Skip to comments.Constitutional Analysis of the Cuomo Gun Ban
Posted on 01/16/2013 5:47:10 AM PST by wredlich
NY Governor Andrew Cuomo's so-called SAFE Act (Secure Ammunition and Firearms Enforcement Act) is unconstitutional.
The law explicitly goes after "military-style" firearms while purporting to protect hunting and sporting purposes. The Second Amendment is not about hunting and sporting uses of arms. Despite all the disputes about the phrasing, there can't be any question that it refers to "militia" and "the security of a free state." Neither of these has anything to do with hunting or sports.
The key language in the ban shows that the legislative intent is to discriminate against "military-style" features, and favoring (in a relative sense) hunting and sporting purposes.
When the Cuomo gun ban heads to SCOTUS (as the Supreme Court of the United States is sometimes known), the Court will have to first come to grips with the purpose of the Second Amendment. While the only sensible reading is that in includes military arms, we can't count on the Court being sensible. With anemic conservatives like Kennedy and Roberts on the bench, we could end up with a ruling that leaves no purpose at all.
This would bring us to the next step - scrutiny of the challenged law. It seems likely that SCOTUS will retain the notion that there is still an individual right to keep and bear arms. Being a fundamental right, the Court will likely apply strict scrutiny: Asking whether the law narrowly tailored to a compelling state interest.
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wish someone would do an extensive background check on little Cuomo. Someone ask him how he almost broke his *** in the basement of a butcher shop.... (only old time retired detectives can tell you that story)
Scalia, one of the more conservative minds on the court, is on record (D.C. gun ban challenge case) as saying that there can be constraints on the 2nd Amendment.
When it comes to this tom fool there is no high ground.
Are the leftists pretending that the Second Amendment is about recreation - hunting and punching holes in targets? If it’s about hobbies, why was the Bill of Rights not written to also protect the right of the people to keep and bear golf clubs (invented in the 1500s) and dice (prehistoric).
What I find interesting and comical about this whole thing from a constitutional perspective is that at the time it was penned ALL firearms were “military style”. That is the culture within which the second amendment was penned.
Not that I am intending to bash NY, but it seems to me that they have a distinct history of going the other way, and I just can’t understand why the people in that state put up with thier elected officials nonsense...
Maybe they just don’t know, or they do not care, they are too emotional, too bedraggled...I dunno...
But since the beginning of this representative republic they have obfuscated, delayed, vacilated ovre almost every major issue, starting with their abstaining from even a declaration of independence which was so well debated and politically maneuvered to allow the original states to ALL in on this deal...Where NY made themselves feel like they were still in the “group”, but we’ll have this “ace” in the hole, just in case it doesn’t go well...
I say that was a cowardly act that began such a cowardly trend since...
There are certainly good and patriotic people still living there, but I cannot understand why it has gotten this bad??? I have an idea, but I figure I have inflamed the psychy of these folks enough today...
The Fabians have certainly taken over your state...They are going for the gold this morning here in a few hours...
Most of us are going to fight...Not abstain...
Just my opinion...
>> Someone ask him how he almost broke his *** in the basement of a butcher shop....
Poor buffoon! I bet he was so embarrassed that he just grabbed his meat and beat it.
Even if it doesn’t survive scrutiny, by the time it struck down, it will have cost taxpayers a fortune. Of course breaking the country is on the liberals list of things to do today, so I guess it’s win-win for them.
The Constitution does not protect anyone’s right to hunt animals.
There is no unalienable right to kill animals for food or sport with a gun. Congress could outlaw the use of guns for hunting on Federal lands tomorrow and it would be constitutional. States could outlaw the use of guns for hunting in their states and it would likewise be constitutional.
The right to bear arms has nothing to do with hunting.
The second amendment was designed to put the fear of God into petty Tyrants and criminals like Obama and Cuomo. No wonder they are so bent on taking them away from everyone.
“The key language in the ban shows that the legislative intent is to discriminate against “military-style” features, and favoring (in a relative sense) hunting and sporting purposes.”
The Supreme Court already did this, that is why short barreled shotguns are not legal to own without a stamp. The AK and AR are common military platforms of our day.
United States v. Miller (1939)
That New York law is unconstitutional.
gerrymandered cities is the answer to your question - excepting cities, the state is largely red - much like the Country
In an odd parallel to the old divine right of kings (to RULE not GOVERN) Andrew the Pious and the liberals have declared We dont need no stinkin Constitution!!! Obama soon to follow! If allowed (by we the people) to get away with this... the last 237 years have been a farce!
“Scalia, one of the more conservative minds on the court, is on record (D.C. gun ban challenge case) as saying that there can be constraints on the 2nd Amendment.”
I think what Scalia was saying regarding limitations on the 2A is that the US military has tanks planes and artillery and the 2nd doesnt cover weapons like that.
Ahh, yesssirreeebob, the ole "right to eat meat" that comes from the time of King John and Robin Hood.
Feasting on the king's venison.
That's why they were hiding in Sherwood. They were standing up for the right to hang antlers in their man den and have deer jerky as a snack.
His understanding is incorrect. Historically, before a standing amry et al, owning artillery pieces (for those who could afford them) wasnt uncommon. The base level was every man owned at least one long gun w/ the means to feed and care for it.
I thought Andrew Cuomo was thinking about running for President?
Looks like he has decided to go back into the private sector.