A three-judge motions panel should act on this appeal very quickly. What happens will likely depend on who is assigned. I was tempted to read more into the interim stay than it really means, but it's really a matter of extending Sudabby's own 3-day stay a few days to give the panel time to be...
This is a very good response, that they got this out the next day shows they were well prepared.
The 2nd circuit could deny the stay and then grant one from the preliminary injunction as soon as later this month. If the 2nd circuit stays the TRO then it really signals that they are going to...
Pretty frank appeal. They argue procedural points but the main thrust is they know they are going to lose with Sudabby and they want the 2nd circuit to slap him on the merits kid the constitutional issue now. If the 2nd circuit obliges this could speed up SCOTUS getting involved.
And according to the NY Post, “practically nobody” is in fact “nobody.”
The pardon “applies only to the roughly 6,500 people convicted federally of simple possession, of whom none are in prison.”
No it wasn't. This is still the very beginning of the case. The plaintiffs asked for a TRO and the court applied TRO legal standards and gave them one, restraining the plaintiffs. The TRO standard required finding it was more likely than not that plaintiffs would succeed on the merits. So...
Going in circles here. The state was not restrained, the governor, superintendent of state police, and specific district attorneys and sheriffs were. The DA in X county is not Governor Hochul or acting on behalf of Governor Hochul. Governor Hochul may be the chief executive but she is not the...
She's a politician, I'm sure she's happy for you to think that but she's busily just using it as fodder for her next grift. She loses, she gets to appeal to her anti-gun constituents how important it is to vote blue. She wins, she gets to appeal to her anti-gun voters about her accomplishments...
But I did read the entire decision, and I'm not finding any declaration, temporary or final, that law is held to be constitutional, or that the TRO applies to anyone not enjoined. The defendants were specifically enjoined, so the State Police must respect this state-wide. I agree that it's a...
This decision is still really not great for churches. While there are a few churches like yours that are proactive about having specifically tasked volunteer armed security with specific protocols, the vast majority don't.
I would say the majority of churches are simply "agnostic" about guns...
The semi-auto rifle licensing requirement? ALL of the SAFE Act "assaulty-rifle" bans? The new total bans on "others" (up to and including pistol-grip-only muzzleloaders? The backdoor gun registry? And oh yeah making buying and selling ammo expensive and onerous.
I don't think any of that has...
To remind you what happened, the first version of SAFE had a 7 round mag limit but the legislature "fixed" it to be 10 round but you can only load 7 since 7 round mags did not really exist in the market. The 7 round magazine limit was never in effect. The federal Western District court found the...
In this case and in Antonyuk 1, I find it really annoying that the 4 references requirement was let to stand and the plaintiffs 1. Did not even seem to address the in-county reference requirement, and 2. Did not testify that it was a burden.
maybe because that’s not a statutory requirement and...
There are not thousands of people in federal prison for simple pot possession. There is in fact practically nobody in federal prison now for simple pot possession.
even this article only says there are thousands of people with convictions eligible for this pardon to clean up their record. And...
One way or another the constitutional issues will be resolved statewide, it’s just a matter of time and cases. For this one the timing depends on what the second circuit does too.
The SAFE act 7 round loading limit was struck down in the western district US federal court and it took a while but...
Meanwhile in New York, only prior drug offenders are being licensed to sell pot now. And they are eligible for millions of dollars of investment from the state, supposedly to be funded by part of the pot tax windfall before it's collected, meaning out of the treasury of our general tax dollars...
Maybe we need a qualified lawyer with a law license to chime in here (apologies if you are one), rather than someone like myself with enough schooling to be dangerously wrong.
If the defendants in this case ignore the TRO while in effect, they can be hauled into federal court and held in...
I mean that's a good argument and I hope any right-thinking law enforcement and DA's across the state take their cue from this case, but that's not the world we live in and I'm not sure that's right. "The State of New York" is not a defendant here, and the judge did not make issue a preliminary...
I’m not sure what you mean. If you mean that the order applies through the entire jurisdiction of the court (northern district of New York) and only that jurisdiction, you are incorrect. District judges have in many cases issued nationwide injunctions.
in this case though, it appears from the...
This is finally some progress against the new NY gun package, with some caveats:
Obviously, this will be appealed and the 2nd circuit has time to come in and stay the TRO. In either case, the litigation carries forward. The legislature may also throw some more bombs in reaction.
Also, the TRO...
Then you are legally in the clear to possess and drive around with any Pennsylvania-legal firearm that you own or borrow in PA. Just the only way you can own a rifle or pistol that is not legal at home is if you build it in PA yourself, and any frame or receiver is one that you legally acquired...
So much misinformation here. Just about only thughes gets it right.
In PA you can certainly borrow any gun that is legal in PA. However driving with a pistol and no PA permit as a nonresident is a hairy proposition and you need to do your homework. An AR-15 with a stock is fine. You can even...
To me this looks like a combination of bending over backwards to comply with this unconstitutional law while calling attention to your attempt to do an end run around it. I don’t see this as a great approach either practically or politically, but you do you.
Personally I would think if you’re...
This was at the Newark Valley Apple Festival this past weekend. Twenty years of tradition (echoing hundreds of years of tradition) flushed down the toilet by New York politicians.
“NEWARK VALLEY HISTORICAL SOCIETY
BLACK POWDER GUILD
"OLD HICKORY LONG RIFLES"
On September 15th, 2022, a new law...
