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View Diary: What is this lawsuit really about? NYSAFE Act Part III - Updated w/ poll (18 comments)

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  •  Sio what counts as "large capacity magazine"? (2+ / 0-)
    Recommended by:
    LilithGardener, Glen The Plumber

    The ruling is as clear as mud, and the judge should be ashamed of himself.

    The judge says it is perfectly constitutional for the state to ban "large capacity magazines".  Well and good.  But how is "large capacity magazine" to be defined?

    Because in the same decision, the judge rules that for the state to impose a limit of seven bullets on the size of the allowable magazine is not constitutional because the limit of seven is "arbitrary".  What about calling a "large capacity magazine" anything greater than ten bullets?  Is that not also an arbitrary limit?  What about 21 bullets?  Arbitrary?  

     So, how are gun manufacturers, gun consumers, and the state supposed to understand what is meant by "large capacity magazine"?  How can banning a "large capacity magazine" be constitutional, but saying what "large" is be illegal and "arbitrary"?

    "The fool doth think he is wise: the wise man knows himself to be a fool" - W. Shakespeare

    by Hugh Jim Bissell on Tue Jan 14, 2014 at 02:59:28 PM PST

    •  "Large capacity magazine" (1+ / 0-)
      Recommended by:
      Glen The Plumber

      and "assault weapons" are both legal terms that state legislatures must define when they write the law.

      It's not the judge's place to decide what "large capacity" means, that the legislature's job. It may sound arbitrary, but it's not. It's the separation of power between the legislature to write the laws, and the judiciary to asses constitutionality.

      It's the legislature's job to weigh evidence and conduct fact-finding hearings. Judge Skretney acknowledges that explicitly, here in the introduction,

      [...] this Court notes that whether regulating firearms is wise or warranted is not a judicial question; it is a political one."

      "The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.” — William Arthur Ward

      by LilithGardener on Tue Jan 14, 2014 at 03:47:14 PM PST

      [ Parent ]

    •  Standard of review for large capacity magazine (1+ / 0-)
      Recommended by:
      Glen The Plumber

      Large capacity magazines have been regulated for almost a 100 years.

      In the CD Circuit Ct of Appeals decision re Heller II, there is a footnote stating that the oldest laws on record are from 1927, Michigan, 16 round limit; and 1932, Washington DC, 12 round limit.

      This judge's decision on the NY Safe Act is that the NY state legislature presented sufficient evidence to justify their limit of 10 round magazine, but they did not supply sufficient evidence to justify limiting the loading of all magazines to 7 or fewer bullets.

      In Washington DC "large capacity magazine" was defined as 12 rounds, back in 1932. They changed their law to define large capacity magazine as anything more than 10 rounds.

      Caveat I don't know when DC changed their "large capacity magazine" limit from 12 bullets to 10 bullets, or why. Maybe some reader knows and will fill in the history. Those devilish details matter!

      "The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.” — William Arthur Ward

      by LilithGardener on Tue Jan 14, 2014 at 03:51:20 PM PST

      [ Parent ]

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