Search results

Judge Kenneth M. Karas (Bush43) assigned to this case (Lane v. James) I'm glad it isn't an Obama or Biden appointee, however Bush43 doesn't exactly have the best lineup of judicial appointments among Republicans.

Which section covers the mag ban? I must have missed it.

Justice Sotomayor is the justice assigned to take emergency applications from the Second Circuit. GOA doesn't have a choice in who the application goes to.

Antonyuk v. Nigrelli update: Plaintiffs have made an emergency application for immediate administrative relief and to vacate stay of preliminary injunction issued by the United States Court of Appeals for the Second Circuit This will go to Justice Sotomayor who will either decide on her own...

Christian v. Nigrelli update. The remaining portions of the lawsuit that the court has not acted on (a few sensitive locations) have been stayed pending resolution of the Antonyuk appeal. Not surprising but still disappointing. From judge Sinatra who has been our MVP so far.

CourtListener doesn't have it as the stay hasn't yet made its way to the district court's docket. For whatever reason I'm unable to get CourtListener to sync with the Second Circuit Court of Appeals docket. @2Aupdates on Twitter has the order. Edit: here is a link to the tweet with the order.

Updated spreadsheet with the Christian v. Nigrelli stay.

This is interesting. Hopefully when SCOTUS decides that case the opinion leans on 1791 being the correct time to interpret the meaning of the constitution as applied to the states (as is being suggested by the attorney in that clip), rather than 1868 when the 14th amendment was ratified. Justice...

This is my attempt, use with discretion and make your own decisions. Any constructive feedback is welcome.

I have a document outlining everything. I'll post it once I can verify that there isn't info that could dox me in the pdf metadata.

It could possibly take a month or more. I would guess 2 weeks. My track record is pretty bad so you're best off ignoring my guesses.

Bad. How bad will depend on the reason for the denial which we will know when the court publishes the written decision.

TRO and Preliminary Injunction denied.

Carrying in churches is still good to go. This doesn't stay the injunction in Hardaway v. Nigrelli (or in Christian v. Nigrelli). It only pauses proceedings in NYSRPA v. Nigrelli until the appeal of the preliminary injunction in Antonyk v. Hochul is resolved.

Not surprising and incredibly frustrating. I just want to take care of my family and live a quiet and peaceful life.

Doubtful this is the case. His court (US District Court for the Northern District of New York) would likely not have jurisdiction for a plaintiff living in NYC.

Antonyuk and other GOA members --> Plaintiff-Appellee Hochul and other parties who are appealing --> Defendant-Appellant Fitzpatrick and other parties who are not appealing --> Defendant

The temporary stay was issued by Circuit Judge Eunice C. Lee, a Biden appointee. Hopefully we draw a favorable 3-judge panel.

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.

I love this compliance mechanism. This is great for our friends in California, it is sure to anger their police and DAs. Unfortunately it wouldn't work here in New York for compliance. To avoid the "assault weapon" definition in California the rifle only needs to have a fixed magazine, in New...

GOA's response in opposition to the state's motion for a stay pending appeal and an administrative stay pending resolution of the motion.

The state has filed their motion for emergency interim stay of temporary restraining order, and stay of order pending appeal in the Second Circuit Court of Appeals.

What is the concensus opinion of when the TRO takes effect (if not reversed on appeal)? The TRO is "stayed for three business days." Does today count as one of the days? Does Monday (Columbus Day) count as one of the days? Depending on what counts the TRO could beign to take effect anywhere from...

I believe it does. I plan to have my pastor or elders write me a letter so I have evidence if it ever comes down to it.

Partial TRO, does not take effect for 3 business days to give time for the state to appeal.

This isn't anything to worry about. Courts and judges have specific requirements for how documents are filed, summons are issued, and motions are made. When any of these are done incorrectly the court rejects it and instructs how to fix and try again. I see this kind of thing in most of the...

Nothing as of 9/30 1:42pm

Correct. This is only for the TRO.

The judge did not decide on the TRO at the hearing today. He will issue a written decision later. I expect it tomorrow or Monday, but it could come at any time.

