Saltwater60
.950 JDJ
And they never even held the hearing for the TRO so what’s that tell you?
Temporary Restaining Order Issued For Concealed Carry Improvement Act (merged thread)
- Thread starter Glock_USA
- Start date
Saltwater60
.950 JDJ
They said they were not enforcing it so we didn’t have standing so that’s good enough for me. It’s on court record.
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*weren't?
Acer-m14
20×102mm Vulcan
welcome to the NYS Court system ..
its in your court unconstitutional .. no its constitutional back in your court .. no it back in your court .. repeat
71 hits .. 71 years ..
its in your court unconstitutional .. no its constitutional back in your court .. no it back in your court .. repeat
71 hits .. 71 years ..
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99cummins
.308 Win
If it weren’t for me telling them, a number of gun owners I know would have no idea any of this ccia or the court bs was happening.
And that’s how I’m going to play it moving forward. Nothing changing for me. I’m so done with this fucking game
ManualF150
.308 Win
That is the truth. No formal mailings or anything. I know on a couple county pistol licensing sites they say to check back regularly as the laws are always changing. Even at this point, I'm trying to stay a "law abiding" citizen, and even I am so confused! But that is what they want. Then they can play that game of "bait and switch" so they "gotcha" if something happens.
My biggest fear for anyone that doesn't know, if something medically happens, and they are carrying that gun on private property (with no guns allowed signs), they are now a criminal.
How can laws change so much where they need to put on a county website that you need to keep checking back? Never heard of such thing!
Furthermore, there are folks, even at my job, that don't have a computer, and still have a flip phone! They still read the newspaper when they can/want. How can they keep abreast of a county website that has new laws that change once a week almost with no Internet?
FrankenCub
.338 Win Mag
Other than the NYSP saying they will absolutely enforce it. And to be honest I have zero trust in the NYSP.
subsonic
.44 mag
Correction: the respondents are no longer restrained by the district from enforcing this unconstitutional law again while the 2nd circuit dithers on ruling.
Saltwater60
.950 JDJ
That should have said weren’t enforcing it. Also the NYSP said they would with her on a news conference but then a state appointed attorney said in open court on the record that they would not be enforcing it. I’ll accept the later that is on a legal record since they even said this causes them to not have standing. If I were the judge at that point I’d have said ok if you’re not enforcing this what parts aren’t you because some Is in effect now such as the training and what not. When they provided the list I’d have invalidated those parts of the law to the furthest of my ability at that point.
subsonic
.44 mag
Size of the Supreme Court is set by law. Changing it requires a majority vote in the both chambers of Congress, meaning the house and Senate, and the president's signature, or a veto-overriding vote of 2/3 of both the house and senate. By rule normally 60 votes in the Senate are required to overcome a filibuster, but a Senate that would pack the Supreme Court would also change that rule, so they would only need 50 votes + vice president to break the tie. It's been 9 since 1869.
Congress could also impeach, convict and remove sitting justices by the same process that the President or other federal officers are impeached by Congress.
What would require a constitutional amendment would be changing the term from lifetime appointment or otherwise restricting the powers of appointed justices.
FrankenCub
.338 Win Mag
I wouldn't trust that state attorney, NYSP can enforce it knowing the state has unlimited funds to fight us in courts that bow to the state. We'll go broke, loose our firearms and standard of living, trying to regain what we lost.
Depick
.308 Win
Figured we’d get fucked again.
drowhawk
.44 mag
You guys keep falling for this like a hot stove.
If training because of the militia, then we can form militia units and combat train. After being trained open/concealed weapon carry will be allowed, per because you could back in the must militia time. Also purchases by members must be unregulated, per because you could back in the old days.
Saltwater60
.950 JDJ
Sounds good. Add that too can have whatever the military has then after the training too.
Far king
.357 mag
That sounds cool but wouldn’t one then become a “ white supremacist domestic terrorist “ ?
Acer-m14
20×102mm Vulcan
sure there was a law back in the days requiring all able body men 18 to XX to be the so called 2A Militia .. have there own supplies .. gun balls powder ..
but where is the actually Training ??
is there any documents showing theses able bodies actually doing any training ...
when n where did they all will muster for training ??
what was the list of the required training ..
this has to be prior to the signing 1791 .. there is nothing in the 2A text on training .
