This is not surprising news for those of us who do not expect the courts to do much in terms of helping uphold a robust Second Amendment right. According to Judge William Skretny, a George H.W. Appointee, the states get to determine what is and what isn’t useful for self-defense:
Unlike handgun bans elsewhere, which affect weapons commonly used for self-defense, wrote Judge Skretny, New York’s law “applies only to a subset of firearms with characteristics New York State has determined to be particularly dangerous and unnecessary for self-defense; it does not totally disarm New York’s citizens; and it does not meaningfully jeopardize their right to self-defense.”
So can we ban any subset of handguns, like semi-automatics, and that’s just fine by the Second Amendment? But we do get a consolation prize:
Judge Skretny struck down a provision of the law, however, that limits a gun-owner from loading more than seven rounds in a gun at a time, calling it “largely an arbitrary restriction that impermissibly infringes on the rights guaranteed by the Second Amendment.”
It’s all arbitrary. There’s no public safety issue. They are just trying to ban what they can get away with. If the Second Amendment can’t save NY from SAFE, it might as well not even exist in the Bill of Rights.