Temporary Restaining Order Issued For Concealed Carry Improvement Act (merged thread)
- Thread starter Glock_USA
- Start date
Yeah, there's a chance.So... You're saying there's a chance! Alright!!
There's also a chance that you and I are clones of James Garfield too, but I wouldn't put more than a nickle on that bet.
GlockModel29
.40 S&W
I'm still trying to find where anyone said they expected a decision on March 20th.....
Saltwater60
20×102mm Vulcan
I don’t think anyone expects a decision on the 20th, well at least they shouldn’t. I’m guessing it will be a few weeks later to make it seem like they care and took time.
Well I DO like lasagna...
Oh, you mean the OTHER Garfield.
But I agree we will likely not have a resolution. Even if it somehow, by some miracle, goes our way, we know the State will only appeal once again, and somehow get yet another rights-infringing stay on the previous decision.
livingston
20×102mm Vulcan
JunkBoxFull
.308 Win
I`m not getting MY hopes up. After-all, it IS the NY government doing what it always does, sh!t on us gun owners.
My timeline prediction:
3/20 hearing will be delayed due to sickness / illness / Covid / power outage / bomb threat / pilots strike / FAA grounding all flights / St. Patty's Day hangovers / Courthouse doors locked and keys lost / Whorecul declares 3/20 a holiday / court reporters strike / natural gas emergency in NYC / or???
Alternate universe timeline:
3/20 hearing occurs. NYS demands extra time to file more contrived BS - 6 months minimum. Plaintiffs file rational, well thought out response within 1 day of NYS BS filing. Court reserves judgement, - for at least 2 years. Dems pack SCOTUS. 2nd Circuit rules against us. Whorecul celebrates. New 99 justice SCOTUS overturns Bruen, Heller, & McDonald. Civil war breaks out. America falls.
I hope to Hell that I am wrong. Somehow, I am not all that confident of a positive outcome for our Constitutional Republic.
3/20 hearing will be delayed due to sickness / illness / Covid / power outage / bomb threat / pilots strike / FAA grounding all flights / St. Patty's Day hangovers / Courthouse doors locked and keys lost / Whorecul declares 3/20 a holiday / court reporters strike / natural gas emergency in NYC / or???
Alternate universe timeline:
3/20 hearing occurs. NYS demands extra time to file more contrived BS - 6 months minimum. Plaintiffs file rational, well thought out response within 1 day of NYS BS filing. Court reserves judgement, - for at least 2 years. Dems pack SCOTUS. 2nd Circuit rules against us. Whorecul celebrates. New 99 justice SCOTUS overturns Bruen, Heller, & McDonald. Civil war breaks out. America falls.
I hope to Hell that I am wrong. Somehow, I am not all that confident of a positive outcome for our Constitutional Republic.
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Deplorable Me
.700 Nitro Express
Shit or get off the pot.
My opinion is roughly a year and a half before its resolved. That includes exhausting all appeals through the 2nd, which will include an en banc panel of more than 3 judges. Appeal to the Supreme by plaintiff's, remanded back, GVR, circus starts over again.
Now that's a helluva prop bet.
Now that's a helluva prop bet.
JunkBoxFull
.308 Win
................and, wait for it......... RAISE OUR TAXES, because they need MORE WAR FUNDS, to fight us NY folks!
EDIT:
And don`t forget to pay your taxes folks, they`re depending on you!
Oh, and if you`re late paying them, those LATE FEE`S goes right in their pockets, too!
Never forget, government NEVER earns money, it only just takes your money!
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maverick52
.223 Rem
Some lawyer on the case predicts 9mos minimus before 2c rules. I say carry and do your thing
Acer-m14
20×102mm Vulcan
case in Florida
"Major Development in the NRA v. Biondi, a three judge panel in the Eleventh Circuit Court of Appeals upheld a Florida statute banning 18-20 year olds from buying firearms"
i know he is geeekie and talks alot .. but this just happened ..
one of the judges says .. poll time .. dealing with the en banc ..
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livingston
20×102mm Vulcan
Mar 13, 2023
Supreme Court 6-3 Decision Up For Immediate Emergency Reconsideration!!! N.Y. Stalls!
In this video I discuss the challenge to New York's concealed carry law which is seeking immediate Supreme Court review.
