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Court to Consider Constitutional Challenge of Strict New York Gun Law

By Alex Thomas
February 2, 2013

A New York State judge has agreed to hear a Constitutional challenge to a strict gun law passed in the state in the wake of the horrific Sandy Hook mass shooting.

Supreme Court Justice Gerald Connolly granted the request by the plaintiffs who are challenging the law due to the fact that Governor Andrew Cuomo waived the three day period that any law is supposed to adhere to before being voted on.

A report by Fox News highlighted the plaintiffs claims, complete with one of the plaintiffs accusing Cuomo of acting like a king:

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ANY law relating to

ANY law relating to restricting gun ownership by anyone for any reason is unconstitutional. What part of "shall not be infringed" do these people not understand? Constitutionally you cant even ban a felon or madman from owning a gun....which is fine by me, as long as my right to bear arms is also not infringed.

New York SAFE Act is Unconstitutional

I believe this law violates Article 1, Section 10 of the U.S. Constitution (prohibition of ex-post facto laws).

Here are two examples:

Example 1. A man buys a Persian rug from a dealer. The Persian rug was not stolen property and the purchase was legal. A month later, a state government enacts a statute that requires all owners of Persian rugs to register with the state. Failure to register the Persian rug will result in the owner charged with a criminal class A misdemeanor and may be sentenced up to one year in jail.

Question one - is example 1 an ex post facto law in violation of the Constitution if criminal punishment is levied upon the owner of the Persian rug who does not comply with the registration requirement?

Example 2. Substitute "semiautomatic shotgun" for " Persian rug".

Question two - is example 2 an ex post facto law and in violation of the Constitution if criminal punishment is levied upon the owner of the semiautomatic shotgun who does not comply with the registration requirement?

The answer to both examples is an unqualified "Yes". Laws that punish citizens for acts that were lawful prior to the enactment of the new statute are ex-post facto and prohibited by the Constitution.

Cuomo and his band of Albany elitists should be removed from office for violating their sworn oath of office to uphold the Constitution of the United States.