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Thread: firearms preemption in New York upheld

  1. #1
    Regular Member oldbanger's Avatar
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    firearms preemption in New York upheld

    Nassau County, on Long Island, New York, enacted an ordinance which bans handguns in non-traditional colors, such as pink. The ordinance declares such firearms to be “deceptively colored.”

    ...The amended ordinance interrupts this uniformity by imposing an additional requirement for lawful possession of a valid firearms license beyond the State's requirements. For example, under the amended ordinance, a holder of a license to possess a firearm who enters Nassau County with such firearm, does so at the risk that his or her handgun may be considered to be deceptively colored," thus subjecting him or her to charges of violating the amended ordinance. In effect, the amended ordinance places a restriction on all licenses granted throughout the state, and deprives all licenses that were lawfully granted to owners of "deceptively colored" firearms of their stated benefits. If each of New York's 62 counties enacted ordinances that placed additional restrictions on licenses, as the amended ordinance effectively does, the uniformity in firearm licensing that the Legislature intended would be destroyed. ...

    http://www.nycourts.gov/reporter/3ds...2010_09911.htm

  2. #2
    Campaign Veteran since9's Avatar
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    I appears from the judgement, "Accordingly, in light of the comprehensive and detailed regulatory language and scheme of Penal Law § 400.00, which demonstrates the Legislature's intent to preempt the field of firearm regulation, we find that it preempts the amended ordinance."

    Thus, the local ordinance was rended unenforceable by this judgement.

    Personally, I'm a little conflicted. On the one hand, I think people should have the right to own any color firearm they wish. On the other hand, I'm concerned about law-enforcement plugging away at kids with orange toy guns.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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    Quote Originally Posted by since9 View Post
    I appears from the judgement, "Accordingly, in light of the comprehensive and detailed regulatory language and scheme of Penal Law § 400.00, which demonstrates the Legislature's intent to preempt the field of firearm regulation, we find that it preempts the amended ordinance."

    Thus, the local ordinance was rended unenforceable by this judgement.

    Personally, I'm a little conflicted. On the one hand, I think people should have the right to own any color firearm they wish. On the other hand, I'm concerned about law-enforcement plugging away at kids with orange toy guns.
    That is where discipline comes in. With rights come responsibilities. While it need not be a law that we don't carry firearms painted to look like toys, responsible carriers simply don't do it. If irresponsible carriers did so on a large enough scale to make officers routinely react to toy guns like real ones, then the States, not the localities, should pass a regulation. In recognition of the problem, I would support such a regulation as it would not place an undue burden on my ability to exercise the Right. However, I just don't see that happening. How large is our community? And how many of us have been so irresponsible as to paint our firearms in toyish colors?

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    Regular Member CrossFire's Avatar
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    Only one in this community that I know of that has painted a real firearm to look like a toy.

  5. #5
    Campaign Veteran since9's Avatar
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    Quote Originally Posted by CrossFire View Post
    Only one in this community that I know of that has painted a real firearm to look like a toy.
    Thank God there's only been one!

    But what of the pink rifles and handguns chose by some of the ladies? They do look like toys, but are obviously not.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

  6. #6
    Regular Member Dreamer's Avatar
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    Quote Originally Posted by CrossFire View Post
    Only one in this community that I know of that has painted a real firearm to look like a toy.

    Smith & Wesson, Colt, Sig, Kel-Tec, Ruger, Cricket and Charter Arms are just SOME of the major manufacturers that make handguns in "non-traditional colors".

    Many handguns marketed to female buyers have pink handles or frames. Some even have pink, gold, or other colors for the finish of the slides and other metal parts.

    This isn't just about "custom" guns sent out for Dura-Cote finishes in electric pink or candy grape metallic finishes. It's about factory-finished firearms for niche markets as well.

    And if memory serves me correctly, the 2A does NOT say "the right to keep and bear "traditionally colored" arms shall not be infringed...

    MD, DC, IL, and CA all have similar setups with their "firearms approval boards", and they will only approve certain firearms for sale in their states--often based PURELY on cosmetics. For instance, 2-tone handguns (polished slides/black frames) are not allowed on the "approved list" in DC.

    I guess it must be because those polished stainless slides are just SOOOO much more deadly, and their ability to hypnotize law-abiding citizens into maniacal killers is greatly enhanced by their shiny finish...


    With sincere apologies to Dr. M.L. King:
    "I have a dream that my children will one day live in a nation where they will not be judged by the color of their firearms but by the content of their character."
    Last edited by Dreamer; 01-04-2011 at 06:51 PM.
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

  7. #7
    Regular Member CrossFire's Avatar
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    Talking

    I guess i am lucky. I once asked my 16 YO grandaughter, at one of our range sessions, if she would like a pink 22 of her own. She let me know in no uncertain terms that she wanted nothing to do with any gun that did not look like a gun, right now she shoots a S&W 22A and she shoots it safely and well.

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