Acer-m14
20×102mm Vulcan
They used Mother Jones (basically a leftist Dilbert) for SAFE.
and that's the end of the story .. Paul Harvey Voice ..
Temporary Restaining Order Issued For Concealed Carry Improvement Act (merged thread)
- Thread starter Glock_USA
- Start date
and that's the end of the story .. Paul Harvey Voice ..
Saltwater60
.950 JDJ
Yet here we are and have this thread for that very reason.
subsonic
.44 mag
A three-judge motions panel should act on this appeal very quickly. What happens will likely depend on who is assigned. I was tempted to read more into the interim stay than it really means, but it's really a matter of extending Sudabby's own 3-day stay a few days to give the panel time to be assembled, actually read and discuss the papers and make their decision than tipping the hand of a panel that hadn't yet been assigned. It's too bad they did this but not surprising. You could say the 2nd circuit didn't have to do an interim stay but neither did Sudabby have to stay it for 3 business days, so it's as much Sudabby's fault as the 2nd circuit that this hadn't gone into effect yet. But a short stay pending the filing of an appeal is normal in a major decision like this and is sort of a matter of courtesy between the different layers of judges. We can still hope that a non-wacky panel will at least allow the order to go into effect until the preliminary injunction that no doubt Sudabby will issue.
If the panel waited around then this appeal would become moot and turn into a new appeal of Sudabby's preliminary injunction. Though the 2nd circuit could order Sudabby not to enjoin the law at all pending a final decision, which would put this on track for the US Supreme Court.
If the panel waited around then this appeal would become moot and turn into a new appeal of Sudabby's preliminary injunction. Though the 2nd circuit could order Sudabby not to enjoin the law at all pending a final decision, which would put this on track for the US Supreme Court.
subsonic
.44 mag
Another thing, the state's reply memorandum gives the word on what the State considers the scope of the TRO to be:
The state here is saying that even if a TRO were granted, the district court have only restrained the defendants from applying the law against the plaintiffs. But the state understands the TRO, as I did, to enjoin only the defendants, and not other local law enforcement in other counties or municipalities. So, if you want to argue with my understanding of the TRO, it was the same as the state's understanding of the TRO, which would presumably match that of any other local law enforcement, that with the state's backing, decided to go ahead and enforce the CCIA while this lawsuit is ongoing if the TRO or preliminary injunction went into effect.
The state here is saying that even if a TRO were granted, the district court have only restrained the defendants from applying the law against the plaintiffs. But the state understands the TRO, as I did, to enjoin only the defendants, and not other local law enforcement in other counties or municipalities. So, if you want to argue with my understanding of the TRO, it was the same as the state's understanding of the TRO, which would presumably match that of any other local law enforcement, that with the state's backing, decided to go ahead and enforce the CCIA while this lawsuit is ongoing if the TRO or preliminary injunction went into effect.
Truebeliever
6.5 Creedmoor
The injunctive relief will come soon. NYS will appeal . It’s the start of their end. They went full retard and they are going to get slapped for it.
Depick
.308 Win
I really hate that how that smug bone faced bitch keeps winning.
maverick52
.223 Rem
For now. It is funny whenever the court rules in their favor, they post a tweet praising the court. But when the courts do not rule in their favor they post a tweet denouncing the court. They are tyrants true and tried.
Phazer
.338 Win Mag
Deplorable Me
.700 Nitro Express
It's not over.
Cambria: New York's new concealed carry laws likely headed to US Supreme Court
A federal appeals court has allowed New York to continue enforcing its new gun laws as it considers a lower court ruling that declared key provisions unconstitutional. Legal expert Paul Cambria thinks the case could go to the U.S. Supreme Court.
www.audacy.com
livingston
20×102mm Vulcan
“Not all History is Created Equal”: In the Post-Bruen World, the Critical Period for Historical Analogues is when the Second Amendment was Ratified in 1791, and not 1868
'Not All History Is Created Equal': In the Post-Bruen World, the Critical Period for Historical Analogues Is when the Second Amendment Was Ratified in 1791, and not 1868
In June of 2022, the Supreme Court decided New York State Rifle & Pistol Association, Inc. v. Bruen, which was a major victory for the constitutional right
papers.ssrn.com
livingston
20×102mm Vulcan
The anti gunners are dragging it out as long as they can
Acer-m14
20×102mm Vulcan
“Not all History is Created Equal”: In the Post-Bruen World, the Critical Period for Historical Analogues is when the Second Amendment was Ratified in 1791, and not 1868
'Not All History Is Created Equal': In the Post-Bruen World, the Critical Period for Historical Analogues Is when the Second Amendment Was Ratified in 1791, and not 1868
In June of 2022, the Supreme Court decided New York State Rifle & Pistol Association, Inc. v. Bruen, which was a major victory for the constitutional rightpapers.ssrn.com
wonders who wrote that ^^^^^^^^^^
subsonic
.44 mag
Should be but we will probably not know who they are until they rule. I don’t think there’s any argument for a TRO appeal, it will be decided on the paper submissions we’ve seen here.
