maverick52
.223 Rem
The title says it all. Just curious on what people are thinking.
Will the CCIA be Enjoined this Week? Case dismissed
- Thread starter maverick52
- Start date
dean3690
.357 mag
It would certainly be awesome if it is. Exciting week with CCIA court case decision and SLS launch.
Given the decisions striking down TX pistol age limit and CA magazines post Bruen, the chances are good. The more opportunities to properly test 2A laws against Heller and Bruen, the better.
Given the decisions striking down TX pistol age limit and CA magazines post Bruen, the chances are good. The more opportunities to properly test 2A laws against Heller and Bruen, the better.
The most I expect is for a low-level judge to rule against it, but no temporary stay while NY forces it through the myriad of bought-and-paid-for appellate judges until, maybe, in 10 years it reaches the Supreme Court, right after the Democrats stuff it full of liberal activists.
I expect Judge Suddaby to grant an injunction against it, either in full, or at least a large part of it. Then I expect Horchul to lose her shit and order the legislature back into session.
I am not sure of the court structure,- is the 2nd Circuit over Judge Suddaby?
If they are, I expect them to immediately overrule him in order to “save NYC and NYS”. And then hopefully SCOTUS would immediately take it up and slap the living shit out of NYS, Horchul, and the 2nd Circuit.
Also, I think Judge Suddaby (unless he suddenly gets killed in some “accident”) will issue his ruling just before 5PM on the 31st.
I am not sure of the court structure,- is the 2nd Circuit over Judge Suddaby?
If they are, I expect them to immediately overrule him in order to “save NYC and NYS”. And then hopefully SCOTUS would immediately take it up and slap the living shit out of NYS, Horchul, and the 2nd Circuit.
Also, I think Judge Suddaby (unless he suddenly gets killed in some “accident”) will issue his ruling just before 5PM on the 31st.
I'm sure someone will correct me if I am wrong, but suddaby isn't the 2nd circuit. And I agree it will most likely be at the last minute. I would also add I expect an appeal and request for a stay immediately.
I did a little more digging, and found that Judge Suddaby's Northern District of New York is under the 2nd. So, undoubtedly, IF Judge Suddaby issues an injunction, I am certain that Horchul & company will immediately appeal to the 2nd, which will issue a stay (in direct violation of Bruen, no doubt), and then a year or so from now, they will issue some kind of bullshit ruling which will then need to be appealed to SCOTUS...
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Saltwater60
.950 JDJ
I have little faith anything meaningful will come of this case. I think we will get an injunction on a few things. I think it’s clear that he has to place a stay on the carrying restrictions to let it be sorted out in court. From there it’s anyones guess. What should happen is the only place it’s banned it government buildings and courts and all those government services with the exception of criminal court cases should be available remotely so you can avoid these places if you choose.
I'm unsure we will get a stay on carrying restrictions, but nearly certain that if we do it will get appealed immediately to allow the courts to decide, therefore letting the law go into effect. Remember, thier (our) unlimited resources means they can game this, and probably will, for as long as possible. One could honestly believe that the long game for them is for downstate voters and having this play out past November helps thier cause. I have read here, albeit unverified, that the number of CC permit holders is approximately 1 in 20, and to any election cycle that's, to them, statistically zero, and really is zero. They don't need to win our votes, all they need is NY shitty and a couple other counties. That DOES NOT MEAN don't vote, but to them this issue is fly shit, so small they don't care.
C3D
.308 Win
We can expect at least some parts of the new law to be enjoined. I expect Hochul would have the same view, which is why Albany threw 100 new restrictions on the wall — to see which stick.
And expect disappointment from the 2nd Circuit, which has been hostile to the Second Amendment for many years. Hope that any case can get to the Supreme Court for a review before the Democrats pack the court or encourage their rabid supporters to assassinate a few conservative justices.
And expect disappointment from the 2nd Circuit, which has been hostile to the Second Amendment for many years. Hope that any case can get to the Supreme Court for a review before the Democrats pack the court or encourage their rabid supporters to assassinate a few conservative justices.
