Honestly it could be if, for now. He could postpone until he hears oral argument.
2A Lawsuits and their progress we have here in NY
- Thread starter Edwardteach72
- Start date
livingston
20×102mm Vulcan
Judge Blocks Philadelphia’s Gun Ban
A local court stopped enforcement Monday of a Philadelphia executive order prohibiting guns in many recreational areas.The Philadelphia County Court of Common Pleas accepted a request from plaintiffs including Gun Owners of America for a permanent injunction against the executive order, which Democratic Mayor Jim Kenney issued Sept. 27. The executive order banned carrying firearms and other deadly weapons into city Parks and Recreation Department-run indoor and outdoor recreational premises, with exceptions for park trails and areas not explicitly meant for active recreation.
Judge Blocks Philadelphia’s Gun Ban
A local court stopped enforcement Monday of a Philadelphia executive order prohibiting guns in many recreational areas.
dailycaller.com
livingston
20×102mm Vulcan
BIG WIN for 2A in Philadelphia
Egret-II
.40 S&W
I love all these "BIG WIN FOR 2A" videos with the picture of Clarence Thomas that always happen somewhere else, and never in N.Y. and immediately somebody says " I cant wait until it reaches here" but I never does.. I'll get happy for those videos when they happen in NY. Release the Freys!!!
Dr. Evil
20×102mm Vulcan
I would think the more states that fall related to this unconstitutional BS the harder it will be for others to keep this unconstitutional BS as it will represent standing and set precedent.
Saltwater60
20×102mm Vulcan
And so many say PA isn’t far behind NYS. This could have been us, should have been us.Judge Blocks Philadelphia’s Gun Ban
A local court stopped enforcement Monday of a Philadelphia executive order prohibiting guns in many recreational areas.
The Philadelphia County Court of Common Pleas accepted a request from plaintiffs including Gun Owners of America for a permanent injunction against the executive order, which Democratic Mayor Jim Kenney issued Sept. 27. The executive order banned carrying firearms and other deadly weapons into city Parks and Recreation Department-run indoor and outdoor recreational premises, with exceptions for park trails and areas not explicitly meant for active recreation.
View attachment 175456Judge Blocks Philadelphia’s Gun Ban
A local court stopped enforcement Monday of a Philadelphia executive order prohibiting guns in many recreational areas.
Saltwater60
20×102mm Vulcan
I’d like to think you’re right but it’s NYS. There’s a thread that CA said this doesn’t apply to us. CA, NY, NJ, DC are in a league of their own. The only thing this would do is prevent inconsistencies so that it can move higher up the food chain. Of course that takes time and costs money.
Ny really is next level bad.
It's the worst.
I would take my chances in any of these "purple" states like PA or VA in a second.
But the Frey's are encouraging
Dr. Evil
20×102mm Vulcan
It's the United States constitution, not the 46 states constitution. Fuck them.
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Many years ago I listened to Amy Bellantoni speak at a gun show about the unconstitutional Safe Act. She has been in our camp for a long time. I was very happy to read the Frey lawsuit filing. As hard as NYS is putting it to legal firearm owners, their lawsuit is primed to likewise cram it up Hochul's ass. And then some.
I want to follow this, and am very curious to see who it gets assigned to, - and, obviously, I am rooting for it massively.
Cram away Amy (and the Frey's & fellow plaintiffs)!!! And let us know how and where we can support this effort.
I want to follow this, and am very curious to see who it gets assigned to, - and, obviously, I am rooting for it massively.
Cram away Amy (and the Frey's & fellow plaintiffs)!!! And let us know how and where we can support this effort.
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Saltwater60
20×102mm Vulcan
I get that but let me ask you who will make them follow it? Who is responsible for that? Certainly not the Supreme Court so what Merick Garland? That’s comical. The courts have no power of enforcement.
Acer-m14
20×102mm Vulcan
since they won this case and it was ruled unconstitutional ..
now they need to sue the mayor and all involved for damages .. lawers fees .ect
they lost there Qualified Immunity per say ... they lost ..
hit them in there own bank account ..
put them on the hot seat .. with a personal law suit .. will the tax payers cover their expense ?
deprivation of rights and Conspiracy against rights ... maybe could be used ..
Saltwater60
20×102mm Vulcan
It’s all tax payer money and you can’t/won’t sue the politician directly but possibly the city or mayor and only after we have this ruling and then you get arrested again. Right now the law stands. I’m not sticking up for them or the law but I just don’t see it going the way you state here.
whatwasithinking
.40 S&W
The every day citizen. It wasn't too long ago that the your average citizen was the first responder. People just became complacent, too comfortable in the thought that someone else will step up.
The Frey's and the other plaintiff's are taking the first step in challenging the latest infringement. If the state can't or doesn't want to enforce because they know they will loose on appeal, then it's not a law.
camper4lyfe
.308 Win
Reading up on the Frey case, it doesn't look too promising.
Frey et al v. Bruen et al (7:21-cv-05334), New York Southern District Court
Phazer
.450/400 Nitro Ex
I'm no lawyer, but it appears that the court keeps finding the filing deficient, the attorney corrects the defect, and the process gets repeated. This case may never be heard since there appears to be a bias towards dismissal.
whatwasithinking
.40 S&W
The courts don't want to hear the case because THEY know the law will not stand on it's own merits.
