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Federal Court Voids 7-Round Mag Limit of NYs SAFE Act, Allows Rest
Legal Insurrection ^ | December 31, 2013 | Andrew Branca

Posted on 01/01/2014 12:59:41 PM PST by 2ndDivisionVet

Federal District Court Judge William M. Skretny has found that most provisions of NY’s SAFE Act–passed only one month after the Sandy Hook elementary school shooting–do not infringe the Second Amendment.

He did, however, find that the provision that limits magazine capacity to only seven rounds was unconstitutional under the Second Amendment.

This seemingly small win for gun owners is actually very important.

Almost no semi-automatic pistols have 7-round magazines available. Because semi-automatic pistols are the overwhelming preference for civilian self-defense–as well as for police and military use–the 7-round limit would have effectively banned the large majority of semi-automatic pistols on the market. (Technically, one could use a large capacity magazine and only load it to 7-rounds; if, that is, one were willing to risk a felony conviction based on a police officer’s honest ability to accurately count to seven. Not me, thanks.)

Ironically, one of the few semi-automatic pistols for which 7-round magazines are readily available is the model 1911, which most folks not familiar with guns will know as the Colt .45 pistol of WWII fame. Thus, this relatively lethal handgun firing the potent .45 ACP cartridge would have been granted preference over many handguns of lesser lethality.

Thus the tossing of the 7-round limit saves for law-abiding citizens the vast majority of contemporary handguns for their self-defense use.

Unfortunately, the remainder of the SAFE Acts egregious restrictions on the 2nd Amendment rights of law-abiding citizens were allowed to stand, including severe restrictions on so-called “assault weapons,” mandatory registration which can only serve the purpose of future confiscation of firearms possessed by law-abiding citizens (because criminals do not register their guns or otherwise obey gun laws), and so forth.

The full-length judicial opinion from Judge Skretny is available below.

Happy New Year!


TOPICS: Constitution/Conservatism; Culture/Society; Government; US: New York
KEYWORDS: banglist; cuomo; judiciary; newyork
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1 posted on 01/01/2014 12:59:41 PM PST by 2ndDivisionVet
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To: 2ndDivisionVet

Almost no semi autos have 7 round mags available? What about smaller .380s like the PPK, or the Sig 232, some Kel Tec pistols, and the like?

I also thought the the Single Action Army/Peacemaker was the Colt .45, and that the 1911A1 was of WW2 fame, not the earlier 1911.


2 posted on 01/01/2014 1:10:01 PM PST by Antihero101607
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To: 2ndDivisionVet
And here I was getting all ready to back-fill the mag in my Ruger 10/22 with epoxy so that it could only hold 7 shells... just in case I had to be able to prove that I never, ever filled it with 8 or more. /s

Oh well, I'll find something else to do with the epoxy...

3 posted on 01/01/2014 1:10:50 PM PST by dayglored (Listen, strange women lying in ponds distributing swords is...sounding pretty good about now.)
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To: 2ndDivisionVet

Yesssssss!!!!!!!


4 posted on 01/01/2014 1:11:01 PM PST by generally (Don't be stupid. We have politicians for that.)
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To: dayglored

Don’t get mad, but I’m going to ask you and all the other people here who still live in New York, Connecticut, Illinois, New Jersey and California one thing: Why the hell are you still there?


5 posted on 01/01/2014 1:16:06 PM PST by 2ndDivisionVet (A courageous man finds a way, an ordinary man finds an excuse.)
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To: 2ndDivisionVet
Why the hell are you still there?

Because it's like the deep red South compared to Massachusetts?

6 posted on 01/01/2014 1:27:47 PM PST by glorgau
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To: 2ndDivisionVet
Don’t get mad, but I’m going to ask you and all the other people here who still live in New York, Connecticut, Illinois, New Jersey and California one thing: Why the hell are you still there?