UPDATE: The judge reserves decision on a TRO. A written decision will be forthcoming.

New case filed in SDNY today. Goldstein v. Hochul. This is a challenge to the "place of worship or religious observation" sensitive location ban. Link to complaint Link to docket via CourtListener

This is my non-lawyer understanding. I have done a lot of reading of free resources available online from a few different law schools so I can understand what is going on, but my understanding certainly falls short of a legitimate law degree. Background: This case comes from GOA after their...

There will be oral arguments for plaintiff's motion for a TRO in Antonyuk v. Bruen Antonyuk v. Hochul today. This lawsuit is much more broad than Boron/Christian v. Bruen. Edit: accidentally used the case name of the old case...

No reason given at all from FPC as usual...

A motion for preliminary injunction has been filed in Boron v. Bruen. This lawsuit challenges the public parks and public transportation sensitive area prohibitions and the private property restricted area by default prohibition. We can expect for the state to file a response in opposition and...

John Boron is no longer a plaintiff in Boron v. Bruen, which will now be Christian v. Bruen. This case is now down to a single individual plaintiff along with FPC and SAF.

Is anyone going to the hearing tomorrow? If so I would love to hear any comments, thoughts, or opinions about what happens. Unfortunately my work schedule prohibits me from going this time.

No, but a temporary restraining order (TRO) could come as early as next Friday Thursday. If we get the TRO it would prohibit enforcement of any of the challenged laws that the court includes in the TRO. The TRO would likely be set to expire at the time in which the court has had an opportunity...

You may be thinking of NYSRPA v. Bruen II. That case was assigned to Judge Suddaby per plaintiff's claim of the case being related to Antonyuk v. Bruen. The court rejected that claim and the case was assigned randomly to a different judge.

Order from the court: TEXT ORDER denying 6 Plaintiffs' application for an Order to Show Cause as unsupported by the affidavit required by Local Rule 7.1(e) of the Local Rules of Practice for this Court, and reserving decision on 6 Plaintiffs' motion for a temporary restraining order and 6 their...

I take a more optimistic view. I give the TRO a 25% chance of happening. When a court considers a TRO they take into consideration more than just the merits of the case. This works against us, but when we eventually get to a final decision the merits are all the court takes into consideration. I...

A motion for TRO and preliminary or permanent injunction has been filed. The court can issue a TRO ex parte (without the defendant having a chance to respond). So that could happen at any time. If granted that TRO would likely stay the challenged parts of the laws until a hearing could be had...

Hummel is a magistrate judge. Magistrate judges cannot hear civil cases unless both parties consent to it. I would imagine GOA is happy to keep Judge Suddaby in light of the legal dictum he offered in Antonyuk v. Bruen. For the curious, read about the difference between Article 3 judges and...

It looks like there will likely be a motion for either TRO, preliminary injunction, or permanent injunction coming today. I'm not sure this would qualify for a TRO as it wouldn't be necessary to preserve the status quo because the law is already in effect, but I'm no lawyer and would love...

Antonyuk v. Hochul filed in NDNY yesterday. It looks like GOA is back at it with more plaintiffs and hopefully better arguments for standing. https://www.courtlistener.com/docket/65364032/antonyuk-v-hochul/

Vanchoff v. James voluntarily dismissed by FPC. No press release or statement saying why. https://storage.courtlistener.com/recap/gov.uscourts.nyed.482488/gov.uscourts.nyed.482488.33.0_1.pdf

It's slightly annoying that they didn't publish the complaint. I guess they want us to wait a day or two until it is available on PACER.

Haha that makes sense. That's me. I am one such individual on the nyguns subreddit that follows PACER.

Anyone else racking up PACER charges today? $0.10 per docket query. It's really dumb that there are charges for public access to court records. At least they wave the fees if you charge a small enough amount per quarter.

This is appreciated. Thanks for the support. My concern is of the few posts that jumped to conclusions that went beyond what my post can support. I don't like that something I posted started a discussion that lead to possible misinformation even with what I posted as disclaimed being my true...