Thursday, February 7, 2013

Lawsuit Against Governor Cuomo's Gun Control Legislation

     The NRA and the New York State Rifle and Pistol Association are preparing to file a lawsuit against the NY SAFE Act, the gun control legislation passed by Governor Cuomo. I hope they are successful, however I have some trepidation over it if the ban is to be upheld. Some question whether the ban is constitutional because it bans a majority of hand guns due to the magazine limitation being set at seven rounds now. But I would think that it is blatantly un-Constitutional just by virtue of the fact that it bans the AR-15 rifle.

     Justice Antonin Scalia, in his majority opinion in DC v Heller, stated that the Second Amendment is not an "unlimited right," that the government can regulate arms ownership, and that dangerous and unusual weapons can be regulated or banned. True, but the AR-15 is not a dangerous or unusual weapon. It is to the contrary a low-powered rifle that until the past few decades wasn't even taken seriously by most serious gun enthusiasts, who viewed it as nothing more then one step above being a toy. It has been on the market since 1964, and has been the best-selling rifle in this country for some years now, and a very good selling rifle in years before that, which is why so many companies manufacture AR-15 rifles nowadays. As such, there is nothing "dangerous" or "unusual" about it. It is the contrary, the epitomy of the type of gun that the Second Amendment should explicitly protect.

     I wish the 2nd Amendment lawyers in this case the best of luck.

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