Saltwater60
20×102mm Vulcan
Just a joke really. I actually have some faith that this will go through. I also think we may get our scary guns and monster magazines back.
2A Lawsuits and their progress we have here in NY
- Thread starter Edwardteach72
- Start date
RBean
.40 S&W
Having practiced law for almost 50 yrs and handled five gun cases in NY and won four, I think this case is about as sure a thing you can get in litigation. Granted, you never know for sure what a court or judge will do. But the Breun decision is clear, J. Thomas headed off most of the BS that NY's attorney is putting out. I almost feel sorry for the guy. He has to defend an indefensible position. The judge has already found most of the provisions of the new law unconstitutional. (Because they are). He put that in a written decision filed with the court on ECF and published. He is not going to reverse himself. There is no question about standing. The only question is how far he will go and if he will stay his decision pending an appeal. If he issues an injunction and the state authorities ignore it, will he send out the US Marshalls to arrest the governor, AG, State Police Chief etc and hold them contempt and in custody until they comply? He has the authority and power to do so.
Acer-m14
20×102mm Vulcan
Dr. Evil
20×102mm Vulcan
This would make it all worth it.
CaliberPlus
.45 acp
RBean, care to postulate on the other ten horrible laws? Also, do you practice in NY? It is tough to find a lawyer that has any concept of the gun laws. At least that is what I have found.
Never going to happen.
RBean
.40 S&W
CaliberPlus, Yes I practice is NY but am trying to retire. Only two cases left (not gun cases). There is a lawyer I can recommend re gun cases. They have gotten a lot easier since Buren. And tirwin1, your are right, the judge could do it, but not going to happen. I agree.
I think in view of Buren the SAFE ACT is in serious trouble. No such law in history and tradition outlawing a class of arms. In fact I think the 1934 Firearms may be in trouble.
I think in view of Buren the SAFE ACT is in serious trouble. No such law in history and tradition outlawing a class of arms. In fact I think the 1934 Firearms may be in trouble.
Saltwater60
20×102mm Vulcan
Good. I have always wanted a Tommy Gun.
minderasr
6.5 Creedmoor
This has been my holy grail weapon as well. But with ammo prices (and I reload) the way they are? It would be a display piece.
ArmedCorgi
.475 A&M Magnum
Still worth it IMO
Saltwater60
20×102mm Vulcan
I’m fine with it. I have wanted one for years. I loved the Al Capone and the untouchables story.
camper4lyfe
.308 Win
It's killing me. I need an update. I really hate not knowing when he'll make a decision.
That_FNG
.308 Win
Do as I do. Assume you will be let down. Then if you are not it is a pleasant surprise.
Honestly it could be if, for now. He could postpone until he hears oral argument.
livingston
20×102mm Vulcan
Judge Blocks Philadelphia’s Gun Ban
A local court stopped enforcement Monday of a Philadelphia executive order prohibiting guns in many recreational areas.The Philadelphia County Court of Common Pleas accepted a request from plaintiffs including Gun Owners of America for a permanent injunction against the executive order, which Democratic Mayor Jim Kenney issued Sept. 27. The executive order banned carrying firearms and other deadly weapons into city Parks and Recreation Department-run indoor and outdoor recreational premises, with exceptions for park trails and areas not explicitly meant for active recreation.
Judge Blocks Philadelphia’s Gun Ban
A local court stopped enforcement Monday of a Philadelphia executive order prohibiting guns in many recreational areas.
dailycaller.com
livingston
20×102mm Vulcan
BIG WIN for 2A in Philadelphia
Egret-II
.40 S&W
I love all these "BIG WIN FOR 2A" videos with the picture of Clarence Thomas that always happen somewhere else, and never in N.Y. and immediately somebody says " I cant wait until it reaches here" but I never does.. I'll get happy for those videos when they happen in NY. Release the Freys!!!
Dr. Evil
20×102mm Vulcan
I would think the more states that fall related to this unconstitutional BS the harder it will be for others to keep this unconstitutional BS as it will represent standing and set precedent.
