maverick52
.223 Rem
Honestly I feel like crap. I hear the optimists looking for the good in all this. But I’m also fed up with losing all the time. Now we wait for the next case. NYSRPA vs Bruen part 2
Will the CCIA be Enjoined this Week? Case dismissed
- Thread starter maverick52
- Start date
S&W Fan
.475 A&M Magnum
Buh by .. Peckerwood
RBean
.40 S&W
Scanned the opinion. Did not read in detail. The judge punted on 3rd down. Could have found "standing" if he wanted to. But case dismissed without prejudice. Don't worry. Within a few months of this monstrosity in effect there will be plenty of people with standing. People who were arrested because they have not paid attention to the changes; some one who stops at the wrong gas station on the way to the range, people who are denied permits, people whose permits are delayed because the County Clerks and licensing officers are totally confused etc.
I lost two motions for preliminary injunctions in gun cases but went on the win the cases eventually. All is not lost. Also, a denial of a constitutional right is in and of itself irreparable harm.
I would not appeal this decision, just find a plaintiff who does have standing. Should be able to do that in a few weeks. Glad I retired to Florida so personally not my problem.
I lost two motions for preliminary injunctions in gun cases but went on the win the cases eventually. All is not lost. Also, a denial of a constitutional right is in and of itself irreparable harm.
I would not appeal this decision, just find a plaintiff who does have standing. Should be able to do that in a few weeks. Glad I retired to Florida so personally not my problem.
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Cavalry
.338 Win Mag
4th box of liberty for the win. Just kidding Stasi officer, see you in the next round of court.
Saltwater60
20×102mm Vulcan
I don’t get the this guy doesn’t have standing thing, I mean I do I just disagree with it. He will be impeached and effected by the sensitive places ruling I don’t see how or why you need to be arrested first.
gunpoliticsny
6.5 Creedmoor
Dr. Evil
20×102mm Vulcan
For now. The hack is taking a victory lap.
The CCIA goes into effect on September 1 after Attorney General James successfully defended its constitutionality.
For now. The hack is taking a victory lap.
The CCIA goes into effect on September 1 after Attorney General James successfully defended its constitutionality.
RBean
.40 S&W
"Standing" is an elastic term to be used and shaped as desired. Unfortunately for them, all my clients in gun cases clearly had "standing." The judge just didn't find irreparable harm, even though he eventually found multiple violations of constitutional rights after depositions, discovery, motions for summary judgment etc.
The state actors will gloat over this for a while, but more will be coming. With "standing." The judge didn't find the law constitutional just that the plaintiff had not been f----ked yet.
The state actors will gloat over this for a while, but more will be coming. With "standing." The judge didn't find the law constitutional just that the plaintiff had not been f----ked yet.
Yay more anti-constitutional laws stand. What else is new.
Are we fucking there yet?
Are we fucking there yet?
Saltwater60
20×102mm Vulcan
Don’t worry a more liberal judge will find it constitutional next time around. I have little faith in the system.
Toi watch the first pistol permit holder that’s caught with a CCW in a bodega in NYC will get a felony charge but the guy robbing the joint at gun point won’t. Funny how they praise this law all while Allen Birigg the Manhattan DA said armed robbery’s will get charged with petty larceny.
Vapor
.308 Win
Yo seriously, anyone know a good places to look for jobs in other states that don't require the vaccine?
Asking for a friend.
Asking for a friend.
ArmedCorgi
.475 A&M Magnum
Look west
Dr. Evil
20×102mm Vulcan
Young man.
maverick52
.223 Rem
I have felt the same. I think that’s their purpose. To make having and keeping a license so absurd that no one pursues it.
gun_slinger_boy
.338 Win Mag
Even though this doesn't affect me it's just as disappointing. This should have been a slam dunk. What part of text, history or tradition does this law agree with? It just shows that certain places in the U.S. are just going to keep doing whatever they please which will make it take that much longer to get meaningful wins. Bruen is obviously not doing much for you guys.
