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Court Cases Against New York’s CCIA

95900 Views 1135 Replies 56 Participants Last post by  Gary_Hungerford
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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, if the Governor has a press conference. We know it will be her grandstanding again.
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The state yesterday argued the plaintiffs have no standing. The state isn’t forcing private businesses to ban guns. It will be interesting what the judge rules.
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Nothing posted, as of 8:10am.
Gary
Gary, we might have a case heading to the Supreme Court this session stemming from a Massachusetts resident arrested back in 2004 in Washington D.C. who had a valid MA pistol license.
We might have National Reciprocity!
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The Bruen decsion already gave us reciprocity, by incorporating the Equal Protection Clause of the 14th Amendment into that decision.
Gary
Gary, this case needs extra attention. If a New York resident is in a red state like Florida and caught carrying concealed without a valid Non resident FL CCW. It is a collar post Bruen. We need SCOTUS to take this case because National Reciprocity won’t ever get passed in the Senate.
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I appreciate your optimism and always hope for a successful 2A decision but I would want the Supreme Court to go back and straighten out our own mess here in NY that our Gov made and then work on other things dont you think?
The Supreme Court might not see this case for many years. The legal experts are saying the NYSRPA v. Bruen case will effect other states with unconstitutional laws while here in New York we will see the state dragging the CCIA lawsuit. The CCIA might be removing certain sections of the law to prevent it from going to the Supreme Court.
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Nothing posted, as of 10am.
Gary
Gary, another blow to the 2A, the Supreme Court won’t hear the Bump Stock case.
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The Supreme Court kicked back that case out of Massachusetts regarding that Dr. who was arrested in Washington D.C., back to the First District because of the recent NYSRPA v. Bruen decision and start from the beginning.
This is another case that will get dragged on for years. If the SCOTUS heard this case, it was going to give us National Reciprocity.
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Nothing posted, as of 7am but, given the time that Judge Suddaby is taking to file his decision, it suggests, to me, that he is very carefully wording it, so that NYS has no wiggle room.
Gary
Gary, this happened with the original case that was mooted. We waited, thinking the judge was careful with his decision.
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I know I shouldn't say this but. Look at the "Gun Culture" on Long Island for the past 40 years that I knew it.. The shops where unkempt men walk behind counters pretending their important and sounding ignorant with every grunt. Displaying amazing attitude, presuming they are more knowledgeable then customers who are sometimes quiet and far more knowledgeable then they. Spending time talking to their shooting buddies and other shop hang around's who are often on disability, medical leave, retired with little to do or unemployed and seemingly unemployable. This is how those who dictate see gun guys in lower NY; It may be stereotyping but it's reality. These stereotype-rs are the ones who have influence. They are your doctors, lawyers, engineers (whatever is left on LI) etc... Gun culture has not endeared itself to them. They simply listen to how one speaks, observe their appearance and unconsciously or consciously decide that you should not carry a firearm. Smoking, chained keys on your belt, motorcycle tee shirts all add up to small minded idiots in their eyes. This is / was a part of the problem.
This is another reason why i do not think this judge will enjoin this law. He has little to write at this point since he already wrote regarding his findings in the original case; has a plethora of reason to enjoin considering the ruling and has discretion regarding standing. No, if this judge believed in the ubiquitous reach of the 2nd amendment he would of done it by now in a clear decision. He will not enjoin... and as I said before if he does issue some form of injunction it will be limited and/or accompanied by language that will provide basis for new laws to infringe on your 2nd amendment rights. In this I am nearly certain.
The vast majority of the gun buffs are like cop buffs or volunteer firefighters who get a bad rap.
We have pro gun organizations that are fighting the good fight now for everyone.
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Exactly. Bruen didn’t give us reciprocity because that wasn’t all the issue in that case. But it did give us the basis for it for to be ruled on in a future decision.
It’s dangerous when people are telling us Bruen gave us unrestricted carry and national reciprocity because of the recent decision.
It is like Heller, when that decision came out we had the same belief it was going to give us unrestricted carry.
We have to be aware of the current state laws still in effect.
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While we are collectively holding our breath....I'm curious what you all feel is the counter arguement to NY's assertion that they are not banning guns from private property, that the onus is on the property owner to post a notice they are welcome. This is of course (by intent) the reverse of all other states prohibitions regarding private property. Can only imagine the smirky faces of the liberal lawyers who thought this was so clever. Is there any constitutiuonal basis for what they are trying to do here versus the most commonly applied required signage?
The States argument is they are not banning firearms from private property. This is how they are skirting the question. The Governor said all you do is put a “Guns Welcome Sign” as her jab at giving the Finger to private businesses willing to lose customers for that sign.
I know....that's what I wrote. My question was is there any precedent for that twist anyone is aware of.
We will learn when the Judge has a decision.
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Nothing posted, by Judge Suddaby, as of 12:30pm.
Gary
Gary, Thanks for the updates!
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Nothing posted, as of 2pm and, as several others suspect and have suggested, I think it's because the number of plaintiffs does require very careful wording, to adequately cover the scenario of each, while giving NYS no wiggle room.
Gary
I am sure their will be huge news breaking!!!
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Nothing posted, as of 9:30am.
Gary
Gary, was there an official date? I recall with the last case it wasn’t on the date we anticipated.
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There is absolutely no reason that a license holder that has completed a required concealed carry course should not be able to go out to SCPD and get their license amended on the spot to full carry when this goes through. That’s it. No interview no references we have already had those unconstitutional infringements.
The Judge just eliminated this SCPD requirement. Hopefully this ruling remains permanent!
Does anyone know if GOA will seek to take down the training requirements when the case migrates to the 2nd circuit? Furthermore, places of worship, as a sensitive zone, is not constitutional, I am hoping this will be challenged as well.
The Judge made an exemption for people deemed as security at places of worship. The training portion is used in other states for people who want a ccw.
The CCIA will eventually be dismantled. Ultimately, the SCOTUS will hear this in about 10 years.
One more thought, the TRO eliminates the interview with police. Does this mean that the clock starts to process the application when you bring the form in? I.e they have 6 months to process by law?
The County will still have you come down to get fingerprinted and the Officer go over the paperwork with you.
What stops the next liberal governor to introduce a law requiring 80 hour training in order to keep my constitutional right? Training is good but unconstitutional IMO.
The next Governor after Hochul will be a Trans Non Binary anti gun American!!!
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We will have more restricted/sensitive areas pop up in various villages, towns and cities throughout New York.
This will eventually be forced back to the Supreme Court to rule the CCIA unconstitutional.
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