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Discussion Starter · #1 ·
Great summary video of the 5 cases. They will be considered at the Sept 27 conference….could be real interesting….


 
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Discussion Starter · #2 ·
So if you are interested in following these cases here are some links…

List of conference cases…


The specific 5 cases…


No. 20-1507
Association of New Jersey Rifle & Pistol Clubs, Inc., et al. v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al.

No. 20-1419
Reb Russell, II v. New Jersey

No. 20-1639
George K. Young, Jr. v. Hawaii, et al.

No. 20-1640
Frederick M. Weber v. Ohio

No. 20-1706
Leevan Roundtree v. Wisconsin

SCOTUS - search their website for all details of the cases.
Use the case number in search…

 
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Blue Steel,

Thank you for the update.

As I read what these cases are about I think that as the SCOTUS decides which cases to review and not review it will be very telling of what direction they are heading towards.

To the extent that gun control advocates are upset— it is also interesting to note that the reason these cases are going all the way to the Supreme Court is that the restrictions in places like Nassau, Suffolk, NJ…..are not reasonable thereby opening the door to a number of licensing schemes being deemed illegal/unconstitutional.

If NY had a rigorous licensing scheme applied equally and with objective standards across the State, Cortlett would not be going to the Supreme Court. NY State could have probably said that in order to get a CCW you first need a Target/Hunt followed by safety and range training before obtaining a CCW. Instead it chose an all or nothing approach and I hope they do not attempt to make the issue in Cortlett moot before a decision is rendered.
 

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I hope they hear the magazine restriction case out of New Jersey. That will be interesting if they take that. That will eliminate part of the Safe Act Laws.
 

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boosti,

On that topic. It would be helpful to eliminate the confusion in the NY Safe Act. The Safe Act has a 10 round magazine restriction, however, when not in a range you can only have 7 rounds in the magazine; as you know Federal Court in Upstate NY rulled that the limit of 7 rounds in the 10 round magazine was unconstitutional, however, since said Federal Court has no jurisdiction in Nassau/Suffolk no one has tested whether having 10 rounds in the magazine is now leagl across the whole State and the Safe act has not been amended.

The lack of consistency throughout the State of NY makes it difficult to comply with all the Couunty Specific rules. Iti is like you need an engineering degree to design a flowchart to follow the rules.
 

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boosti,

On that topic. It would be helpful to eliminate the confusion in the NY Safe Act. The Safe Act has a 10 round magazine restriction, however, when not in a range you can only have 7 rounds in the magazine; as you know Federal Court in Upstate NY rulled that the limit of 7 rounds in the 10 round magazine was unconstitutional, however, since said Federal Court has no jurisdiction in Nassau/Suffolk no one has tested whether having 10 rounds in the magazine is now leagl across the whole State and the Safe act has not been amended.

The lack of consistency throughout the State of NY makes it difficult to comply with all the Couunty Specific rules. Iti is like you need an engineering degree to design a flowchart to follow the rules.
The few arrests stemmed from having a fully loaded standard magazine. I know of two cases that got tossed out because the officer needed a warrant to check the magazine. If an officer in the Western part of New York arrested a licensed civilian for carrying a pistol, exceeding 7 rounds in a standard 10 round magazine. The officer would be liable under Federal Law for violating the rights of the person he arrested.
 

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Several of those possible cases are exceedingly interesting and I'm looking forward to 9/27. Whatever the court picks, for review, will provide a signal of the direction in which the justices are headed, for 2A, in general.
Gary
 

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Going back to the 7 round limit in a 10 round magazine. (1) I understand that a Police Officer will use this charge as an additional charge for some other underlying crime and cannot envision how that would be the only charge on an indictment. (2) Regarding the potential Constitutional Violation: even if ultimately deemed unconstitutional the arrest will immediately lead to the revocation of your pistol license and it might take years to be vindicated.

My ultimate point being that untill the Safe Act is ammended we all run a significant risk by carrying more than 7 rounds in the magazine. The below referenced Federal Court Decision which was upheld by the 2d Circuit has not caused the NYS Legislature to change the SAFE Act.

In December 2013, United States District Court for the Western District of NY, Chief U.S. District Judge William M. Skretny, of the Federal District Court in Buffalo, upheld most of the New York SAFE Act, saying that its provisions "further the state's important interest in public safety.... it does not totally disarm New York's citizens; and it does not meaningfully jeopardize their right to self-defense". However he struck down the provision that only seven rounds of ammunition could be loaded into a ten-round magazine, calling it "an arbitrary restriction" that violated the Second Amendment, and saying that it could result in "pitting the criminal with a fully-loaded magazine against the law-abiding citizen limited to seven rounds.

Perhaps the below article will better explain what I am trying to say:
https://psanded.com/7-or-10-rounds/
 
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