maverick52
.223 Rem
All the liberal states are going full retard in following NY’s lead with CCIA. It’s obviously a protest and flexing of the lefts muscle to the Supreme Court. I honestly can’t see this shit dragging out in court for years. I hope Scotus gets involved sooner rather than later.
the bigger picture is becoming more evident. The dissolution of the union. If states can no li her respect the rule of law what do we have left?
the bigger picture is becoming more evident. The dissolution of the union. If states can no li her respect the rule of law what do we have left?
A free-for-all.
Effectively "might makes right".
The question will be who sides with the oppressors, and who sides with those who choose freedom.
Saltwater60
.950 JDJ
We have a free-for-all right now. Federal immigrantions laws, drug laws, and many others aren’t being followed. Supreme Court rulings aren’t being followed. We’re essentially splitting at the seams now.
maverick52
.223 Rem
Yes. I think the union is tearing asunder. We are definitely heading into territory not seen since the American civil war. When you start the think about it it would just be best if the nation Balkanizes and everyone goes their merry way. These battles with the courts over the second amendment are just a symptom of the bigger problem.
Acer-m14
20×102mm Vulcan
holy crap there were some gun laws back in the 1700's .. and awesome ones ... you must carry a gun to church ... LOL ..
vid start at the laws back then .. 1740 and i think the other was 1770
vid start at the laws back then .. 1740 and i think the other was 1770
Saltwater60
.950 JDJ
Nothing yet? No updates, no 3-judge panel on the TRO??
maverick52
.223 Rem
I don't think anything will come of this. On Oct 25 Suddaby is deciding on the preliminary injunction. The TRO expires by then. My guess is that the 3 judge panel will be dealing with the preliminary injunction. I was thinking today that we really haven't gotten to take a victory lap yet. I feel like we waited so long fro the Bruen decision, and before we could even enjoy it our dear leader pulled the carpet out from under us. Now back to the courts for a long time. I am really hoping that we can have a victory party when this is all over.
With rope.
OwnTheRide
.44 mag
No, they won't. If we're lucky, the law will get neutered.
But "they" will suffer no consequences, and will simply call another emergency legislative session to pass new laws that are also unconstitutional.
We need a mechanism to stop this bullshit.
maverick52
.223 Rem
The mechanism would be a pro 2A president who would have the AG hold NYS in contempt.
Saltwater60
.950 JDJ
And what will that do? Contempt wow. She will see no jail time and no fines because it would be too political.
maverick52
.223 Rem
I would love to see her go to jail. A man can dream
US RIFLE M1A
.45 acp
Oct 19, 2022
TEXT NOTICE acknowledging receipt of the parties' Stipulation Regarding Witnesses and Exhibits (Dkt. No. 58 ) and respectfully advising Plaintiffs that, based on Defendants' arguments in their opposition papers (Dkt. No. 48 ) and motion to dismiss (Dkt. No. 46, Attach. 2), the Court is carefully considering whether Plaintiffs have sufficiently shown a concrete intention to carry concealed in the immediate future in the locations set forth in the following paragraphs of Section 4 of the CCIA: paragraphs "2(b)" ("health... care or services" locations only), "2(d)" ("libraries" only), "2(e)," "2(f)" ("summer camps" only), "2(g)" through "2(l)," "2(n)" (everywhere except "busses"), "2(o)" ("any establishment licensed... for on-premise consumption [of cannabis]" only), "2(p)" (everywhere except "theaters"), and "2(t)." Authorized by U.S. District Judge Glenn T. Suddaby on 10/19/2022. (sal) (Entered: 10/19/2022)
TEXT NOTICE acknowledging receipt of the parties' Stipulation Regarding Witnesses and Exhibits (Dkt. No. 58 ) and respectfully advising Plaintiffs that, based on Defendants' arguments in their opposition papers (Dkt. No. 48 ) and motion to dismiss (Dkt. No. 46, Attach. 2), the Court is carefully considering whether Plaintiffs have sufficiently shown a concrete intention to carry concealed in the immediate future in the locations set forth in the following paragraphs of Section 4 of the CCIA: paragraphs "2(b)" ("health... care or services" locations only), "2(d)" ("libraries" only), "2(e)," "2(f)" ("summer camps" only), "2(g)" through "2(l)," "2(n)" (everywhere except "busses"), "2(o)" ("any establishment licensed... for on-premise consumption [of cannabis]" only), "2(p)" (everywhere except "theaters"), and "2(t)." Authorized by U.S. District Judge Glenn T. Suddaby on 10/19/2022. (sal) (Entered: 10/19/2022)
Plaintiffs should go to each of these locations and take pictures of themselves carrying. Send them to Suddaby and tell him to stop fucking around.
