NY's Vindictive Plans for carry - special session next week to respond to SCOTUS's ruling. (Merged)

[spat]

Common law are principles that can be used in any court when you assert your rights. Common law entails things like due process of law and the right to trial by jury. common law dictates that for a crime to be committed there needs to be an injured party.

Those things all derive from common law, but you can only rely on them in court because they are codified in actual law, or precedent.

The ability to reference common law in court is very limited, and it's basically only where black letter law is unclear.

 

[spat]

So to steal is okay by your standard…to rape , murder, is okay. Fire codes or building standards are illegal by that point of view. So is product safety laws.
Government agencies have some power over us as granted by Congress, common law, or by the state/local government. You should really study some history of the constitution and the powers of the state governments before 1960. Local cops didn’t need a warrant unless state constitution required it up until 1960. Miranda warnings were 1962.
Terry v Ohio which SCOTUS explained how a cop could stop, frisk and possibly search someone was actually the court limiting police powers. Before then, a cop could search you on a mere hunch or any reason. That case was in 1968.
So the founding fathers would have been okay with police powers that we would not want to today. Go look up what they did to enforce their laws.

The biggest mistake the sovereign citizens make is thinking the government actually cares if they're right.

They believe there is this massive usurpation of power from the people (and they're not wrong there).

But they think it can be undone by pointing out that the guys who have stolen that power forgot to fill out the right paperwork.


That's as silly as pointing out that Putin's invasion of Ukraine is illegal because Russia agreed to respect their sovereignty in exchange for their nukes, and then expecting him to pick up his troops and go home when you bring it up.

 

[Defilade]

The right advice. This came down on July 4th weekend . Almost nothing gets done on July 4 weekend .
We should see an injunction attempt within the next two weeks. I’m

Thst’s straight out of the sovereign citizen playbook. Not only doesn’t it work for them but they are wrong about English common law. The injured party for violating a law in the common law days would be the authority of the crown/government.

Want more “proof” that what you are writing about needing an injured party is BS and doesn’t hold water. Sovereign citizens don’t get driver’s licenses, registration on their cars but they do get arrested and convicted of driving with a license.
Domestic violence victims often don’t want to press charges — the state doesn’t care. Violation of an order of protection but the woman says it’s okay for him to come over? Doesn’t matter, he violated the judge’s order.
There is even historical examples of when Washington was president

Read your 7th amendment.

 

[Defilade]

Those things all derive from common law, but you can only rely on them in court because they are codified in actual law, or precedent.

The ability to reference common law in court is very limited, and it's basically only where black letter law is unclear.

Nothing in the legal system run by the BAR ever ends well for we the people. The only chance we seem to have is common law because we will never receive justice except by Trial by Jury under Common Law. My opinion.

 

[spat]

Nothing in the legal system run by the BAR ever ends well for we the people. The only chance we seem to have is common law because we will never receive justice except by Trial by Jury under Common Law. My opinion.

Why do you think the people running the current system will accept any argument along those lines, no matter how valid it is ?

 

[Defilade]

Why do you think the people running the current system will accept any argument along those lines, no matter how valid it is ?

Explained here...

Common Law in the U.S. Constitution:​

The seventh (7th) amendment to the Constitution of the United States is a safeguard and guarantees that everyone has the right to file a suit using common law and it places an additional guarantee with that right – the right to a “trial by jury” shall be preserved (which is different than a statutory “jury trial”).

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of common law.

We see that the right to a “trial by jury” is mentioned twice, at the beginning and end. At the beginning it establishes that we have the right to file a suit using common law, and at the end it establishes that whenever a jury is called, the common law shall be their guide.

 

[spat]

Explained here...

Common Law in the U.S. Constitution:​

The seventh (7th) amendment to the Constitution of the United States is a safeguard and guarantees that everyone has the right to file a suit using common law and it places an additional guarantee with that right – the right to a “trial by jury” shall be preserved (which is different than a statutory “jury trial”).

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of common law.

We see that the right to a “trial by jury” is mentioned twice, at the beginning and end. At the beginning it establishes that we have the right to file a suit using common law, and at the end it establishes that whenever a jury is called, the common law shall be their guide.

What do you suppose would happen if Al Capones goons showed up asking for their protection money, and you pointed out you didn't have to pay because what they were doing was illegal ?

Why do you suppose anything would be different with the current gangsters running things ?

 

[Deplorable Me]

Unions collude with Hochul to violate 2A rights. Historically many of the unions were ripe with corruption and organized crime.

In retrospect, Hochul can sleep well in NYC hotels full well knowing the floors have been cleared and floor doorways are guarded by NYSP with access to full automatics.

NYC hotels slam door on guns following agreement with organized labor

New York City hotels are taking a hard line on firearms.

nypost.com

 

[Cavalry]

The signing into an FFL's bound book --dealer or gunsmith, or both, of a gun for work has been a Federal requirement for decades.

A man left an old gun with an FFL for appraisal, and the FFL signed the gun into his bound book.

When the man returned to retrieve the gun, a NICS check was run, despite the mans protests to just give him his gun back, and offers to sell the gun to the FFL. In either case NICS would need to be done now, and it was..............man was a felon, and went to jail, where he died a few years later.

Not exactly. While a FFL has to log in a gun left in the shop, as long as its going back to the same person no NICS/4473 is necessary.
In your story the old man went to jail for what exactly? Its very very rare for a prohibited person to face consequences following a NICS failure. There is either way more to this tale or its fuddlore.