I don't see this as a voting issue that the Dem's in charge care anything about. You are correct that they need only win NYC and a couple districts upstate to control NYS (which is why I say that NYS is a complete lost cause, and those who can, should GTFO).
As far as the CCW issue, it is not that they don't give a shit about it. IT IS THAT THEY ARE FUCKING ANTI GUN AS IS HUMANLY POSSIBLE (with the possible exception being California).
So, if Judge Suddaby rules in our favor, that will get stayed immediately by the 2nd. Then, NYS and the judges of the 2nd who are in their pocket will drag their asses out for a year or longer and then issue another decision in direct violation of Bruen, and wait for SCOTUS to knock them down. It is the same pattern that the 9th in CA uses to delay and deny justice to the maximum degree possible. Their hope is that one or more of the conservative justices on SCOTUS dies or retires so they can turn SCOTUS back to their side, or until they will pack it after November. Hell, they have already appointed that complete ass clown Ketanji Brown Jackson...
God help us. I feel like I am seeing the decline and fall of the USA before my eyes. Probably how the Romans felt back in the day. The level and depth of corruption in our government, and the stupidity of much of the electorate is very damn discouraging.
As far as the CCW issue, it is not that they don't give a shit about it. IT IS THAT THEY ARE FUCKING ANTI GUN AS IS HUMANLY POSSIBLE (with the possible exception being California).
So, if Judge Suddaby rules in our favor, that will get stayed immediately by the 2nd. Then, NYS and the judges of the 2nd who are in their pocket will drag their asses out for a year or longer and then issue another decision in direct violation of Bruen, and wait for SCOTUS to knock them down. It is the same pattern that the 9th in CA uses to delay and deny justice to the maximum degree possible. Their hope is that one or more of the conservative justices on SCOTUS dies or retires so they can turn SCOTUS back to their side, or until they will pack it after November. Hell, they have already appointed that complete ass clown Ketanji Brown Jackson...
God help us. I feel like I am seeing the decline and fall of the USA before my eyes. Probably how the Romans felt back in the day. The level and depth of corruption in our government, and the stupidity of much of the electorate is very damn discouraging.
Depick
.308 Win
I don’t expect anything good coming our way but I’m very burned out and down on this whole situation so I can’t provide an unemotional opinion.
whatupbo
9mm
Nothing happened with the safe act , nothing will happen with this either.
FYI ALL of NY is under the 2nd circuit
Reading this thread..
Just more proof NY won the battle long ago.. cough cough, with a certain generation.
It's funny how some people claim that the younger generation are all babies and weak..
Yet this forum looks the way it does
Just more proof NY won the battle long ago.. cough cough, with a certain generation.
It's funny how some people claim that the younger generation are all babies and weak..
Yet this forum looks the way it does
Saltwater60
.950 JDJ
The safe act didn’t Defy a recent Supreme Court ruling as an FU. Judges like to be in charge and don’t want thier powers diminished. It will be interesting for sure.
Saltwater60
.950 JDJ
If so then we know judges and politicians can disobey the law of the land without consequences, oh wait, that happens regularly now. Stay tuned.
John Stark
.44 mag
These people who pass these laws are not anti-gun, they are anti-Rights for the common man.
They love guns as long as its their own security detail, gun closet or safe; for the various jackboots and sycophants in their employ; for those who bribe them enough for a permit; for law enforcement that goes along to get along (if the pay and pension is good); and for soldiers they can use as cannon fodder in wars they purposely start and then purposely lose (subsequently treating veterans as threats to national security and pond scum beneath their feet).
They are anti-gun only towards those that pose, even remotely, any kind of existential threat to the corrupt political, corporate, and legal cartels that they use to control the populace, and the new, anti-Constitution form of government they have illegally installed while the rest of us have been asleep at the chicken switch.
And the reason they can get away with being against the Second Amendment for anyone but their desired political allies is because the People who ought to be exercising it has allowed the train wreck to go on for more than a century.
maverick52
.223 Rem
I
i think they’ve fought the battle and lost for so many years cynicism set in. I’m younger and more optimistic but know it’s going to be an uphill battle. Its like the Battle of Helms Deep.
