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Federal Court Voids 7-Round Mag Limit of NY’s 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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