The following article was originally posted on the NY Firearms Forum. The author “Shooter” is an attorney and consented to have the post included here.
Shooter’s Advice: Hold On to All Magazines and Weapons Banned by the Safe Act
Alright everyone, this is my formal legal advice. I advise every citizen of the State of New York to hold onto all pre-ban magazines, handguns, rifles and other weapons banned by the Safe Act and required to be surrendered or sold out of state by January 15, 2014, or required to otherwise be registered by April 15, 2014. Please do not sell or transfer these items at this time. I am speaking for myself here at this time, but I am in talks with Tresmond Law to file this jointly.
This is why. Under the Takings Clause of the United States Constitution, the state cannot deprive us of property without just compensation. As many of you know, I am an attorney. It is my intention to file a class action lawsuit on behalf of all citizens the Safe Act effects prior to January 15, 2014 compelling the state to pay fair value for all of these items. This will break the state and that is my exact intention.
All banned items will be reported to the court in a filing and stored wherever the court allows while the case proceeds. It is my presumption the state will just let everyone hold them at home during the lawsuit, otherwise they would have to pay for large, secure facilities to store them for the duration of the litigation. It is estimated that the costs the state will have to bear may be as much as four billion dollars. The state wants to avoid this cost so that is why they are trying to convince you to get rid of these items at no cost to the state. The state may be forced to capitulate.
Now please do not be concerned about the other lawsuits or my continued full confidence we will win. However any smart general has a backup plan. It is my intention to beat the state, Andrew Cuomo, and the Safe Act no matter what it takes. This lawsuit will bring them to their knees. Therefore, just in case the other lawsuits are unsuccessful or an injunction is not granted, this is my best back up plan.
Now this will be a massive lawsuit. Who is with me?