SD joins states challenging NY gun ban

[Doc]

An interesting new avenue of the fight against the NYS Safe Act.

 http://wivb.com/2014/05/07/south-dakota-ag-challenges-new-york-gun-ban/

 

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PIERRE, S.D. (AP) — A New York state ban on semi-automatic weapons sets a worrying precedent that could affect the rights of South Dakotans and people across the country to use such weapons in hunting, the South Dakota Attorney General said in a court filing.

South Dakota joined 21 states in supporting a court challenge to New York’s ban on semi-automatic weapons. South Dakota Attorney General Marty Jackley said semi-automatic guns are among the “arms” protected by the Second Amendment to the U.S. Constitution, so the New York ban is unconstitutional.

“Hunting with semi-automatic firearms for pheasant, waterfowl and big game is commonplace in South Dakota,” Jackley said in a statement. “While the ban only applies to New York at this time, the federal court’s upholding of the gun ban sets a concerning precedent interpreting limitations on Second Amendment rights of all law-abiding citizens including here in South Dakota.”

A federal judge in December allowed most of New York’s new gun control law to stand, rejecting arguments that its bans on large-capacity magazines and the sale of popular semi-automatic rifles violates gun rights.

Judge William Skretny in Buffalo, New York, argued that those provisions in the law are constitutional because they’re related to achieving an “important governmental interest” in public safety. The law was adopted following the shooting at a Newtown, Connecticut elementary school in late 2012.

The New York affiliate of the National Rifle Association, sportsmen’s groups, firearms businesses and gun owners filed the suit.

The “friend of the court” brief signed by the 22 states was filed in the 2nd U.S. Circuit Court of Appeals based in New York.

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The case is Nojay v. Cuomo.

 

[philoshop]

Nice to see this kind of growing support for our cause.

It's apparent that people from all over the country understand just how close they all are to being in our situation.

[Lawdwaz]

Cheers!

 

Thats nice to see all the support.

[moog5050]

Good news.  Amicus briefs are always helpful.

[ants]

Very good to hear……...

[LIWaterman]

" A New York state ban on semi-automatic weapons sets a worrying precedent that could affect the rights of South Dakotans and people across the country to use such weapons in hunting"

 

​Where does the second amendment reference hunting?

[MikeOC]

Exactly, the second was designed for citizens to defend themselves. Somehow hunters constantly get tossed in the arguments.

[steve863]

An interesting new avenue of the fight against the NYS Safe Act.

 http://wivb.com/2014/05/07/south-dakota-ag-challenges-new-york-gun-ban/

 

-----------------------------------------------------------------------------------

PIERRE, S.D. (AP) — A New York state ban on semi-automatic weapons sets a worrying precedent that could affect the rights of South Dakotans and people across the country to use such weapons in hunting, the South Dakota Attorney General said in a court filing.

South Dakota joined 21 states in supporting a court challenge to New York’s ban on semi-automatic weapons. South Dakota Attorney General Marty Jackley said semi-automatic guns are among the “arms” protected by the Second Amendment to the U.S. Constitution, so the New York ban is unconstitutional.

“Hunting with semi-automatic firearms for pheasant, waterfowl and big game is commonplace in South Dakota,” Jackley said in a statement. “While the ban only applies to New York at this time, the federal court’s upholding of the gun ban sets a concerning precedent interpreting limitations on Second Amendment rights of all law-abiding citizens including here in South Dakota.”

 

 

 

 

Maybe someone can enlighten me, but where is there a ban on ALL semi-auto weapons in NYS??  I own BOTH a semi-auto rifle and shotgun, and NO one is considering them illegal.   In addition, there is definitely NO ban on hunting with ALL semi-auto weapons in NYS either.  This is a BS challenge made up by people who don't even have all the facts straight about the SAFE act in NYS.  Sorry to tell you, but this won't go anywhere, or have any effect on changing the law in NYS.

[bubba]

No one is considering them illegal yet.  If cuomo gets re elected they will be considered assault weapons with new legislation in waiting for next january.  The next step to wrangle in ny complaint ar's consider all semiautos assault weapons.  As I have said all along we were the test state.  These other states do not want the same thing.  That is what will happen if we do not mount a resistance to this here.  Or a federal level law if the same or worse.  The time for sitting on our hands is over.

[Doc]

 

Maybe someone can enlighten me, but where is there a ban on ALL semi-auto weapons in NYS??  I own BOTH a semi-auto rifle and shotgun, and NO one is considering them illegal.   In addition, there is definitely NO ban on hunting with ALL semi-auto weapons in NYS either.  This is a BS challenge made up by people who don't even have all the facts straight about the SAFE act in NYS.  Sorry to tell you, but this won't go anywhere, or have any effect on changing the law in NYS.

 

While this guy's quote was not stated as clearly as it should have (And perhaps the reporter was lifting things without supplying context), the focus of the legal action is reflected in  this part of what he said: "South Dakota Attorney General Marty Jackley said semi-automatic guns are among the “arms” protected by the Second Amendment to the U.S. Constitution, so the New York ban is unconstitutional."

 

The safe act does talk about so-called "assault rifles" being semi-automatic. This guy is simply pointing out that even semi-automatic rifles are protected by the 2nd Amendment. All the talk of hunting is simply mentioning one common application for these kinds of rifles. I didn't interpret that as meaning that hunting was the only purpose of them.

 

In terms of where this action will lead, I doubt anyone here is qualified to have a credible opinion on that.

[philoshop]

People around the country are very concerned with what's happening here because it sets a precedent with regard to anti-2A legislation not only in other states, but at the federal level as well. Another liberal administration in the White House could very well pass a national type of SAFE act, citing NYS as a precedent upheld in the courts.

 

As far as the argument that "the SAFE act doesn't affect me because I don't own an AR-15... ", get your head outta the sand. I can't put it any more delicately. The current administration in NYS wants to take guns out of the hands of civilians, and in the process set a precedent for other states to follow. The laws are already written for the next step in NY, as Bubba outlined in an earlier post here. Then it's a march toward the White House.

[adkbuck]

 

As far as the argument that "the SAFE act doesn't affect me because I don't own an AR-15... ", get your head outta the sand. I can't put it any more delicately. The current administration in NYS wants to take guns out of the hands of civilians, and in the process set a precedent for other states to follow. The laws are already written for the next step in NY, as Bubba outlined in an earlier post here. Then it's a march toward the White House.

 

 

Good Point, The History of Anti Second Amendment Legislation is incremental removal of rights.   Your AR-15 today, your Remington 1100 tomorrow, next all repeaters. 

[WNYBuckHunter]

Good Point, The History of Anti Second Amendment Legislation is incremental removal of rights. Your AR-15 today, your Remington 1100 tomorrow, next all repeaters.

If your 1100 has a thumbhole stock, its already an assault weapon.