New York State Governor Cuomo boasted that “common sense prevailed” when the U.S. Court of Appeals for the Second Circuit ruled that New York’s SAFE Act and laws in Connecticut do not infringe on the Second Amendment. However, common sense was actually written into the decision– evidencing the reality that the anti-gun law could never stop criminals from obtaining guns illegally.
In yesterday’s decision, the Court ruled that New York’s requirement to limit gun owners to loading only seven bullets into a 10-round magazine was unconstitutional. It upheld a previous court ruling, which New York law enforcement was already following, by not enforcing the seven-bullet limit.
The Court stated:
“New York has failed to present evidence that the mere existence of this load limit will convince any would‐be malefactors to load magazines capable of holding ten rounds with only the permissible seven.”
The Court, in its opinion, actually confirmed that the law does not prevent criminals from committing gun violence. Criminals won’t get their eighth bullet, stop and say, “wait a minute, the SAFE Act says I can’t load this one.”
This reasoning is also applicable to the entire law.
The Court contends: “the mere possibility of criminal disregard of the laws does not foreclose an attempt by the state to enact firearm regulations.”
However, if this was the case, the argument to strike down the seven round provision would also be invalid. Yet this line of reasoning has consistently been held in courts. In each court case the seven round limit has been struck down.
The fact remains, guns will not be kept out of the hands of people who cannot legally obtain them according to the provisions of the SAFE Act. New York State certainly hasn’t provided evidence to the contrary.
Criminals intent on killing people, either singularly or a mass event, will never follow the SAFE Act. The law may prove to be a feel good effort, but it will not prevent crime.
That said, why are judges consistently overruling and violating the Constitution of the United States? It is a reminder that Americans, particularly New Yorkers, need to cling ‘bitterly’ to their Second Amendment right to protect themselves – not to hunt dear, but to protect themselves from a rogue government.
This column was first published on Mental Recession and written by its editor, Randy Weiss.