We now live in the Disunited States. There are no standards now, other than raw, brute force politics. Money & Muscle is the only standard left.
The quicker Americans realize that and abandon all hope that the retarded political games our masters keep us playing are completely useless, the...
Neither of which (arrest or permit denial) ought to be in play here, for numerous reasons.
For starters, prior to Bruen, NY "allowed" carry with the permit in many places. Now the rug has been yanked out from under permit holders on that... IN DIRECT VIOLATION OF BRUEN. SCOTUS has already ruled...
I appreciate the Politics & Law forum and its power for all of us to learn more about our RKBA. Its my favorite forum here, and I believe in the political environment we are currently have in NY that its is a very important part of this site.
However, in my not so humble opinion, the signal to...
Another very interesting angle on citizen made weaponry is how it takes the FFLs out of the loop, sidesteps 4473, NICS, record keeping, and the entire tyrannical scheme to make everyone get a FedGov permit (NICS check and attending paperwork) by cutting out the Fed mandated gatekeepers (FFLs)...
Once the dust settles on cases dealing with unfinished frames and receivers, the permanent end of gun control will be in sight as a matter of law.
Free men who make their own Arms without a permission slip (including FedGov BGCs) puts the Second Amendment out of reach of the jackboot.
The...
I appreciate your reply, thank you for clarifying and being willing to engage further.
I am admittedly getting more severe and harsh in my responses to what is going on this country. What I see going on sickens my soul, and frankly I'm super pissed that so many people on our side who believe in...
I understand this, but the point I was trying to make is that the Supremes already ruled on most of the stuff NY has basically asserted in the new laws. Obviously in defiance of the Court. Sensitive places has mostly be addressed going all the way back to Heller for goodness sake, along with...
Here's another question to ponder when it comes to this bullshit.
What is NY's standing on any of this? Has that been explicitly stated and rigorously documented, backed by "history, tradition, and text," with lots of cites to other pertinent cases that would actually uphold any of this new...
Its the fucking equivalent of saying, "The plaintiff has not shown an immediate intent to exercise his Right:
To vote;
Or to speak (or not to);
Or to read or write something (or not to);
Or to go to church (or not to)..."
And so on.
"The plaintiff has not shown an immediate intent to...
Quoting this part for clarity:
"the Court is carefully considering whether Plaintiffs have sufficiently shown a concrete intention to carry concealed in the immediate future ..."
What a load of bullshit. This essentially boils down to NY's now defunct "Proper Clause" requirement to get a...
So guns for the "important" people when there might be a threat, but the "unimportant" people can fuck off?
Thanks for making your position clear.
Remember that next time you're bitching about being disarmed by unconstitutional laws, or when a "sensitive place" demands that you put yourself...
Oh no! GOP dolts are demanding answers! Run for the hills!
Yeah that's going to make the commies quiver in their boots!
For decades the "conservative" talking heads said that the GOP was the stupid party, getting steam rolled by the Demrat commies because they couldn't get their heads out of...
If the 2nd Circuit puts the kibosh on the TRO with the intent of overruling the District ruling broadly (and thus also ignoring Bruen), then they will have gone full retard.
And if they go that route, the best stalling tactic for them at that point would be to assign it to a panel first, and...
I would like to ask you a question if I may. What was the point of posting the link to that document and quoting from it?
Was it to show how the "scholarly world" borks things into confusion with their interpretations? Or to point out someone who is clear on the subgject of the Second Amendment?
Miller does IMO attempt to tie what was allowed under the Second Amendment to being useful to use in a military context. I don't believe law enforcement or "police force" was mentioned in the opinion as some kind of standard.
However, that in essence IMO has been overturned by Heller, even...
Has the judge in the case where the TRO was issued actually released his judicial opinion yet? Asking the 2nd Circuit to overturn a stay when the case hasn't even been decided yet at the lower court sounds kinda stupid. Then again, this is Letitia we're talking about.
Either the State is...
With all due respect, the "basic understanding of language by an average person" may be influential on public opinion, whether it is error or enlightened. However, as a matter of long established law, it is of little consequence to the plain meaning of the text, the history behind it that backs...
What?
The penalty for violating the Second Amendment is built right into it; obviously so.
The failure of the citizenry to defend their own Liberty does not alter the text, nor the intent of it.
The phrase used by the Court was "in common use." The phrase used by the Court as part of making the determination of what falls under "in common use" was derived from the Miller decision, which basically gave the standard "dangerous and unusual weapons," and basically took the stance along the...
Mandatory storage was shot down in McDonald, when the Supremes "incorporated" the Second Amendment to the states.
I put "incorporated" into quotes because it was actually the 14th Amendment that incorporated the Bill of Rights to the states, but that is a another topic of its own.
