Assault Weapon Ban Challenge

[REF]

Not sure if this is the correct place for this or if it’s already been posted but:

Judge allows challenge to NY assault weapons ban to proceed

A federal judge is allowing a challenge to New York’s assault weapons ban to proceed after he denied a motion to dismiss the lawsuit Thursday. Two people supported by gun rights advocacy groups sue…

thehill.com

 

[REF]

Won’t go anywhere, I’m sure , but a small win is a win, I guess.

 

[jimc]

So the plaintiff has to get license to buy a semi-auto before they can sue for not being able to buy the model firearm they want? This whole 'injury-in-fact' and 'no standing' thing is BS.

 

[livingston]

BREAKING 2A NEWS! NEW YORK FAILS TO DISMISS AR BAN CASE!​

US District Court judge in the Southern District of New York denies the state's motion to dismiss legal challenge to the state's assault weapon ban...

 

[gun_slinger_boy]

It gets tiresome watching this stuff. This will be in litigation for years and when it finally comes to a close NY will do what it wants anyway. Because no teeth. And at the end of the day you will STILL need to have a permit to buy this stuff. NY is such an entirely lost cause.

 

[Saltwater60]

I’m certain this will get squashed based on lack of standing.

 

[Dr. Evil]

A few years ago I would have been much more excited than I am now about something like this. The term, "Breaking News" has turned into the veritable boy that cried wolf.

 

[MothMan]

So the plaintiff has to get license to buy a semi-auto before they can sue for not being able to buy the model firearm they want? This whole 'injury-in-fact' and 'no standing' thing is BS.

no

 

[MothMan]

judge decided that getting a license to buy a rifle that can't be purchased is circular logic and dismissed the arguement

 

[MothMan]

I’m certain this will get squashed based on lack of standing.

nope judge decided that plaintiffs did not have to be arrested to gain standing

 

[Saltwater60]

nope judge decided that plaintiffs did not have to be arrested to gain standing

This judge ruled that but the next level judge will determine that since they don’t have a semiautomatic license they don’t have standing to sue for being denied an assault rifle. The Supreme Court said gun licenses are constitutional so I expect nothing less

 

[Apeman]

The attorneys for the state officials also contended that the lawsuit should be dismissed because the individuals have not proved that they have “suffered an injury-in-fact.”

Just not being able to buy the same gun that 90% of Americans can buy is an infringement and unconstitutional.

The easiest thing to do is add plaintiffs that hold a semi auto license to the suit but it probably can't be done at this point.

So much bullshit with these NY laws they can be attacked at multiple fronts. Saltwater is right though it'll just be struck down by the next judges. And then the next one will be dismissed too.

 

[Uzi]

big fookin' yawn.

 

[GOPerfect]

I really have a tough time believing that there are any people in NY that think these laws are ever going to reversed or overturned....

 

[That_FNG]

I think the feature ban and standard capacity magazine ban will be done away with. I can see it ending up we can legally have such things but it will require a license or endorsement. The anti’s know it too. Hence why the big push towards regulation of ammo as well as the semi auto rifle endorsement.

 

[Phazer]

I think the feature ban and standard capacity magazine ban will be done away with. I can see it ending up we can legally have such things but it will require a license or endorsement. The anti’s know it too. Hence why the big push towards regulation of ammo as well as the semi auto rifle endorsement.

Dreams are nice.

 

[Grimscale]

Can't we just put these license laws to bed already?
All the Left needs to do is show us a copy of Thomas Jefferson's flintlock permit and license and we'll shut up.

Until then, no license should ever be necessary for a Right.

Still waiting for a Conservative State to require permits and licenses to vote.

 

[Saltwater60]

Can't we just put these license laws to bed already?
All the Left needs to do is show us a copy of Thomas Jefferson's flintlock permit and license and we'll shut up.

Until then, no license should ever be necessary for a Right.

Still waiting for a Conservative State to require permits and licenses to vote.

Problem is Kavenaugh and I think Thomas along with Alito said in Bruen a permit is ok as long as it’s not too costly or burdensome to get. So that’s been put to bed but not in our favor. I think NYS has taken it too far in time, length, and money output to get a license/permit but I don’t think they are going anywhere. Of course I don’t like them and I’m refusing to get the semi auto endorsement because I think NYS will ban semi auto rifles.

 

[Saltwater60]

I think the feature ban and standard capacity magazine ban will be done away with. I can see it ending up we can legally have such things but it will require a license or endorsement. The anti’s know it too. Hence why the big push towards regulation of ammo as well as the semi auto rifle endorsement.

If this doesn’t go away and they win this lawsuit I firmly believe NYS will ban the sales and transfer of all semi auto rifles. You will likely be able to keep the ones you have if you register them. They have said it many times they want to ban these and they plan to. This lawsuit is more important than we might think. I’m not sure it will go the way you think. This judge said it’s good to proceed but someone along the way like the second circuit will say no standing or allow the state a victory.

 

[Zerex]

The state was dead wrong and committed perjury...................the semi law is not applicable, as the 2013 AWB predated the semi registration scheme........it is not possible to buy an AW in NYS or sell to another registrant even with a semi endorsement.

2nd Ct of Appeals will overturn, but this is another case that SCOTUS is aware of,and they read every Fed ct decision.

