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Judge Blocks NY City “High Capacity” Ban

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Big Gulp, c SA

The one on high capacity soda, that is. According to the New York Times, a judge in New York has invalidated the city high capacity soda container ordinance (that would have banned the sale of “large” sodas at NY city establishments, ostensibly to fight obesity) based on the fact that the ban is “arbitrary and capricious,” dealing a massive blow to Mayor Michael Bloomberg and his tyrannical reign over New York City. Which, by the way, is the exact same argument the Tresmonds are making against the “high capacity” magazine ban that was part of the SAFE Act. And if you look into this ruling a bit more, you can see the glimmer of logic and common sense taking hold in the New York judicial system . . .

From the Times:

The judge also wrote that the fact that consumers can receive refills of sodas, as long as the cup size is not larger than 16 ounces, would “defeat and/or serve to gut the purpose the rule.” And the judge also appeared to be skeptical of the purview of the city’s Board of Health, which the Bloomberg administration had maintained has broad powers to better the public’s health. That interpretation, the judge wrote, “would leave its authority to define, create, mandate and enforce limited only by its own imagination,” and “create an administrative Leviathan.”

Let me change a couple words in here real quick . . .

The judge also wrote that the fact that [criminals] can [refill their firearms with new, fully loaded magazines], as long as the [magazine] size is not larger than [7 rounds], would “defeat and/or serve to gut the purpose the rule.” And the judge also appeared to be skeptical of the purview of the [NY Stage legislature], which the Bloomberg administration had maintained has broad powers to [circumvent the Second Amendment]. That interpretation, the judge wrote, “would [invalidate the bill of rights and leave the state governments] limited only by its own imagination,” and “create an administrative Leviathan.”

The exact same logic that was applied to create the “assault soda” legislation was applied to create the magazine capacity restriction legislation. Neither law actually fixes the problem, it instead is a knee-jerk reaction based on absolutely no research that tries to “do something” to fix a perceived problem. Instead of trying to actually present effective solutions, mayors like Michael Bloomberg instead try to legislate against the symptoms rather than the illness. And by doing so, they do more harm than good to their constituents.

At least the judicial system seems to be catching on to their idiotic laws at long last.

0 thoughts on “Judge Blocks NY City “High Capacity” Ban”

  1. *rolls eyes* (sarcasm) Because a background check of the gun buyer will also determine if the other members of the buyers household have undiagnosed mental illnesses and/or violent tendencies.

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  2. It may not look it through the lens of the camera, but all steel was shot from a safe distance. Good point though.

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  3. I agree with the Rabbi on the light being a bullet magnet. I’m shooting at the light if someone is shooting at me with a gun mounted light. I think you’re making yourself an easier target, and there are to many things to mess with if you need to shoot.

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  4. the glimmer of logic and common sense taking hold in the New York judicial system

    That must have happened after I retired.

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  5. Reasonably certain that hizzoner’s PAC will pump enough money into the next election to make sure that this judge is not reelected. If glimmers of logic and common sense were allowed to take hold in the New York judicial system, totalitarians like hizzoner would be out of business. Got to stamp them out while they’re still only glimmers.

    Reply
  6. “The American national anthem is the only national anthem that ends with a question:”

    Wow, Farago. I am 64 years old, and for all of those years, I missed that.

    Nice catch.

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  7. 1. Give up your right to own firearms, you will feel better about yourself
    2. if you do, jail will be safer, you will just have to do something else to get in.
    3. out of context: mikeb, your insults are eloquent in their delivery. Is that all you got?

    Reply
  8. I wish all lawmakers would be required to read the laws about supplying locks with firearms, then look at the toy locks that meet the requirements of those laws. I’m sure it would put some humility in them to see how little they accomplish.

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  9. What’s disturbing here is that Bloomingbutt can get elected three times–the third time requiring special dispensation–even though he’s done the best to make himself into a parody of a dictator. If ever we needed proof that government must be strictly limited in its powers and the rights of the people must be broadly defined and numbered in great length…

    Reply
  10. What a terrible day for gun rights. The Kalifornication of Colorado is nearing completion. Weed – Legalized. Guns – Strictly controlled. State bankrupting itself – On its way.

    Oh, and time for Magpul to put up or shut up.

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  11. Looks like he fell in love with the AR’s while doing his research, and got caught. I agree, I bet he is a real gun lover and wanted one for personal use. It is ok for him and his family, but everyone else, it is too easy. Liar. And hypocrite. And as always, moron.

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  12. I’m adding these to my list…under the lever action 30-30, the .45 ACP, another 9mm, the NAA micro revolver, the 10/22 breakdown, the coach gun, and the AR-10. Unless I win the lottery, it might be a while.

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