Court decision paves the way for Australian-style gun ban

[flowers]

http://www.americanthinker.com/blog/2015/10/court_decision_paves_the_way_for_australianstyle_gun_ban.html\

On Monday, the Court of Appeals for the Second U.S. Circuit issued a long awaited decision on the constitutionality of the most drastic gun control law in U.S. history, the New York SAFE Act of 2013.  The Second Circuit ruled that nearly all of the law does not violate the Second Amendment.

The SAFE ("Secure Ammunition and Firearms Enforcement") Act was presented to the New York State Senate and passed into law in 15 minutes.  No debate was allowed, and senators did not have time to read the bill before voting it into law.

The SAFE Act is a complete ban on the sale or transfer of all military-style semi-automatic rifles manufactured within the past several decades.  It is a total ban on the AR-15, AK-47, M-14/M-1a, HK G3, Steyr AUG, and many other civilian copies of military firearms.  Prior to the passage of the law, Gov. Cuomo publicly stated that he was considering "confiscation" of existing rifles, but the final version of the law allowed existing owners to keep their rifles as long as they registered them with the State.  Upon the death of the owner, the rifle will be confiscated; it cannot be transferred to an heir within New York State.

The SAFE Act also enacted a complete ban on the possession of all firearm magazines capable of holding more than 10 rounds.  The law contains no "grandfather" provision for previously legal items.

Beyond that, the SAFE Act banned all private transfers of firearms, except among spouses, parents, and children; it created an ammunition purchase background check and ammunition purchase registry; it banned the private sale of ammunition except from a licensed dealer; and it created a secret reporting requirement under which "mental health professionals" must report anyone suspected of being a "danger" to the State Police for mandatory gun confiscation.

Now that the Second Circuit has upheld the law, residents within the court's jurisdiction have no recourse except to take the case to the U.S. Supreme Court – where there will be a guaranteed four votes against the Second Amendment.  As I wrote last year, Gov. Cuomo and former Mayor Bloomberg, the backers of the SAFE Act, were betting that the law will be upheld by the Supreme Court, thus paving the way for a national version of the law (which has already been introduced in the Senate by Dianne Feinstein, D-Calif.).  Indeed, Cuomo immediately called for a national SAFE Act as soon as the Second Circuit issued its ruling Monday.

The Second Circuit's decision comes only one week after both President Obama and Hillary Clinton publicly praised the Australian and British mass gun confiscations of the 1990s.

[andy58-in-nh]

As mistaken as the Second Circuit may be, they cannot make law for the entire United States, nor were they asked to interpret Federal law. Federal Courts cannot not make law for any states in fact, but that's another matter. Each state legislature must make its own gun laws. Federal law is made by Congress. A national gun ban would have to be passed by Congress, and it will not be, not unless they want open warfare. Come and try to take my guns and those of my neighbors, and see what happens when we're all waiting for you. And we will be. Only you won't see us. At first.

The Executive Branch has no such power, nor does the judiciary, and in any event, the 2nd Amendment has already been found to stand against all but the most modest proposed restrictions. 

[GourmetDan]

The Executive Branch has no such power, nor does the judiciary, and in any event, the 2nd Amendment has already been found to stand against all but the most modest proposed restrictions.

Unfortunately... in this day and age... these points carry no authority whatsoever...  all it takes is 5 SC Justices and 'so it is written, so let it be done'...

[flowers]

Unfortunately... in this day and age... these points carry no authority whatsoever...  all it takes is 5 SC Justices and 'so it is written, so let it be done'...

I fear you are correct. they will get this. Now if they get it before he leaves office is another thing.

[andy58-in-nh]

Unfortunately... in this day and age... these points carry no authority whatsoever...  all it takes is 5 SC Justices and 'so it is written, so let it be done'...

The Supreme Court does not make law, nor does the Executive Branch. If they or Congress, which does make laws really want to interfere with our human rights of self-defense, let them try to enforce it.

[GourmetDan]

The Supreme Court does not make law, nor does the Executive Branch. If they or Congress, which does make laws really want to interfere with our human rights of self-defense, let them try to enforce it.

Right... but SCOTUS gay marriage is now the law of the land without any Congressional action... and Obamacare was changed multiple times at Obama's whim and enforced by the IRS...

