting rifles illegal too. Part of what is interesting is that a number of states on both sides of the issue are racing to implement preemptive regulations by either banning or declaring bans nullified even though there has been no official federal action taken towards a ban. Just the talk of Obama supporting a ban has been enough, though in reality this is one issue on top of several other states rights issues that have been pushed in the last few years.

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    Distinguished Member Array dben002's Avatar
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    No doubt that the law suits against the NY law are being drafted and will hit the courts very very soon....Not to worry in NY...this law will not stand.........carry on.....
    There are two types of people who carry concealed weapons...Responsible ones and Irresponsible ones...which are you...

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    Distinguished Member Array noway2's Avatar
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    dben002, did you notice that Beaufort County has passed a nullification law. With any luck our state will be joining the ranks preemptively declining this nonsense.

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    Member Array Clodbert's Avatar
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    The politicians who drafted this legislation are cunning and crafty. They know that banning handguns outright would have resulted in a groundswell of anger and widespread complaints of unconstitutionality. These magazine restrictions, while still infuriating to gun owners, are a little easier to swallow for the majority of the population. They're taking the piecemeal approach: little by little, over time, everything will be banned if they continue to pass legislation unabated.

    The gun industry will respond but the quality of their products will probably suffer as a result. They're attacking the industry and gun owners at the same time. It's disheartening to watch this happen despite our best efforts to stop it.

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    Sounds like a community college student law school grad drafted the damn bill.
    A Philadelphia lawyer would have trouble following it, the way it reads.
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    I have been friends with the owner of a Security Company for a few years,they have a contract to provide Armed Security in New York and the Lady that heads up the Organization here was asking telling me this is BS the Guards carry 3 mags and we got 45 there so am I gonna have to buy 135 new mags if they make them,not only that I need 6000 rounds of 9mm fmj for practice and carry and I can't find any
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    Distinguished Member Array noway2's Avatar
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    Quote Originally Posted by Clodbert View Post
    The politicians who drafted this legislation are cunning and crafty. (snip)
    Yes they are. They are both probing to see how far they can go while pushing something that they know won't hold up as a secondary means to find the line. Undoubtedly the intent is then to try to push the line farther.
    The gun industry will respond but the quality of their products will probably suffer as a result. They're attacking the industry and gun owners at the same time. It's disheartening to watch this happen despite our best efforts to stop it.
    Perhaps. Unfortunately, I think your correct in that the manufacturers will jump on the opportunity to make a quick buck. A lot of the reason I am certain that they will do this is because most American business can't see past their noses and will gladly slit their own throats for immediate cash. If they were smart, they would refuse to make compliant products, which would make NY's approach a lot more painful. Also, if they do comply and change products, they will have set additional precedent for doing so next time that someone tries to push the line.

    The only correct answer is no. The line is drawn here and it is not moving one damn inch.
    blitzburgh likes this.

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    Distinguished Member Array dben002's Avatar
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    Quote Originally Posted by noway2 View Post
    dben002, did you notice that Beaufort County has passed a nullification law. With any luck our state will be joining the ranks preemptively declining this nonsense.
    No...have not seen that...where I read more ???? thanks
    There are two types of people who carry concealed weapons...Responsible ones and Irresponsible ones...which are you...

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    VIP Member Array 10thmtn's Avatar
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    "In common use." That's the standard set by the SCOTUS. NRA and NYSRPA are already working to challenge the new NY laws. Hopefully that will cause the other Blue states pause.

    Because of pending court challenges, I do NOT see any manufacturers racing to develop 7 round mags only for sale in NY. Why spend the money on tooling and inventory, only to end up with the law thrown out, and a product no-one wants to buy?

    Until this all gets sorted out, NYers cannot legally buy new magazines for common handguns like the Glock 26, etc for which no magazines with less than 10-rd capacity are available. Crazy.
    The more good folks carry guns, the fewer shots the crazies can get off.
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    Distinguished Member Array Nmuskier's Avatar
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    As long as Mr. Bloomberg's security detail only carries 7 rounds, I'm o.k. with the law.

    They had it right the first time, before the LE exemption.

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    Distinguished Member Array chuckusaret's Avatar
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    I also doubt that the manufacturers will jump at the chance to make a buck, might be forced to recycle the 7 rnd mags if the courts overturn the law.
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    ‘‘We, the People are the rightful masters of both Congress and the courts — not to overthrow the Constitution, but to overthrow men who pervert the Constitution.’’
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    VIP Member Array peckman28's Avatar
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    Anyone with half a brain can see that this blatant act of repression that was passed in NYS is unconstitutional. I have never been so ashamed that I was born and raised in that state.

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    I would anticipate companies coming out with a plastic plug that goes in next to the base plate that goes up into the existing 10 round magazines effectively converting it to only 7 rounds. This would be simple, easy, fast, and inexpensive to ship. They could use their existing mags and springs. It would also be easy to convert back when the existing law is overturned.

    Heck, with a piece of balsa wood and a pocket knife, you could whittle one out in a few minutes.
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