Gun Supporters Lose Huge Battle in New York

[jobes]

A New York state judge dismissed a challenge to New York’s controversial and sweeping gun control law, rejecting a state constitutional challenge over procedure in which the law was passed.

http://www.theblaze.com/wp-content/uploads/2014/04/600x375.jpg

Russ Thompson, left, a Tea Party activist, watches as Don Conanstio shreds documents during a rally outside the Mahoney State building in Buffalo, NY to voice his opposition against the deadline to register any assault rifles that you owned previous to the passage of the SAFE Act on, Tuesday, April 15, 2014. Owners of assault-style weapons were supposed to have registered their guns by Tuesday. (AP Photo/The Buffalo News, Harry Scull Jr.)

Robert Schulz of the group “We the People of New York,” along with hundreds of co-plaintiffs, sought an injunction claiming the law was rushed through the legislature when Gov. Andrew Cuomo, a Democrat, waived the 3-day waiting period for passing legislation. The three-day period is intended to allow legislators to read a bill, but Cuomo made the exemptions after essentially detailing it an emergency measure.

But state Supreme Court Judge Thomas McNamara ruled that the state did nothing unconstitutional.

“Though plaintiffs assert in the complaint that the Safe Act infringes upon rights granted by this provision of the constitution, they do not point to any right created thereby nor is one apparent,” McNamara said in his ruling, according to the Syracuse Post Standard.

What Cuomo called a “message of necessity” to pass the bill without a normal three-day waiting period was not unconstitutional, McNamara said.

“While plaintiffs may disagree with the governor’s and the legislature’s assessment of the need to act quickly, the governor included in his certificate a recitation of his reasons for urging speedy passage,” the judge said. “That is all the constitution requires.”

Schulz said he would appeal the case.

The gun control law called the New York Secure Ammunition and Firearms Enforcement Act of 2013, better known as the NY SAFE Act, bans possession of “high capacity magazines,” expands background checks for gun buyers and gun dealers, requires registry of so-called “assault weapons,” broadens the definition of “assault weapon” and bans the Internet sale of guns.

(H/T: Bearing Arms)

[Tango7]

Yeah, much like it took involving the feds to change Illannoys law, the UNSAFE act is headed to SCOTUS.

[domin8]

The writing was on the wall. Nobody should be surprised by this.

[lockman]

It's a hot potato. I did not expect anything else out of a lower NY state court.

[SiliconSorcerer]

"bans the Internet sale of guns."

That got to be one of the stupidest things I've ever heard, you don't want them to have the firearms but you don't want them to sell them, nearly impossible to enforce, and someone could always just sell the box and include a free firearm, insane...

[Hap]

The question of whether laws like this can be rushed through the legislature as "emergency" measures is an interesting question (to which I think the answer will ultimately turn out to be "no") but in the end is just a distraction from the Constitutional issues raised by the laws themselves.

[GAS3987]

I never thought I would say I am glad to live in Illinois... as compared to states like New York.

 

What a joke! Never register any firearm.

[pilotguy]

Nobody expected any other result at this level.

[Nanook]

There must be something in the water up in the former colonies. To think the eastern states once formed the original US, and fought against the British. Hard to imagine them doing that now in similar circumstances. Most of the former colonies, at least the northern ones, are worse than IL.

 

NY, MA, NJ, MD are all worse than here. VA, GA, SC, and NC are pretty good, with VA and GA being excellent. NC is a little weak with handguns limits and so forth. Vermont is good to go. NH may go like MA. I'm not sure about Maine. CT is a goner. PA is pretty good, although they did elect some left-wing moonbat who's heck bent on gutting gun laws there. She's already messed with CCW, since you now have to appear in person to get a permit, unlike before she got in.

 

Not for the first time, somebody on another forum said the Founders would have been shooting already.

[BradS]

I never thought I would say I am glad to live in Illinois... as compared to states like New York.

 

What a joke! Never register any firearm.

 

Why register individual guns when you can register owners via the FOID card system?

[GAS3987]

 

I never thought I would say I am glad to live in Illinois... as compared to states like New York.

 

What a joke! Never register any firearm.

Why register individual guns when you can register owners via the FOID card system?

 

 

True. How do I, coming in at over 30 years after the FOID has been established, protest it?

 

Also, I know some people who have FOID cards but no guns at all.

[junglebob]

There must be something in the water up in the former colonies. To think the eastern states once formed the original US, and fought against the British. Hard to imagine them doing that now in similar circumstances. Most of the former colonies, at least the northern ones, are worse than IL.

 

NY, MA, NJ, MD are all worse than here. VA, GA, SC, and NC are pretty good, with VA and GA being excellent. NC is a little weak with handguns limits and so forth. Vermont is good to go. NH may go like MA. I'm not sure about Maine. CT is a goner. PA is pretty good, although they did elect some left-wing moonbat who's heck bent on gutting gun laws there. She's already messed with CCW, since you now have to appear in person to get a permit, unlike before she got in.

 

Not for the first time, somebody on another forum said the Founders would have been shooting already.

 

You forgot to include Hawaii in your worse than here list.

[AlphaKoncepts aka CGS]

 

I never thought I would say I am glad to live in Illinois... as compared to states like New York.

 

What a joke! Never register any firearm.

Why register individual guns when you can register owners via the FOID card system?

 

Not every FOID card holder owns a gun and not every foid card holder owns just one gun.

[vito]

I have a 99 year old mother who lives in NY. Several times a year I travel there to see her, never knowing if each visit will be my last. Each time I go I pass through NJ as well. Not knowing if a NJ or NY law enforcement officer can determine that I possess several concealed carry licenses from several states, and knowing how serious a felony it is to even have a handgun in your automobile in those states, I travel totally unarmed. Especially since I have received my IL CCW and have been carrying every day for the last 7 weeks, traveling unarmed makes me feel naked. Worse, going to NJ and NY make me feel like I am entering a foreign, and not very friendly country. I have already told my brother and sister, who both still are in or around NYC, that once Mom is gone, they will need to come to Illinois to see me, because I will never willingly come back to NY. My one hope is that someday we will see federal pre-emption, so that CCW is like a drivers license where every state must recognize the ones from every other state.

[GAS3987]

I have a 99 year old mother who lives in NY. Several times a year I travel there to see her, never knowing if each visit will be my last. Each time I go I pass through NJ as well. Not knowing if a NJ or NY law enforcement officer can determine that I possess several concealed carry licenses from several states, and knowing how serious a felony it is to even have a handgun in your automobile in those states, I travel totally unarmed. Especially since I have received my IL CCW and have been carrying every day for the last 7 weeks, traveling unarmed makes me feel naked. Worse, going to NJ and NY make me feel like I am entering a foreign, and not very friendly country. I have already told my brother and sister, who both still are in or around NYC, that once Mom is gone, they will need to come to Illinois to see me, because I will never willingly come back to NY. My one hope is that someday we will see federal pre-emption, so that CCW is like a drivers license where every state must recognize the ones from every other state.

 

 

This concerns me, because my wife (and I to a lesser degree) would like to travel that way in the future, maybe. And I really, really do not want to knowingly go that far from home unarmed.

[Sharz96]

There is a lot more of the northeast that I haven't seen and three years ago, I'd have said I wanted to see. Not so much any more. Illinois is bad enough, I really don't need to vacation with that crap, too. I'm thinking the south and west will be my travel choices for the future.