New York – LonelyMachines

NY SAFE Act Upheld at District Court

Chief U.S. District Judge William M. Skretny ruled today on the constitutionality of New York’s SAFE Act [pdf]. Yet again, the right to keep and bear arms is subject to intermediate, not strict, scrutiny. Citing Justice Breyer’s dissent in the Heller case, the court held that a lower standard applies, saying “these types of restrictions are presumably justified because of the unique ability of firearms to upset and disrupt public order.”

Some of Skretny’s citations are truly bizarre. He falls back on a 1998 ATF study on “sporting purposes” and articles from Mother Jones, of all things. But hey, this is New York, and he’s doing the job he was appointed to do.

Civil Rights

Dark Day for the Empire State

The New York Assembly has passed the NY SAFE Act of 2013. It’s on its way to Governor Cuomo’s desk, where it will quickly be signed into law.

I have to admit, I thought this was too extreme to pass. I was wrong.

One of the main provisions was that handgun magazine capacity would be limited to 7 rounds for civilians. A 10-round limit is one thing, but a 7-round limit pretty much bans every semiautomatic service pistol in the state. It flies in the face of the Supreme Court’s Heller decision, and I’m astounded to see that passed.

Republican Senator Dean Skelos had this to say on its passage:

It is well-balanced, it protects the Second Amendment. And there is no confiscation of weapons, which was at one time being considered.

So New Yorkers are being spared the indignity of outright confiscation in favor of a simple ban.

Continued...