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Posted: 4/18/2015 1:25:22 PM EDT
"Particularly suitable for military and non sporting purposes" ?

The NYPD can ban any gun they want if they deem it "Particularly suitable for military and non sporting purposes."

No definition of that term exists. It is 100% arbitrary and based on the whim of the NYPD.

Is this not a completely clear example of arbitrary and capricious?

I guess it is the same boat as the "proper cause" requirement for a carry permit. There is no definition in the law that defines proper cause.

Has there been a suit against NYC regarding their arbitrary power to ban anything they want based on no actual law?

What is the first step in bringing a lawsuit against them? Contacting the NYSRPA or SAF?
Link Posted: 4/18/2015 8:42:37 PM EDT
[#1]
First thing is you have to be or have someone that's been "damaged" as a result of their actions, and secondarily that same person must be willing to go the distance in Court. It's not just a matter of "here's my compliant, let me know when there's a settlement."  

"In what could be the first of many court decisions regarding the law, Skretny acknowledged that “so-called ‘assault weapons’ and large-capacity magazines” may be in common use – a legal benchmark for constitutionality."
http://www.buffalonews.com/city-region/state/federal-judge-upholds-majority-of-safe-act-20131231

NYC seems to be unique in its Governments ability to do as it damn well pleases with seeming impunity.  
Link Posted: 4/18/2015 9:55:10 PM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
First thing is you have to be or have someone that's been "damaged" as a result of their actions, and secondarily that same person must be willing to go the distance in Court. It's not just a matter of "here's my compliant, let me know when there's a settlement."  

"In what could be the first of many court decisions regarding the law, Skretny acknowledged that “so-called ‘assault weapons’ and large-capacity magazines” may be in common use – a legal benchmark for constitutionality."
http://www.buffalonews.com/city-region/state/federal-judge-upholds-majority-of-safe-act-20131231

NYC seems to be unique in its Governments ability to do as it damn well pleases with seeming impunity.
View Quote



Which is why the unjust laws must be disobeyed, en masse.  That is the only way we can challenge them.
Link Posted: 4/19/2015 11:24:45 AM EDT
[#3]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
First thing is you have to be or have someone that's been "damaged" as a result of their actions, and secondarily that same person must be willing to go the distance in Court. It's not just a matter of "here's my compliant, let me know when there's a settlement."  

"In what could be the first of many court decisions regarding the law, Skretny acknowledged that “so-called ‘assault weapons’ and large-capacity magazines” may be in common use – a legal benchmark for constitutionality."
http://www.buffalonews.com/city-region/state/federal-judge-upholds-majority-of-safe-act-20131231

NYC seems to be unique in its Governments ability to do as it damn well pleases with seeming impunity.  
View Quote


You need actual damages to sue based on constitutional grounds? They have a law that as written , is by definition constitutionally arbitrary.

I want to vote. They won't let me vote based on an arbitrary law. So can I not sue?

I want to own a gun. They won't let me based on an arbitrary law. Can I not sue?

Either way, I have already tried to register a Colt match target that had no banned features...and they denied it because they ban all ar15s arbitrarily even if it doesn't fit the actual legal definition of a nyc "assault weapon."

So I think I would have standing no?
Link Posted: 4/20/2015 6:15:57 PM EDT
[#4]
Link Posted: 4/20/2015 7:23:16 PM EDT
[#5]
I'm the definition of "half man, half drugs" - ask the clubs, Bad Boy that's what's up.

If any of you old fogies know that song I'd be impressed.
Link Posted: 4/20/2015 10:20:58 PM EDT
[#6]
FWIW Big Bird is exploring a Presidential campaign.
Link Posted: 4/20/2015 10:25:15 PM EDT
[#7]
I drove past a sign with your name on it today somewhere outside of Fly Creek.
Link Posted: 4/20/2015 11:07:18 PM EDT
[#8]
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Quoted:
FWIW Big Bird is exploring a Presidential campaign.
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Are you referring to that cocksucking communist fucking douchebag DeBLOWsio?

Link Posted: 4/21/2015 8:30:12 AM EDT
[#9]
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Quoted:


Are you referring to that cocksucking communist fucking douchebag DeBLOWsio?

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Quoted:
Quoted:
FWIW Big Bird is exploring a Presidential campaign.


Are you referring to that cocksucking communist fucking douchebag DeBLOWsio?



