2A Lawsuits and their progress we have here in NY

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A motion for preliminary injunction has been filed in Boron v. Bruen. This lawsuit challenges the public parks and public transportation sensitive area prohibitions and the private property restricted area by default prohibition. We can expect for the state to file a response in opposition and the court to schedule a hearing. Hopefully the law is already enjoined via Antonyuk v. Hochul when the court gets to this, but if not we have another chance at getting parts of CCIA enjoined in this case.

In the future this case may be known as Christian v. Bruen as Boron has dropped out of the lawsuit.
 

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Dr. Evil

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m1_ping said:
A motion for preliminary injunction has been filed in Boron v. Bruen. This lawsuit challenges the public parks and public transportation sensitive area prohibitions and the private property restricted area by default prohibition. We can expect for the state to file a response in opposition and the court to schedule a hearing. Hopefully the law is already enjoined via Antonyuk v. Hochul when the court gets to this, but if not we have another chance at getting parts of CCIA enjoined in this case.

In the future this case may be known as Christian v. Bruen as Boron has dropped out of the lawsuit.
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Any idea why Boron dropped out?
 
Jchrisls

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So please help me out. Which one is being heard today, what does it entail as I'm getting lost in Which lawsuit could potentially end the sensitive places portion of the CCIA.
 
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Jchrisls said:
So please help me out. Which one is being heard today, what does it entail as I'm getting lost in Which lawsuit could potentially end the sensitive places portion of the CCIA.
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There will be oral arguments for plaintiff's motion for a TRO in Antonyuk v. Bruen Antonyuk v. Hochul today. This lawsuit is much more broad than Boron/Christian v. Bruen.

Edit: accidentally used the case name of the old case...
 
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Jchrisls

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m1_ping said:
There will be oral arguments for plaintiff's motion for a TRO in Antonyuk v. Bruen Antonyuk v. Hochul today. This lawsuit is much more broad than Boron/Christian v. Bruen.

Edit: accidentally used the case name of the old case...
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Thank you for the clarification. Fingers crossed.

Ps- would you care to do some "pre game analysis " for us ? I'm certain it would be interesting.
 
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Jchrisls said:
Thank you for the clarification. Fingers crossed.

Ps- would you care to do some "pre game analysis " for us ? I'm certain it would be interesting.
Click to expand...
This is my non-lawyer understanding. I have done a lot of reading of free resources available online from a few different law schools so I can understand what is going on, but my understanding certainly falls short of a legitimate law degree.

Background:
This case comes from GOA after their previous case Antonyuk v. Bruen was dismissed for lack of standing. Plaintiff did not state any plans to violate the law, they only stated a desire to. The court ruled that this is not enough for standing under Second Circuit precedent. In that case Judge Suddaby dismissed the case but continued on to give "judicial dictum" stating that many of the challenged parts of the law are not deeply rooted in the Nation's historical tradition of firearm regulation and if his finding that the plaintiffs have no standing were to be reversed on appeal, the dictum would become the ruling of the court. A firearm regulation not deeply rooted in the Nation's historical tradition cannot be constitutional per NYSRPA v. Bruen (SCOTUS). The challenged sections of CCIA that the court found to be unconstitutional are social media disclosure, sensitive locations (with the exception of a few that SCOTUS explicitly allows), restricted locations. The dismissal and the dictum the judge included was issued in response to plaintiff's motion for a preliminary injunction, the judge would have issued a preliminary injunction on these parts of CCIA had standing not been an issue.

In this case Antonyuk v. Hochul GOA has added more plaintiffs and they have all stated plans to violate the challenged CCIA. Hopefully this satisfies the requirements for standing which were not met last time. This case was deemed to be related to Antonyuk v. Bruen and the same judge has been assigned the case (Suddaby). The court is considering a motion for a Temporary Restraining Order (TRO). This is different from a preliminary injunction. A TRO is more of an emergency tool a court can use on a short term basis. The court can even issue a TRO without giving the defendant any time to respond. In this case the court gave the defendant the opportunity to write a letter in opposition and hold oral arguments. These oral arguments are what is happening today. If the court issue a TRO it will only be for 14 days unless the state gives consent for it to last longer; the court can also choose to renew before it expires. The purpose of the TRO would be to protect the defendants until the court can consider a preliminary injunction. The process to consider a preliminary injunction can take a few weeks or more. GOA has also filed a motion for preliminary injunction and that hearing will be scheduled for late October or early November.

There are legal requirements that dictate how and when a court issues a TRO, a preliminary injunction, and a permanent injunction. There are all different and the plaintiff needs to demonstrate different criteria for each of them. Just because we get or don't get a TRO or preliminary injunction does not mean we will get or not a permanent injunction. A permanent injunction is the ultimate goal which would effectively strike down the CCIA (unless reversed on appeal).

