The Firing Line Forums - View Single Post - Dywinski v. State Of New York (SAFE Act Challenge)

Maxb49 · February 5, 2013, 04:21 PM

Carguychris:

Thank you for bringing up the LCAFD. The legal team thought that the most useful way to attack the bill would be to show that the LCAFD (not the assault weapon ban) amendments would outlaw guns, particularly the 870 - a popular firearm whose production employs over a thousand New Yorkers - that are commonly owned and protected under the Heller doctrine.

A lot of people have been calling the office asking why their shotgun is outlawed. If you read the actual text of the NY SAFE Act, any magazine that holds more than 10 rounds, or can easily be modified to hold more than 10 rounds, classifies as a LCAFD and must be surrendered/sold. First of all, every shotgun can be easily modified, by the average person, to hold more than ten rounds with a simple magazine extension tube. Secondly, most pump action shotguns can hold more than seven 1 3/4" shells, and many of them can hold 12+. If shotguns are protected, and we certainly believe they are, the SAFE Act's LCAFD law is unconstitutionally overbroad, period, end of case.

The legal team appears to have been viruently attacked on the LIFirearms message board, perhaps someone from that site would like to come over this way for a discussion.

February 5, 2013, 04:21 PM	#60
Maxb49 Senior Member Join Date: March 8, 2007 Location: Jamestown, New York Posts: 256	Carguychris: Thank you for bringing up the LCAFD. The legal team thought that the most useful way to attack the bill would be to show that the LCAFD (not the assault weapon ban) amendments would outlaw guns, particularly the 870 - a popular firearm whose production employs over a thousand New Yorkers - that are commonly owned and protected under the Heller doctrine. A lot of people have been calling the office asking why their shotgun is outlawed. If you read the actual text of the NY SAFE Act, any magazine that holds more than 10 rounds, or can easily be modified to hold more than 10 rounds, classifies as a LCAFD and must be surrendered/sold. First of all, every shotgun can be easily modified, by the average person, to hold more than ten rounds with a simple magazine extension tube. Secondly, most pump action shotguns can hold more than seven 1 3/4" shells, and many of them can hold 12+. If shotguns are protected, and we certainly believe they are, the SAFE Act's LCAFD law is unconstitutionally overbroad, period, end of case. The legal team appears to have been viruently attacked on the LIFirearms message board, perhaps someone from that site would like to come over this way for a discussion.