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Judge didn't screw up. This is intentional refusal to follow the Supreme Court's decision. Basically doing what NY did. Gave the Supreme Court the middle finger. Another far left wing fanatic on the bench deciding how she wants the law to be. Who appointed her and when.? I haven't looked her up.

Yes, I know it is in theory better to stay and fight. I have fought some in court, but I'm old and want to spend the rest of the time I have left to live in relative freedom. You just get worn out with this crap. And it just keeps getting worse. But you folks keep up the good fight.

Having retired and decamped to Florida except for one case still pending in NY, I find Florida's proposed gun legislation totally different. Right now the big issue is Florida is whether constitutional carry bill pending in the legislature will be concealed carry or both concealed carry and...

From a lawyer's view point, it is always better to have Supreme Court authority to support your case. I know it is frustrating. There have been at least five positive gun rights decisions in NY since Bruen. NY does not recognize the 2nd Amendment or the Supreme Court if it disagrees with it's...

Pennsylvania has made history. For the very first time a zombie has been elected to the US Senate.

Re NYC. Think about it. Even if your up state permit is no good in NYC, there is a provision to get an NYC endorsement to carry in NYC. Since it is now "shall issue" can't use "good moral character" etc, very limited discretion, I think if you applied for the endorsement, they would have to...

Ok, my guess was a day early. Came out Monday instead of Friday. Most of the absolutely horrible stuff was thrown out in this decision. On Friday you will have a real carry permit, unless the 2nd intervenes. More cases will be filed re the subways, public transportation etc. I think the school...

I am a lawyer and have handled several "gun cases" in NY. In most cases, legal questions are decided on the briefs and the judge's (actually law clerk's) research in addition to the briefs. Don't even have oral arguments in many cases. Legal opinions don't write themselves. They, as well as the...

Germany went to war with Russia before over oil and energy. I guess they can do it again.

Excellent opinion. Sets out the proper test for standing. His findings would apply equally to most of the CCIA. It is so clear cut, just a matter of time before the CCIA is gone. Then of course replaced with an equally unconstitutional law. The state of NY is acting like Alabama and Mississippi...

Zelenski probably has all kinds of info/evidence re activity of the Biden crime family in Ukraine. He is using this to blackmail Biden into providing him with what he wants. Otherwise he does a document dump just before mid-terms. Then threatens with same dump before 2024. It is the Biden crime...

arp228, I have read the entire decision. Have not set down and outlined or marked up etc. I think the judge was careful. He allowed some parts to stand as restricted temporary areas etc. I think the training requirement is burdensome, but he decided to let it stand "for now.". Schools and govt...

Judge Suddaby has already given his opinion on the constitutional status of the law. He knows this case will be appealed to the Second Circuit and then the Supreme Court. He and his law clerks are carefully crafting the decision to hold up on appeal. I think we will have a decision by the end of...

You have the Federal Rules, then the Local Rules, then the Judge's Rules and the ECF Clerks rules. So it is easy to run afoul of one of these rules. Usually not fatal to the case, but causes delays. Especially easy if you are concerned with the substance of the case and don't pay meticulous...

CaliberPlus, Yes I practice is NY but am trying to retire. Only two cases left (not gun cases). There is a lawyer I can recommend re gun cases. They have gotten a lot easier since Buren. And tirwin1, your are right, the judge could do it, but not going to happen. I agree. I think in view of...

Having practiced law for almost 50 yrs and handled five gun cases in NY and won four, I think this case is about as sure a thing you can get in litigation. Granted, you never know for sure what a court or judge will do. But the Breun decision is clear, J. Thomas headed off most of the BS that...

"Standing" is an elastic term to be used and shaped as desired. Unfortunately for them, all my clients in gun cases clearly had "standing." The judge just didn't find irreparable harm, even though he eventually found multiple violations of constitutional rights after depositions, discovery...

Scanned the opinion. Did not read in detail. The judge punted on 3rd down. Could have found "standing" if he wanted to. But case dismissed without prejudice. Don't worry. Within a few months of this monstrosity in effect there will be plenty of people with standing. People who were arrested...

Abbot is not sending near enough illegal aliens to NYC. That is what the people of NYC wanted. It is what they voted for and is what they are getting. They should be HAPPY, HAPPY, HAPPY. They should be even happier when he ups to load to 5,000 per day. He has an inexhaustible supply.

Word is NYSRPA will be filing suit next week. It will take their lawyers a few days to be sure they get it right. I've read the decision and the new law provisions. No way the "can't carry anywhere" provisions will stand up. If they get lucky and get an honest federal District Judge, a...

Yes, as I said above, because of the stupidity of the NYC officials, who just can't turn loose of a little bit of their arbitrary authority, many lawyers will make lots of money. The tax payers in NYC who keep voting for these yokels will get to pay through the nose. The officials don't care...

Word from the pistol license offices from Suffolk and Nassau County is that the restrictions on your license are void and you now have a full carry permit. After litigating with them for years I'm kind of surprised they have taken a reasonable approach. However, both counties had Republic take...

We can only hope. I really think the Court will rule our way. I have several gun cases in the US District Court, Eastern District of NY. I have had rulings in four of them. In every ruling the court said "there is no right to possess a handgun in NY."(even in the home). In spite of what the...