I can't agree with this at all.
Bruen got Cuomo'd because Whorechul was told to push him out by her handlers. The Cuomo faction lost in the power play for control of the state, and old blood needs to make room for new blood. Whorechul's faction has to strengthen their grip on the levers of...
Lets be honest with ourselves and admit that its never going to be dealt with.
The criminals and the organizations they run with, big and small, are making too much money, and enjoying their new found liberty to commit crimes and be put right back on the street again. Crime is not a bug in the...
Again, as I said in my post (#47), I agree with you... in theory. If our JustUs system worked the way it should, NY never would have had the Sullivan Act in the first place, none of the egregious and terrible gun laws and permitting schemes in the south (that spread northward and westward to...
Yes, and I'm sorry if I seem pedantic. :flag:
I note that Whorechul is named as "restrained" and as a "defendant" along with another state official (Bruen) and county officials. However, Latetia is not specifically "restrained" or named as a "defendant," even though it would seem to apply to...
I'm not honestly up to date on the makeup of the 2nd Circuit. I know that Trump appointed some justices to it and that the makeup of that court has changed. I would have to do some reading on the makeup of the court and decisions promulgated by them to see which way the wind is blowing down...
Technically not. The governor of any given state is the top law enforcement officer (chief executive officer), and there are remedies for a governor to remove other law enforcers under her authority (even elected ones like AGs).
See for example DeSantis in Florida removing some elected state...
I'm going to ask the same question that I asked previously, which you ducked at the time:
If the chief law enforcement officer of an entire political entity is restrained from enforcing a law that effects an entire political entity, and the law which is the basis for enforcement in that entire...
I appreciate that you put "allow" open carry in the quotation marks as you did, because that signals the exact problem we've had going on since the Heller decision. The reporting on Heller, McDonald, Cetano, and now Bruen has been abysmal.
In Heller, Scalia specifically and clearly stated...
When its appealed to a higher court, the higher court has most/all options on the table and can basically "pick through" the entire content of any given lower decision. There are certain legal "niceties" and matters of jurisprudence that are considered required and traditional legal practices...
I am both pro-hate and pro-love.
It is an eternal Truth that we are to both love and hate; we are to hate that which is evil and wrong, and to love that which is good and right.
"There is an appointed time for everything. And there is a time for every matter under heaven—
A time to give birth...
I agree with this layman's way of putting it for the most part; indeed, as well read and as well as our Founders wrote and spoke, I think the way you have put this in such layman's terms was a key part of the reason the People loved the Constitution and their nation. They didn't feel talked down...
I have written similar wording with regards to the way that the Second Amendment is stated in terms of modern English usage, so I have no problem with that for the sake of clarity on what its really saying.
That being said, saying that "The second really has nothing to do with a militia" is...
Goes in effect next Wednesday. Business days in FedGov terms essentially means "banking days." Today would defer to the next "banking day" (i.e., tomorrow, Friday), Saturday and Sunday are not technically "banking days," nor is a federal holiday.
Consider who is ultimately restrained here: Whorchul, the chief law enforcement officer of the entire state.
Yes there are jurisdictions involved here, but they are lesser jurisdictions and shit flows downhill.
Consider that both Whorechul and Latetia are already putting out statements on how...
Your point about "the TRO, it is only restraining the named defendants and those acting on their behalf. I am not sure that would apply to officials outside the county officials named unless it is argued somehow they are acting on behalf of the governor or the state police which I don’t think is...
Yes that is the way is should and is supposed to work. We are in agreement.
However, the practical and political dimensions must always be taken into account. We waited 12 long years from McDonald, which "incorporated" the Second Amendment to the states (an odious doctrine that the Court...
Yes that is exactly the sense to which I was replying.
In a strictly legal sense, most questions being asked right now about this TRO are getting ahead of themselves. That TRO is probably going to last only as long as it takes for the 2nd Circuit to overrule it.
Everything is going to hinge on...
That's probably a different kettle of fish. NY is going to have a tough time selling "businesses can now ban Arms from their premises instead" without legislative action. At least, that is probably what would be required if we still lived in a constitutional Republic.
I have a lot of thoughts...
Most of the "sensitive places" listed here are likely listed because there is Federal law pertaining to these.
GOA in their press release is stating that this ruling basically allows people in NY to carry again:
"Washington, D.C. – Today, Gun Owners of America (GOA) and Gun Owners Foundation...
Now we get to see what kind of legal chicanery the commies on the 2nd Circuit try to pull, and how long appealing their written clusterfark of an "opinion" will take.
I really hope Justice Thomas has very good security and doctors, because everything hinges in this kind of legal battle on the...