Did New York State Just Accidentally Outlaw ALL Firearms?

CottShop:

http://www.buffalonews.com/apps/pbcs.dll/article?AID=/20130117/CITYANDREGION/130119276/1002
A Hamburg attorney is part of a group of lawyers across New York State that is preparing a lawsuit to fight Gov. Andrew M. Cuomo’s new gun control laws.
Jim Tresmond said the coalition of attorneys is targeting how the just-passed SAFE Act violates the Fifth Amendment, which protects against abuse of government authority in a legal procedure.
The government, Tresmond said, “is restricted from taking anything without due process or without just compensation for what is being taken.”

Megan Kelley is no legal expert and Tresmond is approaching this lawsuit from a Fifth Amendment perspective:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.[1]

has anyone seen the drudge byline indicating the NYC pd is bound by the same restrictions?

cuomo disarmed the police.

stupid is as stupid does.

265.2 exempts 5 pages of people/activities from 265.1. (police,military, gun manutacturers, gunsmiths...)

It is tough to read, but I think they put the law in a place that exempts all their buddies. (so much for equal protection under the law)

265.01 among others - my typo.

[[Tresmond is approaching this lawsuit from a Fifth Amendment perspective:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.[1]]]

Really? I’m not seeign hte argument? The peopel aren’t being summoned to answerr charges agaisnt htem? I’m havign a hard tiem seeing hte points of the argument there?

[[The government, Tresmond said, “is restricted from taking anything without due process or without just compensation for what is being taken.”]]

This statement seems to havem ore weight if there is a clause or amendment that states this? However aspaprentyl the cosntitution does allow the government to regulate things, and even to confiscate, such as immediately removign children from ‘unfit parent’s’ homes (Yes, they later get ‘due process, however, you know that if the kids are removed, then the state will NEVER admit they made a msitake and iwll NEVER relinquish the kids back to hte parents except in rare cases)

I still beleive that the gov and his lawyers arn’t stupid and he is ‘within his rights’ doiugn what he did and that legal arguments are goign to likely fail and that the only effective means of fightign htis unprecidented gun grab is for non violent civil disobedience liek previosuly described-

I hiope the lawyer can do it, but I do not beleive he has a strogn enough argument because kkkuomo and his lawyers no doubt know they have the ‘right’ to regulate as they see fit and no doubt know how to manipulate the ‘due process’ issue too

IF he stood there and said “NY’ers atre no logner allowed to own any guns’ then that would be a blatant clear violation of hte secodn amendment, but the way He’s confiscatign guns is by ‘complying with’ the cosntitution while makign it nearly impossible to get and own a gun- and nothign is goign to detere him- IF by soem miracle he loses the battle, he’ll simply enact another ‘emercency bill’ that is more carefulyl worded, and likely more restrictive strill-

[[Megan Kelley is no legal expert]]

Actually she was a lawyer- and apaprently the constitution does contain the idea that the gov can ‘regulate guns’- which means that the gov is ‘within his rights’ doign what he did- which is why I strongly beleive that legal action will not hold- The case of heaklth care and the supreme court had a much stronger argument- and even that lost when it was clearly a violation of the constitution- roberts didn’t evne deny that- he simply washed his hands of his duty to uphold the constitution, blamed Americans for the uncosntitutional actiosn of the perez- and gave the green lgith to hte perez to keep doign the same thing

Tresmond has a very large hill to climb- I wish him luck, becuase it’s apaprent that NY’ers don’t give a crap abotu standign up for hteir rights the way they should

CottShop, the part of the Fifth Amendment that Tresmond is pursuing is:

“nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

The new gun law provides for no compensation for being forced to turn in what was legal and was grandfathered in the previous gun law. Tresmond is an expert in Constitutional law.

[[Tresmond is an expert in Constitutional law.]]