US RIFLE M1A
.45 acp
This most recent text order narrows the scope of the Antonyuk challenge.
It looks like he is doubting standing on a number of locations.
What he is doubting is in red below.
Bottom line, the locations in play in Antonyuk v. Bruen/Hochul are now:
-Stores/gas stations/parking lots (business private property)
-Worship
-Restaurants w/ alcohol
-Theaters
-Parks
-Buses
He has placed the standing of the plaintiffs in doubt on all other locations.
I have a problem with the following apparently being tossed: entertainment venues, banquet halls, airports, libraries, museums.
I carry in the top half of the list (E thru L) at work and will legally continue to do so as I provide armed security. I would never need to go there other times.
I don't use public transportation, don't use cannabis, and never go to Times Square.
40 2. For the purposes of this section, a sensitive location shall mean:
41 (a) any place owned or under the control of federal, state or local
42 government, for the purpose of government administration, including
43 courts;
44 (b) any location providing health, behavioral health, or chemical
45 dependance care or services;
46 (c) any place of worship or religious observation;
47 (d) libraries, public playgrounds, public parks, and zoos;
48 (e) the location of any program licensed, regulated, certified, fund-
49 ed, or approved by the office of children and family services that
50 provides services to children, youth, or young adults, any legally
51 exempt childcare provider; a childcare program for which a permit to
52 operate such program has been issued by the department of health and
53 mental hygiene pursuant to the health code of the city of New York;
54 (f) nursery schools, preschools, and summer camps;
S. 1 9
1 (g) the location of any program licensed, regulated, certified, oper-
2 ated, or funded by the office for people with developmental disabili-
3 ties;
4 (h) the location of any program licensed, regulated, certified, oper-
5 ated, or funded by office of addiction services and supports;
6 (i) the location of any program licensed, regulated, certified, oper-
7 ated, or funded by the office of mental health;
8 (j) the location of any program licensed, regulated, certified, oper-
9 ated, or funded by the office of temporary and disability assistance;
10 (k) homeless shelters, runaway homeless youth shelters, family shel-
11 ters, shelters for adults, domestic violence shelters, and emergency
12 shelters, and residential programs for victims of domestic violence;
13 (l) residential settings licensed, certified, regulated, funded, or
14 operated by the department of health;
15 (m) in or upon any building or grounds, owned or leased, of any educa-
16 tional institutions, colleges and universities, licensed private career
17 schools, school districts, public schools, private schools licensed
18 under article one hundred one of the education law, charter schools,
19 non-public schools, board of cooperative educational services, special
20 act schools, preschool special education programs, private residential
21 or non-residential schools for the education of students with disabili-
22 ties, and any state-operated or state-supported schools;
23 (n) any place, conveyance, or vehicle used for public transportation
24 or public transit, subway cars, train cars, buses, ferries, railroad,
25 omnibus, marine or aviation transportation; or any facility used for or
26 in connection with service in the transportation of passengers,
27 airports, train stations, subway and rail stations, and bus terminals;
28 (o) any establishment issued a license for on-premise consumption
29 pursuant to article four, four-A, five, or six of the alcoholic beverage
30 control law where alcohol is consumed and any establishment licensed
31 under article four of the cannabis law for on-premise consumption;
32 (p) any place used for the performance, art entertainment, gaming, or
33 sporting events such as theaters, stadiums, racetracks, museums, amuse-
34 ment parks, performance venues, concerts, exhibits, conference centers,
35 banquet halls, and gaming facilities and video lottery terminal facili-
36 ties as licensed by the gaming commission;
37 (q) any location being used as a polling place;
38 (r) any public sidewalk or other public area restricted from general
39 public access for a limited time or special event that has been issued a
40 permit for such time or event by a governmental entity, or subject to
41 specific, heightened law enforcement protection, or has otherwise had
42 such access restricted by a governmental entity, provided such location
43 is identified as such by clear and conspicuous signage;
44 (s) any gathering of individuals to collectively express their consti-
45 tutional rights to protest or assemble;
46 (t) the area commonly known as Times Square, as such area is deter-
47 mined and identified by the city of New York; provided such area shall
48 be clearly and conspicuously identified with signage.
49 3. This section shall not apply to:
50 (a) consistent with federal law, law enforcement who qualify to carry
51 under the federal law enforcement officers safety act, 18 U.S.C. 926C;
52 (b) persons who are police officers as defined in subdivision thirty-
53 four of section 1.20 of the criminal procedure law;
54 (c) persons who are designated peace officers by section 2.10 of the
55 criminal procedure law;
It looks like he is doubting standing on a number of locations.
