JunkBoxFull
6.5 Creedmoor
Temporary Restaining Order Issued For Concealed Carry Improvement Act (merged thread)
- Thread starter Glock_USA
- Start date
Saltwater60
.950 JDJ
I’m rolling and I ain’t even dead yet. I’m practicing for when I’m dead and thinks continue to get worse.
livingston
20×102mm Vulcan
Posted by James Nault Tuesday, March 14, 2023 at
Posted by James Nault Tuesday, March 14, 2023 at 07:00am 27 Comments
As we have covered, on June 23, 2022, the U.S. Supreme Court, in a 6-3 opinion authored by Justice Thomas, struck down New York State’s restrictive concealed carry law:
Now that case is on appeal, and even liberal groups such as the Knight First Amendment Institute at Columbia University, Operation Blazing Sword–Pink Pistols, an LGBT Second Amendment advocacy group, the Liberal Gun Club, and others have filed an amicus (friend of the court) brief against the CCIA, as we reported here: Liberal Groups File Court Opposition To NY Gun Control Law Requiring Disclosure Of Social Media Accounts.
Oral argument will be heard in the case at 10:00 a.m. on Monday morning, March 20, 2023 at the Thurgood Marshall United States Courthouse in lower Manhattan.
This is important, because as the New York Sun reports, this is the first comprehensive federal appellate challenge to states’ attempts to work around, or even completely emasculate, the US. Supreme Court’s Bruen ruling: The Second Circuit Prepares To Hear Biggest Gun Cases of the Year:
Especially important as regards this appeal is that the U.S. Supreme Court is typically reluctant to hear Second Amendment cases. Before Bruen, the Court had not heard a gun case since McDonald v. Chicago, 561 U.S. 742, in 2010. So, what the Second Circuit says regarding the CCIA is likely to be the last word, at least for now.
One final point: I interned for Judge Wesley while a law student at Cornell Law School, and he is an incredibly impressive jurist and person. He first sat as a trial-level state judge in 1986, which means he has almost 40 years of experience as a judge. I intend to be in the courtroom for this Monday’s oral argument, and I look forward to reporting back to Legal Insurrection’s loyal Second Amendment readers on how the proceedings progressed and predicting what the eventual outcome of the case, and the CCIA, will be.
Second Circuit to Hear First Comprehensive Post-Bruen Firearms Statute Challenge
On March 20 the Second Circuit U.S. Court of Appeals will hear oral argument in cases challenging New York’s unconstitutional response to the Supreme Court’s Bruen case, which held that there is a constitutional right to keep AND BEAR armsPosted by James Nault Tuesday, March 14, 2023 at 07:00am 27 Comments
As we have covered, on June 23, 2022, the U.S. Supreme Court, in a 6-3 opinion authored by Justice Thomas, struck down New York State’s restrictive concealed carry law:
Now that case is on appeal, and even liberal groups such as the Knight First Amendment Institute at Columbia University, Operation Blazing Sword–Pink Pistols, an LGBT Second Amendment advocacy group, the Liberal Gun Club, and others have filed an amicus (friend of the court) brief against the CCIA, as we reported here: Liberal Groups File Court Opposition To NY Gun Control Law Requiring Disclosure Of Social Media Accounts.
Oral argument will be heard in the case at 10:00 a.m. on Monday morning, March 20, 2023 at the Thurgood Marshall United States Courthouse in lower Manhattan.
This is important, because as the New York Sun reports, this is the first comprehensive federal appellate challenge to states’ attempts to work around, or even completely emasculate, the US. Supreme Court’s Bruen ruling: The Second Circuit Prepares To Hear Biggest Gun Cases of the Year:
The Appellate Judges and the Effect of Their Ruling
The panel who will hear the appeal consists of Circuit Judge Joseph F. Bianco, appointed by President Trump, and Senior Circuit Judges Robert D. Sack, a Clinton appointee, and Richard C. Wesley, appointed by President George W. Bush, and who had been an Associate Judge with the New York Court of Appeals, New York’s highest court, prior to his appointment to the federal appellate bench.Especially important as regards this appeal is that the U.S. Supreme Court is typically reluctant to hear Second Amendment cases. Before Bruen, the Court had not heard a gun case since McDonald v. Chicago, 561 U.S. 742, in 2010. So, what the Second Circuit says regarding the CCIA is likely to be the last word, at least for now.
One final point: I interned for Judge Wesley while a law student at Cornell Law School, and he is an incredibly impressive jurist and person. He first sat as a trial-level state judge in 1986, which means he has almost 40 years of experience as a judge. I intend to be in the courtroom for this Monday’s oral argument, and I look forward to reporting back to Legal Insurrection’s loyal Second Amendment readers on how the proceedings progressed and predicting what the eventual outcome of the case, and the CCIA, will be.
- .https://legalinsurrection.com/2023/03/second-circuit-to-hear-first-comprehensive-post-bruen-firearms-statute-challenge/
Saltwater60
.950 JDJ
Monday will be here before we know it.
My thoughts this morning too! Exactly!