I don’t doubt that- liek i said, I don’t know law- and thought he probably knew thigns i’m not aware of- I wish him luck- I’m just jaded after constitutional experts assured us there was no waty the surpeme court coudkl possibly vote for obeemercare

CottShop, I've been discussing this on my web forum and one of the co-founders brought up this point:

"14th Amendment: Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
So, this statute violates two parts of the 14th Amendment, in that they are abridging the rights of citizens (rights which already were declared not to be infringed) and that they are depriving people of property without due process by forcing them to sell property with an ex post facto ban.
Add in an exemption for police in the ban and they have denied people equal protection under the law.

So this new law also violates the 14th Amendment.

Thanks Rochester for gathering this info- I’m pretty shook about the idea that our govenrment has been tryign to blatantly remove our constitutional rights, and religiosu freedoms over hte past 4 years, and when NY’s gov did what he did- it was quite unnerving to say the least- I truyl hope the law will prevail through suits- that woudl be the best result for everyone, and hopefulyl it can go this way-

[[No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law;]]

My concern with hte wahy this is written, is this, does the first sentence about abridgign include the clause of the secodn sentence “Without due process’? Or does it end with a difinitive ‘shall not ‘Abridge’- period.? If thel atter, then it seems to me we stand a good chance- if it includes the clause of the secodn sentence, (or raTHER the that it includes the wording of hte secodn sentence0- ‘withotu due process’ then I think it’s not as strong a case asgaisnt hte government

The supreme court rukled that states can’t ban guns (not sure the exact ruling o nthat- perhaps it was just for handguns- ) perhaps htis hsoudl be worked into the argument too- not sure it’s relevent ot the issue that NY caused, but it might-

[[Add in an exemption for police in the ban and they have denied people equal protection under the law.]]

This I woudl think woudl be a very strong argument- that the state is attemtpting not to regulate guns, but to deny ordinary citizens the right to ADEQUATE self defense- (there are some dolts in congress o nthe left declaring that ‘we don’t need more than 2-4 shots per gun’ but I’m not sure hwo appointed thsoe dolts as my conscience and and made htem my decision maker when I’m perfectly capable of deciding for myself how many bullets I want loaded in my gun IF the situation ever arose that I needed to protect myself-

IF secret service get to use large capacity cartridges to protect washington elites, and retired elites, then what gives them the right to dictate I can’t do likewise? Are we less important? Do they not care that we coudl easily run out of ammo with small amounts of ammo loaded and coudl be murdered?

I see the left keeps mentioning the rare cases of school shootings as ‘justification for’ gun bans, however, I never see them mention how many children were ifnact saved via guns- perhaps hte lawyer shoudl somehow work these stats into the argument- I dunno-

The fact is that law abiding citizens are being put in danger by our govenrment simply because a few crazy peopel snappend in rare cases, and they are demanding that we be less protected- and apaprentl the left doesn’t care that we will be helpless agaisnt ARMED and dangerous criminals- We have a basic right to protect ourselves usign EFFECTIVE means of self protection- the left has demanded that we we rely on INNEFECTIVE means (howe many people called 911 and were mrudered waitign for hte polcie to show up? Even just one is too many when the left ASSURED us that all we had to do is rely on ther police for our protection- the left lied, peopel died

CottShop, it goes to show that tyrants like Cuomo don't give a crap about the Constitution and their law abiding citizens. You and I and the rest of the Freepers here realize that law enforcement usually shows up 15 minutes after the fact. If you live in an area where gang bangers are prevalent, as they are in the city of Rochester, NY (I don't live in the city anymore, it got too dangerous!), as a result of this new law, the gang bangers will be better armed than law abiding citizens. That's the reality and proof positive that Cuomo could care less about law abiding citizens and shoved this gun law down down our throats to advance his political career. Remember this come 2016 because this arschloch plans on running for president.

We liberty loving, Constitution defending New York patriots are going to fight this!

It's been nice discussing this with you and making your acquaintance! I wish you the best!

