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

[maverick52]

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.

They’ll just remand the case back to the second circuit and tell them to rule accordingly to Bruen.

 

[ManualF150]

At this point, I'm [not] surprised that nothing has come about where possibly a group of judges haven't stepped in and said "enough is enough" you need to follow the law (Bruen) and quit wasting these courts time punting it back and forth.

There are 25 other states that don't require permits... what about all them judges and high uppy people... just saying.

This nonsense has been like "hot potato" ever since the CCIA was instituted.

 

[Saltwater60]

At this point, I'm [not] surprised that nothing has come about where possibly a group of judges haven't stepped in and said "enough is enough" you need to follow the law (Bruen) and quit wasting these courts time punting it back and forth.

There are 25 other states that don't require permits... what about all them judges and high uppy people... just saying.

This nonsense has been like "hot potato" ever since the CCIA was instituted.

Instead we’re the testing ground and as time goes on more and more places are passing these laws as well.

 

[nortatoga]

At this point, I'm [not] surprised that nothing has come about where possibly a group of judges haven't stepped in and said "enough is enough" you need to follow the law (Bruen) and quit wasting these courts time punting it back and forth.

There are 25 other states that don't require permits... what about all them judges and high uppy people... just saying.

This nonsense has been like "hot potato" ever since the CCIA was instituted.

The Courts (Judges) had nothing to do with permit-less carry in the 25 States, these new laws were passed by State Legislators and signed by the Governor of each State!

 

[Gonzobird]

So what does this mean?

this just allows the case to move forward?

 

[Far king]

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.

Seems like the 2nd circuit has more respect for the tyrants of NYS than
They do for SCOTUS.

 

[Saltwater60]

So what does this mean?

this just allows the case to move forward?

Essentially the way I understand it is Suddaby has already said it is unconstitutional and the only issue applying it to is or striking it down was that no one in NYS had standing to bring suit against the CCIA. Now that it’s determined we have standing the law should be tossed by Suddaby, at least most parts that have been discussed here.

 

[Acer-m14]

 

[VietnamEraVet]

Annnnnd, of course, this morning, the 2nd granted a temporary stay of Judge Suddaby's Preliminary Injunction granted on 11/7/22. Aarrgh...

https://storage.courtlistener.com/recap/gov.uscourts.nynd.134829/gov.uscourts.nynd.134829.86.0.pdf

 

[Glock_USA]

Annnnnd, of course, this morning, the 2nd granted a temporary stay of Judge Suddaby's Preliminary Injunction granted on 11/7/22. Aarrgh...

https://storage.courtlistener.com/recap/gov.uscourts.nynd.134829/gov.uscourts.nynd.134829.86.0.pdf

Old news. Happened days ago.

 

[VietnamEraVet]

Old news. Happened days ago.

11/15/2022. OK then, I must have missed a post about it here.

What I would like to know, is where does this shit show go from here? Am I correct that Judge Suddaby still has to write a final decision in his court? Which will then get appealed to the 3 judge panel of the 2nd Circuit? And when we lose that, then we get get to appeal to a full 2nd Circuit En Banc panel? And then, and ONLY then, do we get to appeal to SCOTUS for them to take the case?

At that rate, I expect the balance of SCOTUS to be changed due to the death of one or more members of the current majority, - or the court having been packed by Congress and our fraudulent, corrupt, grifter, asshole president who is a cross between Howdy Doody, the Scarecrow (think The Wizard of Oz), and the Chucky doll (serial killer, based on actual killer Charles Lee Ray), with his earpiece and his daily talking list program guide of what to say and do, and where to go...

In the meantime, I owe, I owe, so off to work I go. How many years will we have to endure this crap before it "hopefully" gets overturned? And then we can endure the next round of bullshit infringing laws. Ugh. No, scratch the Ugh. It's FUCK, FUCK, FUCK ad infinitum.

 

[Truebeliever]

11/15/2022. OK then, I must have missed a post about it here.

What I would like to know, is where does this shit show go from here? Am I correct that Judge Suddaby still has to write a final decision in his court? Which will then get appealed to the 3 judge panel of the 2nd Circuit? And when we lose that, then we get get to appeal to a full 2nd Circuit En Banc panel? And then, and ONLY then, do we get to appeal to SCOTUS for them to take the case?

At that rate, I expect the balance of SCOTUS to be changed due to the death of one or more members of the current majority, - or the court having been packed by Congress and our fraudulent, corrupt, grifter, asshole president who is a cross between Howdy Doody, the Scarecrow (think The Wizard of Oz), and the Chucky doll (serial killer, based on actual killer Charles Lee Ray), with his earpiece and his daily talking list program guide of what to say and do, and where to go...

In the meantime, I owe, I owe, so off to work I go. How many years will we have to endure this crap before it "hopefully" gets overturned? And then we can endure the next round of bullshit infringing laws. Ugh. No, scratch the Ugh. It's FUCK, FUCK, FUCK ad infinitum.

I have a little more faith in the 2nd circuit that they will strike down parts of the law like social media . It’s the sensitive and restricted places I’m worried about.

 

[Saltwater60]

11/15/2022. OK then, I must have missed a post about it here.

What I would like to know, is where does this shit show go from here? Am I correct that Judge Suddaby still has to write a final decision in his court? Which will then get appealed to the 3 judge panel of the 2nd Circuit? And when we lose that, then we get get to appeal to a full 2nd Circuit En Banc panel? And then, and ONLY then, do we get to appeal to SCOTUS for them to take the case?