Does a licensed gunsmith have to conduct a NICS background check before returning repaired or customized firearms? | Bureau of Alcohol, Tobacco, Firearms and Explosives

No, if the firearm is being returned to the person from whom it was received. However, if the firearm is delivered to someone other than the person from whom it was received, a NICS background check is required. [18 U.S.C. 922(t); 478.124(a)]

www.atf.gov

 

[Truebeliever]

Read your 7th amendment.

Civil juries? Really ? And it applies to finders of fact, not law.

 

[Phazer]

Let’s see if they can even put this together. I get the sense this is all a show for the election. NYSP has till April 2023 to get their system up and running. They couldn’t do it the first time, let’s see it happen now.

Suddenly, I see the Left's wisdom in defunding the police.

 

[Onegunnotenough]

So if you can't have a firearm on mass transit or conceal carry on mass transit,how do I go to the gun range now? Am I still allowed to carry it in a locked box ? Or do I have to buy a car? How do I get to police plaza for gun inspection without the train or bus?

 

[Rap]

Unions collude with Hochul to violate 2A rights. Historically many of the unions were ripe with corruption and organized crime.

In retrospect, Hochul can sleep well in NYC hotels full well knowing the floors have been cleared and floor doorways are guarded by NYSP with access to full automatics.

NYC hotels slam door on guns following agreement with organized labor

New York City hotels are taking a hard line on firearms.

nypost.com

Amazing. Simply amazing.

 

[Celt]

I haven't caught up on this thread and there's way too many pages for me to comb through at this point. Do we have any bullet points of all of the new infringements that she just signed into law?

 

[Deplorable Me]

Amazing. Simply amazing.

Meanwhile hotel workers are going through your gear in your room and pilfering your prescription drugs. Almost as bad as airport luggage handlers.

Next time I'll put laxatives in my medicine bottles.

 

[Day444]

What's the date for all this nonsense to go into effect?

 

[Steal2B]

What's the date for all this nonsense to go into effect?

It's actually depends on which unconstitutional infringement you are asking about (what you can bear, when you can bear, how you can bear, where you can bear, what you can buy, how you can buy, when you can buy, how you store, when you store .. ). Some already took effect, some are Sept 1st, some are next year .... some have variable dates with multiple triggers. FUKH

 

[4WHLDRFTN]

What's the date for all this nonsense to go into effect?

56days til the bully punches you in the face AGAIN

 

[GTN]

I was out to the Firing Pin yesterday and they had a list of the dates when things kicked in. I should have taken a photo of it to post. The one thing that list didn’t have listed was when does the new “sensitive areas” law kick in?
Anyone know?

 

[Grimscale]

the politicians are immune.

Not if you actually read the "qualified immunity" rules.
By going outside their duties to impose unConstitutional laws they no longer have qualified immunity. They can be sued.

Every "law" that has been ruled unConstitutional by the S.C. is one more chance to financially drain these tyrants.

 

[Glock_USA]

I was out to the Firing Pin yesterday and they had a list of the dates when things kicked in. I should have taken a photo of it to post. The one thing that list didn’t have listed was when does the new “sensitive areas” law kick in?
Anyone know?

September 1

 

[pshift]

Guys, here is a good summary of the laws with the updates from handgunlaw.us. They are great for keeping us informed about the changes.

https://handgunlaw.us/states/newyork.pdf

 

[Glock_USA]

 

[Glock_USA]

Every time these idiots pass laws I think they can't get any dumber. Then they one up themselves.

Live fire training - in a state that won't let you touch a handgun without a permit. Wonder how that works?

They changed the law so you can train without a permit.

 

[Glock_USA]

Welcome. The individual counties will be as powerless as you are. These are state laws that the counties need to follow, but the counties can make stricter laws than the state laws. You may here of some counties or cities claiming to pass 2a sanctuary laws, but those are as meaningless as you saying the laws of NYS don’t apply in my house or on my property.

What about the prosecutors? Couldn't a 2A friendly county just not prosecute people? Or how about the police grow a pair and ignore the unconstitutional laws?

 

[Glock_USA]

In theory the first court to hear it should strike it down in accordance with the new SCOTUS directives.

NYS can appeal that decision as far as they want, but it should be a non starter in front of any even remotely honest judge.

I have no confidence that the courts will follow the law though. There are no meaningful consequences for a judge who ignores it due to personal prejudices.

I heard someone on the radio say that it might have to go back to SCOTUS so they can define what sensitive places are. Like maybe just a supporting document to clarify.

 

[maverick52]

Maybe they should also take a hard stand on letting pimps traffic young girls through their hotels.

 

[Edwardteach72]

I heard someone on the radio say that it might have to go back to SCOTUS so they can define what sensitive places are. Like maybe just a supporting document to clarify.

That's not how that works but okay lmfao

 

[Glock_USA]

That's not how that works but okay lmfao

Yea I dont know exactly what the process is but there will need to be some clarifications for sure.

 

[Steal2B]

Not if you actually read the "qualified immunity" rules.
By going outside their duties to impose unConstitutional laws they no longer have qualified immunity. They can be sued.

Every "law" that has been ruled unConstitutional by the S.C. is one more chance to financially drain these tyrants.

In most cases, I believe it is the State's taxpayers being financially further drained by these tyrants. I believe the act of tar and feathering politicians, which was a common practice during the period of our founding, needs a strong traditional comeback to start the ball rolling. What do you know about pitchforks and torches?
.