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Old February 28, 2013, 12:50 PM   #198
Senior Member
Join Date: February 14, 2013
Posts: 138
The guy I quoted claims he knows it, but this is the internet.

"The article says the attorney was based out of Buffalo. That’s where I got that from.

The problem here is that neither the NY Court of Appeals (highest state court) nor the 2nd Circuit Court of Appeals (the federal appellate court) will ever overturn the NY Safe Act on 2nd Amendment grounds. We have absolutely zero chance. Moreover, the US Supreme Court typically doesn’t agree to review a case unless there is a split in the circuits. This means that a 2nd Amendment challenge will most likely result in bad precedent.

The better bet is probably to challenge the law for violating the three-day waiting period required before a vote is held on legislation. That has a much better chance of success. If that works, we win. If it doesn’t work, then we could still bring a new case on 2A grounds and hope the U.S. Supreme Court agrees to review. This approach is similar to how that CA ammo law was challenged and overturned. It wasn’t on 2A grounds, but on a state procedural technicality."

Can we get someone to say whether this whole thing even means something or if it doesn't? That would help.
Massachusetts Native (Tough to be a gun owner!)

Owner of: S&W Model 10-5, Beretta 92fs and a Mossberg Maverick 88 "Security" Shotgun
MercyfulFate is offline  
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