NYSRPA and unsafe lawsuit

[Celt]

I am no fan of this organization because of how Tom King has disparaged and talked down about many of us gun owners. However, this was the only viable lawsuit looking to challenge the unsafe Act.

I know that when Justice Antonin Scalia passed away ( may he rest in peace) they withdrew the lawsuit. My question is, can they get this lawsuit back in play when Trump has the scotus in our favor? And do we have to do anything to push them to do so?

 

[Criticalt]

Have members demand they re-file the suit. If they want to stay in business, they will listen.

 

[Celt]

For what it's worth I just sent a lengthy email to the nra-ila Via this link. I will also be emailing the NYSRPA as well. And once Trump is inaugurated, I will send weekly emails until we get some results. My email to the nra-ila was about more than just the unsafe act challenge. It was about how we in New York have been abandoned by the NRA and that we need help on a federal level to force the states to recognize Heller and McDonald.

NRA-ILA | Contact NRA-ILA

 

[pjzwtl]

I am not a fan either but I did support their withdrawal after Scalia passed. Why go headlong into a loosing battle which would only set precedent? Once Scalia is replaced with a like minded judge it MAY have a shot but I would prefer one of the older lib judges step down or just "move on" and another pro 2A judge fill a second slot to feel comfortable. I do not trust the 5-4 to hold and rumor has it neither did Scalia which may be why so many cases were denied cert. A true 5 judge originalist majority would be the ideal situation...Just my .02

 

[Catskillkid]

I am not a fan either but I did support their withdrawal after Scalia passed. Why go headlong into a loosing battle which would only set precedent? Once Scalia is replaced with a like minded judge it MAY have a shot but I would prefer one of the older lib judges step down or just "move on" and another pro 2A judge fill a second slot to feel comfortable. I do not trust the 5-4 to hold and rumor has it neither did Scalia which may be why so many cases were denied cert. A true 5 judge originalist majority would be the ideal situation...Just my .02

Agree 100%. I want unSAFE thrown out just as much as anyone, but I'm willing to wait a few years to get a super majority of justices on our side to ensure victory. Some of the so-called "conservatives" on the court (Kennedy, Roberts...I'm looking at you) can't be trusted.

 

[MilesTeg]

Agree 100%. I want unSAFE thrown out just as much as anyone, but I'm willing to wait a few years to get a super majority of justices on our side to ensure victory. Some of the so-called "conservatives" on the court (Kennedy, Roberts...I'm looking at you) can't be trusted.

The real question is when this does happen, can we refile at the supreme court level or do we need to start from the bottom up again?

 

[Celt]

The real question is when this does happen, can we refile at the supreme court level or do we need to start from the bottom up again?

That is part of my question. And I do agree that even with one Justice replaced it could be a dicey situation.

We just have to hope that Ginsburg or Breyer step down, but I doubt they will do it on their own accord. It would have to be from natural causes I think.

 

[Deplorable Me]

For what it's worth I just sent a lengthy email to the nra-ila Via this link. I will also be emailing the NYSRPA as well. And once Trump is inaugurated, I will send weekly emails until we get some results. My email to the nra-ila was about more than just the unsafe act challenge. It was about how we in New York have been abandoned by the NRA and that we need help on a federal level to force the states to recognize Heller and McDonald.

NRA-ILA | Contact NRA-ILA

I like your way of thinking. FWIW copy SCOPE on your correspondence to NYSRPA/NRA. I'm planning on writing Trump and reminding him of his visit to an unSafeAct rally in his past.

Cuomo's removal from office for corruption is still in play. That's another front that has to be engaged at the federal level. Cuomo needs to be bitch slapped as many ways as possible.

 

[SigLady]

Was it just rumor then that a few of the SCOTUS justices were considering retirement?

 

[MilesTeg]

They were considering it when they thought Hillary was a shoe in.

 

[BerettaGuy]

Again, I will re-iterate! NY Pistol Law is vastly different from the other states.
IN NY to own a handgun you need a License to Carry Concealed yes I know the law states that the state shall issue on a premises permit but find a "premises permit" in your county. Bottom line. If Trump has a NY State Pistol Permit to Carry Concealed. He may also think that that's the way it is everywhere.
Getting permission to own and the registering that firearm and paying a total minimum of between 3 and 400 dollars to get that permission is an infringement. PERIOD!

The whole Sullivan law needs to be scrapped. (Tough to do when is has been accepted for over 100 years.)

It is Capricious and Arbitrary. No two counties do it the same way.
It discriminates against the poor. Fork over 300 bucks just to beable to go purchase a gun for 2 or 3 hundred more?
It is a scheme. A scheme for the connected allows for political favors. Again, varies between counties.
It is unconstitutional. What friggin part of shall not be infringed is so friggin hard to understand.

Should be buying a handgun the same as any rifle or Shottie.
If you want to CCW then get a license.

Overturn it and Tom King is unemployed. Now SCOPE is making overtures to NYSRP to mend the fences. WTF.

Starting to see the big picture yet?

 

[Magnus]

Trump owes the NRA a lot of favors I'm guessing. I definitely see the safe act being challenged again after Trump is in and settled. The problem is still of course gorilla face, and his supporters. Hopefully with all the corruption crack down in NY, his friends list is a little smaller.

