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Old 09-12-2011, 04:39 PM
 
5,762 posts, read 11,615,068 times
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Quote:
believe me they will find a way around this bill if it passes.
Well, this would be a federal law, not a state law. The feds have the final word when it comes to these things.
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Old 09-12-2011, 04:43 PM
 
Location: Houston, TX
1,138 posts, read 3,283,290 times
Reputation: 818
Quote:
Originally Posted by mathjak107 View Post
dollars to donuts nyc will find a way to exempt themselves from that bill if it ever passed. dont forget for decades nyc got away with having a permit class that didnt even exist in the eyes of the state and that was the "target hunting permit" despite challenge after challenge the courts let them get a way with it.

now nyc has their own variance on the resident permit even going around state law to allow you to hunt and target shoot with it so they dont have to give you any other type of permit.

believe me they will find a way around this bill if it passes.
You know I always wondered why places such as NY could get away with having such restrictive gun laws that are in serious violation of the 2nd amendment ("shall not be infringed"). It shouldn't take a Supreme Court case to classify these gun laws as unconstitutional. Is there some loophole in the 2nd amendment that I am unaware of??
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Old 09-12-2011, 04:47 PM
 
106,242 posts, read 108,237,907 times
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yes and no... many times what is federal law has enough slack built in to keep it from taking hold many times . judges stop short of closing the loopholes or making things 100% a law in all cases and then the states massage those loop holes.

our ham radio club went through a federal court battle over the fact the town of hempstead tried to restrict tower height for hams when in reality federal law sets those guidelines and the states cant over ride them technically..

the federal judge basically ruled that the towns have to work with the hams in setting tower heights but stopped short of saying exactly what the towns had to abide by.

the chicago case had a federal ruling too about gun ownership but the judge stopped short of ruling out all the restrictions and twists and turns that the cities do to mold the permits into what they want.


nyc has a permit system, anyone who has a clean record can qualify for a residence permit and so in the eyes of the courts the 2nd amendment is being upheld. it doesnt mean they have to give you the right to walk the streets with it. you have the right to own and have those guns and so the chicago ruling is meaningless to nyc.


of course initially nyc was afraid the chicago ruling would make them lower the fees so more urban folks could afford a permit but nyc has their plan in place for that too.

they will change the criteria to include your driving record,credit scores , job histories etc giving them more latitude for rejection.

right now i know of no one in the last 20 years who was rejected with a clean record and nothing questionable on their records. those i did know who were rejected werent truthful about certain things and were bumped. they told everyone they were rejected because of where they lived but it wasnt true. dis-orderly conduct arrests that were dismissed, restraining orders, domestic fights are all grounds for rejection.

nyc is strict, even an arrest with no conviction can get you bumped.

if we have enough interested ill start a thread explaining the nyc permit process for those who have an interest.

Last edited by mathjak107; 09-12-2011 at 05:07 PM..
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Old 09-12-2011, 04:54 PM
 
Location: Houston, TX
1,138 posts, read 3,283,290 times
Reputation: 818
Quote:
Originally Posted by mathjak107 View Post
yes and no... many times what is federal law has enough slack built in to keep it from taking hold many times . judges stop short of closing the loopholes or making things 100% a law in all cases and then the states massage those loop holes.

our amateur radio club went through a federal court battle over the fact the town of hempstead tried to restrict tower height for hams when in reality federal law sets those guidelines.

the federal judge basically ruled that the towns have to work with the hams in setting tower heights but stopped short of saying exactly what the towns had to abide by.

the chicago case had a federal ruling too about gun ownership but the judge stopped short of ruling out all the restrictions and twists and turns that the cities do to mold the permits into what they want.


ny has a permit system, anyone who has a clean record can qualify for a residence permit and so in the eyes of the courts the 2nd amendment is being upheld. it doesnt mean they have to give you the right to walk the streets with it. you have the right to own and have those guns and so the chicago ruling is meaningless to nyc.
I see, thanks for the insight. It's pretty corrupt how the judges decide to uphold only 85 percent of a law.
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Old 09-12-2011, 04:59 PM
 
106,242 posts, read 108,237,907 times
Reputation: 79786
they really dont like to write things in stone. they prefer to leave things just open enough that the states can usually get some wiggle room where needed to do their own thing.

can you imagine a luxury development and a ham puts up a 100 ft tower in it next to you?

federal law allows it but the judges could not just write that in stone. they needed a way of building in compromise once the law was challenged..

Last edited by mathjak107; 09-12-2011 at 05:11 PM..
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Old 09-12-2011, 09:40 PM
 
864 posts, read 1,121,064 times
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Quote:
Originally Posted by SobroGuy View Post
2. As for muxbuppy, you are saying gun laws only protect criminals, so why have them at all? Did you really say that? In that case, let's abolish all laws, cuz really, they only protect criminals. I am sure that will work out just fine.
Fine make it against the law to even look at a gun. Make the sentence for touching a gun 1000 years hard labor. If it is that easy then there would be no crime.. See I can make wild reaching argument too and make not sense.

Last edited by muxBuppie; 09-12-2011 at 10:29 PM..
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Old 09-12-2011, 10:59 PM
 
864 posts, read 1,121,064 times
Reputation: 355
Quote:
Originally Posted by SobroGuy View Post
3. If the theory of everyone having a gun makes us all safer, then all countries should have nuclear weapons. That will clearly make everyone safer!
I am guessing if Japan had a nuclear weapon back during World War 2 we would have still dropped two bombs on them? I mean seriously?
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Old 09-13-2011, 06:32 AM
 
Location: Brooklyn
40,049 posts, read 34,533,909 times
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Quote:
Originally Posted by muxBuppie View Post
I am guessing if Japan had a nuclear weapon back during World War 2 we would have still dropped two bombs on them? I mean seriously?
So rather than guns, everyone should walk around with an atom bomb in their pocket...right?
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Old 09-13-2011, 07:08 AM
 
864 posts, read 1,121,064 times
Reputation: 355
Quote:
Originally Posted by Fred314X View Post
So rather than guns, everyone should walk around with an atom bomb in their pocket...right?
Yes, even kids should have enough radiation to destroy the planet in there pockets. Doesn't that sound exactly like what my point is ?
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Old 09-13-2011, 10:06 AM
 
810 posts, read 834,846 times
Reputation: 491
There is definately an increase of guns being fired by hood thugs. Yesterday I heard gun shots near my home and work place. Now I heard on the news there has been more in that same area today. Is anyone noticing this more now?
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