The Second Amendment of the United States Constitution reads: “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.” Such language has created considerable debate. Sir William Blackstone described this right as an auxiliary right, supporting the natural rights of self-defense, resistance to oppression, and the civic duty to act in concert in defense of the state.
On one hand, some believe that the Amendment’s phrase “the right of the people to keep and bear Arms” creates an individual constitutional right for citizens of the United States. On the other hand, some scholars point out that the prefatory language “a well-regulated Militia” to argue that the Framers intended only to restrict Congress from legislating away a state’s right to self-defense.
January 15, 2013, The New York Secure Ammunition and Firearms Enforcement Act of 2013 commonly known as the NY SAFE Act, was signed into law by Governor of New York Andrew Cuomo. The NY SAFE Act is a gun control law in the state of New York.
According to Bloomberg News, after 20 children and six teachers were shot to death on December 14, 2012, at Sandy Hook Elementary School in Newtown, Connecticut. After the sad tragedy, lawmakers in Connecticut, Colorado, Maryland and New York passed laws limiting firearm ownership. Stamford, Ct even had a gun buyback program just to take guns out of the local area. For parents and teachers, thats a thing they feel leads to safer communities- of course, for gun rights activists, they feel life is indeed safer with a gun in hand. But the government has continued its wishy-washiness by restricting ammunition, without restricting guns. It is now illegal to sell or to own magazines that can hold more than 10 rounds of ammunition. They have also broadened the definition of assault weapons, the definition now; guns must have only one feature “commonly associated with military weapons,” such as a second hand grip without a trigger, grenade launcher or a bayonet mount, according to the ruling. Previously two military-like features were necessary to meet the definition under state regulations. U.S. District Judge William M. Skretny wrote in a decision; “New York has presented considerable evidence that its regulation of these weapons is substantially related to the achievement of an important governmental interest.”
The NY SAFE Act Allows for law enforcement officials to pre-emptively seize one’s firearms without a warrant or court order when there is probable cause the individual is mentally unstable or intends to use the weapons to commit a crime.
Image Credit: www.pewresearch.org
Let the lawsuits begin.
Forgetting the Second Amendment for a moment, it is interesting to note that U.S. District Judge William M. Skretny basically invalidated the taking clause of the Fifth Amendment. The state is requiring all owners of firearm magazines, some with substantial value, to be removed from the state or destroyed. Essentially eminent domain without just compensation. At no time did the state ever offer to “buy back” the now outlawed items.