New York Safe Act Upheld In Court

[Model39]

The courts this week have ruled that the New York Safe Act does not infringe on the Second Amendment rights of New York gun owners. The only part that was rejected was the limit of 7 round magazines, which the court said was wrong since most gun companies don't make 7 round magazines. 10 round magazines are allowed, but nothing else has changed. It's no surprise with the makeup of the courts that this would be the outcome. The lawsuit will eventually make it's way to the US Supreme Court, but it will be hard to predict what that outcome will be depending on the makeup of the court by the time the lawsuit gets to there.

 

[Watchdog]

The lawsuit will eventually make it's way to the US Supreme Court, but it will be hard to predict what that outcome will be depending on the makeup of the court by the time the lawsuit gets to there.

Unless a Supreme Court justice dies or retires, the makeup of SCOTUS will likely be the same for at least another two years. A new president won't be sworn in until 2017, and even if he's tasked with appointing a new justice, the confirmation process is often a drawn out and contentious affair.

 

[CoMF]

If the makeup of the Supreme Court were to remain the same, I'm not entirely optimistic that the SAFE Act would be overturned, especially given Scalia's "reasonable restrictions" statements (paraphrased, not his actual words) in the majority opinion of DC vs. Heller.

It'd probably take a super lawyer like Alan Gura to successfully argue that the context of the 2nd was when private citizens owned firearms that were equal to what the standing armies of the time were equipped with, i.e. ones that were suitable for "militia" purposes.

IANAL, though. And musing any further on this would probably run afoul of Lee's prescribed rules for this board.