NY State District Attorney Will Not Prosecute Cuomo’s Gun Laws

“Where it is a duty to worship the sun it is pretty sure to be a crime to examine the laws of heat.”  — John Morley

Columbia County District Attorney Paul Czajka, Former Columbia County Judge- Times Union
Columbia County District Attorney Paul Czajka, Former Columbia County Judge- Times Union

Two New York State troopers stopped Gregory Dean, a 31-year-old Dutchess County resident on Route 22 in New Lebanon for a broken license plate light.

Three summonses were issued to Dean: Driving with a suspended license; an inadequate license plate; and unlawful possession of ammunition device, a Class B misdemeanor.”

Columbia County District Attorney Paul Czajka said he examined the seriousness and nature of the crime along with Dean’s criminal history (or lack thereof) and subsequently determined  it to be the best exercise in prosecutorial discretion in declining

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Progressives – just make it too expensive for the ordinary guy to own a gun: a de facto confiscation

A typical handgun in the typical gun store can be had from $300 to $900 (and of course, can go WAY higher).  Until the Progressives started on their current ‘don’t waste the Sandy Hook crisis” jeremiad to disarm the populace (even as they admit their gun grabs would NOT have stopped any of the recent mass killings), the cost of an AR (you know, the kind of semiautomatic rifle with cosmetics that cause pansie Democrats to have to change their shorts often) would be in the $1 – $2,000 range.  The incremental costs are mostly just the ammo and range time.

Well, not only have NY State Legislative Democrats (with a few Republicans on par with “useful idiots”) already stuck it to their gun owners already, but are about to pile on with more:

The latest bill, introduced in the New York State Assembly by Democrat Assemblyman Felix Ortiz, seeks to force all gun owners to purchase at least $1 million in liability insurance to cover any damages caused by firearms. It would be a mandatory requirement for anyone who owns a gun, as those who refuse to comply within 30 days would have their firearms confiscated.

“Any person in this state who shall own a firearm shall, prior to such ownership, obtain and continuously maintain a policy of liability insurance in an amount not less than one million dollars specifically covering any damages resulting from any negligent or willful acts involving the use of such firearm while it is owned by such person,” the bill, S2353, states.

“Failure to maintain such insurance shall result in the immediate revocation of such owner’s registration, license and any other privilege to own such firearm,” the bill adds.

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A use of the Fifth Amendment to protect the Second

Commerce Claws the rest of the Constitution?US Senator Diane Feinstein and NY Gov. Andrew Cuomo have infamously said that they would be fine with an outright confiscation of citizens firearms.  We do see talk of Government officials, via either official or de facto gun registration databases, coming to demand peoples’s guns.  Some have mentioned voluntary gun buybacks (which I would be fine with from the owners standpoint (not so much using my tax money to do so, however).  Some, however have declared that such should be mandatory.  Which then triggers the Fifth Amendment:

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Already there is talk that the NY SAFE gun ban may well be unconstitutional as it mandates that gun owners must get rid of their arms and standard capacity magazines (no, they are NOT high capacity magazines with 10-15 rounds for a handgun and 30 rounds for a modern sporting rifle as those have been sold for years for time and in the millions for quantity of sales). In essence, to this non-lawyer (oh, Grokster Tim?  Weigh in here if you can!), it seem that the State is “taking” a person’s personal property away without recompense (and in fact, declaring them to be a felon).  So would simply paying the owners $50 a pop for mags sufficient?  Hmmm, Lars Larson, a talk show host that I listen to in the early evenings if I am out and about has an interesting theory that simply paying for them is insufficient to satisfy the Fifth (and thus, protecting the Second):

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