Temporary Restaining Order Issued For Concealed Carry Improvement Act (merged thread)

Phazer

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Saltwater60 said:
Interesting. They will remand it back down to the lower courts and I’ll bet the lower courts find it moot. Doesn’t matter since you can have a pistol permit as a cop.
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That'll be fun: Lower court can find future cases moot because they were already addressed by NYSRPA vs Bruen....which is a decision that New York's government is ignoring. So....nothing will change.
 
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T

Truebeliever

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FrankenCub said:
I was told what charges, but as I said, I don't remember specifics because I had my mind on the road and critters.

Also as mentioned, NYSP had no issue with him carrying as they took possession of his handgun while being detained. Then immediately gave it back to him after allowing him to leave the barracks 20 minutes after they brought him in to charge him.
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So, he wasn’t charged or got a ticket. They brought him back to the stationhouse ( barracks) while they figured things out.
 
Cooolone

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rmosh said:
I agree with you 100% but few people can afford to be arrested and pay the crippling legal fees trying to defend yourself from this bullshit and be thrown in prison as a result. All the time yelling "Shall not be infringed!" (which the government has been doing since the NFA was made law in 1934) while the Cunt in Albany and aunt Tish laugh and say "So?".
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Well, those with timid souls then need not apply!

I'm not worried about it at all, fuck it! It happens then it happens. Truthfully the only time I even think about this bullshit is when I come here and read a thread about it. Otherwise I exercise my RIGHTS daily, as many of them possible! But most importantly the Right to live FREELY, and to pursue my HAPPINESS, not that which the Govt defines or regulates for me by permission... I don't think about it, I just do whatever the fuck it is I want to do. I'm not boasting bravado bullshit, go run around rub it in people's face kinda shit. Just go about your business, and enjoy life. Stop worrying about the Big Bad Wolf that never comes!

And oh, get the fuck our of NY as fast as you can!
Lol...

I should be out sometime next year! But not soon enough!!!

Fuck NY
 
FrankenCub

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I guess I really dont give a shit any more. I don't see things really changing for our favor for quite a while, if at all. I'm sure they're going to keep the training requirement so that's a $500 I'll put towards leaving this hell hole. Will definitely be leaving this state. Just don't know how soon, but not soon enough.
 
Far king

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Cooolone said:
Well, those with timid souls then need not apply!

I'm not worried about it at all, fuck it! It happens then it happens. Truthfully the only time I even think about this bullshit is when I come here and read a thread about it. Otherwise I exercise my RIGHTS daily, as many of them possible! But most importantly the Right to live FREELY, and to pursue my HAPPINESS, not that which the Govt defines or regulates for me by permission... I don't think about it, I just do whatever the fuck it is I want to do. I'm not boasting bravado bullshit, go run around rub it in people's face kinda shit. Just go about your business, and enjoy life. Stop worrying about the Big Bad Wolf that never comes!

And oh, get the fuck our of NY as fast as you can!
Lol...

I should be out sometime next year! But not soon enough!!!

Fuck NY
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I think likewise.
 
VietnamEraVet

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I also like his latest ruling. But this still leaves us unable to fly with a firearm (checked, of course) as NY still threatens to arrest us in airports.

If he continues his current trend, his upcoming ruling on carrying in public parks and in public transportation could be damned interesting,- especially since Buffalo DOES have a subway!
 
Gonzobird

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If you take time to read though the decision one will see why the injunction was granted.

At least what i get from it the Judge writes that the injunction was granted based on the fact that the Plaintiffs will come out of this with a ruling that is favorable towards them and the Defendants(State) will lose. He sites decisions from more then Bruan and plainly states the injunctions granted based on the fact that the state does not have standing and will lose.

If i missed the mark someone else who read the decisions correct me but this is the 4th time the law was reported to be unconstitutional in a court decisions.

I would think in a normal world the state really can't win any of these cases. They wrote themselves into a corner with this law.
 
US RIFLE M1A

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I am not a lawyer, but from what I hear in the lawyer and LE world, is that this law (CCIA) is now entirely unenforceable.

For a CCIA-based arrest to stick, this new ruling would have to be stayed, AND the state would have to have a perfect, 100% UNBROKEN success rate for the duration of FOUR (or more, if new cases arise) separate cases, all the way to AND including SCOTUS for a CCIA arrest case to stick.

All this takes into account that the CCIA has had NO positive ruling on the merits, the only luck it has had has been administrative.

If this new decision is stayed, and someone is subsequently arrested. at any moment any judge rules against the CCIA (and there are permanent injunction trials coming up that will likely end that way) the arrest will have to be dropped AND the arresting department will be subject to monumental lawsuits.

This is where the judge's wording of 'likely to succeed on the merits' come in. A warning not to enforce whether or not the temp injunction is stayed.

Again, I am not a lawyer.
 
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