Saltwater60
.950 JDJ
Sure will be interesting.
arp228
.38 Special
Will be interesting to see what happens in Jersey tomorrow as Judge Bumb is holding hearings on the TRO she issued regarding the restricted places and many of the same sensitive places
Saltwater60
.950 JDJ
The second circuit court is arguably the most liberal in the nation so it’s right and I’m sure you are as well. The only one that’s close is the 9th in California but I think ours is worse.
maverick52
.223 Rem
Don’t think the court website is wrong. They pulled a fast one last minute on us. Hope is a dangerous thing my friends.
Saltwater60
.950 JDJ
Might still be Monday according to this article.
www.wktv.com
Monday a big court day for 2nd amendment, gun laws, gun rights
The U.S. Court of Appeals for the Second Circuit, in Manhattan, will hear five second amendment cases Monday.
JunkBoxFull
6.5 Creedmoor
They will "hear" the cases. Its going to be a long while before we hear their decision i`m afraid.Might still be Monday according to this article.
Monday a big court day for 2nd amendment, gun laws, gun rights
The U.S. Court of Appeals for the Second Circuit, in Manhattan, will hear five second amendment cases Monday.
Hope for the best, but be prepared for the worst.
Saltwater60
.950 JDJ
Come on the article said they could rule from the bench??
ManualF150
.308 Win
"It's not clear if the judges will rule from the bench, or, reserve decision and issue a written one at a later date. But Sullivan is hopeful for the outcome."
However, I know for a fact that they won't be ruling from the bench and they will be reserving a decision.
JunkBoxFull
6.5 Creedmoor
Come on, you KNOW that`s NOT part of the plan/agenda. Stall tactics, stall tactics i tell ya! Kick that can down the road!!!
I agree with @JunkBoxFull. This will drag out for a LOOOONNNNGGG time. Besides, for the judges, the cocktail and dinner circuit is just around the corner ( spring). Why would you ruin the potential if getting invitations to hob nob with the powerful over pesky things like rights?
maverick52
.223 Rem
The switch up of judges was deliberate. 2/3 judges are liberal. Clearly the fix is in. I don’t see how we win this. I guess the only recourse is an appeal to SCOTUS. Thomas did warn the second circuit to move expeditiously and told plaintiffs to appeal again if necessary. So we’ll. See. As far as I am concerned, they are not even enforcing the sensitive locations in a meaningful way. We haven’t heard of one arrest. Not even Frey. I think the CCIA will be like the safe act. A tack on charger when some other crime is being committed.
Saltwater60
.950 JDJ
This was a joke guys.
Saltwater60
.950 JDJ
I think they will toss us a bone on private property. NYS a will then give private property sign the power of law and then they will start enforcing it so again we will be worse off. I think we will get guns in churches and maybe bars, but most of the others will stay banned. They have been warned they have to do something. If they do nothing then it will surely go to the SC.
The real hypothetical question would be if that would be considered in line with Bruen and if that compromise would be viewed sufficient by SCOTUS. Being that the SC would most likely not intervene with the lower courts ruling without a hearing to GVR it would "kick the can" again for at least a year, if not more as an emergency stay was already passed up by the SC awhile back, offering guidance to speed up the process rather than intervene. Time will tell, but my money is on 18 months more at minimum.
camper4lyfe
.308 Win
The CCIA goes beyond the safe act and a tack on charge. They completely screwed over anyone wanting a CCW
maverick52
.223 Rem
Yes. The social media stuff, and the training made it more difficult to get. But its the sensitive areas that are the biggest issue. And what I am saying is that being charged for carrying in a sensitive location will be a tack on charge if you are committing another crime or in some sort of dispute.
ManualF150
.308 Win
I'm still trying to find out what happened with the guy in New Hartford, NY that was in Applebees that stopped the crazy knife man... I stopped by the premises and looked at all the doors and windows and I didn't see the green Lawful CCW Allowed notice.
Has that person been charged under the CCIA??
Has that person been charged under the CCIA??
Haven't heard a thing. If that means the guy wasn't charged, kudos to the area PD and the dude.
JunkBoxFull
6.5 Creedmoor
I bet we`ll never hear anymore about it. It doesn`t fit their tyrannical narrative, because he was "protecting" human life.
That doesn't happen and she doesn't need the data to know she is right
Saltwater60
.950 JDJ
Talk to any detective and there are plenty of people that have been charged and prosecuted under the safe act. We hear about arrests all the time on the news and in articles posted here.
Do you have any articles or direct citations your aware of you would be willing to post?
Edit- not challenging your position, honest curiosity.
Saltwater60
.950 JDJ
I know my dad and brother have both made safe act arrests. I know some were tossed out.
I mean honestly anything over ten rounds or any assault weapons arrest is a safe act arrest. Also any private sale person to person arrest is a safe act arrest.
Here is a general breakdown of safe act arrests per county.
Which counties have had the most SAFE Act arrests?
Republican lawmakers in Albany are pushing a new proposal to repeal New York state’s 2013 gun control law, the New York
www.politifact.com