 

[Magnus]

Overturn it and Tom King is unemployed. Now SCOPE is making overtures to NYSRP to mend the fences. WTF.

Starting to see the big picture yet?

Similar to the NRA letting us be the whipping State for gun control. The other States who don't want to end up like NY, donate big time.

 

[fartgamer]

Was it just rumor then that a few of the SCOTUS justices were considering retirement?

Kennedy will be gone soon, he hinted at leaving in 2012 but stayed when the Bummer was re-elected. Look for him to go.

 

[pjzwtl]

Thomas has also hinted he doesn't want to stay for life. He is on our side so a replacement would be a wash except the replacement would be there hopefully longer.

 

[SigLady]

I really like Thomas. I remember when he was appointed (i was young, so barely, but still...)

 

[Onegunnotenough]

Thank God Trump is in first and formost. I think they were holding the suit hoping this would happen, before they move on it, we still need a justice to replace Anton. going to be very interesting to see what pans out, what about a federal law right to carry he wants to go thru? This is a very good time to be a pro gunner, finally.....

 

[JaguarJaguarGolf]

I would think that if President-Elect Donald Trump has a pistol License it is a NYC license issued by the Police Commissioner not a NY State county supreme court judge/licensing authority issued license.

 

[SigLady]

It is. It's a NYC carry license. He's spoken at length anout how difficult it is to get one in NYC.

 

[Robin]

Why don't they get rid of King and put someone in there that will fight!
Robin

 

[Onegunnotenough]

It is. It's a NYC carry license. He's spoken at length anout how difficult it is to get one in NYC.

trump has a NYC full carry,unrestricted red card.. I know for a fact, My retired friend who worked there delt with Trump, Deniro, etc... Btw, Deniro lost his for awhile, I will say allegedly as I don't want any trouble, due to some kind of domestic incidence,what I heard. But its ok Deniro has a full ccw, but nobody can unless ur rich,famous, Chuck Shumers wife or dating Deblasio's daughter....

 

[SigLady]

trump has a NYC full carry,unrestricted red card.. I know for a fact, My retired friend who worked there delt with Trump, Deniro, etc... Btw, Deniro lost his for awhile, I will say allegedly as I don't want any trouble, due to some kind of domestic incidence,what I heard. But its ok Deniro has a full ccw, but nobody can unless ur rich,famous, Chuck Shumers wife or dating Deblasio's daughter....

What does a good liberal like deniro need a gun for?

 

[togmaster]

or dating Deblasio's daughter....

 

[Celt]

Again, I will re-iterate! NY Pistol Law is vastly different from the other states.
IN NY to own a handgun you need a License to Carry Concealed yes I know the law states that the state shall issue on a premises permit but find a "premises permit" in your county. Bottom line. If Trump has a NY State Pistol Permit to Carry Concealed. He may also think that that's the way it is everywhere.
Getting permission to own and the registering that firearm and paying a total minimum of between 3 and 400 dollars to get that permission is an infringement. PERIOD!

The whole Sullivan law needs to be scrapped. (Tough to do when is has been accepted for over 100 years.)

It is Capricious and Arbitrary. No two counties do it the same way.
It discriminates against the poor. Fork over 300 bucks just to beable to go purchase a gun for 2 or 3 hundred more?
It is a scheme. A scheme for the connected allows for political favors. Again, varies between counties.
It is unconstitutional. What friggin part of shall not be infringed is so friggin hard to understand.

Should be buying a handgun the same as any rifle or Shottie.
If you want to CCW then get a license.

Overturn it and Tom King is unemployed. Now SCOPE is making overtures to NYSRP to mend the fences. WTF.

Starting to see the big picture yet?

I agree 100%. And the Sullivan act does need to go. However that would be a state-level issue I think. Unless it can be proven that it violates the Heller and MacDonald decisions.

 

[kev74]

The NYSRPA's lawsuit challenging un-Safe was weak. I think we lucked out that it was dropped before it further damaged our cause.

After we get a favorable Supreme Court, I'd love to see SAF and Gura take a crack at un-Safe.

 

[Gunright]

The real question is when this does happen, can we refile at the supreme court level or do we need to start from the bottom up again?

I think (but am not positive) that the appeal must take place within 90 days of the court of appeals decision.

Edit:
2-4.114 - Criminal Cases—Petitions for Writs of Certiorari
Petitions for writs of certiorari to the Supreme Court by either party in a criminal case must be filed within 90 days after entry of judgment, but this time may be extended for a period not exceeding 60 days for good cause shown, provided the extension is requested at least 10 full days before the petition is otherwise due.See Rules 13.1, 13.5, Rules of the Supreme Court.

(Still not sure this is correct for the NYSRPA case, just throwing this out there.)

 

[C3D]

I would worry quite a bit about rushing this. A Trump pro-2A replacement merely returns the court to where it was before J. Scalia's passing, meaning a court unwilling to take any gun cases because of an even ideological split with Kennedy in the middle and barely on the side of the RKBA being an individual right. In that environment a SAFE case could well be a loser as Kennedy may be less willing to support the ownership of EBRs.

We need another liberal side justice to die or retire, and only then can we go forward. If only Ruth Bader Ginsburg would join one of those anti-Trump highway demonstrations . . .