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Old February 14, 2014, 02:14 PM   #88
Brian Pfleuger
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Join Date: June 25, 2008
Location: Central, Southern NY, USA
Posts: 18,791
Quote:
Originally Posted by Luger_carbine
I certainly hope I'm wrong, but the two issues that I see Peruta affecting most strongly are may issue and fees like in Kwong, Micro-Stamping and mag caps - not so much.

Well, that's true but that's a lot like saying that the antibiotic I got for my cold isn't going to do anything for the ant infestation at my house. That's because they are unrelated.

One of the more frustrating parts of these cases for me is how narrowly the questions are asked and answered. I wish it weren't so but it is. The courts only address the exact, specific question and generally nothing else.

This one actually goes farther than most, at least as many as I've read, in that it mentions other questions and concepts but says things like "We're not here to answer that..." Even so, it would seem that the mere mention of the unanswered question in the context would indicate that they believe it would require the same sort of scrutiny.

We need specific cases to address those other questions. Yeah, it sucks, but it is what it is.

The 7 round loaded mag limit portion of the NY (un)SAFE Act has already been struck down. Assuming that decision holds, the next question would be how the 10 round limit is any better, since it is also arbitrary and is not the "standard" magazine for most guns. SCOTUS has already declared a "common use" standard for bans. It can not be logically claimed that standard capacity magazines are not "common use" when the only reason lower capacity mags even exist (in many cases) is to satisfy state requirements against the standard mags. Ultimately, I think it would/should be argued that the mag limit is actually a ban on the firearms themselves, since they can not be imported to the state with their "standard" magazine so any gun for which he company doesn't make a specific NY (or CA) model is banned, which should fail the common use ban test.
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