The same
Link Posted: 4/21/2015 9:12:36 AM EDT
[#10]
Exploring means he's asking begging for money...
Self aggrandising narcissistic mother fuckers.
In Jefferson's time, through my Childhood one would NEVER would have to be ASKED to run for or hold position, never self proclaimed.
What's that they say about elections being advance auctions for stolen goods.  
Link Posted: 4/21/2015 9:46:22 AM EDT
[#11]
It would be better to challenge the whole "sporting purpose" language that's in various parts of the national gun control acts on the federal level. When the federal government has laws that use that language, it's a losing battle at the state and city level.
Link Posted: 4/22/2015 3:09:24 PM EDT
[#12]

Discussion ForumsJump to Quoted PostQuote History
Quoted:


It would be better to challenge the whole "sporting purpose" language that's in various parts of the national gun control acts on the federal level. When the federal government has laws that use that language, it's a losing battle at the state and city level.
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Since when does NY state and NYC listen to anything federal?



 
Link Posted: 4/23/2015 11:23:18 AM EDT
[#13]

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Quoted:



Since when does NY state and NYC listen to anything federal?

 
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Discussion ForumsJump to Quoted PostQuote History
Quoted:



Quoted:

It would be better to challenge the whole "sporting purpose" language that's in various parts of the national gun control acts on the federal level. When the federal government has laws that use that language, it's a losing battle at the state and city level.
Since when does NY state and NYC listen to anything federal?

 


Good question...



Usually only when they just happen to be in agreement.



 
Link Posted: 4/23/2015 2:49:34 PM EDT
[#14]
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Quoted:

Good question...

Usually only when they just happen to be in agreement.
 
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Quoted:
Quoted:
Quoted:
It would be better to challenge the whole "sporting purpose" language that's in various parts of the national gun control acts on the federal level. When the federal government has laws that use that language, it's a losing battle at the state and city level.
Since when does NY state and NYC listen to anything federal?
 

Good question...

Usually only when they just happen to be in agreement.
 

Presumably you've read Halbrook's papers?  this is what NYSRPA is hitting the Courts with, and stands to be a pivotal point in NY as well as National Gun Law:
http://www.nysrpa.org/files/SAFE/Halbrook-SAFE-Review.pdf
Link Posted: 4/24/2015 8:06:01 AM EDT
[#15]
What firearm or antique firearm would be exempt??

Conceivably - Muskets were used by the military and nearly  anything else since.  Revolvers,(black powder included) single shot breech loaders, muzzle loaders, bolt action and semi-auto 1911's all adopted and used (suitable) for military use.



Link Posted: 4/24/2015 9:27:27 AM EDT
[#16]
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Quoted:
What firearm or antique firearm would be exempt??

Conceivably - Muskets were used by the military and nearly  anything else since.  Revolvers,(black powder included) single shot breech loaders, muzzle loaders, bolt action and semi-auto 1911's all adopted and used (suitable) for military use.



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Good point!

This gives the NYPD the power to literally ban any and every gun they want.

Bolt action? Pshh. Can you say high velocity sniper rifle?

Handgun? Pshhh. Those were carried by Nazi officers!

Shotgun? You mean a WWI trench sweeping death machine???
Link Posted: 4/24/2015 10:59:24 PM EDT
[#17]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
What firearm or antique firearm would be exempt??

Conceivably - Muskets were used by the military and nearly  anything else since.  Revolvers,(black powder included) single shot breech loaders, muzzle loaders, bolt action and semi-auto 1911's all adopted and used (suitable) for military use.



View Quote

By Federal Standards anything made before 1898 is an "Antique" and not considered a firearm  this includes Black Powder and Air guns, but here we go again with NYS picking & choosing irrespective of Federal Law or the standards set forth unless it's to their  advantage.
I've always been told you could "add to" but not lessen or detract from the regulations.  

I think we've been regulated, legislated, and ruled under color of law to the point were even someone in solitary confinement is breaking some sort of Law. Look at our income tax codes; almost 77,000 pages that YOU cannot possibly understand, while ignorance is no excuse (unless you're a Cop and think you're upholding some sort of Law)
I swear the older I get the more and more I see, and just how oblivious most are to it.  
Link Posted: 4/25/2015 5:43:13 AM EDT
[#18]
Sporting purposes is an ATF regulation begging to be killed by the court.

As far as "military"  we're keeping this below the radar, though both sides know the outcome if Miller is the case that decides the outcome.   In the mean time, let's not talk about it.

What it comes down to is "shall not be infringed" is waaayyyy too radical right now, so 2A advocates are nibbling at it.
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