By ignoring it entirely and allowing the lower courts to cover their asses. They’ve been doing this since Heller, why would they stop now? Lol
NYSRPA v. Bruen, NY 2A Case Supreme Court case and decision
- Thread starter ManualF150
- Start date
That's not the definition of an appeal but nice try
It was more like word play dude. Didn’t mean an actual legal appeal lol. Drink some coffee bro
Not to be a downer but I see NY ignoring the ruling. What I mean is they’ll continue business as usual and rely on the lower court judges to interpret SCOTUS decision in NY’s favor if anyone else sues them for not following SCOTUS.
District judges in NY will grant extension after extension so the first case will take 18 months from SCOTUS decision. Then on to 2nd circuit again, they’ll kick it back down to district. It’ll be at best 2 years before a single remedy is seen from SCOTUS decision.
Is that wording better for you Sir?
kev74
20×102mm Vulcan
nortatoga
.338 Win Mag
nortatoga
.338 Win Mag
mandamus
Mandamus
Primary tabs
Overview
A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. (See, e.g. Cheney v. United States Dist. Court For D.C. (03-475) 542 U.S. 367 (2004) 334 F.3d 1096.) According to the U.S. Attorney Office, "Mandamus is an extraordinary remedy, which should only be used in exceptional circumstances of peculiar emergency or public importance."Mandamus at the Federal Level
In the federal courts, these orders most frequently appear when a party to a suit wants to appeal a judge's decision but is blocked by rules against interlocutory appeals. Instead of appealing directly, the party simply sues the judge, seeking a mandamus compelling the judge to correct his earlier mistake. Generally, this type of indirect appeal is only available if the party has no alternative means of seeking review.The All Writs Act gave the "Supreme Court and all courts established by Act of Congress" the authority to issue writs of mandamus "in aid of their respective jurisdictions and agreeable to the usages and principles of law."
Further, 28 U.S. Code § 1361 gave federal district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff."
kev74
20×102mm Vulcan
Those poor bastards are loosing days off at an alarming rate. I hope the union does something about this!!!
Additional days, but is still think @Edwardteach72 has the best call.
2008
Where was the writ of Mandamus for the past 14 years?
If you guys think that next week scotus is going to absolutely decimate NY in the Bruen case, you are absolutely correct!
However, if you think NY is gonna give a shit about that, especially immediately after the ruling, you are very mistaken. They haven’t given a shit for 14 years.
2008 Heller. 14 years later in 2022 in order to buy a shotgun in NYC you have to beg for a permit by filling out lengthy and intrusive application at costly fees in order to partake in a MAY issue scheme.mandamus
www.law.cornell.edu
Mandamus
Primary tabs
Overview
A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. (See, e.g. Cheney v. United States Dist. Court For D.C. (03-475) 542 U.S. 367 (2004) 334 F.3d 1096.) According to the U.S. Attorney Office, "Mandamus is an extraordinary remedy, which should only be used in exceptional circumstances of peculiar emergency or public importance."
Mandamus at the Federal Level
In the federal courts, these orders most frequently appear when a party to a suit wants to appeal a judge's decision but is blocked by rules against interlocutory appeals. Instead of appealing directly, the party simply sues the judge, seeking a mandamus compelling the judge to correct his earlier mistake. Generally, this type of indirect appeal is only available if the party has no alternative means of seeking review.
The All Writs Act gave the "Supreme Court and all courts established by Act of Congress" the authority to issue writs of mandamus "in aid of their respective jurisdictions and agreeable to the usages and principles of law."
Further, 28 U.S. Code § 1361 gave federal district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff."
Where was the writ of Mandamus for the past 14 years?
If you guys think that next week scotus is going to absolutely decimate NY in the Bruen case, you are absolutely correct!
However, if you think NY is gonna give a shit about that, especially immediately after the ruling, you are very mistaken. They haven’t given a shit for 14 years.
nortatoga
.338 Win Mag
And you are still going to need a permit in NYC for a long gun as this case is about restrictions on pistol license's.
