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In reply to the discussion: New York Gun Law Is Largely Upheld by a Federal Judge [View all]BKLawyer
(28 posts)This makes little sense. The Judge goes through the law, sets out the standards pretty well, but ...
He then focuses on the benefits of the cosmetic features to other assailants not party to the case. Why? The focus should be on the benefits of those features to the users before him in the case. Those same features that *may* make it easier for the assailant ALSO make it easier for the lawful owner to control his firearm which has the effect of LESSENING the danger to the public. Furthermore, since the judge concedes that events like Newtown were just an isolated incident, how does making it LESS SAFE (by banning pistol grips) make the State's actions more rational in this regard? Answer ... it doesn't. It would be better for the OVERWHELMING mass of gun owners to have SAFER firearms (by having pistol grips for better control of their weapon) than it is to worry about the once-a-year moron who went off his meds. The State's effort to curtail the lone gunman flies in the face of the substantial benefit to the mass of the gun owning population by allowing the pistol grip, and other features. The judge's choice of perspective was flawed. Although, the judge is on more solid ground with respect to grenade launchers and like features.