Acer-m14
20×102mm Vulcan
wonders if i should open carry my umarex g19 bb gun now ... LOL ..
www.law.cornell.edu
18 U.S. Code § 241 - Conspiracy against rights
drowhawk
.44 mag
There is no hope. NYRSPA should have stayed in their lane. Now I get punished because some down stater couldnt get an unrestricted carry which is now worth less than the restricted carry they had before.
nortatoga
.338 Win Mag
John Stark
.44 mag
The elephant in the room is not a loss at the judicial level.
The Supreme Court has handed the American people three strong decisions on the Second Amendment, and many other states have run with that ball. More are going to follow, and we're likely looking at something like a 30-35 vs, 15-20 state split in terms how the nation as a whole is going to shake down on this.
The 30-35 states are either already Constitutional Carry (25 states already), or very close to that (2-3 more?), with some other still having hoops to jump through but with a pretty fair process that non-criminals can get through in a relatively short time (another few). The 15-20 states with bad laws are obviously going from bad to worse and flying in the face of what is now clear Supreme Court precedent, with NY and Commiefornia leading the way and some other states like Oregon and Washington trying to catch up to that.
I put those numbers up the way I did because the trend is almost certainly going to grow the number of states that are either Constitutional Carry or otherwise mostly fair in their laws pertaining to Arms. We really are at about 30 very solid states right now, and others that are still WAY better than the worst states like NY and CA.
That being said, it ought to be patently obvious by now, after 14 long years since Heller, what the real problem is going to be to bring the minority of these rogue states to heel and into compliance with 21st century jurisprudence on this matter.
That problem is the need for executive action against states that refuse to comply with Supreme Court opinions that strike their schemes down.
When certain southern states were not going to go along with the fundamental Rights of black folks, and were refusing to accept that Segregation was struck down, it took a sure hand in the executive branch of the Federal government to put a stop at that, including the use of National Guard.
These states that are openly defying the Supreme Court are going to continue to steamroll their own citizens until something gives. The Supremes do not have the power to force a state to do anything, and history backs that up. It took some spine in the executive branch to enforce rulings that did away with "separate but equal."
Biden is never going to enforce Heller, McDonald, or Bruen, nor anyone one in his administration. Nor ANY Demrat administration. That ought to be obvious. Milquetoast jellyfish in the mold of Jeb Bush or Mitt Romney are never going to do it either. States like NY that are run by gangsters certainly aren't going to enforce Supreme decisions they are now actively trying to make an end run around. Anyone want to try and tell me that the Troopers or the majority of sheriffs in NY (forget about city cops) are going to defy whatever hack is running Albany and refuse to enforce the new edicts? Give me a break.
The plain fact of the matter is that any given state can run rough shod over the Rights of their own citizens unless and until enough force is applied to make them stop, executive action or otherwise. That is a fact of life.
Overall a large part of the nation is moving towards supporting the Second Amendment, but its likely that the hold outs are going to get away with it for decades.
Lets say that people win some big law suits at the Federal level against NY for the violation of their Rights and are awarded damages. How exactly would they collect on that if NY told them to pound sand? IS the FBI going to arrest or otherwise go after the Cuomos and Hochuls we are always going to be dealing with here in NY given the retards that dominate the cities that vote these scum into office? Is the US Attorney General going to do so? Please!
Most of us are going to be dead or too old to give a shit before this stuff is resolved in states like NY. Its possible that maybe we could get some kind of executive action if we could ever get someone in the Oval with a spine and a set of balls, but then you have a vast Federal bureaucracy to hinder and hamper any given President or other executive authority (like an AG, or the head of any other given FedGov agency dealing with a permanent government employee class that has no problem gumming up the works, slow walking executive orders, etc.).
We do not control our government any longer. We have not for a long time. The bureaucracy is the real 4th branch of government. They proved that by stymieing Trump for 4 long years, and finally running his ass out of the White House and out of power. It was obvious after Trump beat the second attempt at impeachment over that Ukraine bullshit, and with the start of Operation WuFlu, that Trump was no longer in control of the Federal government (and never really was).
Further, even if we had a Republican win the governorship in NY (a freaking pipe dream at this point), these laws are NOW on the books. If some eunuch Republican actually did win the governor's mansion, its likely he'll go along to get along and not get much done, and though he could possibly make some moves on enforcement of this bullshit, he can't overturn those laws. Even in states where politicians have majorities to get rid of bad laws, its still a lengthy process that takes years. It is never going to happen here in NY in our lifetimes through the legislative process, and there is almost certainly no chance that any given executive is going to give NYers relief and refuse to enforce this shit.