So all you expect from this case is if you get approved for the permit/license to purchase, it will automatically qualify you to also carry. Everything else stays the same?
Do you even know what this case is about.
Not sure why you are even made. Today your started a thread praising gun control.. can't have it both ways
nortatoga
.338 Win Mag
That was the bare bones of the case, more would be good! I also think that Justice Thomas will require lower Courts to use History, Text and Tradition in 2A cases. Which could mean some cases will need to reheard.
If you like the link below in my signature is a text of the oral arguments.
I know exactly what it’s about (why do you have to show proper cause to get a carry license, also why is there a license at all if it’s a right)
Maybe I had a knee jerk reaction to what’s going on and thought increasing the age would help stop some of the shit that’s been going on. We all support some level of gun control right? Like we can all agree 10 year olds can’t buy guns. Violent convicted felons can’t. Where we draw the line is where the discussion is to be had. I may have come across rash and lib-minded earlier today but I’m just speaking from the heart. We’re all frustrated with what’s been happening.
Not trying to have it both ways, just pissed off at what’s been happening and thinking out loud about what possibly can be done.
Disagree
I heard the oral arguments within 24 hours of them coming out. ACB sounded like she wanted to leave some wiggle room for special events or circumstances where carrying guns can be prohibited. If they give one inch, as they did with Heller (2A right is not unlimited and “reasonable” restrictions are permitted) NY will stretch that inch into a thousand miles.
Lol, then you should be the one writing the opinion, you won’t give me an inch so i’m sure you wouldn’t give NY an inch lol
nortatoga
.338 Win Mag
I found reading the arguments was clearer as to who was talking.
Acer-m14
20×102mm Vulcan
nope .. back in the 60's a 10 yr old could buy a gun with dad permission .. thats all thats needed .. and even from a catalog ..
you should watch the full video below ..
ArmedCorgi
.475 A&M Magnum
What is happening has everything to do with socioeconomics and nothing to do with guns. Unfortinately, when it comes to guns people are quick to blame them and completely ignore the root causes and the fact that the weapon or method used to commit the crime doesn't matter. What matters is the reason the act was committed. Or they are aware of the real reasons these things happen, but take advantage of them to push an agenda that has nothing to do with solving the problem. Either way, no one is interested in solving the real issues because to do so, would be to admit that things in society are rotten on so many levels and our government is doing a horrible job.
Even if you got rid of all guns, you'd still be left with people that want to hurt other people. You would just force them to get more creative, which could potentially be way more deadly. I forget the details, but some time back, and I think this happened in nyc, someone killed close to 100 people by locking the exits to a club and using gasoline to burn the place. I'm sure there were no calls for laws restricting gasoline or matches. I'm sure in that instance, the focus was on the criminal and why he did what he did and not the methods or tools used.
If everything in the world was hunky dory, or in a real sense, people were relatively content with things in their lives, we wouldn't be seeing the violence were are seeing today. So again, the kneejerk reaction or the agenda driven solution is to take guns away, but that still leaves the intangible problem that made the crime possible.
Gun control does not work.
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Acer-m14
20×102mm Vulcan
Acer-m14
20×102mm Vulcan
PS .. neither has the "War On Drugs"
PSS .. as holder sends guns to the Mexican drug cartels ..
ArmedCorgi
.475 A&M Magnum
Aren't they the same thing? An excuse to grab power.PS .. neither has the "War On Drugs"
Acer-m14
20×102mm Vulcan
EDIT on post above you quoted
Acer-m14
20×102mm Vulcan
remain in power
BerettaGuy
.308 Win
Next week gonna be like BITCHEN!
Okay.. there is 29 cases they have left to release opinions.. why do you think next week will be so bitchen
spat
.700 Nitro Express
NY will make some inconsequential change and pass a new law and then make people spend millions and another decade to get it to SCOTUS again.
Maybe they'll pass a waiting period law, and set the waiting period to be 80 years.