No, because the "shotgun" definition now includes "In addition to common, modern usage, shotguns include those using obsolete ammunition
not commonly available in commercial trade, or that load through the muzzle and fires ball shot with each discharge, or loading, including muzzle loading...
Until these legislators actually do something meaningful these are just words. Words that are better only barely better than silence in this state.
No they did not. They passed a nonbinding resolution condemning the bullshit laws and resolving to work against them, but not actually doing...
Both the pistol permitting law and the SAFE act were already extremely anti-woman. Adjustable stocks being banned means that a gun cannot be fitted for all members of the household, and so is most likely to be fitted only for the man. Many fixed compliant stocks (e.g. Thordsen) are just too long...
I have to agree, that I wish these organizations would either not comply or sue. Who is going to take a stand? We can't wait for these gun groups to chip away at the edges with preemptive lawsuits that get thrown out on standing or other technical grounds and don't address the full extent of the...
Clickbait title.
Who cares about some petty personal drama in some Michigan town board? This is tame stuff. I've witnessed much more excitement at upstate village board meetings and justice courts. Not even a shove or a punch thrown here. You must have a pretty sheltered life if you think this...
Related:
That said this is sort of a stretch as a religious liberty case, these kinds of health regs are a classic example of a law of "general application," so it's hard to say that the Amish should be get a special religious exemption for selling uninspected meat versus Bubba Thornton who has...
https://www.binghamtonhomepage.com/news/crime/jc-man-pleads-guilty-to-criminal-possession-of-handgun/
"Muhammad Aziz" had a "quantity of cocaine and meth," but faces sentencing only for simple possession of a handgun without a permit.
No doubt this also helps him avoid immigration...
Holy crap, I didn't get this far in the bill when I read this one. So much shit buried in that package.
Now, it does look pretty clear that the cameras themselves don't have to be "centrally monitored" but this requirement in the first place, along with the camera and retention requirement, is...
I thought NICS won't do background checks for ammunition. Just for firearms permits or FFL transfers. And as I understood it California didn't directly use NICS checks for their ammo "background check" and that it's basically a patchwork-level state database and the easiest way to get approved...
Well, I'm saying you are wrong; if you're making that claim please point to a source for it; you should be able to find it since you are so sure. The ethics code specifically says "patient," which is a relationship with specific duties of care. Can you point to a New York doctor who was...
Don't blame me. I'm just reporting on my experience. This is not a store that I would necessarily trust for good info but I am simply reporting that they are doing brisk business in ammo and selling it cash without ID, logs, or BG checks, and told me (based on what I have no idea) that it's...
That presumes there is a doctor-patient relation established already with the practice, and that's a good thing. If you are treating a patient you can't just abruptly quit on them or ignore them without transitioning care to the detriment of their health or life. In an extreme case imagine a...
Just checked my LGS, they are selling ammo as usual and have more on the shelves than I have seen in a long time. Said enforcement is postponed through the end of the year.
They are not selling semiautos without a permit though, and it seems our sheriff hasn't issues forms for those yet? Since...
Well this thread is getting out of hand.
“Doctors” are not required to provide emergency medical treatment, by the way. Emergency departments of federally funded hospitals are.
When even the Washington Post's notorious "fact checkers" call you out on the Assault Rifle-14.
https://archive.ph/Skfih
But of course, when we get to the actual fact-check rating:
Of course. As always, when these "fact checkers" get to the verdict they can ignore any and all content...
I dunno, there's 'qualified immunity' for a reason. Manslaughter might be fair but depending on all the facts we don't know loss of job, pension, certification and never being a cop again might also be fair. I would agree there's enough known in this case that the one who fired the gun shouldn't...
There have been orders of magnitude more modern sporting rifles manufactured and sold since 2004 versus all time before 1994. Let them try again and see how that works out.
It seems unbelievable that cops would be so reckless and incompetent after what's happened the past few years, but when you consider who's still willing to be a cop in 2022 it all starts to make sense.
That being said, as often is the case actually watching the video it looks a bit less bad...
I wouldn't call that a jam either, but there wouldn't be a "click" if the safety was on with any safety I'm aware of. I'm guessing shitty ammo and/or light primer strike, or the idiot forgot to chamber a round. Either way the president is extremely lucky here.
Could have been one of them bad...
I think the law should be what it was in New York (minus the permitting scheme) and is in most of the country (Texas conspicuously excluded). That is, a private business can set and enforce whatever rules it wants, can kick you out or ban you, and if you refuse to leave you when asked or return...
Ok, but if the slide is forward and there is, a) a round in the chamber, or b) no round in the chamber, how is the pistol "jammed"?
I'm trying to learn here. I think it's jammed in the same sense that it's fully semiautomatic with 5 bullets in the clip, but maybe I'm being pedantic in thinking...
Question: I'm no expert on pistol malfunctions, but how does a semiautomatic pistol "jam" firing the first round?
Seems to me that "click and no bang" possibilities are 1: empty chamber, 2: light primer strike or similar misfire, 3: bad load. Am I missing something? But it's journalists we are...
I'd like to see an armed outdoor Christian conventicle and psalm-sing at a state forest or farm to protest this. Sadly this state is so cucked that probably only a few militia weirdos (love you guys but you're not always helping), fed glowies and fed glowies impersonating militia weirdos would...