The state defendants have filed their brief in opposition and signaled their intent to appeal any ruling against them immediately. This can get complicated as appeals at the second circuit occur while the case continues in district court.

Possible outcomes to watch for today:
  • The court issues or declines to issue a TRO on all or some parts of the challenged sections of CCIA. This may happen today in court at the end of arguments or anytime after in a written order
  • The court dismisses the case for lack of standing (again)
 
Saltwater60

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m1_ping said:
This is my non-lawyer understanding. I have done a lot of reading of free resources available online from a few different law schools so I can understand what is going on, but my understanding certainly falls short of a legitimate law degree.

Background:
This case comes from GOA after their previous case Antonyuk v. Bruen was dismissed for lack of standing. Plaintiff did not state any plans to violate the law, they only stated a desire to. The court ruled that this is not enough for standing under Second Circuit precedent. In that case Judge Suddaby dismissed the case but continued on to give "judicial dictum" stating that many of the challenged parts of the law are not deeply rooted in the Nation's historical tradition of firearm regulation and if his finding that the plaintiffs have no standing were to be reversed on appeal, the dictum would become the ruling of the court. A firearm regulation not deeply rooted in the Nation's historical tradition cannot be constitutional per NYSRPA v. Bruen (SCOTUS). The challenged sections of CCIA that the court found to be unconstitutional are social media disclosure, sensitive locations (with the exception of a few that SCOTUS explicitly allows), restricted locations. The dismissal and the dictum the judge included was issued in response to plaintiff's motion for a preliminary injunction, the judge would have issued a preliminary injunction on these parts of CCIA had standing not been an issue.

In this case Antonyuk v. Hochul GOA has added more plaintiffs and they have all stated plans to violate the challenged CCIA. Hopefully this satisfies the requirements for standing which were not met last time. This case was deemed to be related to Antonyuk v. Bruen and the same judge has been assigned the case (Suddaby). The court is considering a motion for a Temporary Restraining Order (TRO). This is different from a preliminary injunction. A TRO is more of an emergency tool a court can use on a short term basis. The court can even issue a TRO without giving the defendant any time to respond. In this case the court gave the defendant the opportunity to write a letter in opposition and hold oral arguments. These oral arguments are what is happening today. If the court issue a TRO it will only be for 14 days unless the state gives consent for it to last longer; the court can also choose to renew before it expires. The purpose of the TRO would be to protect the defendants until the court can consider a preliminary injunction. The process to consider a preliminary injunction can take a few weeks or more. GOA has also filed a motion for preliminary injunction and that hearing will be scheduled for late October or early November.

There are legal requirements that dictate how and when a court issues a TRO, a preliminary injunction, and a permanent injunction. There are all different and the plaintiff needs to demonstrate different criteria for each of them. Just because we get or don't get a TRO or preliminary injunction does not mean we will get or not a permanent injunction. A permanent injunction is the ultimate goal which would effectively strike down the CCIA (unless reversed on appeal).

The state defendants have filed their brief in opposition and signaled their intent to appeal any ruling against them immediately. This can get complicated as appeals at the second circuit occur while the case continues in district court.

Possible outcomes to watch for today:
  • The court issues or declines to issue a TRO on all or some parts of the challenged sections of CCIA. This may happen today in court at the end of arguments or anytime after in a written order
  • The court dismisses the case for lack of standing (again)
Click to expand...
I hope there is standing and I hope the line plaintiff doesn’t back out.
Thanks for this and my understanding is similar to yours, although I have to admit I was not as fimilar with the TRO, preliminarily, and permanent injunctions as you are.
As they say time will tell.
 
Jchrisls

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m1_ping said:
This is my non-lawyer understanding. I have done a lot of reading of free resources available online from a few different law schools so I can understand what is going on, but my understanding certainly falls short of a legitimate law degree.

Background:
This case comes from GOA after their previous case Antonyuk v. Bruen was dismissed for lack of standing. Plaintiff did not state any plans to violate the law, they only stated a desire to. The court ruled that this is not enough for standing under Second Circuit precedent. In that case Judge Suddaby dismissed the case but continued on to give "judicial dictum" stating that many of the challenged parts of the law are not deeply rooted in the Nation's historical tradition of firearm regulation and if his finding that the plaintiffs have no standing were to be reversed on appeal, the dictum would become the ruling of the court. A firearm regulation not deeply rooted in the Nation's historical tradition cannot be constitutional per NYSRPA v. Bruen (SCOTUS). The challenged sections of CCIA that the court found to be unconstitutional are social media disclosure, sensitive locations (with the exception of a few that SCOTUS explicitly allows), restricted locations. The dismissal and the dictum the judge included was issued in response to plaintiff's motion for a preliminary injunction, the judge would have issued a preliminary injunction on these parts of CCIA had standing not been an issue.

