Great! Everyone here has raised some very important concerns!
Brian writes,
The nature of this suit is something that bothers me a bit. Even if we "win", it seems as though it will simply be rewritten to address the faults exposed in the suit and we'll be saddled with an even stronger version of the law.
Brian, this is an excellent point. It's safe to say that everyone here shares your worries. If they knock out the assault weapon's registry, it's hard to imagine how that could be resurrected. Knocking out the registry takes a lot of wind out of Cuomo's sails - for example, enforcing a transfer ban is impossible without a registry.
For what it's worth, in my opinion it's also a good thing to look at the lawsuit in terms of damage mitigation. This bill isn't your typical gun control bill. This bill is a draconian attempt to ban, eradicate, and criminalize vast numbers of common, average firearms. Having any part of this bill thrown out is going to increase the liberty of New Yorkers.
MWalsh writes:
Here's mine. Haynes was self-incrimination. The guy was a criminal and upon registration he would have been charged as one--not for failing to register, but for his previous crime of illegally owning the weapon, correct?
Good question. Hayes was actually charged with failing to register the firearm. He was a criminal, and any firearm in his possession would be illegally possessed. However, the particular firearm in his possession was an 11" Stevens double barrel shotgun, a firearm that was required to be registered under the National Firearms Act.
Here's the rub: If a convicted felon in, say, Canajoharie illegally owns an AR-15, the State cannot compel him to register his AR-15 because doing so would force him to admit to criminal possession of a firearm. He's protected by the Fifth Amendment. So, Problem No. 1: The registry is unenforceable. After the date by which people are supposed to register, if they do not register, they're in illegal possession of a firearm, and thus cannot be compelled to register. . .
Problem No. 2: According to the State, law abiding citizens must register their weapons with the NYS Police. In doing so, they have to circumscribe their liberty and privacy by registering their private information with the State government. The law, in it's totality, offers protection to felons and no protection to law abiding citizens. I'm sure most people aren't comfortable with felons receiving more protection than law abiding citizens.
What happens in July 2014 to a non-registered AW owner? He is committing a felony. If he is caught with this unregistered gun he's in trouble. However, the important question is: What happens in July 2014 if he registers? It's obvious that registering at that point is admittance that up until that day he was a felon, for not having registered his AW, but will there be amnesty for any late-registrations? If so, I am not sure Haynes applies, because the self-incriminating action of registering after the fact will lead to no penalty or charging of a crime.
So what if there is an amnesty? An amnesty would be nothing more than a deadline extension. What happens after *that* date when people fail to register? Again, they would be charged with criminal possession of a firearm on the basis of failing to register that firearm.
