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Court Cases Against New York’s CCIA
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I always enjoy Mr. Miranda's legal insight thought I frequently have to take a break from him. This might be the vid to bring me back for a bit.
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When he said that the law has been placed in a corner, I thought it is actually not just the law but the Commie establishment in Albany that has also been placed in a corner. Like a rat, that is cornered, they will start hissing and leaping at us with sharp teeth and beady eyes if their law is overturned.
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The math really isn't that difficult here. If the judge holds true to his word that the case had merit just that standing was in question this should move pretty quickly. He laid out the path pretty clearly and the new filing really sought to solve those issues. I'm interested to see the lines the judge draws against the CCIA. Hochul won't be taking a victory lap with James after this ruling I imagine.
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7,412 Posts
The TRO hearing is set, for tomorrow (Thursday) at 11am, for the state to present its arguments, to Judge Suddaby, as to why the TRO should not be issued. We should expect to have something, by Friday afternoon, Monday at the latest.
Gary
Gary
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Gary, if the Governor has a press conference. We know it will be her grandstanding again.
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I am not so confident. even if you get the order and even if you win the case and the law is deemed fully unconstitutional; this Marxists loon will just put up some other legal obstacle. Unfortunately what need s to be done will not be done.
There should be NO permits, everyone (adult) has the right to carry even if you are a convicted felon. If you are safe enough for public you must be considered safe enough to have a firearm. Otherwise it's a cell or the loony bin. That's another issue the street has taken the place of the mental wards...
Of course we have even bigger issues than this to fix too.
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110 Posts
Here are some recent filing related to the case:
Antonyuk v. Hochul (N.D. NY, Bruen response bill): RESPONSE in Opposition to Plaintiffs' Emergency Motion for Temporary Restraining Order filed by Don Hilton, Gregory Oakes. https://storage.courtlistener.com/recap/gov.uscourts.nynd.134829/gov.uscourts.nynd.134829.17.0.pdf
Antonyuk v. Hochul (N.D. NY, Bruen response bill): LETTER BRIEF In Opposition To Motion For A Temporary Restraining Order by Kevin P. Bruen, Judge Matthew J. Doran, Kathleen Hochul. https://storage.courtlistener.com/recap/gov.uscourts.nynd.134829/gov.uscourts.nynd.134829.18.0.pdf
GOA Response:
https://storage.courtlistener.com/recap/gov.uscourts.nywd.142551/gov.uscourts.nywd.142551.19.1.pdf
Antonyuk v. Hochul (N.D. NY, Bruen response bill): RESPONSE in Opposition to Plaintiffs' Emergency Motion for Temporary Restraining Order filed by Don Hilton, Gregory Oakes. https://storage.courtlistener.com/recap/gov.uscourts.nynd.134829/gov.uscourts.nynd.134829.17.0.pdf
Antonyuk v. Hochul (N.D. NY, Bruen response bill): LETTER BRIEF In Opposition To Motion For A Temporary Restraining Order by Kevin P. Bruen, Judge Matthew J. Doran, Kathleen Hochul. https://storage.courtlistener.com/recap/gov.uscourts.nynd.134829/gov.uscourts.nynd.134829.18.0.pdf
GOA Response:
https://storage.courtlistener.com/recap/gov.uscourts.nywd.142551/gov.uscourts.nywd.142551.19.1.pdf
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Saw this posted at about 5 PM on YouTube
![Font Parallel Number Screenshot Rectangle]()
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Has anyone heard anything yet?
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Syracuse federal judge remains skeptical of NY gun law as he considers whether to quash it
U.S. District Judge Glenn Suddaby has already said he finds parts of the state's new gun-control law unconstitutional.
www.syracuse.com
Syracuse federal judge remains skeptical of NY gun law as he considers whether to quash it
U.S. District Judge Glenn Suddaby has already said he finds parts of the state's new gun-control law unconstitutional.
Suddaby suggested that, if he does rule against the law, he might allow the state time to appeal before his order goes into effect. That would, in essence, leave the fate of the law to an appellate court.
You got to be kidding me, don't tell me this guy is going to punt the ball to an appellate court knowing the dam thing is unconstitutional to its core. Someone, please tell me this won't happen.
That's exactly what it means
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I get what you are saying in principle, but in practice that's just it. Fighting on every front, and continuing to get them back into Court in light of the Bruen decision, IS what needs to be done.
As to whether there should be permits, I totally agree with you that there should not be. I don't even believe there should be driver licenses. The firearm is the most effective means of protecting one's natural right to life. Similarly, the automobile is the most effective means of protecting one's natural right to travel and freely move about.
On the felon front, how dangerous a person is and how "safe" they are for the public is actually beside the point. Denying them the right to bear arms is correct in principle, even if not always so in practice. By definition, criminals are those who break the most important laws and rules of a society governed by free citizens. If you disrespect your fellow man in that way, or God forbid, actually harm him in some way, then you lose your own rights as a free citizen. No guns, no voting, no running for public office (that's whey they are target Trump btw), no serving on a jury etc. The solution is have fewer felony crimes in the first place and better, more efficient process for one to repay their debt to, and someday resume, their place in society.
You're the first other person I've heard acknowledge we have too many laws on the books and too many ways to get arrested. To be arrested for a felony should be reserved for serious matters, not the current lists that exist.
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7,412 Posts
Nothing posted, as of 7:45am. I'll check, several times, during the day.
Gary
Gary
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Probably not going to hear anything today, it’s Friday.
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The 1968 Gun control act is when felons were barred from possessing firearms regardless of criminal violence. prior to that and since about 1934 it was only those that committed violent acts. Before that only machine guns were barred from people who used them and broke laws with them, this may of been aimed at Italian crime syndicates. Prior to that NO such rules as they are likely unconstitutional. But hey we all expect some unconstitutional laws, especially in New York. I believe that If you are deemed safe to be amongst the public then you should have all rights. Now if you are not safe to be amongst the people then you should be institutionalized for mental health, in prison or put to death. That's how it was when the Bill of rights were crafted, though it was maligned and unchallenged by many. I do wish we had a hire standard for the death penalty wherever it is an option. IMO people convicted on purely circumstantial evidence should never face death. Far too many mistakes made in choosing to convict.
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7,412 Posts
Nothing posted, as of 9:15am.
Gary
Gary
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