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

[US RIFLE M1A]

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.

 

[nortatoga]

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.

If you are willing to do the homework, I would call (you don't have to tell them your not a resident of that County) and create a list of what other Counties are doing. Saratoga is just taking amendments to up-grade to full carry ($20.00) no class required. Remember this case was a violation of the 14th Amendments equal protection under the law!!

 

[VietnamEraVet]

Well, it didn't take Letitia the Hutt very long....Judge Sinatra's PI has been appealed to the 2nd Circuit this morning.

https://storage.courtlistener.com/recap/gov.uscourts.nywd.142551/gov.uscourts.nywd.142551.50.0.pdf

 

[Phazer]

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.

But....they don't care. There appears to be nothing to stop ill-intentioned despotic state governments from continuing to pass laws that they know are unconstitutional.

They are virtue signaling to their base at the expense of law-abiding gun-owning American citizens.

 

[maverick52]

 

[CaliberPlus]

Wow, I think I have whiplash. I did take the sign to allow concealed carry off the door. I think NY strategy is to try to bankrupt the organizations filing the calims for 2A. Afterall, taxpayers money is bottomless, right?

I have to take time to watch the vids, thanks to all who post, sometimes I just cannot keep up.

 

[Beerman]

Wow, I think I have whiplash. I did take the sign to allow concealed carry off the door. I think NY strategy is to try to bankrupt the organizations filing the calims for 2A. Afterall, taxpayers money is bottomless, right?

I have to take time to watch the vids, thanks to all who post, sometimes I just cannot keep up.

Better get ready to put your sign back up soon.

 

[FrankenCub]

If you are willing to do the homework, I would call (you don't have to tell them your not a resident of that County) and create a list of what other Counties are doing. Saratoga is just taking amendments to up-grade to full carry ($20.00) no class required. Remember this case was a violation of the 14th Amendments equal protection under the law!!

I did mention to Broome that other counties were doing this, and some just upgrading to get it done. Broome doesn't care, Sheriff Dept said judge says course needed regardless.

 

[Saltwater60]

I really like this Judge Sinatra.

He’s got balls for sure.

 

[Glock_USA]

Motion to expedite filed:

 

[Saltwater60]

Motion to expedite filed:

View attachment 180852

Expedite? Really? The semiconductor circuit won’t help us so might as well try to get the Supreme Court on board.

 

[Dr. Evil]

From a non-lawyer perspective, Judge Sinatra's decision appears to be logical and well-reasoned.

The curse of death.

 

[Dr. Evil]

Well, it didn't take Letitia the Hutt very long....Judge Sinatra's PI has been appealed to the 2nd Circuit this morning.

https://storage.courtlistener.com/recap/gov.uscourts.nywd.142551/gov.uscourts.nywd.142551.50.0.pdf

View attachment 180818

Called it yesterday lol.

 

[Beerman]

Called it yesterday lol.

That was about as hard as predicting the sun will rise. But you were right.

 

[kev74]

I concur with your opinion!

Why didn't I concur?!?

 

[ManualF150]

Actually, the more I think about this, if this keeps getting toyed with enough, eventually someone will come through and say enough is enough. How many times can it go back and forth?

I find it very embarrassing what Letitia is doing along with them even allowing this to happen. It's a disgrace to the court system. Totally embarrassing and a complete mockery. To be honest, it's not even fair to Judge Sinatra to have to deal with this.

Judge Sinatra is demonstrating that he wants to uphold the constitution and what SCOTUS already made a decision on.

 

[Saltwater60]

Actually, the more I think about this, if this keeps getting toyed with enough, eventually someone will come through and say enough is enough. How many times can it go back and forth?

I find it very embarrassing what Letitia is doing along with them even allowing this to happen. It's a disgrace to the court system. Totally embarrassing and a complete mockery. To be honest, it's not even fair to Judge Sinatra to have to deal with this.

Judge Sinatra is demonstrating that he wants to uphold the constitution and what SCOTUS already made a decision on.

Everything about Letitia James is embarrassing. Hell nearly everything about NYS government is embarrassing. I’m embarrassed to live here.

 

[Acer-m14]

and now the state is going after the NRA again .. say goodbye to being a NRA firearms teacher now ..

the $400.00 16 hour class will now cost $1600

NY State Senate Bill S9601

Removes the national rifle association from the list of entities authorized to grant certificates as instructors in small arms practice.

www.nysenate.gov

 

[ArmedCorgi]

Everything about Letitia James is embarrassing. Hell nearly everything about NYS government is embarrassing. I’m embarrassed to live here.

You should be. NY is fucking off the rails retarded. There is no nice way to put it.

 

[Grimscale]

Judge Sinatra's PI has been appealed to the 2nd Circuit this morning.

Has the 2nd circus stayed his PI yet?

 

[Truebeliever]

They can issue a specific unambiguous order. If an official violates that they would be held in contempt, and that contempt charge would not need to wait for another case to work it's way up.

