Nys gun lawsuit

[Saltwater60]

i saw this and thought I’d post it here. Anyone know anything about it.

Click here to support N.Y. Unlawful Gun Law, Challenge organized by David Mongielo

 

[SomeSoldier]

 

[fartgamer]

$$$$ incoming...........NOT!

 

[dubleuhb]

Guy is from Lockport, business owner. I use his shop, seems like a good guy.
Other than that I know nothing about this.
He had had some other legal battles with the town on signage at his shop. I think he might have run for office there before.
He may have been involved in another 2A lawsuit, I don't remember which, I'll try to find it.

 

[GOPerfect]

So what exactly is this guys story?

And why the hell does everyone need a go fund me account these days?

 

[dubleuhb]

Google his name.

 

[GOPerfect]

So, this is not a second amendment thing? It's a sign thing? Okay, I don't care.

 

[dubleuhb]

So, this is not a second amendment thing? It's a sign thing? Okay, I don't care.

No, not a sign thing, that was years ago.

 

[dubleuhb]

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N.Y. Unlawful Gun Law, Challenge

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David Mongielo

Community LOCKPORT, NY

Help Challenge N.Y. Gun Control law in the U. S. Court of Appeals.

The 1911 N.Y. Sullivan gun control act was written to protect the N.Y.C mob.

The father of New York gun control was “Big Tim “Sullivan — a state senator and Tammany Hall crook, a criminal mobster overseer of the gangs ... Meanwhile, savor the irony of an edict written by a corrupt politician to save his bad guys from the electric chair's was used against law-abiding citizens, basically taking guns away from honest business owners stopping them from shooting the criminals that wanted to collect protection fees.


Story link

https://nypost.com/2012/01/16/the-strange-birth-of-nys-gun-laws/

Story link

Tim Sullivan – The mobster and perfect Tammany Hall politician

Everybody talks about the Second Amendment’s right to bear arms but nobody DOES anything about it.

Rallies, speeches, yelling at the TV and calling in to talk radio accomplish nothing. We need less talk and more action.

The Libertarian Party of Erie County and nine brave citizens decided to get off the couch and actually do something. They sued Governor Cuomo and New York Attorney General Eric Schneiderman to have the New York Pistol Permit Law, one of the nation’s oldest gun-owner control laws, declared unconstitutional under Heller and McDonald. Libertarian Party of Erie County et al v. Cuomo et al, Case Number: 1:15-cv-00654, WDNY.
As we anticipated, a Federal Judge in Rochester dismissed the suit but an appeal has been filed to the United States Court of Appeals for the Second Circuit and we intend to take the fight all the way to the Supreme Court which now has a new pro-Second Amendment justice, Neil Gorsuch. Here is a link to the decision dismissing the lawsuit.DECISION AND ORDER: For the reasons stated, Defendants' 25 Motion to Dismiss is GRANTED and Plaintiffs' 17 Amended Complaint is DISMISSED for Libertarian Party of Erie County et al v. Cuomo et al :: Justia Dockets & Filings

The appeal is being handled by long-time Second Amendment lawyer and constitutional expert James Ostrowski, who writes legal briefs in plain English and is not afraid to educate judges about the true purpose of the Second Amendment, to deter government tyranny!

Please help raise the funds for this appeal. We also urge you to attend a rally on the steps of Foley Square the day the appeal is heard (date to be announced). The government, using our taxes, has unlimited legal resources to use to destroy our rights. Our own legal budget is just $5,000. Please donate today.

This is a historical moment to take a bold step toward having this unconstitutional law ultimately reviewed by Trump-appointee Neil Gorsuch, Second Amendment hero Clarence Thomas and the other conservatives on the Supreme Court.

Please act now and send a small donation to the plaintiffs in this lawsuit and keep in mind, they are fighting for all us!

Thank You.

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[dubleuhb]

I remember the original suit, looks like this is for the appeal. Pissing in the wind IMO.

 

[GOPerfect]

Mongielo collects $40,000 in suit over use of excessive force by City of Lockport police officer
Is this it?

 

[GOPerfect]

Mongielo settles suit with South Lockport fire company


Or maybe this lawsuit?

 

[GOPerfect]

Sounds like a piece of crap.

 

[Grimscale]

1) State Court will shoot it down
2) State Appeals Court will shoot it down
3) State Supreme Court will shoot it down
4) U.S. Supreme Court will decline to hear it, thus shooting it down


And they claim WE, as Law-abiding gun owners, do a lot of shooting?

Again I ask, "how many boxes left?"

 

[Robin]

Sounds like a piece of crap.

Nah, he's probably one of those ignorant fools that read, believes in and lives by the 'Constitution of The United States of America'. But then, it is possible too, at the same time, be a piece of crap. I mean I met a liberal progressive once that all in all was a good guy, wrong headed about a lot of things but at the same time a good guy.
Robin

 

[GOPerfect]

Nah, he's probably one of those ignorant fools that read, believes in and lives by the 'Constitution of The United States of America'. But then, it is possible too, at the same time, be a piece of crap. I mean I met a liberal progressive once that all in all was a good guy, wrong headed about a lot of things but at the same time a good guy.
Robin

I see a man that is sue happy. These are only two lawsuits that he has filed, and received money from. Now he sets up a GOFUNDME account begging for more money so he can sue some more.

Whatever, go ahead and support him; me, I'll pass.

 

[Robin]

I'm all supported out. He's on his own as far as my pocket book goes. I'm waiting for the real deal.
Robin

 

[Mosinitis]

Lawsuits are pointless. We don't have a Justice system that believes in the Constitution.
Supreme Court just refused to hear another 2nd amendment case. California 10-day waiting period. They waited till mass shooting to render this decision.
It doesn't matter who sits on the Court, neither political party wants it to uphold the 2nd amendment.
Didn't I say this hundred or so times.

