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jmg257

(11,996 posts)
17. Courts, at least one in NY, are using the Heller decisions to UPHOLD
Tue Nov 10, 2015, 08:23 AM
Nov 2015

bills like this.

http://ccdl.us/blog/uploads/2015/10/Shew-v-Malloy-207-1-opinion-CCDL.pdf

An interesting & educational read, about appeals in CT and NY.

Without the militia purposes of the 2nd, they can decide, based on Heller I (& II), that while the 2nd secures a self-defense/individual right, that right is not unlimited, and it may be in the govt interest to further limit that right.


"The instant bans are dissimilar from D.C.’s unconstitutional prohibition of “an entire class of ‘arms’ that
is overwhelmingly chosen by American society for [the] lawful purpose” of self‐defense. New York and Connecticut have not
banned an entire class of arms.
Indeed, plaintiffs themselves acknowledge that there is no class of firearms known as “semiautomatic assault weapons”—a descriptor they call purely political in nature. Plaintiffs nonetheless argue that the legislation does prohibit “firearms of a universally recognized type—semiautomatic.” Not so. Rather, both New York and Connecticut ban only a limited subset of semiautomatic firearms, which contain one or more enumerated military‐style features.
As Heller makes plain, the fact that the statutes at issue do not ban “an entire class of
‘arms’”
makes the restrictions substantially less burdensome. In both states, citizens may continue to arm themselves with non‐semiautomatic weapons or with any semiautomatic gun that does not contain any of the enumerated military‐style features. Similarly, while citizens may not acquire high‐capacity magazines, they can purchase any number of magazines with a capacity of ten or fewer rounds. In sum, numerous “alternatives remain for law‐abiding citizens to acquire a firearm for self‐defense.”

Recommendations

0 members have recommended this reply (displayed in chronological order):

K&R n/t discntnt_irny_srcsm Nov 2015 #1
Stop spreading NRA Lies.. virginia mountainman Nov 2015 #2
Did Wisconsin decide they have too many democrats in office Travis_0004 Nov 2015 #3
+1 n/t Bonhomme Richard Nov 2015 #10
But...but...but...Nobody wants to take anyones guns... beevul Nov 2015 #4
Waiting for the right cartoon? DonP Nov 2015 #5
Think about the hatefulness and contempt expressed towards gun owners in this bill. Kang Colby Nov 2015 #6
Don't worry folks, the usual suspects will be along shortly... beevul Nov 2015 #7
Does this idiot realize how fast the courts would strike this down? GGJohn Nov 2015 #8
Don't be so sure. Straw Man Nov 2015 #11
Oh, I'm fairly confident the courts would strike this down toot sweet. GGJohn Nov 2015 #12
Check again. Straw Man Nov 2015 #13
Hmmm, hadn't seen that. GGJohn Nov 2015 #14
This would outlaw an antique Mauser C96 JustABozoOnThisBus Nov 2015 #18
Courts, at least one in NY, are using the Heller decisions to UPHOLD jmg257 Nov 2015 #17
That ruling was a mess. benEzra Nov 2015 #20
Can stupid politicians... discntnt_irny_srcsm Nov 2015 #9
But, but, but, there is sophisticated mathematical analysis that shows different OakCliffDem Nov 2015 #15
Who did bloomie pay to get this bill proposed? ileus Nov 2015 #16
Of 158 murders in Wisconsin in 2014, fewer than 10 involved *any* kind of rifle. benEzra Nov 2015 #19
'Reasonable common sense' dontcha know. beevul Nov 2015 #21
Latest Discussions»Issue Forums»Gun Control & RKBA»Assault Weapons Ban propo...»Reply #17