JunkBoxFull
.308 Win
Even if the SCOTUS hears the case, they`ll just be really nice and sweet and tell them to fix their little tiny mistake.
Shuffle a couple words around, send it out. It`ll keep the delay`s going. Which is exactly their goal.
gunpoliticsny
6.5 Creedmoor
Saltwater60
20×102mm Vulcan
T
This could get real, real fast here. This is a very good sign to me IMO.
Hate to say it, but this will be a nothing burger. The SC has proven time and again it waits for all lower court proceedings to occur. I won't get my hopes up.
Saltwater60
20×102mm Vulcan
They will wait if they can but it seems like they are watching closely and in both this case and our case if they don’t like what they hear they will take the cases up quickly and be favorable for us. Will we get everything we want? Likely no but I’ll bet the liberals will be crying more than we will be.
I personally would love to see the ammo background check go away and I’d buy a celebration case of ammo from TSUSA even though I don’t need anything.
I’m normally the guy that says oh we will get F’d but this feels different to me.
John Stark
.44 mag
The Supremes have been letting states and courts flaunt their rulings on the Second Amendment for 15 freaking years already. Heller was decided in 2008 for God's sake!
There ought to be no extensions given to any state government on this bullshit. The writing has been on the wall since 2008 on how strongly the Second Amendment protects our RKBA, and how little authority the Feds or the States have to squash it. The States have had a decade and a half to sharpen their pencils and write up their twisted and retarded excuses and garbage arguments pertaining to the "poisoned fruit" they have been shoveling with regards to the Second Amendment for the past century.
The delays the Court is allowing smells like nothing more than politics, and indicates to me that the "conservative" majority, once again, has likely gone squishy like they did after for years Heller and McDonald essentially crushed most gun tyranny (at least on paper).
The Court allowed states to fiddle fuck around with our fundamental RKBA post Heller and McDonald far too long, giving the states plenty of wiggle room to pass more egregious laws to suppress our Rights and ignore their rulings and spit in their face. Here we are again looking at years of more bullshit litigation and stonewalling while the Court dithers away our Liberty.
The rulings in Heller, McDonald, Cetano, and Bruen are expansive, very solid, and have teeth, but that means nothing until the Court is willing to allow those rulings to actually BITE and go into effect.
Our own governments, at the local, county, state, and federal level are, in many jurisdictions, trying to harshly restrict, and even ban in large part, the RKBA, and 15 years later the Court can't find the stones to enforce their own rulings that clearly show that these efforts by other branches of government are unconstitutional and a flagrant and egregious affront to Liberty.
How do we pass on this precious Liberty to future generations in these tyrannical states when we can't even buy ammo in this fucking state without a permission slip? How are our Liberty minded RKBA supporters supposed to carry on in the face of withering and detrimental laws that threaten us with arrest and long stretches of incarceration while state authorities curb stomp our RKBA into the gutter?
Like other elites, they expect us to hold our hands on our ass and suffer the consequences while they take their sweet ass time making up their fucking minds. They give themselves the latitude to deal with this tyranny when they feel like it, while the rest of us are supposed to suck it up and grin and bear it.
Its bad government all around, and it tells the up and coming generations that our system of government no longer works for the "average" citizen, showing that the only opinion that matters is that of the elite assholes who think they run everything.
Its shameful and an utter fucking disgrace!
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JunkBoxFull
.308 Win
JunkBoxFull
.308 Win
Saltwater60
20×102mm Vulcan
I’m rolling and I ain’t even dead yet. I’m practicing for when I’m dead and thinks continue to get worse.
livingston
20×102mm Vulcan
Posted by James Nault Tuesday, March 14, 2023 at
Posted by James Nault Tuesday, March 14, 2023 at 07:00am 27 Comments
As we have covered, on June 23, 2022, the U.S. Supreme Court, in a 6-3 opinion authored by Justice Thomas, struck down New York State’s restrictive concealed carry law:
Now that case is on appeal, and even liberal groups such as the Knight First Amendment Institute at Columbia University, Operation Blazing Sword–Pink Pistols, an LGBT Second Amendment advocacy group, the Liberal Gun Club, and others have filed an amicus (friend of the court) brief against the CCIA, as we reported here: Liberal Groups File Court Opposition To NY Gun Control Law Requiring Disclosure Of Social Media Accounts.