They could issue any number of sanctions against the offending officials, including arrest. Those would be enforced by federal enforcement.

SCOTUS has their own marshals if necessary (but that would not be the normal order of business).

An attempt by state officials to impede the federal enforcement would be truly a sign that the end of the republic it at hand.

Also, the legitimacy of the courts and the police are gone in such a case. Most officers will not enforce a law that they know was ruled unconstitutional by SCOTUS. It’s that simple for various reasons .

 

[Truebeliever]

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.

They are not ignoring it. That’s why the made the new law. They are “reframing “ part of the majority opinion, even if they know it will be overturned. No one has been arrested on the new law that I know that wasn’t illegal under the old law

 

[Acer-m14]

 

[Acer-m14]

Most officers will not enforce a law that they know was ruled unconstitutional by SCOTUS. It’s that simple for various reasons .

LMFAO ..

go see that ..

NASSAU COUNTY, New York, Need Help, Call 911, Then Have Firearms Confiscated

https://www.ammoland.com/2022/11/woman-calls-911-for-help-has-firearms-confiscated-by-police/#axzz7lWMjs1cX

nygunforum.com

yep they followed there oath .. and SCOTUS rulings .. BS ..

 

[Steal2B]

 

[Truebeliever]

LMFAO ..

go see that ..

NASSAU COUNTY, New York, Need Help, Call 911, Then Have Firearms Confiscated

https://www.ammoland.com/2022/11/woman-calls-911-for-help-has-firearms-confiscated-by-police/#axzz7lWMjs1cX

nygunforum.com

yep they followed there oath .. and SCOTUS rulings .. BS ..

That isn’t a new law or rule. That’s not under CCIA. It wasn’t declared unconstitutional because she didn’t notify the pistol section of the incident .
However, I do believe it’s unconstitutional under the 5th admendment.

 

[Saltwater60]

That isn’t a new law or rule. That’s not under CCIA. It wasn’t declared unconstitutional because she didn’t notify the pistol section of the incident .
However, I do believe it’s unconstitutional under the 5th admendment.

This has to be the dumbest thing I have ever heard of and is a way to take peoples guns and only that. If you did something wrong I get it but she didn’t. This is so vaguely and widely written that if I drive by a car pulled over on the thruway or an accident roadside I’m supposed to notify the pistol permit. What a joke.

 

[US RIFLE M1A]

For those who did not dig through Judge Sinatra's latest ruling on the CCIA, this is the money shot;

“In sum, the vast majority of land in New York is held privately, and it encompasses homes, stores, businesses, factories, vacant land, hotels, parking lots and garages, grocery stores, pharmacies, medical offices, hospitals, cemeteries, malls, sports and entertainment venues, and so on.

These are places that people exercising their rights, frequent every day when they move around outside their homes. The exclusion here makes all of these places presumptively off limits, backed up the by the threat of prison.

The Nation’s historical traditions have not countenanced such an incursion into the right to keep and bear arms across all varieties of private property spread across the land. The right to self-defense is no less important and no less recognized on private property.”

Judge John Sinatra (W.D.N.Y.) in Christian v. Nigrelli

https://storage.courtlistener.com/recap/gov.uscourts.nywd.142551/gov.uscourts.nywd.142551.49.0.pdf

I am not a lawyer, but my favorite three words are 'and so on.'

As far as I am concerned, the CCIA is dead. Everything past this and Judge Suddaby's decision is the makup-up they put on a corpse for an open casket funeral.

 

[Far king]

For those who did not dig through Judge Sinatra's latest ruling on the CCIA, this is the money shot;

“In sum, the vast majority of land in New York is held privately, and it encompasses homes, stores, businesses, factories, vacant land, hotels, parking lots and garages, grocery stores, pharmacies, medical offices, hospitals, cemeteries, malls, sports and entertainment venues, and so on.

These are places that people exercising their rights, frequent every day when they move around outside their homes. The exclusion here makes all of these places presumptively off limits, backed up the by the threat of prison.

The Nation’s historical traditions have not countenanced such an incursion into the right to keep and bear arms across all varieties of private property spread across the land. The right to self-defense is no less important and no less recognized on private property.”

Judge John Sinatra (W.D.N.Y.) in Christian v. Nigrelli

https://storage.courtlistener.com/recap/gov.uscourts.nywd.142551/gov.uscourts.nywd.142551.49.0.pdf

I am not a lawyer, but my favorite three words are 'and so on.'

As far as I am concerned, the CCIA is dead. Everything past this and Judge Suddaby's decision is the makup-up they put on a corpse for an open casket funeral.

Sinatra rules! Take dat bitches !

 

[Carlos Hathcock]

Well, it didn't take Letitia the Hutt very long....Judge Sinatra's PI has been appealed to the 2nd Circuit this morning.

https://storage.courtlistener.com/recap/gov.uscourts.nywd.142551/gov.uscourts.nywd.142551.50.0.pdf

View attachment 180818

Fuck that fat whore