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-   -   NY "Safe" act (http://www.firearmstalk.com/forums/f145/ny-safe-act-86586/)

bowhunter17 03-15-2013 03:14 AM

NY "Safe" act
 
is it still possible to stop the "safe" act even though it takes effect in April? I feel like NY and California are racing each other to ban all firearms.

kfox75 03-15-2013 07:13 AM

Quote:

Originally Posted by bowhunter17 (Post 1176636)
is it still possible to stop the "safe" act even though it takes effect in April? I feel like NY and California are racing each other to ban all firearms.

In a word, yes. A local lawyer has a case pending in federal court that will challenge the "SAFE act" due to it's violation of the 2nd and 5th amendments to the U.S. Constitution. A Federal judge can order it's repeal, and the Federal lawsuit is based primarily on the violation of Amendment 5. By going after any magazine of over 10 rounds, due to the "Since there is no way to tell if a magazine is pre 1994 AWB, all magazines over 10 rounds are illegal to own or possess in NY State. All magazines over ten rounds must be sold out of state, or otherwise safely disposed of by January 15th, 2014."

This clause specifically targets pre existing property without due process, which is a direct and open violation of the 5th Amendment. A person's property can not be taken away or other wise removed without due process.
State's Rights (Amendment 10) only applies to rights NOT granted to us as part of the Constitution, or the Bill of Rights.

On the other hand, the attempt to do away with the SAFE Act on the State level, was doomed from the start. A NY State judge has to answer to the Govenor, and NY State Congress in both houses. He or she knows that their paycheck comes from the state, and I would bet a weeks pay that no NY judge will ever rule against a NY law, no matter how worthless it is.

The best advice I can give to other residents of NY is to get out while you can, or get ready to get screwed more than you already are. If enough of us leave, they will start to miss the tax dollars that we have been giving them over the years. We have more people on welfare, and less available jobs than most of the country thank's in no small part to ths cess pool on the SE corner of the state. 90% of our problems could be solved by simply dividing the state into 2 states. If the bill proposing this was worded right, this could be accomplished with the majority of he citizens of Upstate NY voting yes on the proposition. Hell, I myself would be more than willing to let them keep Cuomo as well. Those of us noth and west of NYC have no use for him to say the least.

Bowhunter 17, thank you for the opportunity to rant. I needed that.;)

bowhunter17 03-15-2013 05:48 PM

Quote:

Originally Posted by kfox75

In a word, yes. A local lawyer has a case pending in federal court that will challenge the "SAFE act" due to it's violation of the 2nd and 5th amendments to the U.S. Constitution. A Federal judge can order it's repeal, and the Federal lawsuit is based primarily on the violation of Amendment 5. By going after any magazine of over 10 rounds, due to the "Since there is no way to tell if a magazine is pre 1994 AWB, all magazines over 10 rounds are illegal to own or possess in NY State. All magazines over ten rounds must be sold out of state, or otherwise safely disposed of by January 15th, 2014."

This clause specifically targets pre existing property without due process, which is a direct and open violation of the 5th Amendment. A person's property can not be taken away or other wise removed without due process.
State's Rights (Amendment 10) only applies to rights NOT granted to us as part of the Constitution, or the Bill of Rights.

On the other hand, the attempt to do away with the SAFE Act on the State level, was doomed from the start. A NY State judge has to answer to the Govenor, and NY State Congress in both houses. He or she knows that their paycheck comes from the state, and I would bet a weeks pay that no NY judge will ever rule against a NY law, no matter how worthless it is.

The best advice I can give to other residents of NY is to get out while you can, or get ready to get screwed more than you already are. If enough of us leave, they will start to miss the tax dollars that we have been giving them over the years. We have more people on welfare, and less available jobs than most of the country thank's in no small part to ths cess pool on the SE corner of the state. 90% of our problems could be solved by simply dividing the state into 2 states. If the bill proposing this was worded right, this could be accomplished with the majority of he citizens of Upstate NY voting yes on the proposition. Hell, I myself would be more than willing to let them keep Cuomo as well. Those of us noth and west of NYC have no use for him to say the least.

Bowhunter 17, thank you for the opportunity to rant. I needed that.;)

Thanks for the info. I just hope that some judge will try to think about something greater than him/herself and do what is right.

WebleyFosbery38 03-15-2013 08:23 PM

They are already prosecuting people under the provisions of the safe act but I still believe it will be overturned, if not now, in 1.75 years when we thrown Coumo and his band of merry progressives to the curb.

Im a bit confused by Hocka's responses earlier. WTF do you think we should do, run out on the porch and start blasting our shotguns Joe Biteme style. Nobody here wants a civil warm, were working and fighting to get our rights back. Were joining forces not hands, all that Red means Coumo has lost his support overall and is doomed. Im not feeding Repubicrat coffers defending my rights, I'm doing my civic duty and I suggest Hocka do the same if he gives a rats ass about his rights. We havent yet begun to fight, were just rallying the forces. We will have already won our fight when your elected republicrats start phucken with your rights.

Tackleberry1 03-15-2013 08:29 PM

I thought a Federal Judge had given NY until April to "prove" the safe act was Constitutional in light of recent Supreme Court Decisions... Or he would issue an injunction?

Tack

kfox75 03-16-2013 09:41 AM

Quote:

Originally Posted by Tackleberry1 (Post 1177262)
I thought a Federal Judge had given NY until April to "prove" the safe act was Constitutional in light of recent Supreme Court Decisions... Or he would issue an injunction?

Tack

That may be the case Tack. If it is, I have heard nothing about it yet. If the judge in this case told them they have until April, he may not be in a position to order an injunction until he has rendered a verdict. Even if the NY lawbreakers..... er, I mean makers have been ordered to provide proof by April, the may still be able to drag this case out even further (on our dime no less!) posibly even years.

The sad part for me is that I do agree with some parts of the law. Stiffer sentences for gun crimes, the Webster Act, and mental health reform are all good things. Disarming the public, turning what was once a LIFETIME handgun liscence into a 5 year one (at the same cost!), and banning firearms due to "scary features" that are used in less than one percent of ALL gun crimes are all one big EPIC FAIL IMHO. Hopefully this BS will be over with soon.


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