Tentative Deal : NY Restrict Capacity 7 Rounds

Did any one read the Heller decision? I can't read those things but one of the things that keeps popping up in my mind from a summary I read was that there was some expectation that 'guns in common use' should/would/could not be excluded for use by the people. To me this would mean that if 49 of the 50 states allow a certain firearm than 1 state could not forbid them. Couldn't the same be said about magazines in common use? Afterall, for many firearms there is no such thing as a 7 round magazine.

Perhaps someone with more legal expertise could read the decision and let me know how I am misinterpretting this.

You are being reasonable and you are respecting prior court decisions. But note that the politicians and legislators just do what they want (what they perceive a majority of the people want). Maybe a court case in the future pushes the other way. Maybe some new priests in robes replace the old ones and change the results. In the mean time, commoners will be harassed, arrested, and deprived of liberty and property. The reality is that no rules and no precedent can ever trump the desire of the mob. You can always spot the loser in a political fight -- he is the one appealing to law or precedent. The winner is writing new laws. Right now, we are the losers.
 
I would guess this number comes from one of two, or perhaps both of the following:
1. Percent of handguns out there with capacity greater than 7.
2. Percent of gun owners with 7 or less who won't object since it won't affect them.
 
Don't feel bad for them , just like feeling bad for people in Assachusetts . They / We get what citizens allow .

Not true in this case. Upstate NY'ers get bullied by the downstaters and are forced to live with laws dictated by the corrupt in NYC. NY is really two different states..........
 
Well its time to pull up anchor i think and head south,**** Cuomo and this shit hole state.I hope that dick chokes on dinner tonight
 
Not true in this case. Upstate NY'ers get bullied by the downstaters and are forced to live with laws dictated by the corrupt in NYC. NY is really two different states..........

I've lived in Assachusetts most of my entire life . I feel the discomfort of this BS . We've allowed it to happen .
 
The tentative agreement would further restrict New York's ban on assault weapons, limit the size of magazines to seven bullets, down from the current 10, and enact more stringent background checks for sales. Other elements, pushed by Republicans, would refine a mental health law to make it easier to confine people determined to be a threat to themselves or others.

Senate Republicans also have included a further crackdown on illegal gun trafficking into New York, the people said. Most New York City gun crimes involve weapons illegally brought into the state, state and city officials say.

Democrats and republicans, working together to take your liberty. The dems will leave you defenseless and dependent on the state. The republicans will just lock you up for being "threatening".
 
Democrats and republicans, working together to take your liberty. The dems will leave you defenseless and dependent on the state. The republicans will just lock you up for being "threatening".

Does that mean they can now lock up the Democrats? That would be ironical.

I see major people not happy about the provision added by the Repubs. So, perhaps that was added in to create a bad taste in the mouth of the citizenry in hopes to generate public outcry.

I'm probably giving them way too much credit.
 
Yep, two sides of the same authoritarian coin. Heads they win, tails we lose.

That's the whole point of these "gun control" [sic] regulations and laws. I think they know full well that these measures aren't going to do squat.

So when this 7-round maximum limit is imposed and the next kid whacked out on concoction of Zoloft, Ritalin, and Celexa decides to shoot up a school, they're going to turn the screw again. Maybe next time it's a 5 or a 3 round limit. Maybe it's outright confiscation? Maybe the abolishment of CCW in the state? Who knows. All I know is that they know these things won't fix the problem so the government will have to come to the "rescue" again.

Wash, rinse, repeat.
 
I know it's wishing for far too much.

But it would be wonderful if retailers and manufacturers refused to sell anything greater than 7 round mags to any/ all of the gov/ LE depts in the state.
 
James Bond will still be able to operate in NY - Walther PPK and Walther PPK/S both have 7 round magazine options.
 
James Bond will still be able to operate in NY - Walther PPK and Walther PPK/S both have 7 round magazine options.

