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Old February 15, 2014, 09:25 AM   #100
wnycollector
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Join Date: April 22, 2007
Posts: 1,829
Quote:
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.
Maybe this decision smacked some sense into the 2nd and they apply it to NYSRPA's appeal
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