What is most outrageous about this whole CCIA thing is that we are now at the 8 week mark and a facially unconstitutional law still stands on the books. I would say the Federal court system is a big disappointment but this is what I expected, so I will say it is unsatisfactory.
I've been following this one quite closely, and the situation is worse by region. Guess what region is going to be worst-hit? Yep, it's the Northeast.
If we have a cold winter and heating oil demand spikes, it's going to be an economalypse.
The rifle license requirement and the need to have a pistol license for other than carry are fat targets for a legal challenge and I can't believe they have not been hit yet.
Shitty and annoying reporting that I had to figure that out from the article saying Ned Lamont was governor. I'd assumed this was up in Canandaigua until I got to that line.
There's been a bunch of these suits in recent years including New York and California and they have all failed miserably. I guess New Jersey wants to come late to that party and also get humiliated.
http://climatecasechart.com/case/people-v-exxon-mobil-corporation/
I wouldn't recommend them for defensive use. If you have justification to use a shotgun, use regular ammo. There's no lesser standard for using a beanbag under Article 35.
The school staff should not only be fired, but arrested on some variation of harboring a fugitive - aiding and abetting - or accessory after the fact to whatever crime these perps had committed.
tl;dr version:
Federal law says gunmakers and sellers are not liable for damages resulting from sales of guns. That law -- the Protection of Lawful Commerce in Arms Act, or PLCAA -- has an exception for when guns are sold in violation of law.
NY passed a law that makes selling guns that...
I agree with your assessment 100%; but I'd add it could be two or more years before we see any effect from Bianchi percolate into NY.
(Bianchi will need to run through its court process and get to the Supreme Court before it becomes binding in New York; or, alternatively, one of the parallel...
1. On extra fees, all travel and leisure companies now pile "fees" on top of their rates. Be it airlines, hotels or rental cars, or cell phone companies, etc. You need to do your research up front to be sure you are not surprised by those fees, so this one is on you.
2. Don't generalize...
Premeditation is only required for one of the several different definitions of murder. Murder doesn't even have to be intentional. Felony murder and wanton indifference are two examples of murder that don't require premeditation or the intention of killing.
It's very foreseeable that unintended death can result from a commission of a robbery.
Although to be technical, your 7-11 example would not be a case of felony murder under the statute. See the affirmative defense to felony murder in Penal Law 125.25(3).
Although if you change the example to...
It's an ancient concept, it goes back to the earliest days of common law in the middle ages of England. And it makes sense from the standpoint of holding a criminal accountable or all the consequences of their crime.
Classic case of felony murder. A clearer example: you chase a guy with a gun and he runs out in the highway and is killed by a car. You are guilty of felony murder because the death occurred during the commission of your felony.
In NYS, it's 125.25(3) of the Penal Code:
[You are guilty of...
A little more press coverage. There has been very little in the MSM about this case.
https://www.audacy.com/1010wins/news/state/judge-hears-arguments-challenging-new-yorks-new-gun-law