Bianchi v Frosh

[subsonic]

We've been so wrapped up with what's happening in New York post-Bruen that I've only found a mention of Bianchi v Frosh buried in another thread.

That case is huge; an assault weapons and magazine ban similar to the "SAFE" regime in New York that had been upheld here post-Heller pre-Bruen, including in NYSRPA v. Cuomo in 2013 (by Skretny).

Bianchi lost in Maryland district court and the 4th circuit court of appeals, but after Bruen SCOTUS vacated the lower decisions on June 30 and sent it back down for reconsideration in light of Bruen. When SCOTUS does this it is a very strong signal to the lower courts that their decision is wrong and they have to change it and get it right, or they will be corrected again.

So as big as CCIA is and as focused as it seems the challenges here have been on it and its "sister acts", it should really be a matter of time before the SAFE Act is truly and officially buried, we can ungimpify our guns, and freely own MAGAzines nationwide.

We can fully expect our legislature to try more yet more shenanigans, but we should also fully expect to see a "second amendment with teeth" at long last, nationwide.

 

[C3D]

I agree with your assessment 100%; but I'd add it could be two or more years before we see any effect from Bianchi percolate into NY.

(Bianchi will need to run through its court process and get to the Supreme Court before it becomes binding in New York; or, alternatively, one of the parallel cases in New York will need to up to the Supreme Court for resolution. The Second Circuit -- which has always been and remains very anti-RKBA -- will make sure that is necessary, and it takes time.)

 

[subsonic]

I agree with your assessment 100%; but I'd add it could be two or more years before we see any effect from Bianchi percolate into NY.

(Bianchi will need to run through its court process and get to the Supreme Court before it becomes binding in New York; or, alternatively, one of the parallel cases in New York will need to up to the Supreme Court for resolution. The Second Circuit -- which has always been and remains very anti-RKBA -- will make sure that is necessary, and it takes time.)

Well I misspoke when I wrote a matter of time before we "can ungimpify our guns, and freely own MAGAzines." I meant openly.

Bianchi has no reason to go to the Supreme Court again. The Supreme Court has already told the 4th Circuit that it has heard this case already and it was called Bruen. This is no different than when the Supreme Court ruled that jury verdicts have to be unanimous on an appeal in Ramos v Louisiana and then sent a bunch of other appeals back down for reconsideration in light of Ramos. It was telling them "we are not going to hear arguments and rule on this case because we already did in Ramos, don't waste our time, you got it wrong, read Ramos and get it right this time."

What should be happening in New York are the parallel cases including constitutional challenges to criminal charges or renewed civil challenges to the SAFE act. If there aren't criminal charges we've already won. Perhaps it's well past time for responsible lawful gun owners to simply stop privately complying en masse with the laws that SCOTUS has now clearly spoken are unconstitutional.

Anyone criminally charged at this point after Bruen just for these types of charges is like Tony Marchione getting shot down in Japan after the end of fighting and before formal surrender. One would hope that the full resources of the firearms community would come to their defense.

At some point no doubt SCOTUS will have to specifically weigh in on "features" and round limits etc to correct recalcitrant circuits. Some day gun shops in NY will have them in inventory.

 

[Saltwater60]

Hochul will laugh if the supreme court says we can have real assault weapons and it will still be illegal here. Who will stop her? What will be done if she doesn’t follow the Supreme Court ruling? Nothing as long as democrats are in charge. Can’t sue her personally so best you can do is spend a ton of money suing and hoping the tax payers give you some relief. They know what they are doing is unconstitutional but they are hoping we blow through our money and they will just keep passing laws. Seems that’s what will happen because there’s 10 church lawsuits going on right now, 10 might be an over statement

 

[Acer-m14]

there were no gun laws back in 1791 NYSRPA vs Bruen ..

case closed ..

 

[Acer-m14]

Can’t sue her personally

so just drop her title and flood her with

Letter of Intent to Sue (with Settlement Demand) | Sample

A letter of intent to sue notifies a defendant that a lawsuit may be filed against them in court if demands are not met. The letter will summarize the alleged...

eforms.com

mind games .. LOL ..

 

[Grimscale]

Can’t sue her personally

What she is doing is not within the bounds of her job. She was told by the highest Court that her behavior was not in agreement with the Constitution. Thus she is acting on her own, with the support of other politicians who are disregarding the Constitution.
Thus, she, and they, can be sued for civil Rights violations.

The whole "qualified immunity" and "political exemptions" laws were never to protect criminal legislators who violate the Law. If they were then there would be no other option but to remove them, forcefully if necessary.

 

[Saltwater60]

What she is doing is not within the bounds of her job. She was told by the highest Court that her behavior was not in agreement with the Constitution. Thus she is acting on her own, with the support of other politicians who are disregarding the Constitution.
Thus, she, and they, can be sued for civil Rights violations.

The whole "qualified immunity" and "political exemptions" laws were never to protect criminal legislators who violate the Law. If they were then there would be no other option but to remove them, forcefully if necessary.

I’ll also add she has said many times that it’s her responsibility to keep us safe so she should be held liable for all instances where guns are banned but neither will happen.

 

[Acer-m14]

I’ll also add she has said many times that it’s her responsibility to keep us safe so she should be held liable for all instances where guns are banned but neither will happen.

wonder what the Polk County Sherriff in Florida would do if he was the Sherriff where Albany is or where the Witch lives ??

he loves going after rotten apples , even his own cops