Pennsylvania Firearm Owners Association
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  1. #31
    Join Date
    Jul 2012
    Location
    The Big House, Pennsylvania
    (Columbia County)
    Posts
    69
    Rep Power
    391980

    Default Re: We have just lost NY... as if it wasnt already lost.

    Quote Originally Posted by Nullifidian View Post
    The new law has a "de-grandfathering" clause which requires owners of magazines larger than 10 to either turn in those magazines, transfer them to someone who is not of NY residence, or face penalties. Owners of 10 round magazines may keep their magazines but may never load more than 7 rounds and if such a magazine is found with more than 7 rounds loaded there will be penalties.

    There is to be no compensation at all for the confiscated magazines.

    This clause constitutes confiscation of property with neither due process nor just compensation. That is a violation of the 5th Amendment. Had there been compensation they could argue it as eminent domain. No compensation means no eminent domain. So that leaves due process. No due process, therefore illegal confiscation.
    They're allowed to SELL them out of state. Compensation?

  2. #32
    Join Date
    Jul 2009
    Location
    Nowhere, Wyoming
    Posts
    753
    Rep Power
    1532

    Default Re: We have just lost NY... as if it wasnt already lost.

    Quote Originally Posted by swilliamsny View Post
    They're allowed to SELL them out of state. Compensation?
    I would say not because they are unnamed private parties. Unless the state also sets up the deal, it differs from every other eminent domain case. There are a myriad of reasons someone wouldn't be capable, possibly even physically, of selling their magazines out of state.

    The only way the state could get away with it is if they organized a buyback. Whether the ones buying the mags are private buyers or not doesn't matter then. A state organized buyback would constitute just compensation and allow them to claim eminent domain.

  3. #33
    Join Date
    Dec 2008
    Location
    ...
    (York County)
    Posts
    1,892
    Rep Power
    21474853

    Default Re: We have just lost NY... as if it wasnt already lost.

    Coming to a state near you - courtesy of the Federal Government....

    http://www.npr.org/blogs/health/2013...duce-shootings
    The New York law says mental health professionals must report people they consider likely to do harm. It also gives law enforcement officials the power to take guns from these people.

    Such laws "cast a very large net that will probably restrict a lot of people's behavior unnecessarily," Rosenfeld says. "Maybe we'll prevent an incident or two," he says. "But there are other ways that would be more productive."

    Better alternatives include reducing the total number of guns and improving access to mental health care, Rosenfeld says.

    One of the biggest problems with laws like the one in New York is that it asks all mental health professionals to make assessments that are difficult for even those with years of special training, says Rosenfeld.
    ...

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