[JAMerolle]

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

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.

 

[JAMerolle]

Does any one here think that the State does not have the ruling yet? The minute the first ruling came out Hochul was ready. The same thing is happening now. The State is getting ready for new rules and regs because they have the ruling already. The judge is joined at the hip with Hochul and when she is ready, that's when the ruling will be made public. Suddaby is waiting for Hochul's thumbs up signal.

No, with more plaintiffs there is more to construct in response than the last time. He is not going to go against himself with his prior written statements. He understands his response will be appealed, therefore, I think he is making it bulletproof ( No pun intended). The last thing he wants is for the next judge to find flaws in his response successfully countering his work. He also understands this must be flawless with a high level of scrutiny it will receive. To have your research and hard work overturned is an embarrassment that he wants to avoid. He is not going to sell out his career and legal reputation to a governor who is here today and gone tomorrow. I would not be surprised if this takes over a week, so relax and pray.

 

[JAMerolle]

Sorry, I'm not there. Its all corruption. He's looking for a way to wriggle out gracefully. Wouldn't be surprised if they were on the phone right now making plans for a Caribbean vacation.

If that happens, it's going to be appealed and he is left with egg on his face in the end. Hochul can circumnavigate the constitution, judges cannot. He can be disbarred for crap like that. No way man.

 

[JAMerolle]

Yes, every state is landing victories and we are putting up with this crap for long enough. If Suddaby rebukes CCIA however allows for a Stay, what will the legal recourse be? Any feedback on the process thereafter is welcome. Thanks.

 

[JAMerolle]

Hey, maybe since he's retiring he wants to go out with a bang.(pun). Hopefully he will stick it to her and do the right and lawful thing.

I am sure Suddaby has family, children/ grandchildren. I think he is going to take pride in the world he leaves behind for future generations. No one wants to leave family defenseless in this crazy world. A great way to exit by defending the constitution in a landmark counter to dictatorship. With this mountain of work landed on his lap weeks before retirement, I am sure he detests Hochul as much as we do. Not surprised if this takes weeks to process.

 

[JAMerolle]

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.

 

[JAMerolle]

PP, let me pick your brain. Just to put the process in order here... The Circuit Court 'Three judge panel' is only deciding whether to continue the TRO while the District Court has its trial to permanently enjoin the CCIA? Hope I'm using the right terms. The whole point of the Circuit Court panel is to decide if the TRO "stay", should remain in effect through the trial?

Taking it further, if the District Court rules that the TRO is permanent which I suppose would nullify enforcement of the Law, then what does the Circuit Court do? I thought I knew this process, but apparently I don't.

Hey Guys, this video is clarifying.

 

[JAMerolle]

No, there really isn't any real point, with only 7 calendar days to go, other than getting a feel, for the Appeals Court's leaning, as respects the almost-guaranteed appeal, when NYS looses, again. The AP's action would be academic, between now and the 25th, since the original hearing takes place, no matter what the Appeals Court does with the TRO. 7 days or 3 weeks (post-hearing decision estimate), with or without the TRO, is not of consequence, at this point.
Gary

1. Is the entire CCIA under decision on the 25th or just what Judge Suddaby deemed unconstitutional?
2. Will the CCIA still stand during the appeals process if Juge Suddaby stands by his original decision?

Any feedback is welcome. Thank you.

 

[JAMerolle]

Good News For Church goers

 

[JAMerolle]

Hearing is scheduled to start at 10am tomorrow.

Thanks for the post! What is the timeline expectation for the best and worst scenarios?

 

[JAMerolle]

We cannot make any assessments, we did not hear and read everything. I think Judge Suddaby will be under the influence of 3 factors:

1. His prior acknowledgment
2. Judge Sinatra's ruling on places of worship set a nice precedence of fighting against the NY legal machine. Suddaby is no longer standing alone on a limb.
3. Lee Zeldon s debate tonight mentioned Hochul's CCIIA will be shut down did not hurt us.


