Brief Filed Against Sullivan Act

[Jim Ostrowski]

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 conference after.

This case is being done a shoestring by grassroots activists. If you like the aggressive style of the brief, please feel free to make a small donation. Thanks.

Our ultimate goal is to get to the Supreme Court.

Click here to support N.Y. Unlawful Gun Law, Challenge organized by David Mongielo

 

[Deplorable Me]

I like the fact that someone is constantly attacking this and has not given up. Doing nothing is not an option. I met you in Batavia earlier this year and am glad to see some still fighting on a serious basis. Hopefully the 2A movement will see some new energy in NY, more activist and some wins.

Never quit.

 

[Jim Ostrowski]

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 sugar daddy behind me. It's all sweat equity.

 

[Robin]

Thank you! I'll do what I can!!!
Robin

 

[Podmonkey]

I got you a little bit anyway. Kind of a bad time right now for me.

 

[ArmedCorgi]

I've only made it half way through, but felt I should say so far so good. I like it! You never know, I'm no lawyer but since the makeup of the supreme court is changing for the better, you may see a favorable ruling from the 2nd not wanting a conservative supreme court to strike their ruling down.

 

[Rethin]

Ok, I tossed some money into the pot. We need cases in the pipeline. Going after Sullivan in the home seems a good strategy.

 

[Twogunwilly]

Donation coming tomorrow

 

[ArmedCorgi]

I'll be making a donation and I am writing the board of my gun club to see about bringing this up at our next meeting.

 

[Criticalt]

Good luck, we need a good win.
My contribution is incoming.

 

[Dr. Evil]

Donation sent. Thank you!

 

[RBean]

Jim,

I read the brief and will probably be stealing some from it. I have four pistol license suspension/denial cases EDNY. Summary judgments are pending in two of them. We have no standing problem as the permits were suspended or denied. We have no immunity problems as the licensing officers in Nassau and Suffolk are cops. Since Heller there is no difference regarding rights whether long guns or pistols. We are arguing that when a pistol license is delayed, denied, suspended or revoked the person has been deprived of a right. Thus they are entitled to a "prompt post deprivation hearing" before a neutral party with the licensing officer have the burden of proof as to way the right's violation should continue. 2nd circuit already confirmed Razzano case with Panzella.

Of course under the NY pistol laws, there can be no neutral person having the hearing because the licensing official has total control under the statute. It is impossible to comply with "due process" requirements under the current law, so the whole thing is unconstitutional.

First step is the court must recognize it as a right and not a privilege to be denied or bestowed at a whim. Also with Trump appointing a new SC justice, our cases may be taken more seriously.

 

[Acer-m14]

nice read .. had to google a few times ..freaking Latin words .. this shit should be all in common English so the people can read and understand LOL ..

just wished you could have tossed in some of NY's top gangs names and how they get permits or show the catch n release they get since they get bail and are out in less then a week .. how did they pay for bail .. ummmm drug selling $$$ but a lawful person practically has to give up there DNA to get one .. and when falsely accused has to go bankrupt to get them back if they ever do ..

 

[BuffNiag]

More lawyers trying to get their names out there. Anyone remember the Tresmonds whom were going to save us all?

 

[FLA45fan]

More lawyers trying to get their names out there. Anyone remember the Tresmonds whom were going to save us all?

Still better than doing nothing. Thanks Jim

 

[Calculon]

I'm in - hope it helps.

 

[Podmonkey]

More lawyers trying to get their names out there. Anyone remember the Tresmonds whom were going to save us all?

It was the NRA's ill conceived suit that torpedoed the Tresmond thing.

 

[kev74]

More lawyers trying to get their names out there. Anyone remember the Tresmonds whom were going to save us all?

Anyone who does something is better than doing nothing.

Tresmonds were a lot of talk, but they were doing something. Even Shooter, who got a lot of crap flung his way, was trying something. I bet he had several hundred $ worth of postage and office expenses into his endeavor before it came to an end - all out of his own pocket.

 

[Dr. Evil]

More lawyers trying to get their names out there. Anyone remember the Tresmonds whom were going to save us all?

So I guess you aren't throwing anything into the kitty?

 

[BuffNiag]

So I guess you aren't throwing anything into the kitty?

I’m offering a “performance based award.”

 

[Dr. Evil]

I’m offering a “performance based award.”

You could have just said no.

 

[RBean]

I think once Kavanaugh is confirmed it is just a matter of time before NY's Sullivan Act is declared unconstitutional. It just depends on which case gets there first. Under Heller and McDonald it is clearly unconstitutional. All we need is five judges on the Supreme Court who can read and understand (shall not be infringed) the English language. A RIGHT cannot be summarily denied by a gov't official. Of course NY does not recognize it as a right. If RBG decides to take the big nap, so much the better. I read that the language about "long standing limitations" was put in Heller as a sop to Kennedy to get him the go with the majority. So he was the "weak sister" of the majority and probably the main reason the court has not taken a gun case since McDonald. The conservative group did not know what Kennedy would do and didn't want a negative precedent. Nor did the liberals know which was he would go. Roberts is not as conservative as the others, but I think he will be ok on the next gun case to come up. The gap between Heller and Art. 400 is simply too great to gloss over.

 

[Fezzik]

It was the NRA's ill conceived suit that torpedoed the Tresmond thing.

This!!

 

[Acer-m14]

@RBean @Jim Ostrowski

not sure if this will help or not .. but I like DIY ..

DOJ settles Landmark Gun Suit, Safeguarding The Second Amendment

 

[Marine Cpl]

Anyone who does something is better than doing nothing.

Tresmonds were a lot of talk, but they were doing something. Even Shooter, who got a lot of crap flung his way, was trying something. I bet he had several hundred $ worth of postage and office expenses into his endeavor before it came to an end - all out of his own pocket.

This. Little guys are forced to try because the NRA does nothing yet some of you think it's best to throw money at the NRA.

 

[ArmedCorgi]

So it looks like I'll be speaking about this at my club's meeting tomorrow @Jim Ostrowski. Any last minute info/encouragement is welcome. I hope I can get my club behind your effort.

 

[camper4lyfe]

nice read .. had to google a few times ..freaking Latin words .. this shit should be all in common English so the people can read and understand LOL ..

just wished you could have tossed in some of NY's top gangs names and how they get permits or show the catch n release they get since they get bail and are out in less then a week .. how did they pay for bail .. ummmm drug selling $$$ but a lawful person practically has to give up there DNA to get one .. and when falsely accused has to go bankrupt to get them back if they ever do ..

I'm with you. These documents in "legalise" are nearly impossible for me to understand.

 

[ArmedCorgi]

Well, I think my mention at my club meeting went well. I'm not the best public speaker so it is what it was. They are putting the relevant info in the news letter. We have 400 or so members, so hopefully that equates to more donations and word being spread.

 

[Carlos Hathcock]

Donated Jim. Thank you for your efforts to help us all. And as for BuffNiag, if your not interested in helping then STFU while the rest of us help you keep YOUR rights.

 

[Airborneguy]

More lawyers trying to get their names out there. Anyone remember the Tresmonds whom were going to save us all?

Shooter was a divorce attorney way in over his head. Total joke and obvious from the start.

Tresimond seemed to be serious and closer to reality, but had no funding or backing.