Magazine Download requirement may be history. I'll have more info soon

dcmdon

NES Member
Rating - 100%
27   0   1
Joined
Jan 27, 2009
Messages
12,199
Likes
1,711
Location
Southeastern CT and Boston Metro West
Dear All,

A FEDERAL judge yesterday upheld most of the NY Safe act. But struck down the part about forcing people to download their mags to 7 rounds.

If we are in the same district (not sure if district is the right term) would that decision not apply to CT also?

Its small, but it could be a minor victory for CT gun owners with no effort on their part. If you aren't familiar with this specific part of the new CT statute, here it is.

After 4/4/13, normal capacity magazines can no longer be sold in CT. If you own a normal capacity magazine, you can only load it to capacity in your home or at a shooting range. You can not carry normal capacity magazines outside the home loaded with more than 10 rounds. Even pre-ban mags.

This is a part of the new statute that most CT gun owners ignore because the first offense is a civil infraction, with no criminal penalties.

http://www.nytimes.com/2014/01/01/nyregion/federal-judge-upholds-majority-of-new-york-gun-law.html?emc=edit_na_20131231&_r=1&
 

dcmdon

NES Member
Rating - 100%
27   0   1
Joined
Jan 27, 2009
Messages
12,199
Likes
1,711
Location
Southeastern CT and Boston Metro West
Its not a dupe.

There is a thread in the general section that only relates to the decision.

This thread is meant to discuss how it might apply to the CT law and to provide information around this as it becomes available.

If this if NY is in the same district/circuit or whatever the correct term is, as CT, then this applies to CT.
 

terraformer

NES Member
Rating - 100%
31   0   0
Joined
May 17, 2008
Messages
16,823
Likes
2,276
It's not a dupe but it's largely irrelevant. The decision is not applicable to CT at all.
 

dcmdon

NES Member
Rating - 100%
27   0   1
Joined
Jan 27, 2009
Messages
12,199
Likes
1,711
Location
Southeastern CT and Boston Metro West
It's not a dupe but it's largely irrelevant. The decision is not applicable to CT at all.
It is definitely relevant. CT has the same kind of requirement for owners of mags that hold more than 10 rounds. The judges opinion didn't center round the actual number of rounds, but around the requirement to load a mag to less than capacity.

Its in Federal court, so it has some precedent value. If this NY court is in the same district/circuit as CT it would directly apply.

Terraformer - You are clearly someone with a good understanding of law. If you think its irrelevant, it would be great if you could explain why.

Thanks.
 
Rating - 100%
1   0   0
Joined
Jul 30, 2009
Messages
4,716
Likes
522
IANAL, but as I understand it...

It's a Federal District Court ruling, which only affects that district (NY), and generally has no binding precedential effect.

If/when it is appealed to the Federal Circuit Court (2nd Circuit CoA), their decision would be binding on CT, NY and VT.
 

terraformer

NES Member
Rating - 100%
31   0   0
Joined
May 17, 2008
Messages
16,823
Likes
2,276
What Kevlar said. It's actually more interesting than that though. NY has 3 federal districts. Western, eastern and southern. I don't know for sure since I have not researched it to know how specifically these three districts relate to each other, but it's highly probable that the law is still on effect in eastern and southern districts. Though it's effectively dead because even a judge hostile to the second amendment saw how absurd that requirement was. It's not even defensible under rational basis if you take the word rational seriously.
 

dcmdon

NES Member
Rating - 100%
27   0   1
Joined
Jan 27, 2009
Messages
12,199
Likes
1,711
Location
Southeastern CT and Boston Metro West
Agreed.

Also, although this legal precedent is only binding on whatever district this happened in, it IS something that federal judges in other districts would take into account if presented with the same situation.

Son next question. If this goes up to the circuit level. Is CT in the same Circuit as NY?
 

dcmdon

NES Member
Rating - 100%
27   0   1
Joined
Jan 27, 2009
Messages
12,199
Likes
1,711
Location
Southeastern CT and Boston Metro West
People actually follow this law? Sheep. [puke]
Nobody that I know does. Like I said, the first time they catch you its not even a misdemeanor, its a civil infraction.

But really, how is this different from MA people obeying their magazine law and carrying 10 round mags in their firearms that were originally designed to hold more than that?

MA people have a choice. Standard capacity mags are just a quick drive over the NH, VT, RI, and until recently CT border.

But then again, if a MA person gets caught carrying with a post ban standard capacity mag, there is a good chance they will face criminal charges and have all their guns confiscated.

At least for now, owning a firearm is still a right in CT, unlike MA.
 
Rating - 100%
1   0   0
Joined
Jul 30, 2009
Messages
4,716
Likes
522
What Kevlar said. It's actually more interesting than that though. NY has 3 federal districts. Western, eastern and southern. I don't know for sure since I have not researched it to know how specifically these three districts relate to each other, but it's highly probable that the law is still on effect in eastern and southern districts.
+1

NY actually has four districts, but I am also unsure of the impact of this decision, if any, on the remaining districts.



If this goes up to the circuit level. Is CT in the same Circuit as NY?
Yes, 2nd Circuit Court of Appeals covers CT, NY and VT. (Federal Circuit & District Court Map)
 

dcmdon

NES Member
Rating - 100%
27   0   1
Joined
Jan 27, 2009
Messages
12,199
Likes
1,711
Location
Southeastern CT and Boston Metro West

CTpatriot

Banned
Rating - 100%
3   0   0
Joined
Feb 13, 2013
Messages
7,750
Likes
1,027

dcmdon

NES Member
Rating - 100%
27   0   1
Joined
Jan 27, 2009
Messages
12,199
Likes
1,711
Location
Southeastern CT and Boston Metro West
Just the other day, I was talking to the socially awkward child of divorced parents with a disinterested father and overindulgent mother isolated loner addicted to violent video games who said that because of the law, he now only puts 10 rounds in his Tec 9 magazines. He still loads his street sweeper to capacity though. Cause his mom says its ok. Strange, I haven't heard from her in a few days.
 
Last edited:
Top Bottom