If I had to guess, I think Suddaby's legal clerks have spent the last week proactively writing their response before today's hearing. I think today was just a formality leading to a foregone conclusion of the inevitable.

 

[JAMerolle]

Prior to the CCIA, those individuals who immediately filed amendments to remove the restrictions had successfully obtained a full carry.

Mr. Boosti, Can you clarify this sentence? I was one of those people who immediately filed. To my knowledge, nothing will be amended until the successful completion of the 16 and 2 course. Thanks for the feedback.

 

[JAMerolle]

State clearly declared at the court that the requested requirements are for those who applied on or after September 1st. Those who applied before Sept 1st before CCIA goes into effect should receive the unrestricted CC ( we know that yaphank accept the application and the money ) will they follow the law and issue the licenses? Thats the question.
From "Case 1:22-cv-05867-LGS Document 62 Filed 10/21/22 Page 1 of 41"
Page 5 into 6
"
The Act’s amendments to New York’s licensing statute went into effect on September 1, 2022. Ch. 371, 2022 N.Y. Laws § 26. Most of the amendments, including the character reference and social media disclosure requirements “apply only to licenses for which an application is made on or after” September 1, 2022. Id. § 26(a).3
"
I am NO lawyer and even ESL ( English second language ) please correct me if I am wrong. Always welcome to any education.


Sent from my SM-S908U1 using Tapatalk

Not understand how it's the law for those who applied before Sept 1st, that is way too good to be true. That will not happen unless Suddaby strikes the training down. I am going to get the training regardless of what Suddaby declares. There is something to be said about the legal education and the challenge that makes it worth it for me. With that said, I hope Suddaby strikes the training down, I don't want to deal with this every 3 years. God Help Zeldin get in, please !!!

 

[JAMerolle]

Is there a projection/anticipated date/time Suddaby will post his decision?

 

[JAMerolle]

New motion filed by Anonyuk/etc in Opposition re 46 MOTION to Dismiss for Lack of Subject Matter Jurisdiction

I am guessing Suddaby was waiting for this rebuttal before going forward. Any opinions on this counter are welcome.

 

[JAMerolle]

Does anyone know what this win in Buffalo means for us on Long Island?

 

[JAMerolle]

Which isn’t to say that it will not be appealed and stricken down by the second District Court of Appeal. But the current Scotus would surely take the case and rule in accordance with its already stated principles.
The judge noted “legislative enactments may not eviscerate the Bill of Rights“. https://storage.courtlistener.com/recap/gov.uscourts.nywd.142913/gov.uscourts.nywd.142913.52.0.pdf

Do you think Suddaby has been made aware of this case? Second, does this strike down church restrictions in all of NY or just in that region? It seems like Smith in this video eludes that it only applies to those in that region.

 

[JAMerolle]

Joe:
This decision only strikes down enforcement within the jurisdiction of this court, which is northwest NYS but, more importantly, it creates stare decisis (legalese, for court precedent), for other courts to follow. Judge Suddaby has to be aware of it, since it impinges on his case. Equaly important is that Judge Sinatra refused to allow the state's request for a stay of the court's order, so that that portion of the CCIA could stay in effect, while the state could arrange to appeal it.
Gary

What I do not understand is: Why will Suddaby's final decision render CCIA invalid in the Southern region/Long Island if Sinatra's decision does not directly affect us now? I am hoping we will not have to wait to win a direct lawsuit against SCPD before CCIA is rendered invalid for us.

 

[JAMerolle]

Because Suddaby is a federal judge with statewide jurisdiction? Versus a district judge?

Ok, one step closer to finishing this maze, Thank you.

 

[JAMerolle]

Because Suddaby is a federal judge with statewide jurisdiction? Versus a district judge?

Hold up , This video mentions the worship restrictions were struck down in federal court. Not understanding why it does not apply to us.