New York’s Rape of the 2nd Amendment

Jan Morgan

About the author: Jan is a nationally recognized 2nd Amendment Advocate/Speaker/ NRA Certified Firearms Instructor/ Associated Press Award winning investigative journalist/ Owner/Editor JanMorganMedia.com, Sr. Editor/Patriot Update/ Independent Constitutional Conservative. She is closely aligned with the Republican/ ... [read 's FULL BIO]

In January, the New York State Legislature passed the Orwellian-sounding “SAFE” (Secure Ammunition and Firearms Enforcement) Act.  The act was debated in closed session without committee hearings, and Gov. Andrew Cuomo signed it into law within an hour of its passage — after waiving the required three-day public comment period.  Cuomo bragged that New York now has the “toughest assault weapons ban” in the country but claimed that the law respects the Second Amendment and preserves the rights of “hunters and sportsmen.”  The former is true; the latter is a bald-faced lie.  Even if you do not live in New York, you should be very worried, because the SAFE Act is a harbinger of what Democrats in the federal government will do nationwide if they can.

The SAFE Act is far worse than you might imagine.  Harold “Budd” Schroeder, member of the NRA Board of Directors from New York, described the law as “the rape of our gun rights.”  That is no exaggeration.  The law is as harsh as (or harsher than) the gun laws of some European nations that do not have a Bill or Rights or a Second Amendment.

The most widely reported provision of the law is the total ban on the sale of military-style rifles classified as “assault weapons,” effective Jan. 15.  The provision forever prohibits anyone other than a law enforcement agency from acquiring such weapons, including the popular hunting and target variants of the AR-15 rifle.  Current owners of such rifles must register them with the state by 2014, and the registration must be renewed every five years.  This gives the state a list of persons from which to confiscate them in the future, and the five-year renewal provision gives the state an excuse to find ways to deny ownership once every five years.  Current owners of such rifles may never sell them to another New York State resident in the future.

Shockingly enough, in many ways the “assault weapons ban” is actually one of the statute’s lesser infringements on the Second Amendment.  The statute criminalizes, potentially criminalizes, or places under state surveillance even the most innocuous, banal, and pedestrian forms of gun ownership, and it restricts the right of self-defense.

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  • Cant someone bring a law suit against them for infringement of their constitutional rights?

  • NoMoreMarxistsInDC

    The laws will be overturned on a number of grounds, including ex post facto laws, bills of attainder (targeting members of an easily ascertainable group), and constitutional violations of the legislative process.

  • dustyvet

    sign up at Day of Resistance Rally.223

  • OldDocBen

    This pathetic pack of cowards deserve exactly what they get. When TSHTF these slobs will be standing in line with their hands out. They do not deserve freedom. They do deserve to be, and are, slaves. Sad, hopeless slaves. Sorry but I can’t even pray for them; I only hope they die quickly so as to not waste any more resources.

  • If the people of new york put up with that…they deserve everything they get….dumb asses….they need to start throwing those morons out of office, or just flat nullifying those laws, city by city, county by county…..

  • I’m presuming that any suit will have to be brought by a NY resident. Seems easy enough- the 7 round restriction immediately makes nearly every magazine fed weapon unusable (except for the 1911, of course) merely because the industry has not manufactured magazines that hold only 7 rounds. 10 rounders, sure because of the backwards laws we have here in California. The case that this clearly violates the second amendment by blatantly infringing on the rights of gun owners seems like a no-brainer to me. I’m going to make the presumption that someone in that screwed up state is preparing a suit as we speak.

    • Dan

      I heard somewhere that the ban includes firearms that can even *accept* a magazine that holds more than 7 rounds. And there are some after-market magazines for 1911s that would cause even that venerable sidearm to be banned. Like Feinstien’s proposal includes a ban for any weapon that ‘can be gripped’. Technically, that can apply to ALL firearms if they want to read it that way.

  • HR 184, HF 237- HF 242, & HF 244 in Minnesota make the SAFE act look downright sane. I’m fighting them as hard as I can, but we need help.

    • Huapakechi

      Started any recall petitions on the idiots who authored those bills? I’m demanding my Minnesota legislators state their position on each and every one of those unconstitutional bills.

  • I will repeat again. The Supreme Court has already found that the government has the right to limit gun ownership. Spend your money and file your law suits. Your lawyer will be happy.

    • jenniewalsh

      The Supreme Court is corrupt, BIG TIME.

    • OldDocBen

      Well said and sadly true. That leaves us with the same choice our forefathers had; let them take our arms or fight a Revolutionary War. Seems a simple choice for those of us with honor; and equally simple for the cowards who couldn’t even spell honor.

    • agbjr

      The Supreme Court also upheld the Fugitive Slave Act and ruled against Dred Scott being a free man. Do I hear a “Duh?”

  • OldDocBen

    Let them reap what they have sown. They are all cowards and not worthy of the title of American. When the time comes they will fall on their knees and beg and obama and his minions will look down at laugh at these pathetic weaklings. I however, will die standing on my feet (or in a prone firing position) shouting LIBERTY until I draw my last breath.

  • Jaime Cancio

    Where are the arrest for treason? The supreme laws of the United States are clear and treason is being committed. The oath of any official in any public service is the giving of their word of honor to protect and defend those supreme laws. When the violations of ethics are committed the service of the oath taker should be terminate and if they have stepped into terrority of treason they should be prosecuted for treason. Where are the arrest?

    • dustyvet

      sorry Jaime we have a no balls congress

  • Jaime Cancio

    I am beginning to think that the next ‘shot heard around the world’ will be coming from New York State.

  • Jerry

    After reading a couple of your post on here you sound like one of democratic idiots that run this state.

  • agbjr

    New York Governor Andrew Cuomo is an immoral sonofabtch so it just seems natural he’d be an unconstitutional sonofabitch.

  • agbjr

    Don’t expect anything but Constitution ‘rape’ from New York’s Governor Andrew Cuomo for in his personal life he’s known to be an immoral sonofabitch.

  • West40texas

    Are all these people insane, Obamadrones or do they just not understand what is trying to be done? Hitler disarmed every citizen before taking full control! Come on America, WAKE-UP!