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WBEN NewsRadio 930>Audio & Video on Demand>>State vs. Federal Gun Law Rights - Dennis Vacco

State vs. Federal Gun Law Rights - Dennis Vacco

Jan 17, 2013|

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Automatically Generated Transcript (may not be 100% accurate)

Dennis buckle. Of Western New York as a former attorney general with the State of New York is a partner with the law firm look those Mathias Wexler Friedman LLP. We're going to talk with mr. -- now about gun control legislation. What's happening in Washington what's happened and our State Capitol mr. lock on good morning thank you for joining us. Gordon attitude and -- pleasure be equity you're very welcome governor Andrew Cuomo got here is gun control proposals. Passed by the New York State Legislature. Ahead of what the federal government is going to be dealing with down the road and -- you can settle this once and for all. If a federal law. Is essentially the same as the state law. Does the federal law take president's. Well it's it's really not quick Eddie yeah I mean if the state -- for -- -- has more restrictive. And we're seeing that in the context of the opposite effect that was passed. By the legislature and -- signed by the governor this week. Let's go to the issue of the -- magazine or high volume clips. Under New York State law. The -- site can now contain no more then seven rounds of ammunition and I believe that president Obama's proposal. Biden and certainly federal law is it is higher than that. I believe president Obama's proposal is this ten rounds so under those circumstances the more restrictive. State law would apply. Okay. Now because I know. So we see that all across the United States -- -- you know states that there's been missed this the duality if you will. You know this double overlay of federal law and state law for for many years it was practically in the -- but we also see it in the context of a drug enforcement and drug crimes as well. So there's always been a patchwork of of state laws across the fifty states then superimposed. Side by side with sadness that the Chilean prop up but -- -- side by side with state laws have been that the the federal laws in this that a long recognized. Jurisprudence jurisprudence that a steam in the United States that the feds get their power but principally under the covers quality that its constitution. But they have the ability to regulate what's going -- interstates. In the trick here is that the fight to wait for both of those federal and state laws to be compatible with one another. Okay -- now let me get your expertise on this that we already know that the gun lobby is vowing to vigorously fight this. What kind of I've been no pun intended here what kind of shot to they have. Well I think that they appear to be watching what's going had been in Washington. It's clear that they have a pretty decent shot of attacking pieces of the president's proposal. Somewhat surprised that the rapidity by which to say they act passed. The New York State Legislature and I was connected there it was signed by Governor Cuomo. But I think that you received far more resistance on the national level because that the legislative processes as much more complicated the NRA has an awful lot of influence. And -- just pieces of that legislation. That that you know four. Senators who have been particular senators who represent states where there's large -- gun ownership. Although provisionally to be very difficult so I think we're the consensus is going to develop is around. The background checks. That seems to make sense to me for instance in the New York State. Statute if there's agreement by the period now where -- where folks who own magazine's pick and contain more than seven rounds of ammunition have appeared dependable insult those magazines. By the -- While I think that the you know the overall intent of the laws there's already. A little skeptical about you know allowing those magazines we shall out of state because we've known for years the one of the reasons why we have so much gun gun violence in New York State with the highest. Well aware that we're the most that the toughest gun laws in America -- generic they Leo we still have the highest levels of gun violence in the United States. It because illegal weapons coming in from from out of state. The comment from states that don't have laws as strict desire. So this idea that we're gonna take these these. 102030. Round clips and so a lot of states really seems to be exact quote in -- the the barn door at all because those groups will eventually find -- way back into New York State. I was gonna ask you another question about just let's say that I had one of these high capacity clips and I wanted to get -- -- -- to comply with New York State law. And let's say some guy in Montana wants to buy it -- -- -- the sky Montana using and use it for some terrible deed. You know -- Jack and that's that's really what the loopholes. It and in this direction at stake sit back. Is that these high capacity clips. You know there's that it -- -- across seat crossed -- trade I think that. For some 75000 registered gun owners and New York State. They have they have the ability right now possess higher capacity clips the law says that they have a certain period of time I believe it's a year that they could go out of state to sell those clips well. Who are telling those groups to what the intention of the guided by that there what's what's the mechanism to keep those clips. For migrating back into New York State as we know illegal guns have done for decades and that that's really good to me that that's cosmetic -- in this. You know that this this restriction on size of the criticism is. There's an important consideration but this idea that they're gonna be shall let a state when we know for years there's been a huge sucking sound. Of the illegal weapons coming into New York State from states that don't have the same restrictive laws as we do. And and Dennis to a zero liability and a part of the seller. Well -- at the that would gun control advocates for a long time have been pushing. For liability that on the Natalie on the part of the seller but even you know more importantly from their perspective. That the that the manufacturer whether the manufacturer of the weapon or the ammunition. There's been plenty of attempts to hold. The manufacturer so this actual liability frankly Susan might be. The next battle line drawn in in this gun control panel because it -- the heart of you know that goes -- the economics of of guns so it it's between the legislative process doesn't. Accomplish what the gun control advocates let two accomplished. I wouldn't be surprised to see what what we saw in the 1990s with the with the lawsuit against the tobacco industry I wouldn't be surprised if we saw a similar lawsuit brought against the that the that the gun industry as well. While Dennis we thank you for your time this morning. Dennis -- former New York State attorney general partner of the local law firm -- Mathias Wexler Friedman LL pretty.

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