Stephen Halbrook's Albany Law Review article, "New York's not so "SAFE" Act: The Second Amendment in an Alice-in-Wonderland world where words have no meaning"        
 
 

Any chance this will have any impact on pending rulings based on the courts previous dismissal of facts and logic ? Its a nice well written and researched document but will it help us?

This reminds me of a scene from "My Cousin Vinny":
" Mr. Gambini, this was a very well thought out, logical and articulated objection. OVERRULED!!!"

He pointed out that the judges used crap data, and ruled despite what Heller said.  He make it clear what scrutiny level is to be applied, and even shot down intermediate.   He's setting the tone for the appeal.

I want to believe...  

Who is this guy, aside from being a lawyer? Does he have any weight in the 2nd Circuit?

Well, look at what he did- and he did it for SCOTUS.    He gave Scalia direct evidence of lower courts selectively depending on garbage data- something that will PO Scalia.   Then he beat "commonly used" to death, quoting the lower courts own admissions.   He vilified lower courts by pointing out the ambiguity of 7, 10, or 30 rounds, which is not allowed yet they did it anyway.    Then he beat up both their decision to use intermediate scrutiny and went further to show how even under intermediate their decisions were not in line with court decisions.   In short, he made the lower courts look like the fools they are- something we've done, and CalGuns has done, but now Scalia has a playbook to attack and ridicule the lower courts' decisions.   And the best thing-he quoted SCOTUS over and over and over, thus saving them the effort of having to look at their own past decisions.

I don't like his exorcism of full auto, but he did it intentionally to keep them out of the discussion, particularly so that the antis cannot use Miller against him.

I commend him for these efforts and encourage him to continue.
It is the machine called NY that I was referring to.  

 

Thanks for breaking this down, Abom.

Good on Mr. HALBROOK and good on NYSRPA for hiring him.

Now please be a sport and help support this very expensive undertaking.

Has the 2nd Circuit ruled?

Yep, time for another donation.

Not changing my mind about wanting to move out of NY.  

It even says in the PDF that they have not ruled yet...

False Hope

Laws justified through half truths, lies and deceit should be an insult to every freedom loving American.
The politicians and judges who willingly support this should be stripped of their title, and brought up on charges of sedition against America.

Our legislative and judicial branches are an embarrassment.   We need a revolution.  I am afraid there is no other way out of the hell hole our so called leadership is driving us into, with the help of of a citizenry that seems to grow more stupid as each month passes.

Link to the donation site, please.

NYSRPA donation link

Same here.  Even if New York did a 180 and even allowed NFA, this place is still too damn expensive to live in much longer AND there are still all the other nanny state regulation.  Plus it still galls me to have to fork over $37 a year to have my car molested in what is called an "inspection".  How come most other states do not have that BS?  Also, I want to legally play with fireworks on the fourth!



 

Obscene school taxes are my main complaint.  Even the "free states" get you.  Reasonable registration fees, but annual property tax on the value of your vehicle, for instance.

You are correct even free states get you one way or another, but they don't gouge you like this state does and that's the problem with NYS they just rape you.

When I lived in New York I paid $10k for property and school tax, plus all other crap.

In SC, personal property tax on three vehicles (all less than 5 yrs old), school and property tax combined is $2,200.

I'll take that any year of this century. Plus you can own real guns and magazines here.

Did a speaking assignment and Tom Santulli, Chemung Co Executive, was also there. He advised that the county takes in $27.5 MILLION in property taxes and sends the entire amount to the state PLUS another $10 Million from sales tax just to feed the unfounded mandates. Especially MedicAid. The state budget JUST FOR MEDICAID is $55 Billion. PA's ENTIRE state budget is $54 Billion. Just giving it away.

About five years ago, I was told Medicaid expenses in New York were greater than any four states combined. New York sure knows how to waste money and hand out other people's  money.

You will never have reform because there are too many people getting some kind of benefit that they will always vote for those who will keep the largess flowing.  Just listen to the radio in March with all the "interest" ads from various groups telling us to tell Albany to vote more money for them; schools, nursing homes, roads, etc.  I would love to put top leaders from all these groups into a sealed room and tell them this is the amount of money available and they are to hammer out an agreement amongst themselves or the survivors.





I see New York going in one of two ways and neither is pretty.  Either the state eventually confiscates ALL or close to all personal property to pay the bills, or the system collapses under its own weight and we have to start from scratch.  I do not want to be here when either scenario plays out.  Personally I think they will grab all savings, paychecks and other investments first because the state constitution says taxpayers have unlimited liability.  The state hands you a bill for basically 100% of your total net worth.  You either pay it or they foreclose and take it anyhow (good luck moving to another state then).  Those losing their property will still be outnumbered by those benefiting from the seizures.  It seems like tin foil hat stuff but the indications are the federal government is moving ever so slowly to taking over all retirement accounts.  The next major step will be when MyRA's go from being voluntary to mandatory.



Regarding the personal property tax on vehicles, if I am not mistaken, that is deductible on your federal income tax unlike registration fees.





 

Where does it say the taxpayers have unlimited liability?  Got the text handy?

That is scary, if so.  Worst case scenario (100% tax) would create total rebellion.

But,but,but you asked for it, and to keep our seats in power we gave it to you, even if we had to resort to appealing to those getting everything free....some would call him Robin Hood, I prefer Hoodlum.

While I doubt that's the real reason behind anti-gun legislation, it does stand as another reminder of what could be.

The exact text? Not at hand but it is easy to find.  In the state constitution (which is not unique to New York), taxpayers are required to cover all pension shortfalls and benefits cannot be reduced.  We have been experiencing that since 2008 when the market tanked and taxes have gone up to make up for the investment losses in the state pension fund.  It is a simple calculation.  If the pension fund took a 100% loss on all its investments, we the taxpayers have to meet all its obligations by making it whole through taxes.  There are no limitations defined.  I take that to be unlimited liability.



Of course the federal constitution has no such stipulation and it has been theorized that those obligations could be discharged through municipal bankruptcy in federal court.  However, for every case that has come along, the latest being Stockton, CA and Detroit, the parties involved have gotten cold feet and come to a negotiated settlement rather than take their chances in court.  As such, there is yet to be a ruling at the federal level.  So unlimited liability stands.



 

Got cold feet.. or "persuaded" to drop that action?