I'm not sure. If claims similar to the one I would bring are made, an appellate court might consolidate the cases and issue a general ruling.
We are not bringing a suit for damages if we are denied. It will be for declaratory relief. So, imagine in a standard lawsuit for damages, you are...
Agree with these sentiments 100%. The way I read SCOTUS discussing licensing/registration, they "assume" the process is same day. They have not been presented with evidence to the contrary. They have not addressed challenges "within" the licensing scheme.
Thus, this (future) lawsuit. It needs...
A few reasons:
1. I thought it might be interesting for this community to be aware of actions being taken to fight Hochul's insanity, from inception to final decision. You can see what the legal process is like on the ground level, as much as I can make available. Timelines, responses, rulings...
I appreciate that. I’m not looking for donations. I do not want this thread or my lawsuit to ever become a “money” thing, that’s not why we are doing it. True story. Not about money. And I don’t want my intentions questioned or perceived to be something they're not.
During the pandemic, I...
I hope whatever you are taking from this thread, that one thing is clear. I very much, very very much, value our second amendment rights.
Any time I say something like, “the state has a legal interest in regulating firearms to SOME extent,” it’s not because I believe that they do, or that I’m...
Let me play devils advocate: the right to obtain the arms cannot be infringed. That’s the thrust of the right?
So a registration document, or license, or receipt, or whatever you want to call it - which is issued contemporaneous with passing the 20 min fed background check - infringes on your...
Not challenging sensitive areas. Imagine that sensitive areas are an issue that would come into play AFTER you have your license, “you have it already, now where can you use it.”
Here, we will be challenging earlier steps - a point in the process where you do not even have a license yet.
And...
“True revolutionaries do not flaunt their radicalism. They cut their hair, put on suits and infiltrate the system from within.”
That’s a Saul Alinsky quote, guy was a leftwing nut and threat to society but also possessed a Machiavellian level understanding about how to effectuate change. That...
Lone wolf of course. Cmon man. Appreciate the NRA generally but I’m looking to make my arguments my way with my client, free from any other influence or party or media spectacle. Just your humble attorney representing his client’s interests...
I appreciate what you’re saying. I mean this in the least condescending way that an egotistical asshole lawyer like myself can possibly mean it, and I’m not suggesting you’re uneducated about firearms or the laws relating to them.
The state has a legal interest in regulating firearms to some...
Don’t get me wrong, I think a license to merely possess is ridiculous.
But it is less ridiculous, maybe even constitutional, to require a license that they issue the same day. Intrusive and unnecessary? Yes. Does it really infringe on your ability to possess a firearm? Not really.
What does...
The state has an interest in regulating firearms, just like they have an interest in regulating driving. They can likely have a license requirement. That interest ranges from nearly no interest (possessing at home) to great interest (possessing at a courthouse, polling place, etc.).
Because...
It’s not just a licensing requirement though. That might be Constitutional.
It’s the fact that 1) the process to get the license required submission of irrelevant, private, and burdensome information that has no connection to a persons right to obtain a firearm / fitness to possess one, and 2)...
Agreed. Alternatively, if a license was to be required (though many cringe reading those words), it should be issued contemporaneous with purchase. Nothing more than a receipt, more or less, with the same fed background check as if you’ve purchased a shotgun. Should take about 20 minutes to get...
No. We are specifically going after the unconstitutional process NY puts you through to even become eligible to purchase a handgun. That’s the...scope...of our issue.
The body armor ban will likely have to be a separate challenge. I’m sure it can be done but I have not looked into it...
Hey, attorney here, I am not fishing for clients. I already have what I need. I just wanted to post in this forum - and I will update the thread periodically - our plans for challenging the “requirements” that Hochul so very recently decreed. Follow if you would like.
We will be submitting our...