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  1. #1
    Private
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    Feb 2013
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    Default Registration unconstitutional?

    Questions for the lawyers amongst us: Hasn't SCOTUS ruled in cases past that gun registration schemes, whether actual or de facto, are unconstitutional?

    Why has this never been challenged in California with their "assault weapons" registration?

    Why has it never been challenged with handguns in New York?

    Are there any plans to bring this to SCOTUS to get a ruling now under the unSafe act?

    If they are successful on the "assault weapons," are there any plans to challenge NY's handgun registration?

    Rich

  2. #2
    Private
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    Oct 2012
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    Otsego County
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    Default

    I'm not a lawyer, but as far as the NY handgun registration goes, I remember reading somewhere that the SCOTUS ruling on registration happened after NY setup a registry for handguns. Therefor NY was able to keep the handgun registration in place but not enact any new registration legislation.

    This would still make the SAFEACT rifle registration in violation to that specific ruling but again I'm not a lawyer so my interpretation might be flawed.

  3. #3
    General thecelt's Avatar
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    Jun 2012
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    Westchester
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    10,554

    Default

    to my knowledge, on the federal level it is illegal to require registration of a firearm, but the states have taken it upon themselves.
    SCOPENY-NRA-NYSRPA-SAF
    NRA Certified Pistol Instructor/RSO
    "Tyranny is defined as that which is legal for the government but illegal for the citizenry."

    Beidh lá eile ag an bPaorach!


  4. #4
    Colonel Robin's Avatar
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    Feb 2013
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    livingston
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    Default

    Yeah, the Fed.G would never abuse the mandate concerning form 4473, and treat it like a De facto gun registration, nah, can't happen.
    Robin

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