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Think you so much for the help. I'm not much on generating publicity. Is there anyone on here that is? Can we get more exposure? Legally the case is simple. There either is or there is not a right to possess a pistol in the home. There is not much room to split hairs and find a way around...

We are getting ready to appeal decisions that hold there is "no right to possess a pistol" even in the home. This is totally contrary to Heller. This is to the benefit of all gun owners in NY. But we will need financial help. Can you folks please help spread to word. There is a link to the...

We got a decision on the Carroll case. If you will recall, this is a case where Carroll called the police to report a stolen gun, and they came and stole the rest of his guns. This case involved long guns only. The court found that the County's policies and lack of a "prompt post deprivation...

I'm afraid that the case might be dismissed now that the State has passed a law that a licensed pistol owner may actually transport his gun out of NYC if it is in a locked case with ammo in a separate locked case and totally useless for self defense. I don't know why they didn't put in a claim...

We finally got a decision on the Weinstein case. If you will recall, the plaintiff is a former FDNY paramedic injured on 9-11. He wife called the cops and said he threatened son with a gun. He didn't, no arrest or order of protection. Cops took all his guns and kept them until after we filed...

Just as I thought. Cats have more rights than we do. You can't disarm the cat, after all the cats use their claws for obtaining food, offense and self defense. Same thing people use guns for, except it is ok to "declaw" people (but only if you don't have a criminal record). Remember in NY its...

Hello Celt. Never invite a lawyer to talk/write. But since you invited me to, here is what I think: Obviously Judges in New York bend over backwards to avoid enforcing the 2nd Amendment. An example of that is the Magistrate's recommendation denying Napolitaino's motion for a preliminary...

If people are allowed to defend themselves, muggers etc will not be able to work. They will have to go on welfair or unemployment. This is a cost saving measure. When they make it illegal to carry a "taser" outside the home or you have to get a permit to do so, that makes it even more likely...

He says "Law enforcement officials have discretion to deny carry licenses to applicants with a history of violence." Yes they do, and they consider breathing to be violence. So if you have ever, do now or ever will breath, you don't get a license. We all know that no body get a carry license...

My take is that if the Supreme Court (at least some of the Justices) did not intend to overturn this law, they never would have taken the case. So I think we win. The question is by how much. NYC can't control activities out side the city. That is beyond their jurisdiction. They use the...

The civil rights act under which we have sued allows for recovery of attorneys fees and cost if we win. That is one reason the case will continue.

An update on Napolitano. In order to be able to appeal the case we had to file our objection to the Recommendation with the District Judge. A copy is attached. Even the 2nd Cir. recognizes that you have a right to possess a handgun in the home, even stated that it is "core of 2nd Amendment...

CNN, MSNBC, the Demos won't change. They won't accept this report anymore than they accept the election of Trump. Total liars, socialist and communist dedicated to the destruction of our bill of rights and this country.

Well, I'm surprised and glad there was a finding of no collusion. No obstruction either. Won't make any difference to the Dems, but maybe this will convince some "independents" what total liars and screwball extremests the Demos are. Keep in mind this was an "investigation" staffed by some 20...

I read the opinion. For those of us who must spend any time in NYC it is time to order a Taser Pulse before they become so heavily regulated that as a practical matter they are illegal. (pistol in NYC). Only one shot, but that is better than just giving them the finger.

I moved to Florida to get away all this crap. When the idiots in Florida voted her in I knew it would be trouble. She knows absolutely nothing about agriculture. The only reason she ran was to F----- up the CCW system. I tried to tell myself there was a limited amount she could do, cant'...

I can't believe some of you complaining about Trump because you don't get 100% of what you want. Would you rather have Clinton nominating judges, pushing gun control, forcing the ATF to extremes etc.? Not perfect but far better than the alternative.

You are correct that it is an uphill battle in NY. In the Napolitano case the magistrate in USEDNY said we can't get our injunction against the Nassau County Police Department because "In New York there is no right to possess a handgun in your home for defense." Funny how the Heller case was...

Different situation. Congress passed a law(s) re immigration and legal/illegal entry. As President Trump has the duty of executing the laws passed by Congress. So the border wall is just part of that execution, just like the border patrol. There is no statute backing up Polosi. And that pesky...

Report on the Napolitano case. This is the man who had his pistol license suspended and then prohibited possession of long guns because his pistol license was suspended. An Order of Protection was vacated but Nassau police keep the prohibitions in place. Then he had multiple threats to his life...

Basically we don't know how the Court is going to treat this. It could take an expansive view, require strict scrutiny of gun laws etc. Or I could easily produce a very narrow decision. On commerce clause or a just plan ultra vires act. What is the city doing? Using the unlimited discretion of...

This is all BS. The Republicans had a chance to pass this and didn't. Now they introduce a bill they know is going nowhere. Just like the Demos passing bill to reopen govt knowing Senate will not pass and Trump will not sign. All BS, BS.

I read the entire Decision and Order and cannot see how this exact reasoning does not apply to semi-auto rifles. You can have nunchucks but not an AR-15. But ARs are not "banned" just "regulated." But if you don't already own one in NY it is banned, at least for you. ARs are commonly possessed...

In my law practice I look up all kind of weird s____ re some of my cases. Not personal but for business reasons. How is that not "attorney work product" in litigation and therefore privileged? What if you are a parent and you are checking into what your kids might be into? What if you are...

