Heller case attorney: NY 7-round limit “clearly unconstitutional”
Posted by William A. Jacobson
Wednesday, January 30, 2013 at 8:35pm
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The discussion was fascinating, and I strongly urge you to view the complete 1 hour video which is posted on YouTube.
They touched on a number of issues, including the concept of defending oneself against “tyranny” as a justification at the time of enactment (they both agreed that historically it was a factor), and other aspects of 2nd Amendment law.
Towards the end of the program I asked about the recent NY gun law which outlaws possession of handguns which hold more than 7-round magazines, although current owners can keep the guns so long as they only put 7 bullets in the 10-round magazine.
Because of where the microphones were placed, my question is a little hard to hear. I asked about whether NY’s 7-round limit was constitutional given that it is lower than the 10-round magazines which widely are accepted as within the norm, even by many gun control advocates.
Gura answered:
“Well the 7-round limit to me is clearly unconstitutional, for the reasons mentioned, Americans have expectation to find in common use handguns that have more than 7-rounds, and so a 7-round limit is plainly unconstitutional.”
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