Anyone want to bet how likely it is that the NY Assembly and Senate are ever going to toss these law the Whore down in Albany gleefully signed into "law"?
None of what I have written here is doom and gloom, the sky is falling nonsense. These are very real political realities that people in states like Commiefornia and NY are facing given their stronghold status as states with a lock on the commie vote.
It is unrealistic to think these states are going to budge until they are made to do so in some manner.
The Supreme Court has handed the American people three strong decisions on the Second Amendment, and many other states have run with that ball. More are going to follow, and we're likely looking at something like a 30-35 vs, 15-20 state split in terms how the nation as a whole is going to shake down on this.
The 30-35 states are either already Constitutional Carry (25 states already), or very close to that (2-3 more?), with some other still having hoops to jump through but with a pretty fair process that non-criminals can get through in a relatively short time (another few). The 15-20 states with bad laws are obviously going from bad to worse and flying in the face of what is now clear Supreme Court precedent, with NY and Commiefornia leading the way and some other states like Oregon and Washington trying to catch up to that.
I put those numbers up the way I did because the trend is almost certainly going to grow the number of states that are either Constitutional Carry or otherwise mostly fair in their laws pertaining to Arms. We really are at about 30 very solid states right now, and others that are still WAY better than the worst states like NY and CA.
That being said, it ought to be patently obvious by now, after 14 long years since Heller, what the real problem is going to be to bring the minority of these rogue states to heel and into compliance with 21st century jurisprudence on this matter.
That problem is the need for executive action against states that refuse to comply with Supreme Court opinions that strike their schemes down.
When certain southern states were not going to go along with the fundamental Rights of black folks, and were refusing to accept that Segregation was struck down, it took a sure hand in the executive branch of the Federal government to put a stop at that, including the use of National Guard.
These states that are openly defying the Supreme Court are going to continue to steamroll their own citizens until something gives. The Supremes do not have the power to force a state to do anything, and history backs that up. It took some spine in the executive branch to enforce rulings that did away with "separate but equal."
Biden is never going to enforce Heller, McDonald, or Bruen, nor anyone one in his administration. Nor ANY Demrat administration. That ought to be obvious. Milquetoast jellyfish in the mold of Jeb Bush or Mitt Romney are never going to do it either. States like NY that are run by gangsters certainly aren't going to enforce Supreme decisions they are now actively trying to make an end run around. Anyone want to try and tell me that the Troopers or the majority of sheriffs in NY (forget about city cops) are going to defy whatever hack is running Albany and refuse to enforce the new edicts? Give me a break.
The plain fact of the matter is that any given state can run rough shod over the Rights of their own citizens unless and until enough force is applied to make them stop, executive action or otherwise. That is a fact of life.
Overall a large part of the nation is moving towards supporting the Second Amendment, but its likely that the hold outs are going to get away with it for decades.
Lets say that people win some big law suits at the Federal level against NY for the violation of their Rights and are awarded damages. How exactly would they collect on that if NY told them to pound sand? IS the FBI going to arrest or otherwise go after the Cuomos and Hochuls we are always going to be dealing with here in NY given the retards that dominate the cities that vote these scum into office? Is the US Attorney General going to do so? Please!
Most of us are going to be dead or too old to give a shit before this stuff is resolved in states like NY. Its possible that maybe we could get some kind of executive action if we could ever get someone in the Oval with a spine and a set of balls, but then you have a vast Federal bureaucracy to hinder and hamper any given President or other executive authority (like an AG, or the head of any other given FedGov agency dealing with a permanent government employee class that has no problem gumming up the works, slow walking executive orders, etc.).
We do not control our government any longer. We have not for a long time. The bureaucracy is the real 4th branch of government. They proved that by stymieing Trump for 4 long years, and finally running his ass out of the White House and out of power. It was obvious after Trump beat the second attempt at impeachment over that Ukraine bullshit, and with the start of Operation WuFlu, that Trump was no longer in control of the Federal government (and never really was).