I don't know why democrats don't just move to Red China. It has all they want: 1) Single Party Rule 2) No political dissent 3) Universal healthcare 4) Total gun control 5) Free abortion on demand 6) No due process 7) Only state sponsored news 8) Work and housing for illegal aliens No, wait...

I wondered so I looked it up in Westlaw. I found one case that says "judges are guaranteed life tenure during periods of good behavior." Montanez v. U.S. SDNY 1964, 226 F. Supp 593, Aff. 371 F2d. 79. This was a federal judge. What would you expect him to say.

The constitution does not say judges serve for life. Art III sec. 1 says judges "shall hold their offices during good behavior." Does this mean "for life"? I don't know. Can Congress set terms for judges? I don't know. The "custom" is they serve for life, but is this a constitutional...

I thought that the republicans maintained control of the senate. I felt it was at least a bulwark against the worst of the far left agenda. Now I find that the fate of the nation hinges on run off senatorial elections in Georgia. If the democrats prevail, the far left will run rampart. As we...

I thought that the republicans maintained control of the senate. I felt it was at least a bulwark against the worst of the far left agenda. Now I find that the fate of the nation hinges on run off senatorial elections in Georgia. If the democrats prevail, the far left will run rampart. As we...

Yes I'm worried. 49% of the people are idiots and will vote Democrat no matter what. 48% are reasonably intelligent and will vote for Trump. I didn't vote for Trump in the primary in 2016, but it's not as if we have a choice. Throw in the illegals voting, those who vote early and often, these...

Don't hold your breath. The Safe Act and Hand Gun permit legislation are power trips for some cops. (and judges). Besides, arsonists, rioters, vandals, looters could get hurt if people are armed.

Yes, just looked. Only one writ granted. No action on any of the gun cases. At least writs were not denied on any gun case. We will see some day. Maybe.

You are right. In one case my client spent over $10,0000. Then when we have them cornered, the County gave up. Only cost them a signature. Corrupt power hungry govt operators.

All this bickering among ourselves is not helping. As an attorney, I'll still have to keep working with the courts. What happened here is the attorneys for the plaintiffs screwed up early on. In all my gun cases I plead that Art. 400 is unconstitutional because of the unlimited discretion of the...

This is going nowhere as it has to be approved by the General Assembly of the Commonwealth of Virginia. The Dems in control aren't going to let people escape any more than the Soviet Union would allow it's people to leave it's control. They don't want you or for you to have any freedom, but they...

Your comments on the law are correct as far as I understand. Just try to do the "right thing." I would much rather have a judge that tried to do the right thing who is not a scholar of the law, than one who is but uses his knowledge to screw me. And I have appeared before lots of judges, good...

That is just how it worked. I was in a situation where I was commuting from Saratoga Spings area for a portion of a year to NYC. I filed income tax returns for NY, NJ and the Feds. The state "rejected" my state income tax return. Form "ba ba ba" was needed. I asked the CPA were I worked what is...

Like I said, in a gun case in NY involving pistols, you should alway put in a count claiming Art. 400 is unconstitutional. You never know when you might have an opportunity to make that argument to a court that might actually listen and follow the constitution.

Most of it is over mootness. You can tell the liberal judges want the case dismissed. But Alito asked the most pertinent questions re the new law requirement for "direct and uninterrupted" transport. Nobody discussed the most bizarre fact. How does the city of New York control what you do...

There is an entire transcript.

I read the entire transcript. My prediction is that the case will not be mooted and dismissed. It will be 5 to 4. The law will be found unconstitutional. Alito got the city's lawyer to admit there is a constitutional right to carry gun outside the home in some manner. If they put this in their...

I've got six civil rights gun cases pending in the EDNY. At least two will go to the 2nd Cir. It is nice to know that it won't be a act of futility. All of them attack the constitutionality of Art. 400. With fair judges we should win, if Art 400 is not struck down before my cases reach the 2nd.

Spat, your are right, it is a war of attrition and we have already run out of resources. I'm working pro bono, but we will still have expenses. Weinstein came up with enough money for filing fee and service of process, but when we get to depositions, there will be more expenses. As before, NRA...

No matter how many times we proof read, a typo always shows up. Not a big deal here.

Here we go again. The Nassau County Police decided that Weinstein made threats to someone in "NY Rising, " revoked his pistol license and then threatened to arrest and prosecute if he didn't get ride of his long guns. No due process, no hearing, secret witness. Weinstein says he didn't threaten...

Nothing new. I have a client that has been involved in litigation against Nassau County. Police claimed he threatened someone, revoked his pistol license and said he was prohibited from possession any guns. Gave he two days to transfer them. No red flag petition, no hearing, no "due process."...

In his case, no Red Flag Order, no judicial finding, no due process, no right to cross examine secret witness, no hearing etc.

Ive got a potential client, un-named at this time. The Nassau County Police say he threatened someone, name undisclosed. It is not known what was allegedly said by him. They revoked his pistol license and told him he had to get rid of all his long guns are he would be arrested. Trouble is he has...

There will be more than a dozen. More like thousands within a few years.

Nassau County, NY already does this. They don't need any "red flag law." They didn't violate any rights because a gun owner, especially pistols, does not have any rights. J. Spatt said so. We will appeal to the 2nd Circuit. Then the Supreme Court. Supreme Court says it is an enumerated...

Look on the first page of this thread. i tried to copy and past it here but didn't work for me. Maybe other can help.