Cottshop, an article on the civil disobedience in New York State, concerning the new gun laws:

Hit us with your best shot, Andy!
By FREDRIC U. DICKER
New York Post
Assault-rifle owners statewide are organizing a mass boycott of Gov. Cuomo’s new law mandating they register their weapons, daring officials to “come and take it away,” The Post has learned.
Gun-range owners and gun-rights advocates are encouraging hundreds of thousands of owners to defy the law, saying it’d be the largest act of civil disobedience in state history.
“I’ve heard from hundreds of people that they’re prepared to defy the law, and that number will be magnified by the thousands, by the tens of thousands, when the registration deadline comes,’’ said Brian Olesen, president of the American Shooters Supply, one of the largest gun dealers in the state.
Officials estimate at least 1 million semiautomatic rifles are owned in the state, sources said.
And come April 15, 2014 — when Cuomo is expected to be running for re-election — they all have to be registered with the State Police.
But because the rifles have been legal but unregistered until now, authorities don’t know who has them or where they are located.
State officials will be nervously watching the registration figures to see how many gun owners comply, sources said.
“I believe you will have people stepping forward, saying, ‘Here I am. See? I have what you call an assault rifle. Now come and take it away,’ ’’ said a gun-rights activist and boycott organizer.
That’s exactly what state officials are worried about.
“Many of these assault-rifle owners aren’t going to register; we realize that,’’ said a Cuomo-administration source who added that officials expect “widespread violations’’ of the new law. Owners who refuse to register could face a class-A misdemeanor — punishable by up to a year in prison.
And an owner’s weapon could also be confiscated, which could be worth several thousands of dollars.
National Rifle Association President David Keene told The Post yesterday that he wasn’t surprised by the planned boycott.
“While we don’t get involved in campaigns to resist the law, I will say this: Historic experience here and in Canada shows that when you try to force gun owners into a registration and licensing system, there’s usually mass opposition and mass noncompliance,” he said. “I think it’s going to be very difficult for the governor to get mass compliance with this new law.”
Leaders of some of the state’s 300 gun clubs, gun dealers and Second Amendment organizations are organizing the boycott — and the heaviest interest is in Suffolk County, the Capital District and the Buffalo region, sources said.
The organizers point to a little-known guarantee of gun ownership contained in New York’s own “Civil Rights Law,” which was ratified the same year as the Constitution .
The state statute says the right to keep and bear arms “cannot be infringed” — stronger than the Second Amendment, which says it “shall not be infringed.’’
“They’re saying, ‘F--- the governor! F--- Cuomo! We’re not going to register our guns,’ and I think they’re serious. People are not going to do it. People are going to resist,’’ said State Rifle and Pistol Association President Tom King, a member of the NRA board of directors. “They’re taking one of our guaranteed civil rights, and they’re taking it away.’’
Olesen said he’ll soon launch a nonprofit, to be called Save the Second Amendment Foundation,’ to fight the new law.

CottShop, a report on the "Guns Across America" rally that was held in Albany, this past Saturday, 1/19/2013:

