Can/Will NY Be Sued?

yanici

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Can the State of NY be sued for violating their citizens 2nd Amendment rights. They are definately "infringing" on what is a common use firearm used by civilians for hunting, sport, and personal protection. The average law abiding gun owner will now easily be outgunned by crininals.
 

ThePreBanMan

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Yes they can, and yes they will be. This law violates Heller. It bans firearms that are "commonly available". The magazine ban specifically hasn't been tested in the courts though - but the outright ban on firearms that have detachable magazines is unconstitutional.
 

LittleCalm

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And it makes any gun inoperable for which a 7 round mag is not available (i.e., sure, you can sell the mag but then you have a useless gun -- just the way they want it). So you have all these semi-auto pistols that are in common use but not even made anymore for which there are only 8+ 0r 10+ round mags. I don't see how the mag limit or the AW "taking" survives Heller. Or the restrictions on transfers of AWs. I think the state can require you transfer through an FFL, but beyond that it seems like a taking.
 
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As ThePreBanMan said, yes they can and yes they will. But it will take years for it to be litigated.

Years to get litigated, days for losses of Freedom. Amazing isn't it. We know what the deal is here, the Pols, and Switch pullers are afraid. As Derek alluded to, they should be.
 
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I don't think anyone knows how any suits would be viewed by the courts.

However, one thing we do know is that with 4 more Obama years coming, there will be more liberal court appointments, which means the courts will be less 2A friendly as a whole and a lot more amenable to restrictions.
 
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as said before no one makes 7 rounds mags, making every pistol in the state a paper weight (infringement) .

and they too know it will be years before this case sees a courtroom...

i tell anyone and everyone, if youre a victim of crime forget the perp, sue the state!
 
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First post in the thread linked above:

Lawyer : Jim Tresmond, Attorney in Buffalo, New York. Attorney phone is 716.202.4301

Successfully represented clients in the past on Second Amendment issues in NYS Supreme Court. This case is pro-bono for all the gun owners of New York.

According to Mr. Tresmond the new ban is illegal as it is an ex-facto law taking away previously owned property and he intends to file this action in Federal Court.

We are looking for as many as possible to add to CLASS ACTION CASE:

SEND Your Name and EMAIL ADDRESS, Address and phone number to:

[email protected]

WE ARE COLLECTING AS MANY AS POSSIBLE AS QUICKLY AS POSSIBLE!!!
 

ThePreBanMan

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As ThePreBanMan said, yes they can and yes they will. But it will take years for it to be litigated.


yes - litigation will take years, but an injunction preventing the bans enforcement can be almost immediate.

- - - Updated - - -

First post in the thread linked above:

Lawyer : Jim Tresmond, Attorney in Buffalo, New York. Attorney phone is 716.202.4301

Successfully represented clients in the past on Second Amendment issues in NYS Supreme Court. This case is pro-bono for all the gun owners of New York.

According to Mr. Tresmond the new ban is illegal as it is an ex-facto law taking away previously owned property and he intends to file this action in Federal Court.

We are looking for as many as possible to add to CLASS ACTION CASE:

SEND Your Name and EMAIL ADDRESS, Address and phone number to:

[email protected]

WE ARE COLLECTING AS MANY AS POSSIBLE AS QUICKLY AS POSSIBLE!!!

This should be its own thread -a and made a sticky!
 
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Holy sh*t. This is way more extreme than an assault weapons ban or a 30 round magazine ban, this IS functionally disarming all NY citizens and certainly I view it as a very egregious violation of 2A rights.
 

warwickben

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Think about this you have to turn ur mags in or sell them. Sure they won't let them be mailed out .
You get pulled over trying to drive out of state u get busted for not having them in your home or going to a range .
 

WanMan99

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First thing is to file for injunctive relief stopping any magazine "turn in", "magazine ban" or "semi-automatic rifle and handgun ban". Then sue the crap out of the state and let that suit go through the decade long wait that will be sure to come.
 

center442

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And it makes any gun inoperable for which a 7 round mag is not available (i.e., sure, you can sell the mag but then you have a useless gun -- just the way they want it). So you have all these semi-auto pistols that are in common use but not even made anymore for which there are only 8+ 0r 10+ round mags. I don't see how the mag limit or the AW "taking" survives Heller. Or the restrictions on transfers of AWs. I think the state can require you transfer through an FFL, but beyond that it seems like a taking.

There are several issues at play here. When I first read the news article(s) my reaction was that this amounts to a 'taking,' and a taking without remuneration. You have property that you legally acquired and possessed. The state has now determined that you can no longer own/transfer/sell that property, or has greatly limited your ability to do so. Your property has now decreased in value. You have suffered economic damage without compensation.

The mag limit is uncharted water, but it effectively renders many guns useless. Imagine if you had a car that required 93 octane gas. The government outlaws 93 octane gas. Your car either won't run on lower octane, or runs really crappy. It's not a great analogy, but it's the best I can come up with on short notice.

I'm going to stop here, because there's a lot more ground to cover, including but not limited to the argument about "arms in common use."

Watch NY carefully. Whatever stupidity they get away with there we can expect to see some variation of it in the PRM. [frown]
 
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I don't think anyone knows how any suits would be viewed by the courts.

However, one thing we do know is that with 4 more Obama years coming, there will be more liberal court appointments, which means the courts will be less 2A friendly as a whole and a lot more amenable to restrictions.
*******
You are correct. We better hope one of the "conservative" judges doesn't die in the next four years.
 
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