It’s only an E Felony if you are caught if this law ever makes it!Monday is August 1st. In 30 days it will be Sept 1st and the CCIA takes effect. Are we going to get an injunction before then or will all CCW holders be turned into Class E felons?
I think the injunction is going to be granted. The CCIA is such a gross in your face violation of the letter and spirit of the Bruen decision I'd be very surprised if any court would allow it to stand. The fact that even states as left wing as NJ and CA are bending to the Bruen decision is an indication NY, in its zeal to step on the 2nd Amendment rights of law abiding citizens (even those that got preferential treatment under the proper cause licensing scheme), spit into the wind by passing it. We shall see.Monday is August 1st. In 30 days it will be Sept 1st and the CCIA takes effect. Are we going to get an injunction before then or will all CCW holders be turned into Class E felons?
supposedly the judge will make a decision on Aug 23Monday is August 1st. In 30 days it will be Sept 1st and the CCIA takes effect. Are we going to get an injunction before then or will all CCW holders be turned into Class E felons?
The judge is Glenn T. Suddaby. He was nominated to the court in 2007 by Bush. That said I think even a liberal judge isn't going to stand by legislation that is as grossly contrary to a recent Supreme Court ruling. The Bruen ruling removed a lot of the wiggle room that remain after Heller and McDonald regarding 2nd Amendment issues.Who is the judge? If he is a Lib don’t expect the law to be followed.
GOA NYS LawsuitDo we know which lawsuit is being heard for injunction?? I know there is currently three active suites pending
New York can appeal all it wants. No appeal changes the fact that they made a stupid decision to craft the law as it has been crafted. It totally ignores the clear wording of Bruen (evidenced by the fact the other states decided not to poke the Supreme Court in the eye) AND seems to have totally disregarded the extent to which the upgrade in scrutiny has changed what is required for laws addressing 2nd Amendment to pass Constitutional muster. It's as if no one from their side actually read and understood the decision, which may actually be true since they had been planning this legislation prior to the Bruen decision being rendered.If this injunction takes place, New York will appeal.
The fun will begin.
It will become a freak show if the injunction takes place. SCPD,SCSO along with NCPD will delay issuing a unrestricted pistol license because the State is appealing. The other states still have requirements for obtaining a pistol license and have restrictions also, not as severe as NY.New York can appeal all it wants. No appeal changes the fact that they made a stupid decision to craft the law as it has been crafted. It totally ignores the clear wording of Bruen (evidenced by the fact the other states decided not to poke the Supreme Court in the eye) AND seems to have totally disregarded the extent to which the upgrade in scrutiny has changed what is required for laws addressing 2nd Amendment to pass Constitutional muster. It's as if no one from their side actually read and understood the decision, which may actually be true since they had been planning this legislation prior to the Bruen decision being rendered.
As mentioned prior, a judge in CALIFORNIA demurred four gun charges based on the fact that the charges were violations of laws that are now unconstitutional given the Bruen decision. Massachusetts, Delaware, Maryland and other anti-2A states have removed restrictions based on the Bruen decision. The Governor is acting like a spoiled child thrown a temper tantrum when things don't go their way.
The appeal does NOT give them the authority to stop issuing licenses. If they refuse to issue licenses that becomes another lawsuit they will lose. Your right to keep and bear firearms is as much a right as your freedom of speech, freedom of religion, freedom of assembly, etc. You're still viewing the 2nd Amendment as if Bruen never happened. It's the same flawed mentality the Governor and Legislature has expressed in passing CCIA. The licensing authorities cannot refuse to issue licenses without risking lawsuits against the agencies AND individuals that head those agencies who will not have qualified immunity against person lawsuits.It will become a freak show if the injunction takes place. SCPD,SCSO along with NCPD will delay issuing a unrestricted pistol license because the State is appealing. The other states still have requirements for obtaining a pistol license and have restrictions also, not as severe as NY.
The issue is people are waiting over a year for a guaranteed right. This did not happen because of NYSRPA v. Bruen. The long wait times and pistol license requirements have always been an obstacle.The appeal does NOT give them the authority to stop issuing licenses. If they refuse to issue licenses that becomes another lawsuit they will lose. Your right to keep and bear firearms is as much a right as your freedom of speech, freedom of religion, freedom of assembly, etc. You're still viewing the 2nd Amendment as if Bruen never happened. It's the same flawed mentality the Governor and Legislature has expressed in passing CCIA. The licensing authorities cannot refuse to issue licenses without risking lawsuits against the agencies AND individuals that head those agencies who will not have qualified immunity against person lawsuits.
The 2nd Amendment, Heller, McDonald and Bruen are clear on the right of law abiding citizens to possess and carry firearms for personal protection. Not only would there be lawsuits for refusing to issue licenses there will be gun cases thrown out of court because the laws broken will be deemed unconstitutional.
I seen the M1 9mm with a bayonet lug sold at a very popular gun shop that was involved in the Rice Conspiracy.The Left seems to assume that laws passed that they do not like are “optional” for them to follow. Another note, I hear some gun shops are selling ARs with the AR-MR2 device, operational with a mag drop when the upper is opened. I thought only the fixed mag option, along with it epoxied was the only NY compliant Option.
Correct, the wait times have nothing to do with Bruen. That said I think Bruen is going to be a catalyst for lawsuits challenging the wait times and the reasons for them (references, interviews, intrusive application process, etc.). There is no rational reason Florida can process an application in 45 days and it takes New York 24 months.The issue is people are waiting over a year for a guaranteed right. This did not happen because of NYSRPA v. Bruen. The long wait times and pistol license requirements have always been an obstacle.
The new ruling will vanish the long process and training requirements for a Concealed Carry License.