Cuomo awakens the sleeping giant
By Dick Nelson
Register-Star
Forget the NFC and AFC Championship football games and that the San Francisco 49ers and Baltimore Ravens will clash in Super Bowl XLVII on Feb. 3, the biggest news this past weekend was the pro-gun rally in Albany.
It may have taken more than 50 years, but if the number of people who participated in a Guns Across America event in front of the state Capitol in Albany on Saturday is any indication of how New York gunowners feel about their Constitutional right to keep and bear arms, it appears Gov. Andrew Cuomo’s Secure Ammunition and Firearms Enforcement Act (SAFE Act) has awakened the sleeping giant.
An estimated 5,000 people took part in the national event — an occurrence that simultaneously took place in 49 capital cities across the U.S. — some drawing fewer than 200 demonstrators, others, such as the one held in Albany, attracting thousands.
Originated by Eric Reed, an airline pilot from Houston, the event sprouted wings the minute Reed placed the concept on his Facebook page looking for state organizers. That’s where Johanna Johnson-Smith — or JJ, as she prefers to be called — read and responded to Reed’s “call to arms,” and while she had no experience in organizing anything involving gun rights, she — in true Texas fashion — took the bull by the horns and turned the event into the biggest pro-gun rally this state has ever seen.
And, unlike other pro-gun and/or pro-sportsmen gatherings where participants were told to keep a low profile by being dressed in suit and tie and discouraged from carrying signs and banners, JJ’s message to the masses was to dress for the weather and display anything that would express the injustice.
And that they did. Carrying hundreds of handmade signs depicting their disgust and displeasure with Cuomo, Senate Majority Leader Dean Skelos and other legislators who voted in favor of the SAFE Act — a bill that essentially turned many law-abiding citizens into criminals — they raised signs that read: “Criminals Don’t Obey Gun Laws;” “Terrorists Love Liberals;” “Benedict Skelos;” “Impeach Cuomo;” “Repeal and Negate;” “Only Criminals and Government Want to Disarm the Public;” and “The 2nd Amendment isn’t about hunting.” And, to assert their right to own firearms and to denounce recent gun-control efforts, sisters Naphtali and Naomi Rothrock, of Sprakers, displayed a sign reading “I need over 7 rounds. Rapists are harder to kill than deer.”
Many of the attendees carried American flags, some of which displayed the Betsy Ross flag of 13 stars in a circle; others held the historical Gadsden flag depicting a striking rattlesnake and the words “Don’t tread on me.”
While Hudson’s Don LaValley and his son, Don, Jr., or Catskill’s Ed Rodgers, didn’t bring any signs or flags with them, both were impressed with the turnout and each got caught up in the enthusiasm, intensified with chants of “We the People,” “USA” and “Freedom.” There were probably hundreds of other familiar faces in attendance that hailed from Albany, Columbia, Delaware, Greene and Schoharie counties, but with a sea of bodies that stretched from State Street to Washington Avenue and beyond, many had gone unnoticed.
The event was heightened with up-lifting speeches from several guest speakers, including Assemblyman Jim Tedisco (R,C,I District 112) who ended his soliloquy with a moment of silence for those who were killed in mass murders; Assemblyman Steve McLaughlin (R,C District 107) who, speaking of the governors newly passed anti-gun law said, “This was abuse of power by a man who wanted to be president but now never will,” and, “The battle is not over. It has just begun.”
To his credit, former Sen. George Amedore — who just lost his 46th District seat to Democrat Cecilia Tkaczyk — was there speaking about the importance of preserving our Second Amendment rights, and New York State Rifle and Pistol Association President Tom King, galvanized the group further with his words, saying later that the NYSRPA or the NRA aren’t going to stand by and let the Cuomo administration take away our liberties guaranteed by both the U.S. and state Constitutions.
Before stepping away from the podium, King presented JJ with a $1,000 check to help cover expenses.
In addition to the NYSRPA contribution, a box was passed around to help cover expenses for this and future rallies and, according to JJ, when the box was brought back to the staging area it was stuffed with bills of every denomination, including $100s and $50s. Unfortunately, JJ never received any of the money, saying it was high-jacked by Lisa Donavan, Vice Chair of the Upstate Conservative Coalition’s Political Action Committee. Why Donavan thought her group was entitled to the donations, which JJ estimated to be in the thousands of dollars is something she is determined to find out. “Other than laying $600 out for the Porta Potties, the Upstate Conservative Coalition had little to do with the event,” JJ said, adding that Donavan added insult to injury by wanting another $600 to cover the cost of the Porta Potties when the NYSRPA check is cashed.
Other than that, JJ was pleased with the turnout and how smoothly and peacefully everything went. “You never know what can happen with a group of this size, but all of the participants — which included a large number of women, children and other family members — were extremely well behaved,” she said.
Curious as to why Donavan walked away with the box of money, and after speaking with JJ, I emailed the UCC asking for Donavan to call me (the UCC website http://www.upstateconservatives.org/ doesn’t contain a phone number), but as of press time I haven’t received a response. Meanwhile, King later told me the NYSRPA, in conjunction with the NRA, will be filing a “Notice of Claim” prior to submitting a brief on the merits of the constitutionality of the new SAFE Act. Obviously referring to an email sent out by a Buffalo-area attorney who is getting ready to file a class-action lawsuit against the state of New York in Federal Court, King said “This is a very important proceeding and must be handled properly with the best Second Amendment lawyers, and we have two of the nation’s finest.”
To help offset attorney fees and other costs, King is asking everyone with an interest in maintaining their Second Amendment rights to support these efforts by making a contribution. This can be done online at: http://www.kintera.org/AutoGen/Simple/Donor.asp?ievent=1033969&en=ajKJIXNDK9KSL7NGL8JOL9MXJkIML1PKJlI0IdOXKtI9G, or by regular mail by sending a check or money order payable to: NYSRPA, 90 S. Swan Street Suite 395, Albany, NY 12210.
In yet another fundraiser in support of the Second Amendment, the Federated Sportsmen’s Clubs Of Ulster County (http://www.FSCUC.com), in conjunction with the Grassroots Advocates for the 2nd Amendment (http://www.GA2A.org), is sponsoring a Pancake Breakfast and Rally on Sunday at the Accord Fire Company, 22 Main Street, Accord, from 8 a.m. to 1 p.m.
It would also help if every gunowner in the country was a member of the NRA, and right now the grassroots lobby group is offering a life membership for $300. It used to be that you needed an existing life member to sponsor you, but with an all-out assault on gunowners, the NRA has forgone that requirement. If interested, call 1-888-678-7894.

