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Lawsuit Derails Nassau NY Handgun Ban
ammoland.com ^ | 11 November, 2009 | na

Posted on 11/12/2009 5:26:24 AM PST by marktwain

Mineola, NY –-(AmmoLand.com)- The Nassau County local law banning the possession of handguns mislabeled “deceptively colored” remains on hold indefinitely pending the outcome of a legal challenge by gun-rights activists.

In June 2008, Nassau passed Local Law #5, criminalizing the possession and sale of “deceptively colored handguns” as a supposed danger to law enforcement. The law originally banned all handguns except for those that are “black, grey, silver, steel, nickel or army green.” It does not grandfather currently owned guns and mandates that gun owners surrender all banned guns for destruction without any compensation, and with no opportunity to sell them outside the county.

Three New York State pistol licensees—Alan Chwick of Freeport, Edward Botsch of Franklin Square, and Thomas Fess of Rochester—filed an action on July 23rd in Nassau Supreme Court (Index #: 013564/2008) to challenge the laws. The proceeding was filed pro se, with the assistance of a New York gun-rights activist and attorney.

The action sought a ruling that Nassau’s local law is invalid because it is “preempted” by New York State’s extensive gun control laws, which already ban “disguised guns.” Under the doctrine of preemption, localities may not pass laws in areas already regulated by state law, unless state law permits such local laws. The suit also sought to overturn the law because it violates the right to keep and bear arms under both the Second Amendment to the United States Constitution and a similar provision of New York State Civil Rights Laws.

(Excerpt) Read more at ammoland.com ...


TOPICS: Constitution/Conservatism; Extended News; News/Current Events; US: New York
KEYWORDS: ban; banglist; lawsuit; ny; shallnotbeinfringed
Banning guns on the basis of color. It would be funny if it weren't so serious.
1 posted on 11/12/2009 5:26:28 AM PST by marktwain
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To: marktwain

Who the hell needs a color-coordinated pistol?


2 posted on 11/12/2009 5:34:48 AM PST by domenad (In all things, in all ways, at all times, let honor guide me.)
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To: marktwain

3 posted on 11/12/2009 5:35:03 AM PST by SnuffaBolshevik
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To: marktwain
It does not grandfather currently owned guns and mandates that gun owners surrender all banned guns for destruction without any compensation, and with no opportunity to sell them outside the county.

This is the point to which all gun-grabbers want to get to at their first available opportunity. They'll not only disarm you, but they'll rob you of your property as well.

4 posted on 11/12/2009 5:44:34 AM PST by AAABEST (And the light shineth in darkness: and the darkness did not comprehend it)
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To: domenad

“Needing” has nothing to do with it.


5 posted on 11/12/2009 5:57:12 AM PST by SJSAMPLE
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To: domenad; Joe Brower
Who the hell needs a color-coordinated pistol?

Who the hell needs Jonas Brothers bobble-heads or pink Cadillacs?

Some like having certain things for their own personal reasons... or "just because," regardless of whether anyone from the government or elsewhere thinks they need it.

I believe the word for it is "freedom."


6 posted on 11/12/2009 6:02:24 AM PST by AAABEST (And the light shineth in darkness: and the darkness did not comprehend it)
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To: marktwain

Guns were banned in the Old South on the basis of color - of the owner.


7 posted on 11/12/2009 6:03:08 AM PST by Hardastarboard (Maureen Dowd is right. I DON'T like our President's color. He's a Red.)
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To: AAABEST

Um, excuse me, but I draw the line at the Jonas Brothers.


8 posted on 11/12/2009 6:07:46 AM PST by domenad (In all things, in all ways, at all times, let honor guide me.)
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To: domenad
Um, excuse me, but I draw the line at the Jonas Brothers.

FWIW, so do I.

If I ever held elected office, I'd be very tempted to make the Jonas Brothers illegal.

9 posted on 11/12/2009 6:17:57 AM PST by AAABEST (And the light shineth in darkness: and the darkness did not comprehend it)
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To: marktwain

bttt


10 posted on 11/12/2009 7:39:03 AM PST by neverdem (Xin loi minh oi)
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