....
Did the armed bank robber have training ....
Acer-m14
20×102mm Vulcan
lets push this old law of all able body men 18 to XX to be the so called 2A Militia .. have there own supplies .. gun balls powder ..
take this to the other side of the isle now ...
then every liberal college kid has to learn how to shoot a gun , have a gun and powder and bullets of modern styles ..
so they all just basically got Drafted into the 2A Militia
LOL ..
take this to the other side of the isle now ...
then every liberal college kid has to learn how to shoot a gun , have a gun and powder and bullets of modern styles ..
so they all just basically got Drafted into the 2A Militia
LOL ..
subsonic
.44 mag
You are right that the circuit assignment of Sotomayor is very bad for us. If she had any decency she ought to refer an application to reverse the stay to the full court, which she should know would be inclined to grant it. But she’s the most rogue activist in the Supreme Court and the one who knows and cares least about the law, procedure or the facts. Ginsburg was an extreme left Justice in her day but at least she was intelligent and had some integrity, while Sotomayor has neither. (I should qualify this by excluding Jackson who has little record on the Supreme Court yet).
So, it’s still possible that an application could be referred to the full court and benchslap the Second Circuit. But if Sotomayor denies it outright I am not sure there is any recourse until there is a final judgment, months or more later in district court. Then it’s possible to try to do an end run around the 2nd circuit and appeal directly to the Supreme Court, which is very rarely granted but perhaps could in this case. Otherwise 2nd circuit could stall for months or more on the appeal before it gets properly in front of the Supreme Court.
What I am hoping is that some of these issues make it there sooner in parallel circuits to make it bright as day what the national standard really is. Not just on restricted locations but what is coming soon on mag limits, “assault weapons” bans etc.
Acer-m14
20×102mm Vulcan
what is a legal gun owner ??
what is a legal voter ?? they let this one slip .. get it ..
both are a made up terms just like assault weapon ..
the 2A has no mention of legal or not .. just all should have Arms .. deal with it ..
what is a legal voter ?? they let this one slip .. get it ..
both are a made up terms just like assault weapon ..
the 2A has no mention of legal or not .. just all should have Arms .. deal with it ..
(Edited)
Judge Suddaby has just issued a decision against NYS Defendants wherein he called the CCIA a "patently unconstitutional law" (at the bottom of Page 4 of his decision), and granted that 5 of the 6 plaintiffs have standing.
It's not the whole chicken dinner, but better than the alternative. FUCK NYS!
Judge Suddaby has just issued a decision against NYS Defendants wherein he called the CCIA a "patently unconstitutional law" (at the bottom of Page 4 of his decision), and granted that 5 of the 6 plaintiffs have standing.
It's not the whole chicken dinner, but better than the alternative. FUCK NYS!
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camper4lyfe
.308 Win
Cue the 2nd saying "nah"
OK, so the 2nd IS very likely to overrule him. Fine. The sooner the better IMHO. Then, we can get this shit show on the road to SCOTUS sooner rather than later.
no guarantee of that happening. They don't have a very good record of taking 2A cases. In fact they've taken very few (3 maybe?) in the prior many many many years. There is absolutely nothing saying they will take this just because they want to "get back" at the lower courts. I have more to say about it but I won't. I just dont think they're up to it. They like to consider themselves above these things. They dont get ugly or get revenge. They think it ,makes them bigger people to just let it be. My opinion of it.
Free beer tomorrow guys
Saltwater60
.950 JDJ
Correct.
Saltwater60
.950 JDJ
While I agree with you this case is the only one where I can remember it being a 100% slap in the face to the Supreme Court in direct defiance of their order. If the Supreme Court punts this one their Bruen ruling is useless. I suspect they will either take the case or send it back to the lower court for further review. They should take it and define the unanswered questions of timing of what history is and a what sensitive means. Also they need to squash restricted places. Every judge wants to make history and while the Supreme Court does this daily this would be earth shattering.