[[Assault-rifle owners statewide are organizing a mass boycott of Gov. Cuomo’s new law mandating they register their weapons, daring officials to “come and take it away,” The Post has learned. ]]

Oh man- You don’t know how much that lifted my heart- I really thought NY was becoming a lsot cause like Cali and Chicago- Really, just that one lien alone was enough to give me much hope- I hoenstly think this is the only way the lefct is goign to get the message- and if that isn’t strong enough a message, I think it should be taken to the next level by refusign to pay state taxes until the peopel get fair representation i n their state govenrment- but let’s hoep and pray it doesn’t have to coem to that

[[Gun-range owners and gun-rights advocates are encouraging hundreds of thousands of owners to defy the law, saying it’d be the largest act of civil disobedience in state history.]]

Wow- What a storng message too- the only thing that coudl make it strogner is IF other states woudl rally behind NY gun owners and declare that they will not comply with similar federal laws too- I see soem districts in places liek oregon and other staters are sayign htey won’t- I do hope that this becoemsw a movement that can no longer be ignored by washington and NY- to let htem know that the governors and peres and mayors etc are all officially on notice that they had better begin representign hte peopel, or their jobs will be in jeaopardy

[[Olesen said he’ll soon launch a nonprofit, to be called Save the Second Amendment Foundation,’ to fight the new law.]]

I’ll donate money to help them resist if the monety will go to supporting marches and protests etc- Gun rights are a big big issue- and I hope enough peopel will come to realize just hopw important hte right to bear arms really is, and how serious a breach of hte constitution the gun laws are- We are losign our freedoms, and this last attempt by kkkuomo was the most brazen and blatant violation yet- it was a very serious deal- I hoep more peopel in NY will wake up and see that theiur gov is a lunatic drunk on power who thinks he can do whatever he wants- Even goign so far as to tell folsk what they can and can’t buy at fast food joints- He’s truly a power drunk lunatic in my opinion (even his father showed signs of the same pwoer drunk lunacy- but he wasn’t quite as bad as son)

Thank You very much for keepign me up to date o nthsi issue- there have been 3 very important issues this past year that were direct threats to our consitutional rights, and I was seeign all three of them on the verge of beign lost- one is lost- the surpeme court decision to allow the unconstitutional health care law-

