Rifle And Pistol Association To File Notice To Sue State On Gun Law


The state Rifle and Pistol Association today is set to file a notice of claim over the state’s new gun-control law, the first step toward a lawsuit over the measure.

The group’s executive director, Thomas King, confirmed to Gannett’s Albany Bureau this morning that the notice would be filed today in Albany. The notice of claim would give the group 90 days to file its lawsuit.

“There are no grounds listed on the notice of claim. Obviously, we are going to be looking at constitutional as well as other issues,” King said.

A lawsuit against Gov. Andrew Cuomo’s gun-control law was expected, and it will likely add to the divisiveness over the issue.

Gun-rights supporters have derided the law, which was hastily passed Jan. 15, as a violation of the Second Amendment.

Cuomo said today that the law will save lives and shows that government can act after a tragedy, alluding to the Newtown, Conn., school shootings last month.

He said he expected criticism after the law was passed, and a drop in his sky-high poll numbers.

New York passed the first and toughest gun-control law after the shootings. It adds a stronger assault-weapons ban and limits the number of bullets in a magazine to seven, down from 10. It also requires more registration of guns.

“I think the state is a safer state,” Cuomo said on 1300-AM (WGDJ). “I’m sure there will be a drop in (his poll numbers) … I understand that. I expected it.”


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  1. The Second Amendment was not enacted to provide a check on government tyranny; rather, it was written to assure the Southern states that Congress would not undermine the slave system by using its newly acquired constitutional authority over the militia to disarm the state militia and thereby destroy the South’s principal instrument of slave control.

    “Slavery was not only an economic and industrial system,” one scholar noted, “but more than that, it was a gigantic police system.” Over time the South had developed an elaborate system of slave control. The basic instrument of control was the slave patrol, armed groups of white men who made regular rounds.The patrols made sure that blacks were not wandering where they did not belong, gathering in groups, or engaging in other suspicious activity. Equally important, however, was the demonstration of constant vigilance and armed force. The basic strategy was to ensure and impress upon the slaves that whites were armed, watchful, and ready to respond to insurrectionist activity at all times.The state required white men and female plantation owners to participate in the patrols and to provide their own arms and equipment, although the rich were permitted to send white servants in their place.

    During the Constitutional Convention, Pierce Butler of South Carolina declared: “The security the South. States want is that their negroes may not be taken from them which some gentlemen within or without doors, have a very good mind to do.”Most believed that question had been settled in Philadelphia. The Southern states had made it plain that they would not join the Union if emancipation was an open issue and insisted that the Constitution protect the slave system.

    Even Virginians who wanted to end slavery had to tremble at such a prospect. Virginia was a state living in perpetual fear. Fully forty-four percent of Virginia’s total population was black, and in some areas, particularly in the eastern part of the state, blacks constituted the majority.

  2. Found this reply to the above third paragraph comment by stephen real on another web site comment section.

    ” … your silly little quote [BY PIERCE BUTLER] is taken out of context. Your quote has NOTHING to do with guns for “security” or “keeping the black down on the plantation.” …

    “For everybody else that may read this – stevie’s quote is taken from “THE DEBATES IN THE FEDERAL CONVENTION OF 1787 WHICH FRAMED THE CONSTITUTION OF THE UNITED STATES OF AMERICA. What was being debated at the time stevie’s quote was made was the division of eventual representation of northern VS southern states in the government the Framers were contemplating forming. The southerners wanted slaves counted in full for representation while the northerners feared such a system would over-represent the south in the new government, especially considering slaves were not allowed to vote. Had nothing to do whatsoever with guns or the second amendment. This debate was taking place BEFORE the Constitution has been written, and nobody had thought of the bill of rights yet! When the final Constitution was drafted and approved by the states it prohibited the importation of slaves after 1808, which destroys stevie’s argument that the Constitution “protected the slave system.”

    “As for the second amendment, stevie, how about finding us a quote in context from anybody at the time the Bill of Rights was being debated who advocated needing the second amendment to keep slaves in their place. Good luck with that!”

    In other words stephen, your theory is wrong.