Search results

BREAKING: THE TRO IS STAYED, CCIA LAW IS IN EFFECT.

According to this CNN article the state says the TRO is in effect today (Wednesday). https://www.cnn.com/2022/10/10/politics/new-york-gun-law-appeal/index.html

Not exactly. The TRO is only temporary so it'd just have to go right back to the 2nd and they would overrule the entire thing. The more I think about it the less I think the 2nd will mess with the TRO because in 2 weeks or so it'll be irrelevant when the final case determination is made.

Quite possibly the dumbest thing I've ever seen.

Could be. I'm just saying that if it were going to happen today would be the day. It'll give me something to keep an eye on at work anyway.

Oh you're probably right. I'll be watching for the block to come today then.

Ok it's Wednesday. The 3 days are up for the stay (Friday, Monday, Tuesday). So is this official now or what? Anyone know?

The case is still with him. He ruled on the emergency TRO which protects the plaintiffs from damage until he can make the final ruling on the case as a whole.

How will they rule? Well they can rule in our favor and the restraint stands or they can rule against which I almost hopes happens, and it;; go back to SCOTUS and be even better for us in the long run. How long will they stall? Well the stay expires in 2 business days after today so not for long.

Some information regarding the appeal; Appealing a TRO is generally super narrow. You can't just say "I don't like it, I want a second opinion" You have to have a factual issue with the TRO. It does not get re-heard, or re-argued. You cannot present new arguments. You can only claim the lower...

Another Red Coat down.

I would think the 2nd can scrap the TRO without any consequence, but when the actual case ruling comes down (in a few weeks I think) it will have to stand or they know it is going back to SCOTUS, the same court that just smacked them down, and the court they have called "radical" and...

OK well the governor has been restrained so....

The law was deemed unconstitutional, no? The AG was restrained, no? The AG = top law enforcement officer. If she cant enforce then why would anyone under her be able to? I think you are worrying about nothing here. If you want to follow unconstitutional laws go ahead. I won't.

If you were charged by a DA in "X" county the charges are still the state of NY v. You. The state has been restrained. Each local jurisdiction is acting on behalf of the state. The ruing applies to everyone.

Maybe when its all over you won't need a permit.

The charges wouldn't stick past Wednesday. No DA's office would even bother with this. Charge someone Tuesday and drop charges Wednesday? Nah. I dont think so.

The TRO only addressed a few of the imminent things that were putting people in immediate danger of arrest. It is not the final decision of the case. Training requirements and others are still being reviewed and a decision will come soon on those. Also the bar is much higher for a TRO than it is...

Because NYC isn't sensitive. You just dont have a license to carry there. Thats the difference.

The charges would be the state of NY V you. The state is restrained.

The order would effect the jurisdiction of the Court that issued it as far as I know.

The 2nd Circuit knows though that if they get cute this is going right back to SCOTUS and this time they are likely to be even more strict and limit the state even further.

I would be careful with the "church security" thing. I could see the state charging people for working as armed guards without the proper license for it.

I don't see how the charges could stand. We may need another lawsuit to settle out first though for a definitive answer.

I wonder if private business "no guns allowed" signs will now be considered legally binding therefore making those areas sensitive places or is that not a possibility unless they write a new law?

Incorrect. He said the sate took away the rights of the property owners by doing this and that the system they had previously worked fine. Court respectfully disagrees with that argument, because (through this prohibition) the State of New York is now making a decision for private property...

They are referenced in some of the news articles coming out, and that social media requirement has been restrained so it is likely.

It will be interesting to see what happens with the new suit that challenges "open carry". Where are they going to find historical context of open carry being banned? How did people conceal their flintlock pistols in 1790? As far a I know the only people who hid their weapons were criminals...

One of them was. They said they were unwilling to hand over social media accounts. Should have also said they were unwilling to take any training.

Update because someone asked, the stay is for 3 BUSINESS DAYS, so it doesn't take effect until Wednesday.

It's the same judge. It was dismissed on standing, then he wrote out instructions on how to fix it, and they did, and now he has restrained the state from enforcing this.

Not till Monday. If you want to get technical. I'm not sure how someone could be arrested and charged between now and then. I would think the charges would have to be dropped Monday when this goes into effect.

This is an emergency restraining order to prevent persons from irreparable harm. Nobody is under risk of harm from references or training requirements. Calm down. This is not over. Just a temporary, emergency action.

I love the lengths the judge went to for this. Even some of the restricted places that remain say they can remain "for now". This may not be over. We might get even more. For the "no carrying at a bar" the judge references that while there is some history of Wyoming banning carry in a bar in...

TRO DOESN'T TAKE EFFECT FOR 3 DAYS.. I FOR ONE WON'T BE WAITING.

https://storage.courtlistener.com/recap/gov.uscourts.nynd.134829/gov.uscourts.nynd.134829.27.0_1.pdf

TRO HAS BEEN ISSUED

TEMPORARILY RESTRAINED from enforcing the following provisions of the Concealed Carry Improvement Act, 2022 N.Y. Sess. Laws ch. 371 (“CCIA”): (1) the provisions contained in Section 1 of the CCIA requiring “good moral character” EXCEPT to the extent it is construed to mean that a license shall...

It was state law. The judge had no discretion. Had to be done.

The only people who will have to take the training to renew are those downstate. Most of the state will not be required to train to renew. This has been stated by the agencies tasked with formulating these guidelines. The difference is renew vs rectify. Downstate permits expire and must be...

Camera guy is an idiot. Those 2 cops are idiots. They say the guy is baiting them and that is at least partially true. If nothing happens the video sucks and he doesn't get the views. But the cops are the ones taking the bait so what does that make them? As I said. Idiots all around.

Reasonably or knowingly believes.... That is important. If that is how they wrote it it is relevant. So place A wasn't banned for 100 years so what would make someone reasonably think it is any different now? If you can show you have been going somewhere for 30 years you instill serious doubt...

One thing I found interesting that I was talking to my buddy about is that the law is worded that you're guilty of possession in a sensitive place if you knew or should have known that you are in such place. Well how would I or should I reasonably know such thing is a sensitive place if I've...

It bypassed "codes" which is where it would go and the committee would take a look and try to find things wrong with the bill. Different scenarios and so on and so forth. Well it went there but they weren't given any time to read it. It was rushed through in an emergency manor. This is what was...

Heard it explained on a popular YouTube channel today that the state police will need to run the background checks for firearms and ammo sales. No longer does the local FFL dealer do it. So you will fill out your info and the dealer will send it to state police then they will do it on their own...

LOL. Letters? Are you delusional? Sorry but nobody is reading or giving a shit about letters. Right in the trash they'll go. Dont waste your time.

Ok so they read the ruling and then passed new laws to mitigate it. Now what? FPC has put the NY governor "on notice". I'm sure she'll change her ways real quick. NOT. Seems like this is just pissing into the wind.

What about other states having sensitive places? That will factor in as well. Other states have bans on carrying into a bar for example. Just because NY didn't doesn't mean they won't look to the history of other states doing it.

I mean we know why now. Because now people other than their special friends will be given permits. They could argue that before there was a higher burden for issuance therefore the areas weren't as sensitive as they would be if higher numbers of the general population were allowed to carry...

Or you would just buy a pistol and keep it in a locker at the training facility. Who knows. There are ways to do it. Or maybe the trainers would have a handful of guns to teach with that would stay with them. You dont necessarily have to train on the exact gun you want to buy.