Temporary Restaining Order Issued For Concealed Carry Improvement Act (merged thread)

Slacker43

Slacker43

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Uzi said:
As usual I'm confused. What is this talk about something going into effect on Wednesday? I'm seeing all sorts of mixed info as per usual. Is it "legal" to carry again normally, or are we still waiting for some technicality bullshit?
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The stay has a 3 business day ✋️ period before it goes into effect. Your definition of legal may differ from mine. For me once a judge says it's bullshit I am good to go. I never changed anything other than buying a smaller carry gun. The SCOTUS has already said I have a right to self defense outside my home. That is good enough for me. Your definition may be that you are following the new bullshit law and by that thinking you must wait the 3 business days and make sure you know if the 2nd circuit stayed the TRO. Depending on the days Thursday is probably the day but could be Wednesday if they count Thursday as a day.
 
John Stark

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If the 2nd Circuit puts the kibosh on the TRO with the intent of overruling the District ruling broadly (and thus also ignoring Bruen), then they will have gone full retard.

And if they go that route, the best stalling tactic for them at that point would be to assign it to a panel first, and then hear it en banc afterwards.

Shenanigans are likely afoot. The State and FedGov need time to figure out how to stop the incredible impact that Bruen is having on the Second Amendment in the light of Heller and McDonald.

Given that FedGov rule by fiat law has been premised on "never let a good crisis go to waste" for decades now to get the outcomes the elite traitors want, I expect we're going to be seeing an epic level of fuckery on the horizon.
 
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Ok it's Wednesday. The 3 days are up for the stay (Friday, Monday, Tuesday). So is this official now or what? Anyone know?
 
Tisto

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Glock_USA said:
Oh you're probably right. I'll be watching for the block to come today then.
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I'm not convinced that the TRO will be blocked. I know Hochul et al WANT it blocked, I just don't think they will get their wish. I'm certainly no lawyer, but I think the 2nd circuit will let this go. They don't want to step in before the lower court (Suddaby) makes a ruling on the entire case. Even then, the 2nd circuit will probably concur that the law is unconstitutional. Overturning Suddaby would kick the issue to SCOTUS and THAT decision would have nationwide implications. I could, however, be completely wrong.
 
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Tisto said:
I'm not convinced that the TRO will be blocked. I know Hochul et al WANT it blocked, I just don't think they will get their wish. I'm certainly no lawyer, but I think the 2nd circuit will let this go. They don't want to step in before the lower court (Suddaby) makes a ruling on the entire case. Even then, the 2nd circuit will probably concur that the law is unconstitutional. Overturning Suddaby would kick the issue to SCOTUS and THAT decision would have nationwide implications. I could, however, be completely wrong.
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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.
 
US RIFLE M1A

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It would be a strange scenario that the 2nd will create if the TRO is blocked.

The injunction will be heard later this month in federal district court (Judge Suddaby).

If prior to the injunction hearing in district court, the 2nd blocks the TRO, and then Suddaby subsequently issues an injunction, which in effect brings back the position the 2nd tossed out, it would be as if the lower court is over-ruling the higher court.

Judge Suddaby and the 2nd Court of Appeals would be in a very odd back-and-forth battle. SCOTUS would have to step in.
 
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US RIFLE M1A said:
It would be a strange scenario that the 2nd will create if the TRO is blocked.

The injunction will be heard later this month in federal district court (Judge Suddaby).

If prior to the injunction hearing in district court, the 2nd blocks the TRO, and then Suddaby subsequently issues an injunction, which in effect brings back the position the 2nd tossed out, it would be as if the lower court is over-ruling the higher court.
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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.
 
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Saltwater60

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Glock_USA said:
According to this CNN article the state says the TRO is in effect today (Wednesday).

www.cnn.com

New York asks appeals court to keep restrictive gun law in effect after lower court paused enforcement of parts of it | CNN Politics

The state of New York on Monday asked an appeals court to allow a restrictive gun law to remain in effect as it appeals a decision by a federal judge that temporarily blocked parts of the measure.
www.cnn.com www.cnn.com
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I’ll be carrying later today at a state park some horse face hochul decided to push her luck it’s now perfectly legal for me to do so. Thanks Kathy.
 
Steal2B

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So did New Jersey give up and accept the permanent injunction to become a Shall Issue State?
 

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US RIFLE M1A

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Phazer said:
Wow. NJ completely gave up on "justifiable need" for a permit. They are actually accepting NYSRPA v Bruen.
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First get a NJ Firearms Purchaser ID Card. Application on the state police website. Will require two references (filled out online).

Upon issuance of Firearms ID Card, with that in hand, then find an approved rage to qualify (50 rounds/approx 1 hour session) and go to an Identigo for fingerprints. Ranges are in NJ but Identigo can be near home in NY.

Submit all to the NJ Stae Police barracks (not located on a toll road) nearest you, even if you are a non-resident.

Applications actually have all states that border NJ in check boxes on the application. Almost as if they know non-res licenses are a big thing.
 
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This is frustrating. Hopefully the court of appeals moves quickly with their 3-judge panel. I can't say I'm hopeful for that at this point.
 
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Figured this was significant enough for its own headline, at least for now. Whoever's in charge around here can merge or delete if they see fit.

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m1_ping said:
This is frustrating. Hopefully the court of appeals moves quickly with their 3-judge panel. I can't say I'm hopeful for that at this point.
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I'm sure they'll drag as long as they can. I'm sure they've been told to do so by the state.
 
US RIFLE M1A

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Injunction hearing next week. Injunctions outrank a TRO. Judge Suddaby has proven to be a Constitutionalist who respects SCOTUS. He also knows that the judges of the 2nd District are neither, but they need to have their hands on the case for it to get to SCOTUS. At this point, it's not the rulings of the 2nd that matter, only the speed at which it can get in and out of the 2nd on the way to SCOTUS. Things are happening quickly thanks to Suddaby and this will be resolved in favor of the 2nd Amendment.

In the mean time, rural counties know the law is unenforceable. I am not worried. Word I hear is that rural LE is warning its people NOT to enforce the law due to enormous lawsuits once this is tossed by SCOTUS.
 
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