Oral argument will be heard in the case at 10:00 a.m. on Monday morning, March 20, 2023 at the Thurgood Marshall United States Courthouse in lower Manhattan.
This is important, because as the New York Sun reports, this is the first comprehensive federal appellate challenge to states’ attempts to work around, or even completely emasculate, the US. Supreme Court’s Bruen ruling: The Second Circuit Prepares To Hear Biggest Gun Cases of the Year:
Especially important as regards this appeal is that the U.S. Supreme Court is typically reluctant to hear Second Amendment cases. Before Bruen, the Court had not heard a gun case since McDonald v. Chicago, 561 U.S. 742, in 2010. So, what the Second Circuit says regarding the CCIA is likely to be the last word, at least for now.
One final point: I interned for Judge Wesley while a law student at Cornell Law School, and he is an incredibly impressive jurist and person. He first sat as a trial-level state judge in 1986, which means he has almost 40 years of experience as a judge. I intend to be in the courtroom for this Monday’s oral argument, and I look forward to reporting back to Legal Insurrection’s loyal Second Amendment readers on how the proceedings progressed and predicting what the eventual outcome of the case, and the CCIA, will be.
Second Circuit to Hear First Comprehensive Post-Bruen Firearms Statute Challenge
On March 20 the Second Circuit U.S. Court of Appeals will hear oral argument in cases challenging New York’s unconstitutional response to the Supreme Court’s Bruen case, which held that there is a constitutional right to keep AND BEAR armsPosted by James Nault Tuesday, March 14, 2023 at 07:00am 27 Comments
As we have covered, on June 23, 2022, the U.S. Supreme Court, in a 6-3 opinion authored by Justice Thomas, struck down New York State’s restrictive concealed carry law:
Now that case is on appeal, and even liberal groups such as the Knight First Amendment Institute at Columbia University, Operation Blazing Sword–Pink Pistols, an LGBT Second Amendment advocacy group, the Liberal Gun Club, and others have filed an amicus (friend of the court) brief against the CCIA, as we reported here: Liberal Groups File Court Opposition To NY Gun Control Law Requiring Disclosure Of Social Media Accounts.
Oral argument will be heard in the case at 10:00 a.m. on Monday morning, March 20, 2023 at the Thurgood Marshall United States Courthouse in lower Manhattan.
This is important, because as the New York Sun reports, this is the first comprehensive federal appellate challenge to states’ attempts to work around, or even completely emasculate, the US. Supreme Court’s Bruen ruling: The Second Circuit Prepares To Hear Biggest Gun Cases of the Year:
The Appellate Judges and the Effect of Their Ruling
The panel who will hear the appeal consists of Circuit Judge Joseph F. Bianco, appointed by President Trump, and Senior Circuit Judges Robert D. Sack, a Clinton appointee, and Richard C. Wesley, appointed by President George W. Bush, and who had been an Associate Judge with the New York Court of Appeals, New York’s highest court, prior to his appointment to the federal appellate bench.Especially important as regards this appeal is that the U.S. Supreme Court is typically reluctant to hear Second Amendment cases. Before Bruen, the Court had not heard a gun case since McDonald v. Chicago, 561 U.S. 742, in 2010. So, what the Second Circuit says regarding the CCIA is likely to be the last word, at least for now.
One final point: I interned for Judge Wesley while a law student at Cornell Law School, and he is an incredibly impressive jurist and person. He first sat as a trial-level state judge in 1986, which means he has almost 40 years of experience as a judge. I intend to be in the courtroom for this Monday’s oral argument, and I look forward to reporting back to Legal Insurrection’s loyal Second Amendment readers on how the proceedings progressed and predicting what the eventual outcome of the case, and the CCIA, will be.
- .https://legalinsurrection.com/2023/03/second-circuit-to-hear-first-comprehensive-post-bruen-firearms-statute-challenge/
Saltwater60
20×102mm Vulcan
Monday will be here before we know it.
My thoughts this morning too! Exactly!
Saltwater60
20×102mm Vulcan
Sure will be interesting.
arp228
.38 Special
Will be interesting to see what happens in Jersey tomorrow as Judge Bumb is holding hearings on the TRO she issued regarding the restricted places and many of the same sensitive places
Saltwater60
20×102mm Vulcan
The second circuit court is arguably the most liberal in the nation so it’s right and I’m sure you are as well. The only one that’s close is the 9th in California but I think ours is worse.