 

[Jim Ostrowski]

I came across this thread and thought I should respond. This case has dragged through the courts for reasons beyond our control but its genesis was my firm belief that the pistol permit law was unconstitutional under Heller. The first group of plaintiffs chose not to pursue the lawsuit after they found out that another group had challenged the law. That case was Kalchalsky. But I later found out that Kalchalsky only challenged the carrier permit issue while I believed the whole statute was flawed and planned many different legal challenges.

This is a public interest lawsuit like the "Pork Lawsuit" of years past. Pork lawsuit dismissed These cases are crowd-funded or they cannot be filed at all. No one expects to make money off of them and they are filed and supported by sincere activists, not for pecuniary gain as the thread seems to imply. They are also not lucrative for the lawyer involved, which, given the sad state of the legal profession, more of than not turns out to be me. Lucky me!

These cases involve a great deal of time and effort but very little money. For example, on this very case, I spent about five hours on the case yesterday but have yet to receive dollar one for the appeal as the money collected so far went straight to the court for absurdly high filing fee of $500.

However, an appeal to the Second Circuit involves a great deal of work and I have bills to pay like everyone else does. So, these cases are crowd-funded or they do not exist at all.

None of us are any under illusions about the courts or our chances of winning in the Second Circuit. (There is some chance of getting into the Supreme Court though.) In fact, I am a critic of constitutionalism for reasons explained in my book, Progressivism: A Primer. I use the Pork Lawsuit as an example of how courts ignore the plain language of the law when it suits them.

Nevertheless, lawsuits are one of the tools we should use in the fight to preserve the right to bear arms. They force courts to either agree with us, or admit they are refusing to enforce the plain words of constitution. That in itself is a victory as so many are deluded by constitutionalism that other viable strategies are ignored to our detriment.

Lawsuits are also a great chance to educate people including the judges themselves. That's why my briefs are written in plain English and posted on the web. Even Second Amendment people fail to communicate the true purposes of the Second Amendment and rather talk about hunting and crime. How are the judges supposed to know unless we tell them. Other Second Amendment lawyers too often write dull, uninspiring and technical briefs. I'm a writer and author of five books. I don't. This case offers the possibility of having a major event at Foley Square the day of argument. Imagine a gun rally in downtown Manhattan. Too good to be true but it WILL happen. We also hope to fill the courtroom with activists.

Court action is just one small part of a larger strategic vision. Frankly, what we have done so far, put up signs, have rallies in Albany and blather about registering more hunters to vote, has failed. For that reason, I am hosting a town hall meeting probably around Batavia in March, date to be announced. I will have much, much more to say about strategy.

As for donating, feel free not to. It's your money. But perhaps people should not trash a sincere and well-thought out project by sincere activists when they really don’t know much about it. Just a thought.

I leave you with his old article, pre-Heller!!! It shows you where I am coming from on the issue.

The Why of Gun Ownership

Jim Ostrowski
Atty. Buffalo

 

[togmaster]

Thank you for the post Jim. I appreciate your efforts.

 

[RBean]

I read the opinion and it looks like the judge did everything he could to find the unconstitutional law "constitutional". He knows the Second Circuit will not reverse and the Supreme Court will not accept a Second Amendment case. We have filed our Motion for Summary Judgment in Cusumano in the Eastern District, but I expect the same result.

Robert Bean
Atty, Brooklyn

 

[VietnamEraVet]

Jim,

We've known each other going back to "Paula" days in the 80's. I appreciate all that you are doing, and situation permitting in the future, I will contribute to the cause. Please, - keep up the fight. We need you!

 

[Jim Ostrowski]

Thanks! A little bit about my policy on these matters. I hate wasting people's money. On the Pork Lawsuit, we won 5-0 in the Appellate Division. I thought I won the oral argument in the Court of Appeals and was ready to file more suits if we won there. When we lost 5-2 with blistering dissents, I chose not to pursue any further corp welfare cases. I have now litigated about 7-8 2nd Amendment cases. I have one cert petition pending in the Supreme Court and this case. After that, UNLESS WE WIN, I'm done as, again, I refuse to waste people's money after a good try has been made. BTW, here's the oral argument in the Pork Lawsuit.

 

[Jim Ostrowski]

BTW, a lot of the corruption and corruption trials grow out of that 5-2 tossing aside of the constitutional ban on corporate subsidies.

 

[Jim Ostrowski]

That case was funded by 50 people putting up 100 dollars. Take a look at the defendants' lawyers, the State AG and three huge corporate firms including Cravath!

 

[JosERW]

Thanks Jim. Any insight onto why or how we can get the Supreme Court to stop ignoring 2A cases? Is it possible Trump puts some more judges on the 2CA before you get there? It just seems like such a sham. I mean, shall not be infringed has come to mean nothing.

 

[Jim Ostrowski]

Thanks Jim. Any insight onto why or how we can get the Supreme Court to stop ignoring 2A cases? Is it possible Trump puts some more judges on the 2CA before you get there? It just seems like such a sham. I mean, shall not be infringed has come to mean nothing.

No easy answers but they will take one of these cases, just a matter of time.

 

[JosERW]

I hope your right (depending on who is on the court). Kolbe was a SLAM DUNK and they let that abomination of a ruling stand. If they rule against this interest balancing intermediate scrutiny nonsense can we refile old cases?

 

[Marine Cpl]

How much has the NRA donated? Are they helping out with their legal team?

 

[96coal449]

Shame on you. You should know we are beyond help.