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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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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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