March 5th, 2013

New York Courts May Kill Cuomo Assault on Gun Rights

Statue of Liberty

Wow! Is the New York Supreme Court actually going to stand up for the Second Amendment Rights of New Yorkers? Looks like it just might. Good for them. – Shorty Dawkins, Associate Editor

Article from the New American:

In a move widely celebrated by activists, New York Supreme Court justices last week ordered Democrat Gov. Andrew Cuomo’s administration to prove by the end of next month that its recent assault on gun rights is actually constitutional — critics and experts say it clearly violates both the U.S. and state constitutions. The extraordinary speed used to adopt the controversial legislation, which appears to have violated a separate provision in the state constitution, is also facing scrutiny from the judicial branch.

If the state government fails to prove its case on both counts in the time frame provided, the unprecedented attack on gun rights may be struck down entirely, or at least temporarily rendered void. Gun rights activists have been pursuing multiple strategies to defeat the controversial infringements on the right to keep and bear arms adopted in New York. However, attacking them in the courts is seen by activists as among the most viable, at least at this point.
The statute in question, the so-called “NY SAFE Act,” purports to limit firearms to seven rounds and ban most semi-automatic weapons and standard-capacity magazines. Other unconstitutional and highly controversial provisions aim to, for example, mandate gun-owner registration with authorities while demanding government approval for virtually every firearm transfer.

Read more Here.

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10 Responses to “New York Courts May Kill Cuomo Assault on Gun Rights”

  1. 1
    csaaphill Says:

    can only hope.

  2. 2
    Kathryn " Kat " Weishar Says:

    I, having participated in the beginning of this debacle, tried to get all NYS sheriffs to join with us as Oath Keepers. At the time I did not foresee the turn of events this would take.
    After having written to all 63 and spoken with a large portion thereof they were all pretty well aware of who I was and what I was about.

    When the proverbial SHTF regarding the rights of gun owners in New York erroneously named safe, I turned my quest into a more determined than ever movement to reach out, touch, not teach, and infuriate rather than inform, my 63 targets.( Sorry for that, I am not a terrorist.)

    This time I spared nothing in talking to the ones first on my list. It was imperative that they all sign on in our fight to repeal the SAFE ACT.

    Then I was informed that real progress had been made and I knew of three, possibly four, that I had talked to who definitively offered their names and support.

    They now number quite a few and I, with humility, hope I was in some way responsible, along with other New York Oath Keepers, in achieving this monumental goal.

    I now say here I will not cede responsibility to another. I agreed to get all of the sheriffs in a cohesive and concerted unity of purpose in defense of our Second Amendment right, along with the hope I can have more sheriffs join with us as Oath Keepers, making certain they reaffirm the words of the oath that they have maintained thus far in their careers and God willing, the remainder of their lives.

    If ever feelings of Patriotism coursed through my veins, it is now, feeling that I may have in some small manner participated in a moment of history stopping what could have changed our lives forever.

    I know the fight is not over, nor is my job completed. For an individual to quit amidst a raging battles is tantamount to cowardice and their sworn oath meaning not a thing.

    We were the first state to take the initiative to change and eventually remove our Second Amendment, for once a fool always an idiot, showing the strength of the human spirit and love of our Constitution and Bill of Rights, in letting the fools take from us what is not their right to do so.

    Molon Labe is now an addendum when I speak the words of our Pledge of Allegiance

    I am asking all who read this to become a part of our history for our progeny to read of one day and realize how euphoric that feeling truly is.

  3. 3
    Kathryn " Kat " Weishar Says:

    For about a year now, I have been writing and talking to the Sheriffs of 63 counties in NYS.

    My original objective was to ask them to uphold their oath while serving and after their terms were over. It is a lifetime promise spoken with, hopefully, honesty and sense of purpose, the words having a profound effect that will not be relinquished, ever.

    I wrote one in E-mail form, the others printed out to each sheriff, hand written in, on stationary I put together with various Oath Keeper signs and symbols, then mailed out to each of the 63.

    Little did I know or foresee that this would lead me down a different path, one not for membership in Oath Keepers but as believers and defenders of our rights as stated in our Bill Of Rights.

    A shooting at yet another school brought back the call for gun control with a vengeance.The fact there were lives of innocent children taken was of course diabolical. It was his choice of weapon that rendered the need of stricter gun laws to be in the headlines immediately. The loss of life for a child whose innocence and adulthood are not to be is one of the most egregious acts one barbaric human can impose on another.

    My pleas for membership in OKS changed precipitously to the asking of all NYS sheriffs to help repeal the SAFE ACT……any proposal to remove gun ownership or stricter control over them is one of the ways you can get our elected officials to act quicker than any other topic. This in and of itself is amazing since a huge portion of the hypocrites themselves own guns. What is a week-end without some skeet shooting or a nice hunt for a little red animal? ( Just being facetious, sarcastic?…hmmm, I wonder.)

    They tend to forget they are taking on the largest lobbying contingency in Congress. They simply do not grasp the simple statement: ” Guns do not kill, it is the morons choosing and using them that do that, with or without provocation.)

    My requests to the sheriffs now was for their support in repealing the act before it was too late to do so.

    WE have quite a few now signed on in our battle to protect our rights as responsible gun owners. I am proud to think that I may have been of some help in what is a moment in our history. It is a feeling unlike any other to sense Patriotism coursing through one’s veins and the commitment of hope for our progeny.

    I am now writing an article about my moment in history that means so much to me and all my Oath Keeper brothers and sisters. I do this for all and all I do is for you.

  4. 4
    Deborah Says:

    They also need to be clearing anyone’s name recently arrested especially the one with empty mags. He was arrested before anything was placed in effect. Bad when the police don’t know the law.

  5. 5
    Pilgrims Pride Says:

    For those not up to date with their “Law and Order” viewing, bear in mind a technicality of the New York state court system: “supreme” court in New York is what other states call an “appellate” court. In fact, their system and corresponding nomenclature is quite different from the rest of the Anglosphere. Wikipedia gives a good summary for interested readers:

  6. 6
    Darin Bowers Says:

    Deborah, i totally agree with you. They need to release him. Pronto.
    New Yorkers need to demand this.

  7. 7
    csaaphill Says:

    don’t hold your breath though my expectation is these laws are all upheld

  8. 8
    SIGO Says:

    Great job, Kat! I am glad to see that New Yorkers are standing up. We in the blogisphere can scream and shout all we want. It will take the people of NY to fix this travesty. I hope they get the support of the court.

    Its been a while since I read about the soldier that had the empty mags. One question… Wasn’t he actually breaking a law already in affect? If I am mistaken, please let me know.

    “God Bless America” is not a cliche. It is a prayer.

  9. 9
    csaaphill Says:

    Haddad the guy in question had pre 1994 ban magazines that he didn’t know were ilegal. He was told or thought they were perfectly legal. For me though regardless those charges should be dropped.

  10. 10
    Kathryn " Kat " Weishar Says:

    We must not allow ourselves to become at ease in a place of complacency. If we let our guard down now, considering us the victors would be a grave and egregious error.

    When dealing with TBTB in New York or Washington once we feel we have achieved our purpose it becomes our responsibility to maintain what we have accomplished so far knowing ” it ain’t over till it’s over”.

    To not keep in pursuit of our target,( pun intended ) we must be ever vigilant for to do nothing and not follow up on it gives them control and the advantage over us.

    Complacency and passing the buck is what got us in the mess we are in today as a Nation.


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