In this case Antonyuk v. Hochul GOA has added more plaintiffs and they have all stated plans to violate the challenged CCIA. Hopefully this satisfies the requirements for standing which were not met last time. This case was deemed to be related to Antonyuk v. Bruen and the same judge has been assigned the case (Suddaby). The court is considering a motion for a Temporary Restraining Order (TRO). This is different from a preliminary injunction. A TRO is more of an emergency tool a court can use on a short term basis. The court can even issue a TRO without giving the defendant any time to respond. In this case the court gave the defendant the opportunity to write a letter in opposition and hold oral arguments. These oral arguments are what is happening today. If the court issue a TRO it will only be for 14 days unless the state gives consent for it to last longer; the court can also choose to renew before it expires. The purpose of the TRO would be to protect the defendants until the court can consider a preliminary injunction. The process to consider a preliminary injunction can take a few weeks or more. GOA has also filed a motion for preliminary injunction and that hearing will be scheduled for late October or early November.

There are legal requirements that dictate how and when a court issues a TRO, a preliminary injunction, and a permanent injunction. There are all different and the plaintiff needs to demonstrate different criteria for each of them. Just because we get or don't get a TRO or preliminary injunction does not mean we will get or not a permanent injunction. A permanent injunction is the ultimate goal which would effectively strike down the CCIA (unless reversed on appeal).

The state defendants have filed their brief in opposition and signaled their intent to appeal any ruling against them immediately. This can get complicated as appeals at the second circuit occur while the case continues in district court.

Possible outcomes to watch for today:
  • The court issues or declines to issue a TRO on all or some parts of the challenged sections of CCIA. This may happen today in court at the end of arguments or anytime after in a written order
  • The court dismisses the case for lack of standing (again)
Click to expand...
Thanks ping. I actually envisioned this as somewhat of a pre game commentary, with the major difference being I was really interested in this, and additionally, this was factually based with knowledge and research to which I "listened" in entirety.
 
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UPDATE: The judge reserves decision on a TRO. A written decision will be forthcoming.

TEXT Minute Entry for proceedings held before U.S. District Judge Glenn T. Suddaby: Motion Hearing held on 9/29/2022 re 6 Emergency Motion for a Temporary Restraining Order filed by Ivan Antonyuk, Corey Johnson, Leslie Leman, Joseph Mann, Lawrence Sloane, and Alfred Terrille. Oral argument is heard by counsel. District Judge Suddaby RESERVES DECISION and a written decision on the 6 Emergency Motion for a Temporary Restraining Order will be forthcoming. Briefing has been set on the 6 Motion for a Preliminary Injunction and a hearing will be scheduled on that portion of the motion in due course. APP: Stephen D. Stamboulieh, Esq. for Plaintiffs. James M. Thompson, Esq. and Michael G. McCartin, Esq. for NYS Defendants. Edward Melvin, Esq. for Oswego County Defendants. Time: 11:10 AM - 12:25 PM. (Court Reporter Jodi Hibbard) (sal) (Entered: 09/29/2022)
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US RIFLE M1A

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Does not mean anything either way. We are conditioned by television to have everything resolved in a dramatic way.

If he would have issued a decision from the bench, you know the state would have hauled ass to the circuit court and had it overturned.

This way, the decision will be accompanied by a well reasoned explanation that will either justify the TRO or provide further guidance to the plaintiffs.
 
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I am going to say this, he knew this was coming. If he really belives this is a bad law, I would have thought his written part would have been ready to go. Kind of like Hochul expected the SCOTUS decision and had a response set to go.
I hope I am wrong this time. I will take my bad attitude someplace else now.
 
Saltwater60

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m1_ping said:
The judge did not decide on the TRO at the hearing today. He will issue a written decision later. I expect it tomorrow or Monday, but it could come at any time.
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The decision is only on the TRO correct?
Im a bit worried but I have a good feeling about this one for some reason. I’m usually very skeptical, but I think he will grant it. Of course this is just a feeling but the Virginia ruling and Suddaby’s past comments on this have to mean something. I guess we will see at some point soon.
 
Saltwater60

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US RIFLE M1A said:
Does not mean anything either way. We are conditioned by television to have everything resolved in a dramatic way.

If he would have issued a decision from the bench, you know the state would have hauled ass to the circuit court and had it overturned.

This way, the decision will be accompanied by a well reasoned explanation that will either justify the TRO or provide further guidance to the plaintiffs.
Click to expand...
You mean every judge isn’t like judge Judy?
 
drowhawk

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Lmfao cant believe you are all still talking about this. We got punished. Get over it. We will NEVER have less infringements; only more. Hochul said flat out she is ready to go back to muskets. And you guys thought she was bluffing!

The more noise we make, the more punishment will come down from the state. Period.
 
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