That's a fair assessment. I could have added that my book discusses a prior case of mine, Bordeleau v. NY State, as having been wrongly decided due to using ideology over the text of the Constitution. Not to brag, but my book is the first to lay out a clear definition of the term progressive...
The 4th Department is not a friendly place for the 2nd Amendment as I have found so that's in there for further appeals. The core of the case is poor jury instructions. That's not a technicality and that's our best chance to win on appeal.
Just so people know where I am coming from. I have practiced law for 35 years, doing trials and appeals in state and federal courts in civil and criminal cases. I like to joke that there are exactly two lawyers in Buffalo who do what I do. The other guy represents rich people and I represent...
I tried several times to post the brief. Sorry. It's posted on my Twitter account and Facebook page.
JimOstrowski (@JimOstrowski) | Twitter
Jim Ostrowski
Last week, I filed an appeal for Ben Wassell, the first man convicted of SAFE Act-related charges.
Here is the brief:
I trust you will find the brief very interesting. Ben's an ex-Marine with a family. If you would like to help defray his legal expenses, follow this link.
Thanks, that program was a great success and we WILL follow up but the day job has been brutal. The appeal is simply part of a larger strategy which includes educating the public, and judges! about the true nature of the Second Amendment. Thanks! Keep in mind that I have no organization or...
Our brief on appeal in LP v. Cuomo, a case challenging the Sullivan Act, has been filed. See below.
The case will be argued in the Second Circuit in Manhattan at a date to be announced. Many activities will be planned for that day, including a rally outside the courthouse and a press...
Our brief on appeal in LP v. Cuomo, a case challenging the Sullivan Act, has been filed. See below.
The case will be argued in the Second Circuit in Manhattan at a date to be announced. Many activities will be planned for that day, including a rally outside the courthouse and a press...
Our brief on appeal in LP v. Cuomo, a case challenging the Sullivan Act, has been filed. See below.
The case will be argued in the Second Circuit in Manhattan at a date to be announced. Many activities will be planned for that day, including a rally outside the courthouse and a press...
Our brief in the case against the Sullivan Act has been filed. Here is a link. Please pass this around. Oral argument in Manhattan TBA. (There will be a pro-2nd Amendment rally on the steps of the courthouse (in hostile territory, Manhattan)).
This case is being done "on a shoestring."...
If you think we are winning, then don't come. We are not winning in NY. Several states have cracked down as has Trump himself. We have lost the young people. The average age of people at gun meetings is 60. There is no NY court decision that is pro-Second Amendment since Heller!
SECOND AMENDMENT TOWN HALL ON STRATEGY
BRING YOUR BEST IDEAS
OPEN TO ALL SUPPORTERS OF THE RIGHT TO BEAR ARMS
Where: Days Inn
200 Oak St, Batavia, NY 14020
When: Sunday, April 15, 2018 from 2:00pm-4:00pm
Cost: Free
It is not required, but if you can, please pre-register by emailing and...
SECOND AMENDMENT NEWS ALERT
By Jim Ostrowski
On December 7, 2017, the New York State Advisory Committee on Judicial Ethics issued a startling ethics opinion on judges who are pistol permit licensing officers. Apparently upending decades of practices, they concluded that “a judge...
Thanks all. The Gurnett case raises the same issues but is now in the US Supreme Court on a writ (motion for permission to appeal). That was a revocation case that went through the state courts. That fund has barely covered costs so the attorneys have not been paid anything at this point.
That case was funded by 50 people putting up 100 dollars. Take a look at the defendants' lawyers, the State AG and three huge corporate firms including Cravath!
Thanks! A little bit about my policy on these matters. I hate wasting people's money. On the Pork Lawsuit, we won 5-0 in the Appellate Division. I thought I won the oral argument in the Court of Appeals and was ready to file more suits if we won there. When we lost 5-2 with blistering...
I came across this thread and thought I should respond. This case has dragged through the courts for reasons beyond our control but its genesis was my firm belief that the pistol permit law was unconstitutional under Heller. The first group of plaintiffs chose not to pursue the lawsuit after...