The Hydrogen Bomb .......................is coming to NYS, from SCOTUS AGAIN........

 

[spat]

So the plaintiff has to get license to buy a semi-auto before they can sue for not being able to buy the model firearm they want? This whole 'injury-in-fact' and 'no standing' thing is BS.

Should have just tacked on another complaint for "you can't license a right".

 

[Rocpo]

I don't mind a license as long as it's reasonable to get...
and as long as there's also a license to vote using the same requirements.
And a license to have free speech using the same requirements.

 

[Grimscale]

And a license to have free speech using the same requirements.

Pardon me, but you appear to have forgotten to display your permit to make this statement on a public forum. You might want to remedy that.

/sarcasm

Seriously, though, I totally agree. If they must curtail rights, they might as well curtail all of them. Maybe that'll wake up some of the sheep.

 

[REF]

The attorneys for the state officials also contended that the lawsuit should be dismissed because the individuals have not proved that they have “suffered an injury-in-fact.” Karas also pushed back on the argument, saying that the individuals “have also demonstrated that they face a credible threat of enforcement if they follow through with attempting to acquire assault weapons.”

 

[John Stark]

The Supreme Court said gun licenses are constitutional so I expect nothing less

Problem is Kavenaugh and I think Thomas along with Alito said in Bruen a permit is ok as long as it’s not too costly or burdensome to get. So that’s been put to bed but not in our favor.

16 years after Heller and people are still parroting what the Densheviks in the media pump out rather than actually reading the controlling rulings.

The Supreme Court ruled in Heller that states can require a permit to CONCEALED CARRY and ruled in the favor of DIck Heller that DC was violating his right to obtain a permit to do so in that juristdiction. They also made it clear that the DC process to get a concealed permit did not pass must with Due Process or Equal Protection, and made the DC issuing authority rework their CONCEALED CARRY permit so that it was objective, fair, and an open process to all applicants.

They certainly DID NOT affirm any kind of permitting scheme dealing with long guns, or hand guns carried openly.

Indeed, Scalia said specifically that while the states could require a permit to conceal carry (without claiming that states MUST or SHOULD require a permit to CC), they made it explicitly clear that open carry "is the Right protected."

We can see this at work in the Constitutional Carry states, which for all practical purposes make up more than half the states in the Union now. These states have opted to NOT require a permit to carry concealed, as is their prerogative under Heller.

The states are not required to offer permitless concealed carry, but they are free to go that route.

They are NOT allowed, as a matter of the clear text of the Second Amendment, backed up by the history and tradition that gave that amendment to us, to require permits for open carry of any Arms that are not "dangerous and unusual" and under a few other strictures like carrying in a court of law.

Stop repeating the lies of the government owned and operated yellow journalists.

In the past 16 years, have you carefully and thoughtfully read all of Heller, McDonald, Cetano, and Bruen, having made sure you understood the points they were making?

From where I'm sitting, you clearly have not.

 

[Saltwater60]

16 years after Heller and people are still parroting what the Densheviks in the media pump out rather than actually reading the controlling rulings.

The Supreme Court ruled in Heller that states can require a permit to CONCEALED CARRY and ruled in the favor of DIck Heller that DC was violating his right to obtain a permit to do so in that juristdiction. They also made it clear that the DC process to get a concealed permit did not pass must with Due Process or Equal Protection, and made the DC issuing authority rework their CONCEALED CARRY permit so that it was objective, fair, and an open process to all applicants.

They certainly DID NOT affirm any kind of permitting scheme dealing with long guns, or hand guns carried openly.

Indeed, Scalia said specifically that while the states could require a permit to conceal carry (without claiming that states MUST or SHOULD require a permit to CC), they made it explicitly clear that open carry "is the Right protected."

We can see this at work in the Constitutional Carry states, which for all practical purposes make up more than half the states in the Union now. These states have opted to NOT require a permit to carry concealed, as is their prerogative under Heller.

The states are not required to offer permitless concealed carry, but they are free to go that route.

They are NOT allowed, as a matter of the clear text of the Second Amendment, backed up by the history and tradition that gave that amendment to us, to require permits for open carry of any Arms that are not "dangerous and unusual" and under a few other strictures like carrying in a court of law.

Stop repeating the lies of the government owned and operated yellow journalists.

In the past 16 years, have you carefully and thoughtfully read all of Heller, McDonald, Cetano, and Bruen, having made sure you understood the points they were making?

From where I'm sitting, you clearly have not.

It was brought up again in Bruen that licenses are acceptable. That’s fine that you think and this case pertains to concealed carry licenses but NUS by law requires a license to obtain a semi automatic rifle and until that’s overturned or not then these plaintiffs can’t legally buy a semiautomatic rifle in NYS currently. I fell this will cause them to lack standing. I could also see the license being allowed for other guns.

 

[libertysnake]

A few years ago I would have been much more excited than I am now about something like this. The term, "Breaking News" has turned into the veritable boy that cried wolf.

This isn't going to get solved in the courts. Time has been our proof of that.

Only action will solve this. Starving this state of resources is the only way they will learn. And once it burns down from us all leaving, once there is no more blood to get from the stone which are the good people of this state, it will finally be ripe to rebuild. I'll gladly stand in line to reclaim our home when all the trash has left for greener pastures.