Do you really thinks it's that simple to uproot a family and find new jobs in a strange place? I'd like to leave but I wouldn't know where to go. I want to leave CT before the real estate values start to fall but I have two young sons and my wife is building a pretty good career.

Do you really think it's that easy? Also, I am trying to fight this crap. We get together and vote and have tea party rallies and pro 2nd Amendment rallies.

I guess you could as FReepers why we don't leave the US of A as well.

7 posted on 01/01/2014 1:30:16 PM PST by raybbr (I weep over my sons' future in this Godforsaken country.)
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To: 2ndDivisionVet

So 30 round mags are still legal?


8 posted on 01/01/2014 1:53:02 PM PST by headstamp 2 (What would Scooby do?)
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To: Antihero101607
What about smaller .380s like the PPK, or the Sig 232, some Kel Tec pistols, and the like?

Ironically, the weapons you describe are what would once have been called "Saturday night specials", now called "small carry weapons". They make up a far greater proportion of the firearms used in crimes than the dreaded "assault rifles" that are still banned under this ruling.

After the SAFE Act was passed there was a great uproar and the Establishment calculated that they had to do something to temper the political backlash. This ruling is could be intended to serve that purpose. Don't let them get away with it.

Stay angry New York! And remember, it's not about controlling guns, it's about controlling us.

9 posted on 01/01/2014 1:53:30 PM PST by InABunkerUnderSF (Because two terms with Jerry Brown with governor was all I could take.)
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To: 2ndDivisionVet

> Why the hell are you still there?

Because both I and my mate have houses here that represent our lives’ investments, and we don’t have an economically feasible way to uproot. And frankly we rather like the rural living available here. It’s overall a good place to live, despite some restrictive laws.

Otherwise we would have split, long ago.


10 posted on 01/01/2014 1:55:14 PM PST by dayglored (Listen, strange women lying in ponds distributing swords is...sounding pretty good about now.)
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To: 2ndDivisionVet

Will NY state abide by the court order


11 posted on 01/01/2014 1:56:10 PM PST by GeronL (Extra Large Cheesy Over-Stuffed Hobbit)
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To: raybbr

Jobs in Texas:

http://www.indeed.com/jobs?q=&l=76208

http://www.indeed.com/jobs?q=&l=78701

http://www.indeed.com/jobs?q=&l=76102&rs=1&fromage=last


12 posted on 01/01/2014 1:57:28 PM PST by 2ndDivisionVet (A courageous man finds a way, an ordinary man finds an excuse.)
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To: 2ndDivisionVet
feh...
13 posted on 01/01/2014 2:02:12 PM PST by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -vvv- NO Pity for the LAZY - 86-44)
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To: Chode

I had a feeling I’d tick some people off.


14 posted on 01/01/2014 2:06:25 PM PST by 2ndDivisionVet (A courageous man finds a way, an ordinary man finds an excuse.)
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To: 2ndDivisionVet
isn't that why you did it??? you knew it was nothing but flame bait...

you know good and well how hard it would be for YOU to pick up stakes and move, how hard do you think it would be for others?

15 posted on 01/01/2014 2:10:42 PM PST by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -vvv- NO Pity for the LAZY - 86-44)
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To: raybbr
Do you really thinks it's that simple to uproot a family and find new jobs in a strange place?

Yeah, it's simple. Takes work. Until recently, I've never lived in one place more than 3 years my whole life.

16 posted on 01/01/2014 2:13:08 PM PST by gitmo (If your theology doesn't become your biography, what good is it?)
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To: neverdem

Ping


17 posted on 01/01/2014 2:15:52 PM PST by Gene Eric (Don't be a statist!)
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To: Chode

I “pulled up stakes and moved” about two years ago. It was about $800. I attended 13 schools between Kindergarten and high school graduation. Then I had six moves in the Army. Then I lived four different places during my first marriage and four during this marriage. My sister and her officer husband probably moved 12-13 times while he was in the Army.


