Alphecca

Federal Judge Questions NY Gun Law

Cops and prosecutors and law makers love broadly worded legislation because it allows them the leeway to prosecute anyone they want. One federal judge in New York State is questioning such wording. From the Democrat & Chronicle (NY):

A federal judge on Thursday questioned whether a state law governing gun show transactions may be so broadly worded that it could affect pancake breakfasts or other similar events sponsored by gun clubs.

A lawsuit filed last year by local sporting clubs attacks various pieces of New York's gun control statutes, including one section designed to govern firearms sales at gun shows.

Under the law, any gun show must be prepared to provide background checks on possible gun buyers. The show operator can otherwise face civil penalties up to $10,000.

Scott Garretson, the attorney representing the sporting clubs, said the statute simply defines a "gun show" as an event where gun owners gather. That definition could apply to pancake breakfasts, pig roasts, political rallies or 4-H events sponsored by a gathering of "gun owners," Garretson said.

Assistant Attorney General Charles Steinman said the state Legislature's intent clearly was not to place onerous restrictions on gun club events that have nothing to do with gun sales.

He maintained that the Attorney General's Office would not pursue action against other events.

[...]

U.S. District Judge Charles Siragusa answered that he must consider what the statute says, not how the current attorney general may interpret it.

"It sounds silly, but (the statute) could encompass a pancake breakfast, regardless of the attorney general saying, 'We're not going to prosecute,'" Siragusa said.

I'm reminded of when I lived in an apartment complex in a town in NJ. There was never enough parking in the lot so each night (being a young party-hardy soul) I would come home late and have to park in the street -- and overnight parking was prohibited. So also, every night, I would have to call the town cops and tell them I was leaving my car on the street, and why, etc. And often the desk cop would stop me and say, "that's alright, we're not ticketing tonight!" Needless to say, I DID receive the occasional parking ticket on some of those nights.

A bad law is worse than no law.