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New York Gun Ban Faces Lawsuit

Attorney James Tresmond

Attorney James Tresmond speaks to a New Yorker interested in joining in on his lawsuit against the new gun ban, passed into law on Tuesday.

A Hamburg, NY attorney plans to challenge his state’s newly-enacted assault weapons ban, not on Second Amendment grounds, but because he claims the law violates his Fifth Amendment rights.

“Can the government take what rightfully belongs to somebody, without due process, and without just compensation?,” lawyer James Tresmond asks.

According to local television news outlet WGRZ, lawmakers took the the Fifth Amendment of the U.S. Constitution, which says a person shall not “be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation,”  into account when writing up the gun ban.

The legislation passed into law on Tuesday grandfathers in weapons and magazines holding more than seven bullets currently owned by New York residents. In the case of magazines, residents can still own them, but cannot put more than seven bullets at a time in them.

At a Tuesday press conference announcing the new gun law, Governor Cuomo said that “banning sales going forward, prior assault weapons should be registered just like you register a handgun,” opening up the possibility of gun seizures.

Tresmond claims that more than 10,000 New Yorkers have contacted him via phone or e-mail about the lawsuit. He is now working with at least six other attorneys to get the lawsuit prepared.

Tresmond estimates it will take 3-4 weeks of preparing the suit before he files it, most likely in federal court.

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Posted in New York Scandals, On The Domestic Front.

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One Response

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  1. cenacom09 says

    This has nothing to due with taking on the government or protectig your second admendment rights… It has to due
    with protecting your family if the government fails… Have you ever seen a person or parent of a child that has gone several days without food or water, People get desperate and will do anything to help thier children in dier situations…

    Every empire that has existed in history has collapsed… even as recently as the USSR or a natural disaster that limits the ability of the government to provide goods and services, look at Hurricain Katrina… and when that happens the People are left without food, water, shetler, etc…

    It’s not that you may need a few bullets to hunt with… It’s in a situation were the governing body fails… even in short outages that you need more…

    Please help us in New York, before the laws come to a town near you…

    https://petitions.whitehouse.gov/petition/rule-ny-safe-act-be-unconstitutional/W2KLT6t8#thank-you=p (and)

    http://www.nysenate.gov/webform/stand-second-amendment-standing-new-york-state-senator-kathleen-marchione

    Please

    it only takes a minute to sign up… PLEASE… Or / Also Contact…

    http://www.therightperspective.org/2013/01/17/new-york-gun-ban-faces-lawsuit/

    At the following Email addresses

    psacco1@twcny.rr.com and tresmondlaw@gmail.com

    Include: Firstname, Lastname, Email Address, and Phone Number

    If you only think it has to do with NY your wrong…

    http://www.reuters.com/article/2012/12/25/us-arms-treaty-un-idUSBRE8BO00B20121225

    …and the easier to read version…

    http://www.prisonplanet.com/bombshell-leaked-un-gun-treaty-does-ban-guns.html

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