18 posted on 01/01/2014 2:23:04 PM PST by 2ndDivisionVet (A courageous man finds a way, an ordinary man finds an excuse.)
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To: 2ndDivisionVet

We’re thinking about it. Illinois gun laws are actually getting better right now, so that’s not the main argument. It’s more the culture. My daughter can’t find a decent conservative guy to date. I work with a gay guy in the office who brags about how he has abused the representative process in Springfield to advance gay marriage. Our machine politics is basically a one-party system with two changes of clothes, so everyone is just numb with fatalism. People and jobs are fleeing the state in droves. I just don’t want to be the last guy out, the one who gets to turn out the lights. Don’t want to wait for that.

So we’re looking at Missouri right now. Wife won’t go to Texas. Too hot. No North Dakota either. Too cold. Sigh. We’ll figure something out.


19 posted on 01/01/2014 2:56:47 PM PST by Springfield Reformer (Winston Churchill: No Peace Till Victory!)
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To: 2ndDivisionVet
so... you sold your house and had a new job all lined up before you did?

or no property or job to worry about?

and how many times you moved in the past has nothing to do with today or today's economy!

i've lived in six states and off shore myself, but at sixty years old, in this economy, with house/property, family and a job six years from retirement, do i really have to explain to you how hard that would be? or would it even make any difference???

20 posted on 01/01/2014 2:59:47 PM PST by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -vvv- NO Pity for the LAZY - 86-44)
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To: raybbr
Do you really thinks it's that simple to uproot a family and find new jobs in a strange place? I'd like to leave but I wouldn't know where to go. I want to leave CT before the real estate values start to fall but I have two young sons and my wife is building a pretty good career. Do you really think it's that easy? Also, I am trying to fight this crap. We get together and vote and have tea party rallies and pro 2nd Amendment rallies

You may think you are doing enough but you have already lost.

21 posted on 01/01/2014 3:05:39 PM PST by Starstruck (If my reply offends, you probably don't understand sarcasm or criticism...or do.)
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To: Chode

My wife was transferred and my income comes in no matter where I live. Had to find a decent place to live long-distance, but didn’t have to sell.


22 posted on 01/01/2014 3:07:57 PM PST by 2ndDivisionVet (A courageous man finds a way, an ordinary man finds an excuse.)
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To: 2ndDivisionVet

Will never move to Texas.


23 posted on 01/01/2014 3:14:39 PM PST by raybbr (I weep over my sons' future in this Godforsaken country.)
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To: 2ndDivisionVet

These judicial assaults on freedom and the Constitution will continue and expand. The communists in power are seating more and more criminals on the bench to rubber stamp there treason. It is now a rarity to read or hear of a judicial ruling that does not violatenthe Constitution. This will continue unabated till we start seeing news reports of black robed pirates found hanging from trees and lampposts at sunrise. The criminals in power fear nothing. It will require the deaths of many of them to instill the needed fear in them. Government officials MUST learn to fear the people rather than enjoy the power of causing citizens to fear government. One circumstance leads to freedom, the other is a symptom of tyranny.


24 posted on 01/01/2014 3:17:51 PM PST by nvscanman
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To: 2ndDivisionVet
Don’t get mad, but I’m going to ask you and all the other people here who still live in New York, Connecticut, Illinois, New Jersey and California one thing: Why the hell are you still there?

I left CT, and then IL. My friends and family members in CT largely have older relatives to look after. Some have good jobs that would be hard to replace.

Leaving IL was hard for us largely because we lost $100K of equity in our home almost overnight.
25 posted on 01/01/2014 3:18:31 PM PST by Dr. Sivana (Five years, my brain hurts a lot.)
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To: raybbr

Why is that?


26 posted on 01/01/2014 3:20:41 PM PST by 2ndDivisionVet (A courageous man finds a way, an ordinary man finds an excuse.)
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To: 2ndDivisionVet
so, no house to sell and you moved to follow your wife with a job already waiting for her with no cost to you, i'd say that is comparing apples to oranges then...