The other issue was George Zimmerman and the blatant vioaltion of his rights, and his false arrest and the corrupt DA and the unbelievable aqnti-American death threats agaisnt him- egged on by scum liek sharpton, jackson, and others- even egged on by his highness in washington- then we got to see his highenss whip everyone into a frenzy agaisnt george, then turn his back on him once hte frenzy got goign full steam

I never in my wildest dreams beleived we coudl have a ‘leader’ who woudl sink to such evil- Wow, Was I wrong!

Then the gun confiscation law of NY and mandated mental health exams- I just coudl not beleive what I was hearing- it was almsot surreal-

I heard a fella on fox the other day- he was some higher up- and it became very apaprent the lien hte left is goign to take very soon (and infact NY is in the process of taking)

This fella claimed that gun owners ‘coudl one day snap and becoem criminals, therefore all guns shoudl be banned-

See what thel eft is doign here? with NY mandating mental health exams? They are banning soemthign based o nthe idea that ‘somethign ‘could happen’ in the future’! But htey are beign very selective i nthe things they deem ‘unsafe for the public’ for isntance, ‘someoen could snap and take hteir car and run it into a crowd at soem point i nthe future, therefore, all cars shoudl be banned ‘for the safety of the public’

NY and hte left are openign a can of worms, and the tiem is now to prevent it- lawyers MUST have thsi settled now in courts- and the pbulic MUST put the left on noticve that htey have goen way way too far- the time is now- to wait is to lose hte battle altogether I beleive because peopel have a very short attention span- they get outraged, steam for al ittle bit abotu it, then just accept it and move on to a new issue- we can’t let that happen here-

I’m very encouraged to see the articles you provided-

CottShop, we have to fight this and realize the eyes of the Nation are watching to see what the reaction from the citizens will be; the big-government statists who are wanting to disarm the citizens in their states and citizen patriots, who are encouraging us from the wings! It’s going to be a hard fight though as tyrants like Cuomo, Schumer and Bloomberg aren’t going to give up easily.

[[CottShop, we have to fight this and realize the eyes of the Nation are watching to see what the reaction from the citizens will be;]]

Absolutely, and what really burns me is the fact that the news stations are only concentrating on the federla PROPOSALS, and ignoring the actual LAWS that NY has already unconstitutionally put in place- the news shoudl be jumping all over the attempt at unconstitutionally grabbign guns in NY, but they are ignorign it and isnteasd focussing on the federal attempt which most l ikely doesn’t even stand a chance of passing and ism ostl ikely nothign but a show by his highenss to appear presidential- NY has already violated gthe constitution, and it gets ignored i nthe press?

This nation NEEDS to rally behinsd NY RIGHT NOW- not a few months down the road, not a year- RIGHT NOW-

This is what I meant earleir when I said there needs to be a massive effort to stand up to these thugs in office- It is goign to take a nation to send a clear message to the left that they are officially beign put on noticve that if they are goign to trampel our rights, they are goign to lsoe hteir jobs

As I said in another thread, can you imagine IF the gov of NY or hisd highenss himself in washington said “We’re not takign away your right to free speech, but we’re tellign you that if you don’t register yourself witrh hte state, you will be prevented from speakign in public, and if you don’t pass a state and federally mandated mental health evaluation, you will forfeit your right to free speech’? Can you imagien hte uproar then?

Where is the oputrage abotu the very same thing beign said abotu our right to own guns? (I know there is soem outrage- I’m gladdened to see the articles you posted- that did my heart a world of good to see those-) But I think this NATION needs to get behind NY right now- his higness it is said, backed down when he was surprised at how many peopel were goign otu and buyign guns- it shocked him- but the leader in NY is NOT backign down- and just proves he is a tyrant that doesn’t care what the peopel think- I realyl hope the nation comes to the support of NY on this-