Saltwater60
20×102mm Vulcan
And so many say PA isn’t far behind NYS. This could have been us, should have been us.Judge Blocks Philadelphia’s Gun Ban
A local court stopped enforcement Monday of a Philadelphia executive order prohibiting guns in many recreational areas.
The Philadelphia County Court of Common Pleas accepted a request from plaintiffs including Gun Owners of America for a permanent injunction against the executive order, which Democratic Mayor Jim Kenney issued Sept. 27. The executive order banned carrying firearms and other deadly weapons into city Parks and Recreation Department-run indoor and outdoor recreational premises, with exceptions for park trails and areas not explicitly meant for active recreation.
View attachment 175456Judge Blocks Philadelphia’s Gun Ban
A local court stopped enforcement Monday of a Philadelphia executive order prohibiting guns in many recreational areas.
Saltwater60
20×102mm Vulcan
I’d like to think you’re right but it’s NYS. There’s a thread that CA said this doesn’t apply to us. CA, NY, NJ, DC are in a league of their own. The only thing this would do is prevent inconsistencies so that it can move higher up the food chain. Of course that takes time and costs money.
Ny really is next level bad.
It's the worst.
I would take my chances in any of these "purple" states like PA or VA in a second.
But the Frey's are encouraging
Dr. Evil
20×102mm Vulcan
It's the United States constitution, not the 46 states constitution. Fuck them.
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Many years ago I listened to Amy Bellantoni speak at a gun show about the unconstitutional Safe Act. She has been in our camp for a long time. I was very happy to read the Frey lawsuit filing. As hard as NYS is putting it to legal firearm owners, their lawsuit is primed to likewise cram it up Hochul's ass. And then some.
I want to follow this, and am very curious to see who it gets assigned to, - and, obviously, I am rooting for it massively.
Cram away Amy (and the Frey's & fellow plaintiffs)!!! And let us know how and where we can support this effort.
I want to follow this, and am very curious to see who it gets assigned to, - and, obviously, I am rooting for it massively.
Cram away Amy (and the Frey's & fellow plaintiffs)!!! And let us know how and where we can support this effort.
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Saltwater60
20×102mm Vulcan
I get that but let me ask you who will make them follow it? Who is responsible for that? Certainly not the Supreme Court so what Merick Garland? That’s comical. The courts have no power of enforcement.
Acer-m14
20×102mm Vulcan
since they won this case and it was ruled unconstitutional ..
now they need to sue the mayor and all involved for damages .. lawers fees .ect
they lost there Qualified Immunity per say ... they lost ..
hit them in there own bank account ..
put them on the hot seat .. with a personal law suit .. will the tax payers cover their expense ?
deprivation of rights and Conspiracy against rights ... maybe could be used ..
Saltwater60
20×102mm Vulcan
It’s all tax payer money and you can’t/won’t sue the politician directly but possibly the city or mayor and only after we have this ruling and then you get arrested again. Right now the law stands. I’m not sticking up for them or the law but I just don’t see it going the way you state here.
whatwasithinking
.40 S&W
The every day citizen. It wasn't too long ago that the your average citizen was the first responder. People just became complacent, too comfortable in the thought that someone else will step up.
The Frey's and the other plaintiff's are taking the first step in challenging the latest infringement. If the state can't or doesn't want to enforce because they know they will loose on appeal, then it's not a law.
camper4lyfe
.308 Win
Reading up on the Frey case, it doesn't look too promising.
Frey et al v. Bruen et al (7:21-cv-05334), New York Southern District Court
Phazer
.450/400 Nitro Ex
I'm no lawyer, but it appears that the court keeps finding the filing deficient, the attorney corrects the defect, and the process gets repeated. This case may never be heard since there appears to be a bias towards dismissal.
whatwasithinking
.40 S&W
The courts don't want to hear the case because THEY know the law will not stand on it's own merits.