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Old 02-01-2013, 16:14   #26
kensb2
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Who decides who decides what is Constitutional and what is not?
Wouldn't that be the officials elected by 'We the People' when they vote to ratify the whole or part of the Constitution of a given state?

At the Federal level, I think the SCOTUS at some point decided it was their job to decide, regardless of who it was supposed to fall to. I'm sure someone smarter will come along and let me know if I'm wrong. I'm no lawyer!
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Old 02-01-2013, 16:14   #27
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The biggest threat to average citizens life and liberty is their own government.
Make enough laws and everybody will eventually become a criminal.
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Old 02-01-2013, 16:16   #28
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In NY, is a vehicle considered an extension of the house?
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Old 02-01-2013, 16:19   #29
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This just in.......
Veteran goes to jail for having pieces of plastic.
Car thieves set free.
You did read the part where he was "released without bail" right?
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Old 02-01-2013, 16:20   #30
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In NY, is a vehicle considered an extension of the house?
For what purpose?
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Old 02-01-2013, 16:26   #31
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I would think any one with a small business would be using their car a second office.
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Old 02-01-2013, 16:27   #32
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For what purpose?
In NM I can have a concealed loaded weapon in my vehicle because my vehicle is considered an extension of the house.
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Old 02-01-2013, 17:14   #33
kensb2
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In NM I can have a concealed loaded weapon in my vehicle because my vehicle is considered an extension of the house.
I believe OK also recently passed a law that made this the case (extension), but I don't think they specifically said you could have a weapon in your vehicle because of it. I think Sen. Dahm is working on it.
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Old 02-01-2013, 17:23   #34
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Cops don't get to pick and choose which laws they enforce. If you allow that, you get anarchy.

Buhaaahaaa haaa haaa


You made me laugh really hard with that statement!
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Old 02-01-2013, 17:59   #35
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One could argue that the fourteenth amendment applies the second amendment to the states. In fact that was the argument which carried the McDonald vs Chicago case.

http://en.m.wikipedia.org/wiki/Privi...ause#section_2


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Old 02-01-2013, 18:09   #36
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One could argue that the fourteenth amendment applies the second amendment to the states. In fact that was the argument which carried the McDonald vs Chicago case.

http://en.m.wikipedia.org/wiki/Privi...ause#section_2


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You are right!

NY can't ban all handguns!

By inference they can't ban ALL rifles or ALL shotguns.

The rest is undecided by the Supreme Court. Future cases will draw the lines.
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Old 02-01-2013, 18:11   #37
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I guess this settles that question about whether police officers will enforce an anti Second Amendment law or not.
is that a shocker ?
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Old 02-01-2013, 18:55   #38
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In NM I can have a concealed loaded weapon in my vehicle because my vehicle is considered an extension of the house.
In Texas you used to have a concealed carry license to do that. Now, they consider if you are "traveling" whatever that means, that you can have it in your vehicle without a concealed carry license.
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Old 02-01-2013, 19:08   #39
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In Texas you used to have a concealed carry license to do that. Now, they consider if you are "traveling" whatever that means, that you can have it in your vehicle without a concealed carry license.
True, but it does not allow you to have prohibited items, just because you are in the car.
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Old 02-01-2013, 19:11   #40
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In Texas you used to have a concealed carry license to do that. Now, they consider if you are "traveling" whatever that means, that you can have it in your vehicle without a concealed carry license.
The traveling defense is not relevant anymore. You are legal to have a handgun concealed in your vehicle WITHOUT a license so long as you are not a criminal.
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Old 02-01-2013, 19:20   #41
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I was under the impression that 30 round mags were legal in NY so long as they were pre-ban/94. Maybe he has a defense?
Let's hope they were pre-ban, or that the state can't prove otherwise.

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Old 02-01-2013, 19:46   #42
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The 1994 AWB never sun set in NY. LE recently was at the local ranges on Long Island confiscating firearms and magazines that were alleged to be made afterb1994 and non compliant.

They may have been marked "for military LE only" as was the case for some time during the AWB. LE also knows enough that cretin items were not available before 1994 like magpul IIRC was not around, so they would be considered a non compliant or banned item even if not marked.

IF (and that's a big if) you have pre ban magazines you have until 1/2014 to get rid of them outside of NY. As of April of 2013 you must not load more then 7 rounds in anything but you can't own anything that holds more then 10. Clear as mud.
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Old 02-01-2013, 20:28   #43
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Mr. Haddad should just explain that he is a reporter doing a story about the evils of gun ownership and all this will go away.
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Old 02-01-2013, 21:19   #44
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The 1994 AWB never sun set in NY. LE recently was at the local ranges on Long Island confiscating firearms and magazines that were alleged to be made afterb1994 and non compliant.

