With these meanings in mind, and based on the information provided by the parties about how air pistols operate and how air pistol manufacturers intend them to be used, and not used, this Court must conclude that air pistols are not “arms.” The manufacturer of the air pistol that defendant is charged with possessing includes a disclaimer at the bottom of its Internet web page recognizing that air pistols are not firearms: “Do Not Brandish Or Display Your Airgun In Public. It May Confuse People And It May Be A Crime. Police And Others May Think An Airgun Is A Firearm” (Peo’s Br. at 17, quoting Gamo air pistols and quality airgun products, http://www.gamousa.com/category.aspx?category=pistols & catID=2 [last visited by the Court on Jan. 10, 2011]). The manufacturer’s web page also states that it designs air pistols and airgun ammunition “for small game hunting and pest control” and that its products are “used daily by hunters and outdoor enthusiasts” (Peo’s Br. at 20, quoting Gamo Adult Precision Airguns, http://www.gamousa.com [last visited by the Court on Jan. 10, 2011 ). In stark contrast, firearms manufacturers such as Smith and Wesson and the Italian company that makes the Beretta line of handguns “make it clear that their products are intended to be effective in self-defense scenarios.”
......
Defendant’s argument, however, overlooks crucial facts. The statutes at issue in both Heller, 554 US at 574–75, and McDonald, 130 S Ct at 3026, banned possession and registration of firearms, and the Court in Heller emphasized that handguns are “an entire class of arms’ that is overwhelmingly chosen by American society for that lawful purpose [of self-defense],” 554 US at 628. Thus, “banning from the home the most preferred firearm in the nation to keep’ and use for protection of one’s home and family’ would fail constitutional muster.” 554 US at 628–29. See also 554 US at 629 (“It is no answer to say, as petitioners do, that it is permissible to ban the possession of handguns so long as the possession of other firearms [i.e., long guns] is allowed. It is enough to note, as we have observed, that the American people have considered the handgun to be the quintessential self-defense weapon.”).

Defendant cites no facts from anywhere in the United States outside New York City to establish that American citizens overwhelmingly chose air guns for “the core lawful purpose of self-defense” (554 US at 630), rather than for sports and recreation.

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this idiot state will ban whatever they want. its rediculous some of the shit we put up with here. I'm trying so hard to leave.

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http://volokh.com/2011/01/27/air-guns-not-arms-for-second-amendment-purposes/

The part that's interesting for me is that the judge throws away the whole "sporting purpose" thing. He expictly says that guns designed for "sports and recreation" aren't covered by the 2nd as found in Heller and that the utility of something to be used for 'self defense' is the big test. The air gun makers saying "hey these can be used for hunting or fun" means it's not protected while guns like Beretta's that are designed for defense are.

Sucks for air gun people, but I wonder if such arguments would help attacks on that whole "sporting purposes" bullshit. Show it to your Fudd friends.

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So, this means that "assault weapons" are the most protected group of firearms.  I wonder if anyone will pick up on that.

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So, this means that "assault weapons" are the most protected group of firearms.  I wonder if anyone will pick up on that.

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I realise that laws vary state to state, but would this mean that if you live in NY you can't import any gun at all?

This Judge wants guns designed for "sports and recreation" to not be covered by the 2A.

922r forbids the importation of parts/guns "not being particularly suitable for or readily adaptable to sporting purposes".

Or am I getting it wrong?

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Well if that's the case, they cant arrest you for discharging a firearm if you are shooting with your kids in your backyard... right?
-SS

Posted Via AR15.Com Mobile

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How many rounds does an Air-gun support? Need a law to only have 10 or less rounds,lol.

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I realise that laws vary state to state, but would this mean that if you live in NY you can't import any gun at all?

This Judge wants guns designed for "sports and recreation" to not be covered by the 2A.

922r forbids the importation of parts/guns "not being particularly suitable for or readily adaptable to sporting purposes".

Or am I getting it wrong?

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Do you have strange knife laws too? This ruling could nullify a bunch of those, silver lining.

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I hope this will wake up the rest of the fudd's that there is no such thing as compromise with the anti-gun movement.  They will not stop till ALL guns are outlawed.

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Can the state ban toys?

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Yup. That's actually the implicit assumption of Miller . The holding of Miller  is that a court cannot establish by judicial notice that a SBS is a common infantry weapon; the holding necessarily assumes that common infantry weapons are exempt from the NFA.

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Yup.

If it's designed for self defense of a person's self, home, or family and is in common use then it is protected.

Your pretty shotgun designed to hunt little birds is not.

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I would like to see a member of each military squad issued a SBS, "Master Key" so that they would indeed be a common infantry weapon.

but wouldn't that mean that
M4's are 14.5" and select fire are common infantry weapons are exempt from the NFA.

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interesting read.

also does that mean i can dove hunt with my AR?

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interesting read.

also does that mean i can dove hunt with my AR?

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I've been making this argument for YEARS. The government can regulate and even ban all the "sporting" and Fudd guns they want and not run afoul of the Second Amendment. What it CAN'T do is ban, or unreasonably regulate, arms that have utility as combat weapons. That is at least implicitly what the Supreme Court said in the Miller case back in 1939, when it said that the NFA regulation of a SBS was OK because they had no evidence before them to indicate that such arms were of military utility.

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Many airguns are potentially lethal.

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The logic to ban an item that is a useful training tool is foolish and likely will fail as the 2nd will have a penumbra where airguns are protected.

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Many airguns are potentially lethal.

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While that may have been the decision of the court, you cant possibly draw the connection that only "combat weapons" are protected under the 2nd and FUDD guns are not.

Back when it was enacted the same gun you took up against the Brits also got you meat for that nights dinner.
Lets not go splitting hairs here...were all on the same side.

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While that may have been the decision of the court, you cant possibly draw the connection that only "combat weapons" are protected under the 2nd and FUDD guns are not.

Back when it was enacted the same gun you took up against the Brits also got you meat for that nights dinner.
Lets not go splitting hairs here...were all on the same side.

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That's probably "New York Supreme Court" not a "superior court". Supreme Court in NY is actually a trial level court, yes I know it's weird. Decisions from the New York City Supreme Courts are good for toilet paper or making paper airplanes in the rest of the state.  Looks like the case is about NYC's goofy administrative code anyway.  

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So, this means that "assault weapons" are the most protected group of firearms.  I wonder if anyone will pick up on that.

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As a basic legal principle, the 2d Amendment (like any other constitutional provision) can only have penumbrae if it is applied to facilitate the killing of infants.

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Yes, it does. I think the only place you could begin to lawfully restrict weapons is at the crew-served level, although there are countless historical examples of private individuals and associations owning and controlling state of the art artillery.