Good clarification / correction there John. You are 100% correct, - they are only anti-gun when it comes to us having firearms!
John Stark
.44 mag
Sure it did. The Heller decision was 2008, and judiciously far more sweeping than most give it credit for. The McDonald decision was 2010, and clarified just how sweeping Heller was.
UnSafe was patterned directly upon the Federal "assault weapon" ban that was cooked up by the Obamanation and his despicable regimes in light of the Sandy Hook murders, which occurred in 2012. It tracked very closely to the released legal texts that were coming out of DC before the Senate Republicans refused to allow it to be brought up for a vote, after Sandy Hook had played out.
UnSafe was a DIRECT challenge to both Heller and McDonald, as the bolsheviks running the shitshow shifted from new Federal laws (roadblocked by the Senate) to State laws in their attempt to blunt the sweeping nature of both Supreme Court decisions, AND to limit as much as possible (especially in the public eye) the reach and extent of how far those decisions were allowed to have an impact.
The day Heller came down the pipe, a ton of gun laws across all 50 states were already overturned.
If the Court had bothered to do its job with the multitude of cases brought before it in light of Heller and McDonald in the intervening 14 years since Heller and 12 years since McDonald, Bruen would have been completely unnecessary.
John Stark
.44 mag
Thank you for your honesty and polite reply. I get it so rarely these days it is frankly a breath of fresh air.
whatupbo
9mm
If the judge does his job , we’ll get the injunction, it’ll be stayed and still the law goes into effect, he rules against us, it goes into effect anyway…… that’s my line of thinking on how this plays out.
Saltwater60
.950 JDJ
What did the safe act do that defied Heller or McDonald? Maybe that’s safe storage regulations and that’s it. It Heller and McDonald don’t grant the right to fully functional AR-15’s.
Now I could be missing something so if you see it different let me know. The CCIA is much more blatant and is directly meant to challenge shall issue by defining good moral character and the sensitive places definition. Also the CCIA is meant to make it so difficult and cost prohibitive for you get want a CCW permit. I know many who were in the fence and this will push then to not do it.
IIRC, Heller said that weapons in common use could not be outlawed. The AR-15 being the most popular rifle in the USA by far meets that threshold. And UNSafe did thier best to outlaw it.
maverick52
.223 Rem
The difference now unlike when the safe act was passed is that intermediate scrutiny has ended. The standard of evaluating these laws is history text and tradition. And that’s it. So the CCIA cannot past muster even if we have to wait till it goes before the judge
And we are down to about 45 hours and 15 minutes to await a decision if Judge Suddaby issues one by 5PM (end of business day) this Wednesday.
Tick tock, tick tock…
Tick tock, tick tock…
US RIFLE M1A
.45 acp
If he were a liberal hack, he would have tossed this by now. I have a sense that he is writing a Pro 2A decision which has to run the gauntlet of the 2nd Circuit, on its way to SCOTUS.
I hope you are correct. Based upon your past responses to other legal matters, I hope your hunch is right.
US RIFLE M1A
.45 acp
There was recently a case which was tossed in favor of the gov't (defendant), by a plaintiff contesting mandatory serial numbers. This got the pro 2A community very unhappy and pessimistic.
However, the history of serialization of firearm parts goes back before the Civil War in order to keep track of parts that had to be hand fitted and then disassembled for finishing such a bluing. Usually in a mass-production environment with some limited hand work which is typical, even for today.
Presumably, this fell in line with T/H/T as mandated in Bruen, because it is Historical and Traditional for guns to be made in a certain way, then and now.
The CCIA flies in the face of any T/H/T except for the limited number of prohibited locations such as courts, polling places, legislative chambers...
Even a modernization of the prohibited locations doctrine (finding historical analogue) would be limited to airports, nuclear plants, military bases, due to sensitive technology which was not envisioned in 1791.
Any court decision which upholds any locations added to NY law in CCIA will be absurd and not worthy of respect.
(Text/History/Tradition)
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