Mandate recalled by 2nd Circuit.
Translation: Everything we (2nd Circuit) did after Suddaby is void.
Case returned to jurisdiction of 2nd to be re-litigated in light of Rahimi.
Bottom line: most of CCIA void as per Suddaby's decision. What Suddaby wrote is now operative law (for now).
Stay...
There is a case in which this was part of the conversation. I heard the audio but don't know the name of the case.
It's the guy who wants to open carry on the Utica Ave stop of the A Train. Female attorney.
2nd Circus said that NYC licenses are BG-checked every 2 years and upstate are issued...
https://www.foundationforasaferny.com/updates/nypd-080624-emergency-rule
NYPD 08.06.24 EMERGENCY RULE
On 08.06.24 NYPD issued an emergency rule in regards to the issuance of concealed carry permits, that has made several updates to the way they operate.
The key takeaways are as...
Non-resident carry licenses seem to be untouched, and they added three positives:
1) a non-resident with a license from their home state (for example a NY license, but no MA license) can 'car carry' similar to Illinois if driving through (locked glove box at rest areas),
2) carrying on an...
If anyone is looking for the 2nd Circuit ruling that was vacated by SCOTUS, here it is:
https://www.2ampatriot.com/publications/p/antonyuk-v-chiumento-2d-cir-ruling-12082023
No, it's not the current governing ruling, the listing has not been updated, but the entire 263 pages is at the link, free.
They have to be seen as 'doing something.' So Ghost Guns are next on the list of things to pick on.
Problem is, Hochul and James make a rookie mistake and picked on something definable; a 'lawfully carried self defense handgun.' And so they lost. The GVR was a solid loss for the state, don't...
Attorney General James Announces Ban on Having 'Woody' in New York
NEW YORK - Attorney General James announced a ban on the NRA having "Woody" in New York. In February, a jury found the NRA liable for not managing their Woody and ordered them to pay damages. New Yorkers need to know that we...
OK, well that's good. Judge Suddaby will issue a ruling, however temporary, in Antonyuk's favor, sometime after he gets the status report and prior to the 2nd Circuit decision expiring as per the mandate from SCOTUS.
In the mean time, I can still carry in Home Depot.
I have not looked into it, because the tires do not hit the road with those cases, and I am not getting paid as an attorney. Antonyuk affects our carry rights in real time.
Did you read anything I wrote above? I am not a lawyer, but what I posted was researched and cited using impeccable logic. Hand wringing and blanket statements such as 'we are so screwed' do nothing positive. Know the law and act accordingly.
Read Antonyuk's Petition for Grant of Ceriorari...
EXCERPTS FROM:
PETITION FOR WRIT OF CERTIORARI - FEB 20,2024
ANTONYUK V. JAMES
Page 8 - Key concepts here are 'granting preliminary relief' which means 'we got what we asked for' and in effect 'could I have that back, please.' This is to demonstrate to SCOTUS that if I win, this is what I...
First off, these are the words of one of those pool reporters from a local rag. That's how they write things; they know nothing of the subject, they don't want to know, so they say things like 'did not appear to.'
And the article quotes an un-named and un-credentialed 'spokesperson' (who could...
I was picking on a kid I thought I could beat, but he kicked my ass. His name was Antonyuk.
So I will find another kid to pick on.
That's what that press release screams of.
Notice that the CCIA was not mentioned AT ALL, even in the summary of her accomplishments in the last paragraph.
Biden and Harris are sitting atop a pile of donated money. I suspect they are abandoning the 2024 presidential in favor of fortifying races for the House and Senate, and possibly various upcoming Governor races with that money.
If neither Biden nor Harris are on the 2024 ticket, the donators...
NY is at the end of the road with this, at least for the duration of another hearing and another written decision by the 2nd. That should take about a year.
I really cannot see the 2nd issuing a one-page, no-explanation 'stay' of Judge Suddaby's decision again, that would in effect be vacating...
If he beats Biden in November, he will be #47. If Biden steps down from the job between now and inauguration, which has been discussed, and Harris becomes President even for a day, he will be #48. Doing so has been discussed as one possible plan.
He has no money and only Biden or Harris get to keep the donated money.
It's going to be Harris.
Only question that's left is if Trump will be 45/47 or 45/48.
No, you can carry as if the CCIA was pretty much overturned (See Judge Suddaby's ruling) however when it is put back in place, make sure you are out of the Home Depot parking lot and back onto the main road.