Happy New Year, i'm out

27 posted on 01/01/2014 3:20:51 PM PST by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -vvv- NO Pity for the LAZY - 86-44)
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To: Antihero101607

Just bought a new Smith & Wesson Shield. 9mm.... came with 7 and 8 round clips.


28 posted on 01/01/2014 3:22:09 PM PST by kjam22 (my newest music video:http://www.youtube.com/watch?v=l7gNI9bWO3s)
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To: Chode

I’ve moved plenty of times where there was no job waiting and a home had to be sold. Millions do it all the time.


29 posted on 01/01/2014 3:22:41 PM PST by 2ndDivisionVet (A courageous man finds a way, an ordinary man finds an excuse.)
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To: 2ndDivisionVet

So the elite NY lefties with semi-auto pistols (and security guards with semi-auto pistols) got their exception and what they wanted against the monitored, working class trash. We’re so surprised. Americans of all classes need to stand together on the Second Amendment, or everyone will be disarmed in the near future (especially the elite folks). If communism comes, it enters very violently with rule by scary men with no class.


30 posted on 01/01/2014 3:28:05 PM PST by familyop (We Baby Boomers are croaking in an avalanche of corruption smelled around the planet.)
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To: 2ndDivisionVet

Don’t leave out Colorado. This is not a rustic state run by old fashioned ranchers. The old fashioned ones have been cleaned out and driven out by big shots from the northeast and west coast.


31 posted on 01/01/2014 3:32:59 PM PST by familyop (We Baby Boomers are croaking in an avalanche of corruption smelled around the planet.)
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To: kjam22
i bought one in feb, great gun right out of the box
32 posted on 01/01/2014 3:33:11 PM PST by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -vvv- NO Pity for the LAZY - 86-44)
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To: Chode

Yes it is. Got it last month.


33 posted on 01/01/2014 3:34:24 PM PST by kjam22 (my newest music video:http://www.youtube.com/watch?v=l7gNI9bWO3s)
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To: kjam22

for your viewing pleasure...

http://www.youtube.com/watch?v=A7pmjCWSgJU


34 posted on 01/01/2014 3:37:47 PM PST by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -vvv- NO Pity for the LAZY - 86-44)
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To: glorgau
Because it's like the deep red South compared to Massachusetts?

Being able, with effort, to identify one jurisdiction even less respectful of your rights than the one in which you live, is not the same as living in the heart of liberty.

35 posted on 01/01/2014 3:41:57 PM PST by Still Thinking (Freedom is NOT a loophole!)
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To: Chode

Thanks... had seen several youtubes on it... but not this one. Like this guy....


36 posted on 01/01/2014 4:02:58 PM PST by kjam22 (my newest music video:http://www.youtube.com/watch?v=l7gNI9bWO3s)
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To: kjam22
me too... just about anything you own he's shot on youtube
37 posted on 01/01/2014 4:05:03 PM PST by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -vvv- NO Pity for the LAZY - 86-44)
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To: 2ndDivisionVet

Yeah. It’s hard to wrap my head around the fact that my countrymen are criminals for having an object that I own many of.


38 posted on 01/01/2014 4:14:00 PM PST by demshateGod (The fool hath said in his heart, There is no God.)
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To: 2ndDivisionVet; raybbr
Jobs in Texas:

Just what do you think YOUR chances would be in finding a job cross country that may or may not last for more than 6 months?

You think it's that easy in just selling your home, likely for a loss, then purchasing a new one for your family in another state for a job that may or may not last?

OK, let's say you decide not to sell the house but rather leave the family behind and work in another state and commute back home when it's convenient while renting an apartment?

So now you not only have mortgage payments and support for your family back home but now you have to pay rent for your apartment in the new city that hosts your new job.........

How's that gonna work out for you?

