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SASI Firearms Chairman, LISAPA Training Committee
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Gary, does this stand statewide? This is huge.
The short answer is yes, inasmuch that the decision does not limit it to just the western district or the plaintiffs in the case.
Yes, as Peconic Paladin says, this applies statewide and it applies to ALL privately owned property, be it restaurant, shopping mall, etc. Judge Sinatra refused to provide the state with a stay, to appeal. Will the state appeal? I suspect so. Will the 2nd Circuit Court grant a reversal of the injunction? 50/50, since they did place a stay on Judge Suddaby's injunction but he granted them the 3 days to do it; so, unless and until that happens, Judge Sinatra's injunction is in force.
Gary
 

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Yes, as Peconic Paladin says, this applies statewide and it applies to ALL privately owned property, be it restaurant, shopping mall, etc. Judge Sinatra refused to provide the state with a stay, to appeal. Will the state appeal? I suspect so. Will the 2nd Circuit Court grant a reversal of the injunction? 50/50, since they did place a stay on Judge Suddaby's injunction but he granted them the 3 days to do it; so, unless and until that happens, Judge Sinatra's injunction is in force.
Gary
Gary, I believe the 3 day stay was just when he ruled on the TRO. If I remember correctly, when he ruled on the preliminary injunction, it went into effect immediately. But then 8 days later the state appealed to the 2nd Circuit and they put a stay on his ruling until a hearing. See below for him denying the stay upon his ruling.

The State Defendants' request for a limitation in the scope of this Preliminary Injunction and for a stay of it pending appeal (Dkt. No. 48, at 115-16) is DENIED. Signed by U.S. District Judge Glenn T. Suddaby on 11/7/2022. (sal) (Entered: 11/07/2022)
 

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SASI Firearms Chairman, LISAPA Training Committee
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Gary, I believe the 3 day stay was just when he ruled on the TRO. If I remember correctly, when he ruled on the preliminary injunction, it went into effect immediately. But then 8 days later the state appealed to the 2nd Circuit and they put a stay on his ruling until a hearing. See below for him denying the stay upon his ruling.

The State Defendants' request for a limitation in the scope of this Preliminary Injunction and for a stay of it pending appeal (Dkt. No. 48, at 115-16) is DENIED. Signed by U.S. District Judge Glenn T. Suddaby on 11/7/2022. (sal) (Entered: 11/07/2022)
You do remember correctly. I have too many cases and injunctions swimming in my craw.
Gary
 

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SASI Firearms Chairman, LISAPA Training Committee
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Yes. Way too many. A lot of moving parts. And James just filed an appeal to the 2nd Circuit
Let's see what the 2nd Circuit Court does. If they blindly stay the this injunction, as they did Judge Suddab'y injunction, then we know we're in for other fights, after the trials, since they would, then, seem to be supporting the state's position and not the Bruen decision.
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Let's see what the 2nd Circuit Court does. If they blindly stay the this injunction, as they did Judge Suddab'y injunction, then we know we're in for other fights, after the trials, since they would, then, seem to be supporting the state's position and not the Bruen decision.
Gary
The way it was written the 2nd could only deny. But you're right, how they react to this will be telling
 

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A new attack on us. The proposed senate bill 9601 will remove NRA instructors from the approved list to give the 18 hour class. They know that when the dust settles only the training will stay in the law. If you elimate the NRA instructors, there is virtually no one left to give the class. What better way to keep people from getting a license. They are desperate and will be trying anything.
Here is the link if you want to read it.

Bill Text: NY S09601 | 2021-2022 | General Assembly | Introduced | LegiScan
 

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I truly do hope, that the old hag with the beaver teeth, is storming around the governor’s mansion, taking it as a personal insult, chewing tums for the ulcers, while monkeys are flying out of her butt.
 

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What is troublesome about this is that in a way it contradicts the stated purpose of the CCIA. If the current State administration was truly concerned with safety and education why would they eliminate the biggest source of “duly authorized instructors” in the State. I know the answer, however, I wish there was at least some intelectual honesty in the process.
 

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Just for S&G's why hasn't anyone gone directly to SCOTUS at this point? I know they're likely to say no, but given how many times the appellate court seems to have thumbed their nose at them, you've gotta figure someone would give the justices a chance to just take it over.
 

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If nothing else our adversaries are pretty smart.
Yes they are pretty smart and they also have no morals, no character, no concern for the rule of law, are cheesy liars and reprobates. Aside from that, pretty smart, like Al Capone and Jesse James smart.
 

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Just for S&G's why hasn't anyone gone directly to SCOTUS at this point? I know they're likely to say no, but given how many times the appellate court seems to have thumbed their nose at them, you've gotta figure someone would give the justices a chance to just take it over.
They cannot because the Supreme Court has not jurisdiction in this matter except on appeal from lower courts per federal law (district-circuit-supreme).

Per Article III, Section 2, Clause 2 of the Constitution:

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction [ie going directly to it]. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

Further, the lower courts, per Bruen were in fact thumbing their noses at SCOTUS. But they have not (yet) done so post Bruen. That remains to be seen.
 
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