Where they get us is not in the writing of a strong and valid law, they get us in arcane and opaque procedural maneuvering. The order list as shown above is not meant to instruct the 2nd Circuit to take action, it is sort-of a to-do list for SCOTUS to issue what is known as a mandate to the 2nd...
I know. We all are. But that's what it said.
I re-read Rahimi with the above order in mind, all I can find is a clarification of Bruen.
That to disarm someone, the disarmed person must be in a very narrow, definable group, such as someone who has gotten due process and has either been found...
I am not a Constitutional scholar, I could be wrong, but does this vacate everything the 2nd Circuit wrote and reset the case to Judge Suddaby's decision? If so, that would put much of the CCIA on hold and return carry rights back to pre-CCIA for the most part.
Until the 2nd pulled some other...
I have posted previously about my progress in getting non-res licenses across the US. The map was the cumulative effect of all of them. I should have explained that.
The process involves a safety class/brief range time, a long wait for an in-person meeting, and then more waiting. The meeting is in Chelsea, Mass where you are fingerprinted and photographed, and briefly asked if the questions on the app were answered accurately. Unfortunately only good for a...
I realize this topic is several months old, but at of the time of the writing of the above posts, I had my NJ Non-res in hand. I had it since May of 2023. I went to the Sussex NJ State Police Barracks and they put it through in just over 2 months.
I wrote this in case someone was looking for...
As Shelby Foote noted in Ken Burns' civil war documentary, the conflict between the states that we refer to as The Civil War (1860-1865) - that war created a nation in which a conflict such as that is, today, inconceivable. We will never have another civil war like the first one (although the...
I know this topic has been here for a while and you may have already made the trip, but let me answer as well. You have no coverage from FOPA if you go somewhere in a state in which you are unlicensed, go to an event, and return home. In CT that's a crime.
Get the license. If you live in NY...
Arizona is Constitutional carry, as are several of the other states that issue non-resident licenses.
That would include ME, NH, WV, FL, AZ and UT.
However, each of these licenses in Constitutional carry states have reciprocity with some other states, and some arrangements are fairly unique...
Sussex County NJ, northwest corner of the state. Upscale suburban and wooded.
I also now have a West Virginia LTC that I applied for a month ago, picked it up this past weekend.
Requires two trips to Jefferson County, turned the second trip into a mini-vacation to Harpers Ferry.
Green are...
Not really. The Supremacy Clause states:
1) That a Federal law can be stricter than a state law even if the state objects to the level of strictness.
2) That a State law cannot be stricter than Federal law if the feds object to the level of strictness.
3) If a state and federal law are not...
"The U.S. government cannot ban people convicted of non-violent crimes from possessing guns "
Be careful, the decision did no such thing.
Actually the decision specifically stated that the plaintiff Range is to have his 2A rights back, but that the case does not set a precedent in which all...
Epictetus (/ˌɛpɪkˈtiːtəs/;[3] Greek: Ἐπίκτητος, Epíktētos; c. 50 – c. 135 AD) was a Greek Stoic philosopher:
To Epictetus, all external events are beyond our control; we should accept whatever happens calmly and dispassionately. However, individuals are responsible for their own actions, which...
I currently have 10 licenses in my wallet, so every year one or two are up for renewal. This will just be one more every other year.
Besides, I am in my early 60s, so the number of times I will renew the license in my lifetime will not be as many as a younger man.
Next stop, Massachusetts. I...
It is possible to get a New Jersey Permit to Carry a Handgun. No special credentials needed other than being a law-abiding citizen.
No distinction between resident and non-resident. Non-residents apply at the non-toll-road state police station nearest to them.
Qualification is at a private...
Maine handles it well; they have Constitutional carry but a LTC gives you added benefits. For instance, national and state park carry, and not having to inform an officer during a traffic stop. I maintain a Maine license, but do not sweat it if it expires and I do not renew it right away...
The excerpt from my post above that you quoted was from my advice as how to pass through an airport, so I will answer it as such.
Yes, they (Sheriff's deputies at ALB) may reference a New York driver's license as access to your handgun license via computer, so you will be asked to show your...
Here is a map of the effects of having resident licenses in 2 states (legitimately owned residences in each) and non-resident licenses in 8 states. (I just got AZ for the first time, renewed Maine and applied for NJ)
Actual licensed states in green, good-to-go states in blue and no-go (see...