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NY Sen. Gianaris: Postponing Unconstitutional SAFE Act Ammo Mandate is Unconstitutional

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A couple of years ago, New York Democrats rammed-through the ironically-named NY SAFE Act – an ill-conceived, hastily-written law designed to pander to the Dem’s anti-gun ideological base. SAFE Act enforcement has been spotty at best. County sheriffs simply refuse to act. Hundreds of thousands of AR-owning Empire Staters have ignored its provisions. Most recently, Gov. Cuomo “postponed” the Act’s ammunition purchase registration mandate. The New York Times reports that last bit has caused a few NY State Senate Democrats to howl that the constitution is being violated . . .

“On first read, this appears blatantly unconstitutional,” said Senator Michael N. Gianaris of Queens [above], the deputy minority leader. “The notion that one house of the Legislature will have greater powers than another, and the governor, with one house only, can agree to change state law, turns our democracy on its head.” He continued: “Republicans got what they wanted because they were able to hold up a piece of paper and claim they rolled back a key part of the SAFE Act,” Gianaris said.

Bless his heart. How precious that, to Mr. Gianaris, passing a bill that violates the constitutionally-protected civil rights of New Yorkers in the heat of the moment, without debate or transparency, one that caused supporters to later confess that the whole thing was a mistake, isn’t a concern at all. But if someone dares usurp the privileges of the NY Senate, and those nasty Republicans get to crow about it, why, he’ll charge heedlessly into the media kleig lights, protesting the unconstitutionality and unfairness of it all.

At least we know what your priorities are, Senator. And that you haven’t been paying much attention to national politics for the last six years.

DISCLAIMER: The above is an opinion piece; it is not legal advice, nor does it create an attorney-client relationship in any sense. If you need legal advice in any matter, you are strongly urged to hire and consult your own counsel. This post is entirely my own, and does not represent the positions, opinions, or strategies of my firm or clients.

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