At that rate, I expect the balance of SCOTUS to be changed due to the death of one or more members of the current majority, - or the court having been packed by Congress and our fraudulent, corrupt, grifter, asshole president who is a cross between Howdy Doody, the Scarecrow (think The Wizard of Oz), and the Chucky doll (serial killer, based on actual killer Charles Lee Ray), with his earpiece and his daily talking list program guide of what to say and do, and where to go...

In the meantime, I owe, I owe, so off to work I go. How many years will we have to endure this crap before it "hopefully" gets overturned? And then we can endure the next round of bullshit infringing laws. Ugh. No, scratch the Ugh. It's FUCK, FUCK, FUCK ad infinitum.

That’s the way I understand it as well. I’m no expert either.

 

[Saltwater60]

I have a little more faith in the 2nd circuit that they will strike down parts of the law like social media . It’s the sensitive and restricted places I’m worried about.

I have next to no faith in the second Circuit court to do much of anything for us. Maybe I’ll be surprised and they will toss us a bone to try to prevent it from going to the Supreme Court. I could see them saying those filing the suit lack standing in many areas of the suit.

 

[FrankenCub]

I hate to feel vindicated in this instance but I had a feeling from the start that Bruen wasn't a win for us.
Until SCOTUS has arrest powers they are willing to use nothing will change for NY.

 

[ManualF150]

I hate to feel vindicated in this instance but I had a feeling from the start that Bruen wasn't a win for us.
Until SCOTUS has arrest powers they are willing to use nothing will change for NY.

I'll sum it up even further...

Bruen made it worse for us.

 

[Truebeliever]

I'll sum it up even further...

Bruen made it worse for us.

It’s temporary.

 

[Glock_USA]

I hate to feel vindicated in this instance but I had a feeling from the start that Bruen wasn't a win for us.
Until SCOTUS has arrest powers they are willing to use nothing will change for NY.

They should have just left everything alone. Sad to say but true.

 

[redtail]

All the negative waves. Wow.
Now Bruen is a detriment? Get a grip.

You can always vote with your feet, if right now is the imperative. Complaining changes nothing.
Sheesh.

 

[FrankenCub]

Honestly kinda reminds me of the Peanuts, when we get close to the goal that little bitch yanks it away. Courts are playing monkey in the middle with Bruen and not a damn thing we can do. Best case it gets sent back to SCOTUS, if they decide to take it back they'll shake their fingers at lower courts and governor and maybe some stern words. Tge day after will look just like today, except maybe a few more new dreamed up restrictions tossed on top and another fuck you to SCOTUS.

Unless SCOTUS had arrest powers they'd have the balls to use, Nothing Will Change!!

 

[kev74]

This is what winning feels like.

Imagine being the first little black kid admitted to an integrated school after Brown vs Board of Ed. We're the little black kid. We won, we got what we wanted, but they're not going to make it easy and the fight isn't over.

 

[Saltwater60]

It’s temporary.

Hopefully. Until they get rid of red flag laws they will pluck us off one by one.

 

[Saltwater60]

All the negative waves. Wow.
Now Bruen is a detriment? Get a grip.

You can always vote with your feet, if right now is the imperative. Complaining changes nothing.
Sheesh.

So far it has been. Who says NYS will abide by the new scotus ruling? Who says they won’t find other ways outside of Bruen because they will. They have our money and many others to use against us. This will never end.

 

[Saltwater60]

This is what winning feels like.

Imagine being the first little black kid admitted to an integrated school after Brown vs Board of Ed. We're the little black kid. We won, we got what we wanted, but they're not going to make it easy and the fight isn't over.

It will never be over. We will fight this for the rest of our days so get used to it.

 

[camper4lyfe]

This is what winning feels like.

Imagine being the first little black kid admitted to an integrated school after Brown vs Board of Ed. We're the little black kid. We won, we got what we wanted, but they're not going to make it easy and the fight isn't over.

When can we get our reparations?

 

[kev74]

When can we get our reparations?

Tomorrow.

 

[FrankenCub]

Hopefully. Until they get rid of red flag laws they will pluck us off one by one.

I know someone who got into a verbal argument with someone else last week. They weren't enev near each other. They guy left and spun a tire leaving. He was arrested a couple hours later. Tuesday night NYSP showed up to take possession of his pistol.
This was just a verbal argument over the other party staying off his parents property, no threats were made.

 

[Glock_USA]

I know someone who got into a verbal argument with someone else last week. They weren't enev near each other. They guy left and spun a tire leaving. He was arrested a couple hours later. Tuesday night NYSP showed up to take possession of his pistol.
This was just a verbal argument over the other party staying off his parents property, no threats were made.

Tire spinning in the 1st degree. That's a felony in this state, now stick em up!

 

[VietnamEraVet]

I know someone who got into a verbal argument with someone else last week. They weren't enev near each other. They guy left and spun a tire leaving. He was arrested a couple hours later. Tuesday night NYSP showed up to take possession of his pistol.
This was just a verbal argument over the other party staying off his parents property, no threats were made.

If his experience ends up being anything like mine in 2014, he will be lucky to get his CCW Permit and his firearm back in under 6 months.

 

[FrankenCub]

If his experience ends up being anything like mine in 2014, he will be lucky to get his CCW Permit and his firearm back in under 6 months.

I'm sure they had to dig for some reason to get his pistol. He had it when he was arrested. They had no issue with it and he didn't give them a bunch of bullshit. They gave it back to him after they did their thing and he went back to work.
I'm sure he'll lawyer up.