I doubt that abolishing the 2nd Amendment will be any different...

[xfreeper]

Residents have no recourse but to take the case to the USSC?
What are your firearms for?

[GourmetDan]

Residents have no recourse but to take the case to the USSC?
What are your firearms for?

Getting yourself thrown in jail or killed... apparently...

[xfreeper]

One hears a lot of talk about the whole point of the 2nd is to fight tyranny. Well, when it comes calling then what? Lay em down and walk away? Truth is, the battle is lost before it even starts because no one in their right mind wants to go to jail or get killed over these incremental actions. I understand that and wish I knew the answer. I'm simply leaving but I know that is not an option for most.

[GourmetDan]

Truth is, the battle is lost before it even starts because no one in their right mind wants to go to jail or get killed over these incremental actions.

And I think that is exactly why the plan is being implemented in that way...

[Fishrrman]

The only way the "Second Amendment Issue" is going to be permanently settled in this country is through a "Fort Sumter scenario" (followed by "the events" that came after Ft. Sumter).

The left will fight and will KEEP fighting and NEVER retreat on this, will keep pushing incrementally and relentlessly "forward". Remember that it's they who control the education/indoctrination system, and who will shape the minds of the young. And slowly, but steadily, they are "turning" the minds of the young regarding guns.

Eventually, it will boil down to a "come and take them" situation or series of incidents that grow and cascade throughout the entire land. Randy Weaver writ a hundred or a thousand times larger.

And then it will be up to the Second Amendment folks, with their oft-repeated mantras of "Molon Labe" and "Don't Tread on Me" to either put up or shut up.

Because, failing this, the left WILL "shut them up" -- and disarm them once and for all.

Once again, I refer you this (subtitle of a book):
"What will you do when they come to take your guns?"
http://tinyurl.com/qybh9pg

[sinkspur]

The SAFE Act is unenforceable.  Just how many New Yorkers registered their AK-47s?  I'm betting not many. 

Connecticut has a law like this,  requiring registration of certain weapons.  At last count, only 2% of gun owners had complied.  What do they do now?  Arrest all those who didn't comply?

This crap is a joke. Nobody's going to turn over their firearms and nobody's going to voluntarily or involuntarily register them.

[Fishrrman]

sinkspur wrote above:
[[ This crap is a joke. Nobody's going to turn over their firearms and nobody's going to voluntarily or involuntarily register them. ]]

You know nothing about Connecticut.

You can't buy ammo here now without a "card check". Those who do buy .556/.223 are "going on the record". Eventually, the powers-that-be will know who they are.

You can't buy a Smith & Wesson M&P 22 (22LR) pistol here. A "22" !

You can't buy an S&W M&P 15/22 (22LR rifle) here, either! Again, a 22 !

A lot of the things Cabela's in West Hartford sold before 2013, they can't sell any longer...

[flowers]

sinkspur wrote above:
[[ This crap is a joke. Nobody's going to turn over their firearms and nobody's going to voluntarily or involuntarily register them. ]]

You know nothing about Connecticut.

You can't buy ammo here now without a "card check". Those who do buy .556/.223 are "going on the record". Eventually, the powers-that-be will know who they are.

You can't buy a Smith & Wesson M&P 22 (22LR) pistol here. A "22" !

You can't buy an S&W M&P 15/22 (22LR rifle) here, either! Again, a 22 !

A lot of the things Cabela's in West Hartford sold before 2013, they can't sell any longer...

Same here. Wanted to by 22LR varmint rounds.....nope.

[PzLdr]

The SAFE Act is unenforceable.  Just how many New Yorkers registered their AK-47s?  I'm betting not many. 

Connecticut has a law like this,  requiring registration of certain weapons.  At last count, only 2% of gun owners had complied.  What do they do now?  Arrest all those who didn't comply?

This crap is a joke. Nobody's going to turn over their firearms and nobody's going to voluntarily or involuntarily register them.

According to estimates arrived at after a law suit forced the New York State Police to provide the numbers [they were hiding behind a 'privacy provision' in the SAFE Act], 95% + of New York 'assault gun' owners did not comply with the time provisions to register their weapons and/ or surrender high cap mags.

What fascinates me is how Cuomo, the Stooges and the Court did away with the concept of 'grandfathering'. Even that dunce Pataki didn't do that.