39 posted on 01/01/2014 4:18:34 PM PST by Hot Tabasco (Miss Muffit suffered from arachnophobia.....)
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To: 2ndDivisionVet
Don’t get mad, but I’m going to ask you and all the other people here who still live in New York, Connecticut, Illinois, New Jersey and California one thing: Why the hell are you still there?

*************************

Let us suppose that all of the citizens of those states moved to Texas. What do you think would happen?

40 posted on 01/01/2014 4:21:46 PM PST by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: trisham

Not all of them, just the conservatives. I asked the question here, not at DU or Daily Kos.


41 posted on 01/01/2014 4:27:49 PM PST by 2ndDivisionVet (A courageous man finds a way, an ordinary man finds an excuse.)
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To: Hot Tabasco

What makes you think the job would end in 6 months? What’s with all the pessimism here?


42 posted on 01/01/2014 4:29:21 PM PST by 2ndDivisionVet (A courageous man finds a way, an ordinary man finds an excuse.)
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To: 2ndDivisionVet

Even if it were just the conservatives...I’m not trying to attack you, Friend.


43 posted on 01/01/2014 4:34:57 PM PST by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: trisham

I read once that there’s enough room in Texas for everybody on Earth to have a couple of acres.


44 posted on 01/01/2014 4:36:21 PM PST by 2ndDivisionVet (A courageous man finds a way, an ordinary man finds an excuse.)
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To: 2ndDivisionVet
What makes you think the job would end in 6 months?

What's the guarantee that it wouldn't?

I have an elderly friend in Michigan who almost made the mistake of moving to NC after being offered a job with a company he was contracting with. Once the contract ended, he was offered the job and turned it down and returned to Michigan. A few months later that very company tanked and was forced to lay of over half of its engineering staff..........

He had already sold his home in an upscale neighborhood in Shelby Twp. and moved to Warren in order to be able to afford the mortgage and pay for his apartment in NC.......

45 posted on 01/01/2014 4:37:08 PM PST by Hot Tabasco (Miss Muffit suffered from arachnophobia.....)
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To: 2ndDivisionVet

What do you think it would do to the job market?


46 posted on 01/01/2014 4:39:35 PM PST by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: trisham
Hard to say. That many people moving here en masse would create many jobs in construction, retail, manufacturing, service industries, restaurants, storage facilities, etc., etc. And we have many jobs that are unfilled right now. And not just flipping hamburgers and sweeping floors. Plus, many of those people would start businesses and therefore employ others.
47 posted on 01/01/2014 4:46:52 PM PST by 2ndDivisionVet (A courageous man finds a way, an ordinary man finds an excuse.)
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To: 2ndDivisionVet

I think you are an optimist. It would be chaos. Not everyone who moved there would be able to find work, and many would find that due to the competition, they would not be able to find work that would be comparable in pay to what they had left behind. Do you really want that? Why not support your fellow conservatives where they are? Do you truly want to sacrifice the rest of this wonderful country to the Left?


48 posted on 01/01/2014 4:52:09 PM PST by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: 2ndDivisionVet

Why does most everyone assume that folks should or want to move to Texas? Why is it always about Texas?

There are good things about Texas just as there bad things and that can be said for any state.

I’ll go where the work is, but my family has a say in the matter as well...and if it turns out to be Texas, so be it.


49 posted on 01/01/2014 6:57:30 PM PST by SZonian (Throwing our allegiances to political parties in the long run gave away our liberty.)
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To: raybbr

Sir, I hear you but with all due respect, and as I always told my kids, “the EASY way is almost always the WRONG way”......

When Obama was elected originally I made the very hard decision to sell out all my real estate and MOVE. It took two years to liquidate but I received top dollar for everything. Like I said, selling out was very difficult but I’m glad I did.

Good luck to you.


50 posted on 01/01/2014 6:59:02 PM PST by Cen-Tejas (it's the debt bomb stupid!)
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