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Guess that state: Banning "deceptively colored" (pink!) guns

Posted: Fri Dec 31, 2010 1:49 pm
by ELB
Nassau County, on Long Island, New York, enacted an ordinance which bans handguns in non-traditional colors, such as pink. The ordinance declares such firearms to be “deceptively colored.”

On December 28, the Appellate Division, Second Department (the intermediate court of appeals) ruled 4–0 that the Nassau ban is ...
Go RTWT at the Volokh post by Kopel

Case here: Chwikc v Mulvey

Re: Guess that state: Banning "deceptively colored" (pink!)

Posted: Fri Dec 31, 2010 2:01 pm
by USA1
*moan*

Re: Guess that state: Banning "deceptively colored" (pink!)

Posted: Fri Dec 31, 2010 2:01 pm
by RPB
but ......... they were donating to Susan Komen breast cancer for every pink one sold ......

Komen foundation gave some money to Planned Parenthood for Breast Cancer Awareness education

Conclusion:
This law fails to be "equal protection under the law" Fourteenth Amendment to the United States Constitution as it discriminates against females.

Re: Guess that state: Banning "deceptively colored" (pink!)

Posted: Fri Dec 31, 2010 2:14 pm
by baldeagle
Was there any doubt that Mayor Bloomberg is an idiot?

Re: Guess that state: Banning "deceptively colored" (pink!)

Posted: Fri Dec 31, 2010 2:18 pm
by OldSchool
Good gravy, that is so STUPID!!! :banghead: :banghead: :banghead:

Re: Guess that state: Banning "deceptively colored" (pink!)

Posted: Fri Dec 31, 2010 3:38 pm
by ELB
Y'all did follow the link and find out that the ordinance was tossed out in court via state pre-emption, right? ;-)

Re: Guess that state: Banning "deceptively colored" (pink!)

Posted: Fri Dec 31, 2010 3:43 pm
by ELB
Oh, and keep in mind that Nassau county is where the District Attorney forbids anyone in his office from possessing a handgun or apply for a handgun permit as a condition of employment.

http://defensivehandgun.blogspot.com/20 ... arred.html" onclick="window.open(this.href);return false;

Re: Guess that state: Banning "deceptively colored" (pink!)

Posted: Fri Dec 31, 2010 4:16 pm
by philip964
I thought you couldn't have a gun in New York anyway. So the gun you can't own, now can't be pink.

Re: Guess that state: Banning "deceptively colored" (pink!)

Posted: Fri Dec 31, 2010 4:23 pm
by Oldgringo
baldeagle wrote:Was there any doubt that Mayor Bloomberg is an idiot?
Mayor Bloomberg and his ilk do not elect themselves. They are elected by idiots who vote and who breed more idiots.

Re: Guess that state: Banning "deceptively colored" (pink!)

Posted: Fri Dec 31, 2010 6:24 pm
by terryg
Darn it! I was wrong. I guessed Kalifornia!!

Re: Guess that state: Banning "deceptively colored" (pink!)

Posted: Fri Dec 31, 2010 6:26 pm
by Cobra Medic
Oldgringo wrote:
baldeagle wrote:Was there any doubt that Mayor Bloomberg is an idiot?
Mayor Bloomberg and his ilk do not elect themselves. They are elected by idiots who vote and who breed more idiots.
Who is the bigger idiot? The parasite or the host that doesn't remove the parasite?

Re: Guess that state: Banning "deceptively colored" (pink!)

Posted: Mon Jan 24, 2011 8:16 pm
by PappaGun
Oldgringo wrote:
Mayor Bloomberg and his ilk do not elect themselves. They are elected by idiots who vote and who breed more idiots.

But you can bet they voted for themselves.

:smilelol5:

Re: Guess that state: Banning "deceptively colored" (pink!)

Posted: Mon Jan 24, 2011 8:35 pm
by i8godzilla
I read the article and IMHO the ruling goes way further than overturning the "Pink Handgun" issue.
Voloka wrote:
"If each of New York’s 62 counties enacted ordinances that placed additional restrictions on licenses, as the amended ordinance effectively does, the uniformity in firearm licensing that the Legislature intended would be destroyed.”
The 4-0 ruling indicates (to me) that the preemption of state hand gun laws is not permissible.
nycourts.gov wrote:
http://www.nycourts.gov/reporter/3dseri ... _09911.htm" onclick="window.open(this.href);return false;
Under the doctrine of conflict preemption, a local law is preempted by a State law when a "right or benefit is expressly given . . . by [] State law which has then been curtailed or taken away by the local law"
So what does this do to NYC's litany of hand gun laws?

Re: Guess that state: Banning "deceptively colored" (pink!)

Posted: Mon Jan 24, 2011 8:38 pm
by RoyGBiv
Cobra Medic wrote:Who is the bigger idiot? The parasite or the host that doesn't remove the parasite?
Exactly...

And..

http://www.nydailynews.com/news/2008/03 ... mberg.html" onclick="window.open(this.href);return false;

Re: Guess that state: Banning "deceptively colored" (pink!)

Posted: Tue Jan 25, 2011 11:57 pm
by hirundo82
i8godzilla wrote:So what does this do to NYC's litany of hand gun laws?
NYC has always had a special status in New York firearms laws. For example, handgun permits issued in the rest of the state do not allow carry in NYC, and rifles and shotguns require a permit to own in NYC but not in the rest of New York.