The "Red Flag Law," as bad as it is, has at least some built in "due process." Respondent is entitled to a hearing before a Judge. A lot more "due process" than the Nassau County Police Department policy, which is they can take all of anyones guns when ever they like, for as long as they like...

The DA's, Cops etc can all be jailed by the Federal Court for contempt of court in enforcing a law held unconstitutional. Also defendants can sue them for civil rights violations. But someone has to do it. It is time consuming and expensive.

11:30am will be fine. Call on my cell.

C3D, I sent you an IM, I think. If I didn't do it correctly, you can see my contact info on the documents attached to my earlier post.

Yes, I would just like a little help. A lawyer who could cover some depositions and court appearances and some monetary help with the filing fees and deposition cost. I may just give up, throw up my hands, withdraw from the cases, close may limited practice and retire to the south.

jmac00, I think you are correct. Also I detect a very frightening course on the part of the police. In Cusumano as I addressed earlier, he sued Nassau County when they suspended his pistol license because his sister filed a TRO against him. The TRO was vacated in three days. They kept his...

When you have limited resources you have to pick your fights. New York has been totally hopeless for a while. The 2nd Circuit is anti-gun and the Supreme Court has been AWOL. Its like when the French asked Churchill for more British fighter squadrons in 1940. Churchill refused. It was a lost...

Glad I already moved to FL. At least the socialist candidate for Gov. lost. But it was close. Nelson out too. And good result in Ag Commissioner who administer CCWs. Just come to NY to work on my gun cases against Nassau County. I'd quit and retire if I could get another lawyer to take them...

We had our first conference before Judge Fuerestein in US District Court. My impression is she didn't put much stock in my argument that Arts. 265 and 400 are unconstitutional. Asks why Napolitano didn't apply for a renewal license after it was suspended, this response to Reissman's bs argument...

Both the Senate and the electoral college were compromises hammered out at the constitutional convention which prevent the "large states" from running rough shod over the "small states". That is just what the democrats want to be able to do. They want the "large states" i.e. California, New York...

The recert cost is the least of our problems. Dems are working towards total disarmament of the people. Can't pass a law simply saying that. That might be going too far, even for the 2nd Circuit. (But not the NY state courts, that recognize neither the constitution or the Supreme Court, where...

Ok, this is like you have a trial. At the end, evidence closes. The jury charge is prepared and the case ready to go to the jury for decision. Then one side, after it agreed to close the evidence (didn't ask for rebuttal) whose case has not gone so well, says "wait, we have more evidence we want...

The dems are hoping to get one or two weak kneed RINO's to vote no. Then if they can gain seats in the Senate, it's all over for this generation. GOP had the presidency, the house and senate. Could we get national reciprocity passed, no.

So this surprises who? The en banc will reverse. Then cert to the Supreme Court. Need Kavanaugh on the Court. Dems pulling out all the stops. Even if true, what does a drunk 17 year old's sexual advance, assault, what ever have to do with anything.

I've got five gun cases in Federal Court on Long Island. I'm counting on him getting confirmed to have any chance of success in these cases. The Sullivan Law has been in effect since 1911 I think. It is so unconstitutional that the defendants can only say it is "long standing" and "well...

Good luck. Hopeless in NY. Always a possibility the Supreme Court might take it in the future.

Under F.R.Civ.P. 5.1 we had to notify the Attorney General of New York that we have a constitutional challenge to statutes, PL 265 and 400. So the AG's office has 60 days to decide if they want to intervene in this case. What do you think. Will they come into this case to try to save their...

In Napolitano the Defendants have Filed their Memo of Law in Opposition and we have filed our Reply Memo. Our original Memo of Law in Support is in a prior post. The matter is now submitted to the Court. Attached are the documents. Defendants don't even try to defend PL 265 and 400 as being...

Hey, I got a call from Lorusso after he was served with the suit papers. I didn't take the call. My para legal told him since he would be represented by an attorney I could not speak to him. My para told me he was an arrogant s.o.b. on the phone. On to other news: The Weinstein Motion for...

I don't know what will happen in the mid terms. Considering the population of the idiot states, NY, California, New Jersey, Maryland etc, with the illegals voting, voter fraud, no voter ID and so forth, dems might take control of the House. With the Senate, less of a chance. Only a third of the...

Right now the 9th, 7th and DC circuits have ruled that there is a constitutional right to carry in public, either concealed or open, one are the other, depending. The 2nd, 3rd, 4th and another, don't remember ruled no such right. To them the word "bear" in the 2nd does not mean anything.

The decision only applies in the 9th Circuit. Probably will be reversed in an en banc hearing. Before the whole court. Still more liberals than conservatives on the Court. Trump has appointed one judge to the 9th and another is pending. If reversed en banc the plaintiff can appeal to the Supreme...

This was a good decision. I read the whole thing. Well, not the dissent. The state will ask for an en banc hearing. Who knows, miracles still happen. Remember the D.C. Circuit panel decision holding the DC may issue statute unconstitutional. Defendants asked for en banc, but didn't get it. Hence...

That mental health challenge is call Islam.

Acer-m14, the SAFE Act actually does not prohibit one from possessing long guns while their pistol license is suspended or even revoked. Rifles and shotguns must be surrendered if ordered by the Family Court in an Order of Protection. But once the Order of Protection ends the prohibition to...

I read the entire Bill. A little more nuisanced than indicated. The petitioner must swear to the complaint. The ex parte order is issued on "probable cause". Then at the hearing on the temporary order the petitioner has the burden of proving the respondent is a danger by "clear and convincing"...