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

Phazer

Phazer

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Do we have any idea when there will be a ruling on the original stay by Judge Suddaby?

If applying for an unrestricted permit, the NYSP forms currently have the request for social medial, request to list dependent minors living at home, and request for contact information for adults living in home where firearms are kept. As we know, this is an unconstitutional overreach.
 
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GlockModel29

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Phazer said:
Do we have any idea when there will be a ruling on the original stay by Judge Suddaby?

If applying for an unrestricted permit, the NYSP forms currently have the request for social medial, request to list dependent minors living at home, and request for contact information for adults living in home where firearms are kept. As we know, this is an unconstitutional overreach.
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When I applied for my pistol permit (Albany County) in 1989 I had to supply 4 character references not related to me. They were sent lengthy questionnaires which were required to be filled out and mailed back in. I recieved my permit exactly 5 months from the day I submitted my application.
 
Vicarious

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OK, so ive been "offline' for a bit, and this shit is making my head swim. I'm going to Rochester this weekend, are we still felons for stopping at a gas station or is CCW OK this week
 
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Vicarious said:
Thanks for the update.
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Youre welcome. I check for updates on these cases....ESPECIALLY that one several times a day. Just keep in mind that could change at any time. I'm hoping that since the 2nd circuit hasn't squashed it with an administrative stay yet (its been several days since the state appealed) that they're gonna leave it in place....in Antonyuk v Hochel they put an administrative stay on Judge Suddabys decision within a few days of the state submitting their appeal...
 
US RIFLE M1A

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Be advised that a notice of appeal and a request for a stay of a preliminary injunction are not the same. Filing a notice of appeal (one page letter, no actual contents) to the 2nd circuit is done in order to leave that avenue open for the future. No actual arguments in support of an appeal have been filed in Judge Sinatra's cases. What was filed in Judge Suddaby's case as a request for a stay of a PI, which is administrative and does not contain any arguments of merit. No such document has been filed in Judge Sinatra's cases. However this is changing rapidly and I may not be up to date.
 
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US RIFLE M1A said:
Be advised that a notice of appeal and a request for a stay of a preliminary injunction are not the same. Filing a notice of appeal (one page letter, no actual contents) to the 2nd circuit is done in order to leave that avenue open for the future. No actual arguments in support of an appeal have been filed in Judge Sinatra's cases. What was filed in Judge Suddaby's case as a request for a stay of a PI, which is administrative and does not contain any arguments of merit. No such document has been filed in Judge Sinatra's cases. However this is changing rapidly and I may not be up to date.
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Roger that...
 
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US RIFLE M1A said:
Be advised that a notice of appeal and a request for a stay of a preliminary injunction are not the same. Filing a notice of appeal (one page letter, no actual contents) to the 2nd circuit is done in order to leave that avenue open for the future. No actual arguments in support of an appeal have been filed in Judge Sinatra's cases. What was filed in Judge Suddaby's case as a request for a stay of a PI, which is administrative and does not contain any arguments of merit. No such document has been filed in Judge Sinatra's cases. However this is changing rapidly and I may not be up to date.
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Since they haven't filed a request for a stay yet regarding Christian v Nigrelli, Hopefully NYS won't file one...wishful thinking I know...
 
Saltwater60

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GlockModel29 said:
Judge Sinatras cases and decisions cover the entire state...not just certain districts...
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But he’s only a western district judge so I'm not sure how that could be. I’ll admit I’m not legal scholar or expert so if I’m wrong please feel free to provide information on why I’m wrong.

John Sinatra

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Saltwater60 said:
But he’s only a western district judge so I'm not sure how that could be. I’ll admit I’m not legal scholar or expert so if I’m wrong please feel free to provide information on why I’m wrong.

John Sinatra

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He's a federal judge , there's a reason why these areas where picked for lawsuits and that is to get favorable decisions

in these lawsuits ,you remember the 7 round magazine limit was overturned to ten rounds that decision also came from the western district , if you remember correctly the AG tried to pull a fast one with saying that the magazine decision only impacted that part of the state which was nonsense just goes to show you what people will believe hell there are still people out their that think you can still only load 7 in a magazine .
 
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cranberry said:
He's a federal judge , there's a reason why these areas where picked for lawsuits and that is to get favorable decisions

in these lawsuits ,you remember the 7 round magazine limit was overturned to ten rounds that decision also came from the western district , if you remember correctly the AG tried to pull a fast one with saying that the magazine decision only impacted that part of the state which was nonsense just goes to show you what people will believe hell there are still people out their that think you can still only load 7 in a magazine .
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I couldn't agree more brother....
 
US RIFLE M1A

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A federal district judge's ruling is generally valid for the entire state. Speaking in context of gun laws, there may be some exceptions to this state-wide authority, one example would be if New York City passed it's own laws specific to the city such as the Times Square no-carry law.

Another would be if the district in which the suit was brought simply did not have the type of setting in which a law addressed, such as specific forms of transportation. It would be difficult, for instance, for a judge in the Northern District to justify granting a plaintiff standing to challenge the carry restriction on subways.
 
Saltwater60

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US RIFLE M1A said:
A federal district judge's ruling is generally valid for the entire state. Speaking in context of gun laws, there may be some exceptions to this state-wide authority, one example would be if New York City passed it's own laws specific to the city such as the Times Square no-carry law.

Another would be if the district in which the suit was brought simply did not have the type of setting in which a law addressed, such as specific forms of transportation. It would be difficult, for instance, for a judge in the Northern District to justify granting a plaintiff standing to challenge the carry restriction on subways.
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Thanks.
 
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US RIFLE M1A said:
A federal district judge's ruling is generally valid for the entire state. Speaking in context of gun laws, there may be some exceptions to this state-wide authority, one example would be if New York City passed it's own laws specific to the city such as the Times Square no-carry law.

Another would be if the district in which the suit was brought simply did not have the type of setting in which a law addressed, such as specific forms of transportation. It would be difficult, for instance, for a judge in the Northern District to justify granting a plaintiff standing to challenge the carry restriction on subways.
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I have absolutely no concern about NYC and the ppl that live there...they are 100% responsible for voting in the ppl responsible for trying to pass laws to make me a felon. Ive been legally carrying 24/7 since 1989 and have never had an issue....now several times a day I check online to ensure that I am not breaking the law as a result of carrying my previously legal handgun. Everyone who truly cares about the situation knows that its not the legal CCW owner who commits the firearms crimes yet WE are the ones who are continuously penalized....
 
Saltwater60

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GlockModel29 said:
I have absolutely no concern about NYC and the ppl that live there...they are 100% responsible for voting in the ppl responsible for trying to pass laws to make me a felon. Ive been legally carrying 24/7 since 1989 and have never had an issue....now several times a day I check online to ensure that I am not breaking the law as a result of carrying my previously legal handgun. Everyone who truly cares about the situation knows that its not the legal CCW owner who commits the firearms crimes yet WE are the ones who are continuously penalized....
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The politicians know it too, but they know the gang members won’t fight them.
 
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arp228 said:
I sure hope so. But they have no fear of this happening because they aren't personally liable. Who ends you paying the fine? We, the taxpayers. So they can do whatever they want without fear
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That’s not necessarily true . Judges can fine individuals. But even so, a 10,000 fine for each violation, not including any lawsuit judgments tends to get departments to stop such activity.
 
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