What he is doubting is in red below.
Bottom line, the locations in play in Antonyuk v. Bruen/Hochul are now:
-Stores/gas stations/parking lots (business private property)
-Worship
-Restaurants w/ alcohol
-Theaters
-Parks
-Buses
He has placed the standing of the plaintiffs in doubt on all other locations.
I have a problem with the following apparently being tossed: entertainment venues, banquet halls, airports, libraries, museums.
I carry in the top half of the list (E thru L) at work and will legally continue to do so as I provide armed security. I would never need to go there other times.
I don't use public transportation, don't use cannabis, and never go to Times Square.
40 2. For the purposes of this section, a sensitive location shall mean:
41 (a) any place owned or under the control of federal, state or local
42 government, for the purpose of government administration, including
43 courts;
44 (b) any location providing health, behavioral health, or chemical
45 dependance care or services;
46 (c) any place of worship or religious observation;
47 (d) libraries, public playgrounds, public parks, and zoos;
48 (e) the location of any program licensed, regulated, certified, fund-
49 ed, or approved by the office of children and family services that
50 provides services to children, youth, or young adults, any legally
51 exempt childcare provider; a childcare program for which a permit to
52 operate such program has been issued by the department of health and
53 mental hygiene pursuant to the health code of the city of New York;
54 (f) nursery schools, preschools, and summer camps;
S. 1 9
1 (g) the location of any program licensed, regulated, certified, oper-
2 ated, or funded by the office for people with developmental disabili-
3 ties;
4 (h) the location of any program licensed, regulated, certified, oper-
5 ated, or funded by office of addiction services and supports;
6 (i) the location of any program licensed, regulated, certified, oper-
7 ated, or funded by the office of mental health;
8 (j) the location of any program licensed, regulated, certified, oper-
9 ated, or funded by the office of temporary and disability assistance;
10 (k) homeless shelters, runaway homeless youth shelters, family shel-
11 ters, shelters for adults, domestic violence shelters, and emergency
12 shelters, and residential programs for victims of domestic violence;
13 (l) residential settings licensed, certified, regulated, funded, or
14 operated by the department of health;
15 (m) in or upon any building or grounds, owned or leased, of any educa-
16 tional institutions, colleges and universities, licensed private career
17 schools, school districts, public schools, private schools licensed
18 under article one hundred one of the education law, charter schools,
19 non-public schools, board of cooperative educational services, special
20 act schools, preschool special education programs, private residential
21 or non-residential schools for the education of students with disabili-
22 ties, and any state-operated or state-supported schools;
23 (n) any place, conveyance, or vehicle used for public transportation
24 or public transit, subway cars, train cars, buses, ferries, railroad,
25 omnibus, marine or aviation transportation; or any facility used for or
26 in connection with service in the transportation of passengers,
27 airports, train stations, subway and rail stations, and bus terminals;
28 (o) any establishment issued a license for on-premise consumption
29 pursuant to article four, four-A, five, or six of the alcoholic beverage
30 control law where alcohol is consumed and any establishment licensed
31 under article four of the cannabis law for on-premise consumption;
32 (p) any place used for the performance, art entertainment, gaming, or
33 sporting events such as theaters, stadiums, racetracks, museums, amuse-
34 ment parks, performance venues, concerts, exhibits, conference centers,
35 banquet halls, and gaming facilities and video lottery terminal facili-
36 ties as licensed by the gaming commission;
37 (q) any location being used as a polling place;
38 (r) any public sidewalk or other public area restricted from general
39 public access for a limited time or special event that has been issued a
40 permit for such time or event by a governmental entity, or subject to
41 specific, heightened law enforcement protection, or has otherwise had
42 such access restricted by a governmental entity, provided such location
43 is identified as such by clear and conspicuous signage;
44 (s) any gathering of individuals to collectively express their consti-
45 tutional rights to protest or assemble;
46 (t) the area commonly known as Times Square, as such area is deter-
47 mined and identified by the city of New York; provided such area shall
48 be clearly and conspicuously identified with signage.
49 3. This section shall not apply to:
50 (a) consistent with federal law, law enforcement who qualify to carry
51 under the federal law enforcement officers safety act, 18 U.S.C. 926C;
52 (b) persons who are police officers as defined in subdivision thirty-
53 four of section 1.20 of the criminal procedure law;
54 (c) persons who are designated peace officers by section 2.10 of the
55 criminal procedure law;
Last edited:
US RIFLE M1A
.45 acp
If the state would take the partial win and partial loss and live with it, I would consider it a victory. Problem is, there is no compromising with tyrants. If Suddaby threw everything out except one square inch of the state somewhere in the middle of the woods and said you CAN carry there and nowhere else, the state would fight over that one square inch.