Banning guns based on color
A law doing that in NY has been put on hold pending a lawsuit.
Remember, I do this to entertain me, not you.
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November 12th, 2009 at 10:59 am
I remember the Duracoat Bloomberg special
http://shop.kmjcustom.com/product.sc;jsessionid=C1800B431F31082BD4518D6A506B032D.qscstrfrnt02?productId=177&categoryId=9
November 12th, 2009 at 12:37 pm
There is a good chance that the Court of Appeals will strike this down on Second Amendment grounds.
New York State civil rights law has a provision that is almost identical to the Second Amendment, just with slightly less archaic phrasing. It has been interpreted by state courts as only applying collectively to the organized militia.
Unfortunately for that interpretation, the US Supreme Court said that “the right of the people to keep and bear arms” applies to individuals. Essentially, NYS has already incorporated the Second Amendment against itself by having a copy of the Second Amendment on it’s books. New York State courts just haven’t caught up to that fact yet.
It will be interesting to see what possible justification they can come up with to say that “§ 4. Right to keep and bear arms. A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.” isn’t the same as “A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.”.