Further, even if we had a Republican win the governorship in NY (a freaking pipe dream at this point), these laws are NOW on the books. If some eunuch Republican actually did win the governor's mansion, its likely he'll go along to get along and not get much done, and though he could possibly make some moves on enforcement of this bullshit, he can't overturn those laws. Even in states where politicians have majorities to get rid of bad laws, its still a lengthy process that takes years. It is never going to happen here in NY in our lifetimes through the legislative process, and there is almost certainly no chance that any given executive is going to give NYers relief and refuse to enforce this shit.
Anyone want to bet how likely it is that the NY Assembly and Senate are ever going to toss these law the Whore down in Albany gleefully signed into "law"?
None of what I have written here is doom and gloom, the sky is falling nonsense. These are very real political realities that people in states like Commiefornia and NY are facing given their stronghold status as states with a lock on the commie vote.
It is unrealistic to think these states are going to budge until they are made to do so in some manner.
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gun_slinger_boy
.338 Win Mag
And as some of us have been saying for YEARS now, get the hell out if you can. Gun laws are not the only reason NY absolutely sucks.
I am a life long New Yorker. Born and raised in Syracuse, settled in Rochester NY for 40 years. This state's government is going to force me to leave. I have many family and friends still here. It is a difficult decision but the G-D politicians have forced the issue.
spat
.700 Nitro Express
Hillary called to read his suicide note to him.
That he waited until the absolute very last second to declare his decision, knowing there was no more time to get other lawsuits in place, speaks volumes to his character.
This judge is obviously biased, bought, or just plain threatened. But the outcome for law-abiding citizens in NY is the same.
Each and every moment of violence perpetrated on the innocent law-abiding in NY is directly on the head of the NY Legislature and their fascist queen, heil hochul. This is outside the realm of their duties.
People should be calling for their arrests for civil rights violations, and suing the living hell out of them.
This judge is obviously biased, bought, or just plain threatened. But the outcome for law-abiding citizens in NY is the same.
Each and every moment of violence perpetrated on the innocent law-abiding in NY is directly on the head of the NY Legislature and their fascist queen, heil hochul. This is outside the realm of their duties.
People should be calling for their arrests for civil rights violations, and suing the living hell out of them.
Saltwater60
20×102mm Vulcan
I agree. He knew exactly what he was doing and knew from day one this would be the outcome. It should have been rejected or settled quickly, instead we were lead on so the law would be implemented.
Phazer
.450/400 Nitro Ex
Standing - When someone is murdered or otherwise greviously injured in a state-declared gun-free zone.
Problem - For the person harmed, it is already too late.
Question - Since the state government has declared most sites in the state to be sensitive areas where the second amendment is nullified (private businesses, state buildings, schools, parks, theaters, stadiums, houses of worship, public transportation, transportation stations, etc), is the state government now civilly responsible for providing security at all of the aforementioned locations at all times?
Problem - For the person harmed, it is already too late.
Question - Since the state government has declared most sites in the state to be sensitive areas where the second amendment is nullified (private businesses, state buildings, schools, parks, theaters, stadiums, houses of worship, public transportation, transportation stations, etc), is the state government now civilly responsible for providing security at all of the aforementioned locations at all times?
Unlikely, unenforceable (protection that is) and impossible. That matters not to those in government in this state. Power is the currency, and people are irrelevant to them. And most are sheep, following the herd.
spat
.700 Nitro Express
Closer every day.
The Erie county Sheriff was just talking about places of worship being extremely soft targets because a lot of people would ccw there as security and now cannot.
NY just invited every nut job in the country to break mass shooter records unchanged.
Where do NY gun laws go when 30+ people are shot up in a church or supermarket from some crazy that simply drove their guns and body armor in from another state? They all now know there are no guns near a place of worship.
How do they punish law abiding citizens more and make it easier for criminals after this? They are going to eventually run out of ways to help these murders.
NY just invited every nut job in the country to break mass shooter records unchanged.
Where do NY gun laws go when 30+ people are shot up in a church or supermarket from some crazy that simply drove their guns and body armor in from another state? They all now know there are no guns near a place of worship.
How do they punish law abiding citizens more and make it easier for criminals after this? They are going to eventually run out of ways to help these murders.
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