The Briefing Room

General Category => National/Breaking News => Second Amendment => Topic started by: flowers on January 01, 2014, 01:29:42 am

Title: Federal judge upholds key provisions of strict New York gun law
Post by: flowers on January 01, 2014, 01:29:42 am

http://www.foxnews.com/politics/2013/12/31/federal-judge-upholds-key-provisions-strict-new-york-gun-law/

Quote

A federal judge has upheld most of New York's new gun control law, rejecting arguments that its bans on large-capacity magazines and the sale of some semi-automatic rifles violate Second Amendment rights.

Judge William Skretny in Buffalo says those provisions are constitutional because they're related to achieving an "important governmental interest" in public safety. He says those two features make guns more lethal.

Skretny struck down the restriction on gun owners loading more than seven bullets in a legal 10-round magazine, saying that appears to be "an arbitrary number."

The law was adopted last January following the mass shooting at Sandy Hook

Title: Re: Federal judge upholds key provisions of strict New York gun law
Post by: flowers on January 01, 2014, 01:32:02 am

."important governmental interest" so if the government deems it important so be it! Is that what this judge is saying?

Title: Re: Federal judge upholds key provisions of strict New York gun law
Post by: jmyrlefuller on January 01, 2014, 06:01:41 am

Quote from: flowers on January 01, 2014, 01:32:02 am

."important governmental interest" so if the government deems it important so be it! Is that what this judge is saying?

This is New York... a couple years ago there was a well-designed lawsuit against porkbarrel that pointed out the constitution specifically prohibited the state from doling it out. The judges ruled against them anyway, basically brushing the argument aside.

The good news is that the seven-bullet maximum was thrown out. I fully expect appeals; perhaps on both sides of the issue.

Title: Re: Federal judge upholds key provisions of strict New York gun law
Post by: SPQR on January 01, 2014, 06:17:02 am

Skretny was nominated by President George H. W. Bush on June 12, 1990, to a seat vacated by John T. Curtin. He was confirmed by the United States Senate on August 3, 1990, and received his commission on August 7, 1990.

Title: Re: Federal judge upholds key provisions of strict New York gun law
Post by: Rodrigo on January 17, 2014, 03:45:38 am

Let's see how this works.  Pass a really bad law with a couple of silly regulations in it.
Judges then toss the silly regulations but keep the bad parts of the law.

And the citizens walk away happy they got a little back of the huge lot the lost.

Kind of like the IRS confiscating a huge amount of your paycheck, then you are thrilled to get a pittance back at the end of the year.