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Three 2A cases tossed. Hopefully the other 2 are headed soon. November 3 is the big day.
 

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Discussion Starter · #3 ·
I am thinking the two kept make sense. Currently NYSRPA vs Cortlet will decide the right to bear arms outside the home. The two cases kept involve (1) The right to open carry in Hawaii (2) The NJ requirement that residents dispose of magazines with a greater than 10 round capacity.

I am trying to be an optimist and think that the Court is being strategic about what issues should be decided and in what order.
 

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Two very important cases. Open Carry and Civilian ownership of High capacity magazines, both illegal in New York. If the SCOTUS rules that New York violated the Second Amendment with carrying outside the home. I expect they will entertain at least the magazine restrictions. That will remove a portion of the Safe Act.
 

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Discussion Starter · #6 ·
One interesting thing about the NJ magazine restriction is that the argument centers around the uncompensated taking of magazines that can hold over 10 rounds.

I hope you are correct and that Cortlet rules that we have a right to carry for self defense and that the NJ case overturns a portion of the safe act. I am also tired of having to take out three bullets out of my 10 round magazine on my way to the range.
 

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One interesting thing about the NJ magazine restriction is that the argument centers around the uncompensated taking of magazines that can hold over 10 rounds.

I hope you are correct and that Cortlet rules that we have a right to carry for self defense and that the NJ case overturns a portion of the safe act. I am also tired of having to take out three bullets out of my 10 round magazine on my way to the range.
The magazine can only be loaded to the maximum capacity of 10 rounds at the range. Invest in more magazines with 7 rounds loaded in the magazine. An overzealous political DA might charge per each cartridge in the 10 round magazine.
 

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The magazine can only be loaded to the maximum capacity of 10 rounds at the range. Invest in more magazines with 7 rounds loaded in the magazine. An overzealous political DA might charge per each cartridge in the 10 round magazine.
the 7 round rule was repealed from what ive read
 

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Discussion Starter · #9 ·
The 7 round law was deemed unconstitutional by a Federal Court with jurisdiction in upstate NY. No one has tested the applicability in Nassau and Suffolk. So for now 10 round magazines with 10 rounds at the range and 7 rounds when carrying concealed. My point above is that I think we all agree that the 7 round restriction in a 10 round magazine is doubly ridiculous.
 

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Discussion Starter · #10 ·
…… or if I want to get lawyerly 7 in the magazine and one in the chamber
 

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The 7 round law was deemed unconstitutional by a Federal Court with jurisdiction in upstate NY. No one has tested the applicability in Nassau and Suffolk. So for now 10 round magazines with 10 rounds at the range and 7 rounds when carrying concealed. My point above is that I think we all agree that the 7 round restriction in a 10 round magazine is doubly ridiculous.
It’s the Western part of New York, you may load 10 rounds. If an officer was to arrest you, the officer would face a federal lawsuit and lose for violating your civil rights.
 

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The 7 round law was deemed unconstitutional by a Federal Court with jurisdiction in upstate NY. No one has tested the applicability in Nassau and Suffolk. So for now 10 round magazines with 10 rounds at the range and 7 rounds when carrying concealed. My point above is that I think we all agree that the 7 round restriction in a 10 round magazine is doubly ridiculous.
The 7 round ruling was affirmed by the 2nd Circuit Court of Appeals and is thus the law of the entire state: you can load 10+1 in Nassau Suffolk.
 
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One of the arguments being made by these 152 members of Congress is that the exercise of your 2nd Amendment rights infringes on others 1st Amendment rights (speech). How does carrying CONCEALED inhibit someone else's freedom of speech? Has that been an issue in FL, PA, NC, GA, TN, TX and all of the other states where self-defense is proper cause?

It's incredible the depths of stupidity these people will go to in order to suppress the right of others to exercising a Constitutional right.
 
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My retired buddy looked this up on his phone. He has an app. He said anything over 7 is no good. No idea what the app is or when it was last updated.
Don't take legal advice from cops or a retired guy with an app. Read the decision in the Second Circuit's NYSPRA v. Cuomo:
"New York's seven round load limit does not survive intermediate scrutiny in the absence of requisite record evidence and a substantial relationship between the statutory provision and important state safety interests. We therefore AFFIRM the judgment of the Western District of New York insofar as it held this provision unconstitutional "
 

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Discussion Starter · #18 ·
Grifhunter,

Thank you for the link and for those of you who like me were confused. The United States Court of Appeals for the Second Circuit has jurisdiction over: the Districts of CT, VT and the Eastern, Northern, Southern and Western Districts of NY. So if I am reading this correctly since the Court is affirming the decision from the Western District of NY the 7 round restriction is now unconstitutional throughout the whole State of NY.

Quote from the Decision (dated August 2014): New York’s seven‐round load limit does not survive intermediate scrutiny in the absence of requisite record evidence and a substantial relationship between the statutory provision and important state safety interests. We therefore AFFIRM the judgment of the Western District of New York insofar as it held this provision unconstitutional.

The issue I continue to have is that since the Safe Act has not been amended, in theory, you could still get arrested. Eventually, after a long and expensive legal battle you will win. Is it worth the risk?

I would like to hear other's opinion on this topic.

RSL
 

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Grifhunter,

Thank you for the link and for those of you who like me were confused. The United States Court of Appeals for the Second Circuit has jurisdiction over: the Districts of CT, VT and the Eastern, Northern, Southern and Western Districts of NY. So if I am reading this correctly since the Court is affirming the decision from the Western District of NY the 7 round restriction is now unconstitutional throughout the whole State of NY.

Quote from the Decision (dated August 2014): New York’s seven‐round load limit does not survive intermediate scrutiny in the absence of requisite record evidence and a substantial relationship between the statutory provision and important state safety interests. We therefore AFFIRM the judgment of the Western District of New York insofar as it held this provision unconstitutional.

The issue I continue to have is that since the Safe Act has not been amended, in theory, you could still get arrested. Eventually, after a long and expensive legal battle you will win. Is it worth the risk?

I would like to hear other's opinion on this topic.

RSL
I will ask my friend more about the app now I am curious. But I know it was same one he was using while on the job. Basically he would arrest me. LOL
 
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