Calling ( and for the ancients like me) paging Dr @m1_ping or @US RIFLE M1A . Is this standard laze fair regarding such suits?
Aether
22lr
Actually, I am optimistic as the court is not dismissing the filing out-of-hand. The court is, instead directing the plaintiffs to get the filing correct. This may mean that the court does not want to waste its’ time hearting a flawed filing by the plaintiffs. READ the Frey filing, it is pretty near perfect, IMHO.
US RIFLE M1A
.45 acp
We are all watching these cases so closely that we (unless we are lawyers) are seeing details of the legal system that we have never seen before. Usually we are going about our business, and casually hear something about a court decision and think 'oh, that's good' or 'oh that sucks' and go about life.
In this situation, we are seeing all the details that go into almost all cases, but these specific 2A cases hold very well defined ramifications for all of us. Kind of the difference between simply having a friend as opposed to having a friend AND ALSO watching live surgery on that friend.
This is just a guess, but I think the reason Judge Suddaby is taking some time is that the judge is considering each plaintiff and the specific situation faced by each plaintiff. For example...
Instead of just tossing the law wholesale, he is doing something much more specific such as... OK, Joe EMT can carry at any time he is working OR on-call as an EMT. Jane Hiker can use any park in New York and stop for gas as long as she is either hiking or thinking about hiking. Sam the Minister can designate any congregant as security as long as that congregant has a pistol license...
Much more difficult to appeal that way, because the state will have to show that each plaintiff's violation of 2A rights has historic justification which we know it does not. It would force the state to get down into the weeds and say such absurd things such as 'in 1791, battlefield surgeons were not allowed to carry..' or 'in 1791, naturalists were disarmed' or 'In 1791 ministers could not carry in their own church...'
But I am not a lawyer and this is just a hunch.
As far as Frey, the judge knows the over-riding guidance is Bruen, and cannot dismiss with prejudice. Dismissal without prejudice is simply a pause in the case to amend filings. Totally routine.
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livingston
20×102mm Vulcan
Folks
wysl the 2nd amendment show 10.05-22
42 minute mark podcast.
Paloma Capanna attorney gives her opinion at the 42 minute mark on this case
www.wysl1040.com
wysl the 2nd amendment show 10.05-22
42 minute mark podcast.
Paloma Capanna attorney gives her opinion at the 42 minute mark on this case
Listen To Our Podcast - WYSL NewsPower 1040
www.wysl1040.com
US RIFLE M1A
.45 acp
Listened to the interview portion of the podcast, and the concern for the rights of each individual plaintiff against retribution is powerful. Specifically mentioned in the hearing.
Not too different from my comment above. Make it about the plaintiffs specifically. This also gives plaintiffs powerful standing.
Not too different from my comment above. Make it about the plaintiffs specifically. This also gives plaintiffs powerful standing.
gunpoliticsny
6.5 Creedmoor
livingston
20×102mm Vulcan
We need to remain positive folks .... The powers that be can pass laws at the drop of a hat damaging our rights .. While it takes us years to fight them
I posted a you tube years ago it was in a government session in California.
One of the elected officials declared that we know this law was illegal as all get out ... But it would take 10 years to wind its way through the courts. ... It was worth the 10 yeas of it being on the books before it was overturned.
] This is how they think folks . They can stomp on our rights with impunity .. With no repercussions
I posted a you tube years ago it was in a government session in California.
One of the elected officials declared that we know this law was illegal as all get out ... But it would take 10 years to wind its way through the courts. ... It was worth the 10 yeas of it being on the books before it was overturned.
] This is how they think folks . They can stomp on our rights with impunity .. With no repercussions
Saltwater60
20×102mm Vulcan
Also it’s not their money they use to make it wind through the courts. In this case said asshole should be liable for that cost out of his own pocket, but that will never happen. That’s the problem and that’s the difference and why it is so aggravating.
m1_ping
9mm
This isn't anything to worry about. Courts and judges have specific requirements for how documents are filed, summons are issued, and motions are made. When any of these are done incorrectly the court rejects it and instructs how to fix and try again. I see this kind of thing in most of the cases we are watching.
Disclaimer, as always. I'm not a lawyer, just a guy that reads a lot about federal courts because I want to know what's going on with our 2A rights.
RBean
.40 S&W
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 attention to all the rules. Also some times they are ambiguous and contradictory.
The plaintiffs in Frey case have certainly put themselves at risk. The cases, at least prior to Bruen, said a state could not prohibit carry but could regulate it. If you could carry open, didn't have a right to carry concealed. If you could carry concealed, had no right to carry open. It would not surprise me if they are arrested by the end of next week. God bless them. They are going where I would fear to go.
The plaintiffs in Frey case have certainly put themselves at risk. The cases, at least prior to Bruen, said a state could not prohibit carry but could regulate it. If you could carry open, didn't have a right to carry concealed. If you could carry concealed, had no right to carry open. It would not surprise me if they are arrested by the end of next week. God bless them. They are going where I would fear to go.
RBean
.40 S&W
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 Friday.
maverick52
.223 Rem
Do you think NYS would appeal to the supremes? I think they’re afraid if that, right?
That_FNG
.308 Win
I think nys is pompous and arrogant, which will be there downfall. Look at how they reacted when antonyuk vs bruen was dismissed. Rome is burning and they are too full of themselves to see it.