Jacob Sullum on "The Threat Posed by Gun Magazine Limits"

Jacob has an interesting piece here on the constitutionality of the new New York State gun laws.

as Gov. Andrew Cuomo put it last week, "Nobody needs 10 bullets to kill a deer."  

That might count as an argument if the right to keep and bear arms were all about killing deer. But as the Supreme Court has recognized, the Second Amendment is also about defense against individual aggressors, foreign invaders, and tyrannical government.  

Toward those ends, the Court said, the Second Amendment guarantees the right to own weapons "in common use for lawful purposes," which clearly include guns capable of firing more than 10 rounds (and certainly more than seven) without reloading. The Glock 17, one of the most popular handguns in America, comes with a 17-round magazine. One of the most popular rifles, the AR-15 (a style made by several manufacturers), comes with a 30-round magazine.  

Measured by what people actually buy and use, magazines that hold more than 10 rounds are hardly outliers. In fact, there are tens (if not hundreds) of millions already in circulation, which is one reason new limits cannot reasonably be expected to have much of an impact on people determined to commit mass murder. . . .

New York's new definition of Assault weapons

Well, if the 10 bullet limit on magazine didn't work, surely the 7 bullet limit will have a big effect.  Is the point of rushing these laws through to make sure that they can't be discussed and analyzed.

Assault weapons -- defined as any rifle with a "military style" feature, such as a bayonet or a telescoping stock -- that are currently owned would be grandfathered and would have to be registered with the state. Magazines with a capacity of more than 10 rounds and manufactured before 1994, which are currently legal, would have to be turned over to authorities or sold out of state within one year. If a magazine has a capacity between eight and 10, it would have to be retrofitted to only hold seven rounds.   

Under Cuomo's plan, the state would have one year to set up an instant background check system for all ammunition purchases. Law enforcement would be alerted to large purchases of ammunition. . . .