They may have been marked "for military LE only" as was the case for some time during the AWB. LE also knows enough that cretin items were not available before 1994 like magpul IIRC was not around, so they would be considered a non compliant or banned item even if not marked.

IF (and that's a big if) you have pre ban magazines you have until 1/2014 to get rid of them outside of NY. As of April of 2013 you must not load more then 7 rounds in anything but you can't own anything that holds more then 10. Clear as mud.
interesting . NY i learn something new daily .
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Old 02-02-2013, 02:44   #45
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I think a better question is, how does the state prove they are post-ban? Unfortunately, it's still expensive to hire a lawyer.

Also, you need new friends.
In NY, it is an affirmative defense that they are pre ban. This means that the defendant has to prove that they are pre ban....the prosecutor does not have to prove that they are not. It's all in the way that the law is written.
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Old 02-02-2013, 05:24   #46
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Hopefully they are pre 1994 ban magazines .The new laws suck and hopefully can be overturned, This really has nothing to do with the new laws

the current ban has been in place since 1994

30 round magazines have been illegal to own unless they were manufactured prior to 1994 .

It used to be real easy to get 30 round magazines or high capacity all you had to do was go to an out of state gun show and then bring them home.but we all knew that would be illegal and you risked the chance of getting caught.

If they were not pre ban magazines and if he lived in another state and owned them and brought them into NY he could have paid to have them converted to NY compliant magazines.

So I do thank him for his service, I do feel sorry he is in this mess, but if they were not pre ban magazines he made a choice to put himself in this mess,

I don't say I agree with the laws.I just know if I chose not to follow them I put my self at risk for prosecution.

Now out of state people will always say well you "voted them in" I did not vote them in,my son did not vote them in. and this fall my Daughter will be able to say she did not vote them in .

out of stater will also say move .
well i am just finding out it just not that easy to pick up and find a new state
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Old 02-02-2013, 05:50   #47
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Hold on there, varmits! It's been a few years since I checked but the Jefferson County Sheriff was CCW-friendly and issued carry permits. There are plenty of county sheriff's who won't. When I checked at the time if you lived in the county where Syracuse is you cannot get a carry permit. Jefferson County is mostly very rural.

Let's see what happens.
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Old 02-02-2013, 05:56   #48
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I don't get this. The law they enforced is a long-standing one. Until the law is challenged by someone, and overturned, it's a law.

Cops don't get to pick and choose which laws they enforce. If you allow that, you get anarchy.

NY has banned magazines over 10 rounds for a LONG time.

The fluff about his service in the military is nice, but has nothing to do with the fact that he possessed magazines that were illegal under state law.

I would suggest that he fight it, and use himself as the case to have the law overturned. But, that's easy for me to say, I'm not the one looking at the criminal penalties associated with the violation.
He broke an illegal law which makes him a patriot in my book!
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Old 02-02-2013, 06:02   #49
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Legal defense fund, donate.

www.gofundme.com/1tkukc
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Old 02-02-2013, 06:04   #50
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Despicable!

Doesn't seem like America, anymore, to me. The men who raised me, the men whom I idolized in my youth, suffered terribly through two world wars and Korea. They carried both the physical and emotional scars of their battles with them for the rest of their lives.

I'm really trying to get used to all of this insane gun legislation - Legislation that would have had no place, at all, in the America of my youth. Today the world, in general; and this country, in particular, appear to be going mad.

Just like the Holy Bible, the American Constitution and the Bill Of Rights are becoming obsolete; and everybody's going Socialist and eating Mexican rather than simply being the Republicans and Democrats I remember from my youth.

I grew up eating meals like: Mulligan stew, pot roast, pork and sauerkraut, Virginia ham and scalloped potatoes; and, every once in awhile, Spaghetti dishes. Frankly, I don't want to, 'Live mas!', or eat at Taco Bell. I hate refried beans!

The old, 'insane' is now today's, 'normal'. In a nation that wouldn't long survive without a heavily armed military, everybody is expected to serve, then (If they survive.) come home, and surrender all their guns - The whole thing is crazy and very un:american!

(I guess it really is the devil's world! I can't think of any other rational explanation for all of this insane Socialist crap.)

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