Glad u mentioned the PPK,i had forgetten about that.At least i have one i can carry out of the assortment of handguns in the safe.Not keen on 380 but i guess its better than throwing rocks.Never did i think that PPK would be my main carry wep,[frown]
 
Did any one read the Heller decision? I can't read those things but one of the things that keeps popping up in my mind from a summary I read was that there was some expectation that 'guns in common use' should/would/could not be excluded for use by the people. To me this would mean that if 49 of the 50 states allow a certain firearm than 1 state could not forbid them. Couldn't the same be said about magazines in common use? Afterall, for many firearms there is no such thing as a 7 round magazine.

Perhaps someone with more legal expertise could read the decision and let me know how I am misinterpretting this.

In the Heller decision, United States v. Miller was cited in part to show that the 2nd Amendment only applies to certain types of weapons. There are very different interpretations as to what exactly the Miller decision means for the 2nd Amendment, partly because it is seen as a test case initiated by the federal government in order to further New Deal gun control measures, but more so because it allows for a hybrid thoery to emerge with respect to collective versus individual rights theory.

In Parker v. District of Columbia, the Miller case was interpreted to mean that individuals have the right to posses and use weapons of the kind "in common use at the time", which is the source for the language to which you allude.

It remains an open question exactly what limits the government has regarding the type of firearm one may posses, but the Parker case would provide some solid footing with which to launch a challenge.

Interestingly and somewhat ironically given the current state of affairs, in Miller, the United States was arguing that the 2nd Amendment "protects only the ownership of military-type weapons appropriate for use in an organized militia" since they were tying to prosecute Miller for possession of a sawed off shotgun, which was prohibited under the NFA of 1934.

In other words, if the sawed off shotgun was in use by the military at the time, it would have been protected, it follows logically then that individuals would have a right to own any weapon which was also in use by the military, in addition to those that weren't, but which were legally permissible under the NFA.


 
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So supposedly they are going after existing "high-round clips."

"Silver said the deal is expected to reduce the bullet capacity for magazines to seven, from 10, and no longer exempt high-round clips manufactured before 1994...He said the legislation will require owners of guns that become illegal under the stricter statute to register their weapons and that the new laws will prohibit transfer of those weapons."

http://www.nypost.com/p/news/local/ny_senate_leader_says_he_expects_d4DTQm0ulHNfjI047Zlz4M

Discuss...
 
So... register you're extra killy weapons AND they can not be Transfered and no grandfathering?!?!... WOW, F$%# you.
 
So whats gonna happen with all those Garands?

I suspect they will say they must be turned in for destruction once the current owner is deceased.

ETA: Stick the gun into a trust - that can survive indefinitely more or less if it is written correctly. Then no actual transfer of the gun would ever take place.

Damn lawyers already coming up with ways around a law that isn't even passed. LOL.
 
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SO how does handguns fall into that beings they are already registered in NY?And what if i have 5 round mags for my AR.theres alot of grey areas here i think.
 
So supposedly they are going after existing "high-round clips."

"Silver said the deal is expected to reduce the bullet capacity for magazines to seven, from 10, and no longer exempt high-round clips manufactured before 1994...He said the legislation will require owners of guns that become illegal under the stricter statute to register their weapons and that the new laws will prohibit transfer of those weapons."

http://www.nypost.com/p/news/local/ny_senate_leader_says_he_expects_d4DTQm0ulHNfjI047Zlz4M

Discuss...

Come and take it.

800px-Texas_Flag_Come_and_Take_It.svg.png
 
So supposedly they are going after existing "high-round clips."

"Silver said the deal is expected to reduce the bullet capacity for magazines to seven, from 10, and no longer exempt high-round clips manufactured before 1994...He said the legislation will require owners of guns that become illegal under the stricter statute to register their weapons and that the new laws will prohibit transfer of those weapons."

http://www.nypost.com/p/news/local/ny_senate_leader_says_he_expects_d4DTQm0ulHNfjI047Zlz4M

Discuss...

So is it go time in NY?
 
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