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Court Cases Against New York’s CCIA

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K

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#1,021 ·
I read it and it seems very clear that they cannot keep records of firearms registrations. It stopped when the law was passed. Here is is.

SEC. 106. AMENDMENTS TO SECTION 926. Section 926 of title 18 of the United States Code is amended— (1) by inserting "(a)" before "The Secretary" the first place it occurs; (2) by inserting "only" after "prescribe"; (3) by striking out "as he deems reasonably" and inserting in lieu thereof "as are"; (4) by striking out the last sentence and inserting in lieu thereof "No such rule or regulation prescribed after the date of the enactment of the Firearms Owners' Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established.

Seems pretty clear to even a caveman!
 
Gary_Hungerford

· SASI Firearms Chairman, LISAPA Training Committee
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#1,022 ·
sig45 said:
Hey Gary, on march 20th will we know that day what the deal is moving forward? Or will it take a few days. I feel like the 2nd circuit will keep all training requirements including the social media. But will rule alot of "sensitive areas" unconstitutional and obviously private property but the rest of the stuff i don't see moving in the 2nd circuit
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boosti said:
Listening to various 2A attorneys, the Second Circuit will only remove private property Restricted Locations. He said with all the other Federal cases happening, the CCIA will be at the SCOTUS in 3-5 years. The liberal judges are playing the game. Ignoring the Bruen decision.
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No, I don't expect the decisions to be rendered that same day. Expect 2~3 weeks thereafter, for them to find their convoluted path to ignoring the Bruen decision. I'm actually hoping they do ignore it, as SCOTUS has already warned them that, if they do, SCOTUS will fix it, quickly. I see SCOTUS taking the appeal this year, not in 3~5, then making the 2nd Circuit very sorry that it ignored the Bruen decision. Will SCOTUS void the educational requirements? It's possible, if they are pissed enough, at what the 2nd Circuit does but I expect that issue to be dealt with at the federal District Court level.

This set of hearings is, as Peconic Paladin points out, just about the already-issued injunctions. There still has to be a full trial of the issues, at the level of Judges Suddaby's and Sinatra's courts. The injunctions were temporary and prior to a full trial of the issues. We haven't had that, yet and, whatever the results of that, they will, again, go to the 2nd Circuit, on appeal, because NYS won't like the decisions of the District Courts, which we can expect to be even broader (more pro-2A) than the initial injunctions.
Gary
 
Ancap

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#1,023 ·
While I hope we win the battle in court. But we have to remind ourselves that the Supreme Court has a horrible record of defending the constitution in the past 200 years, even worse in the past 60-70 years. Matter of fact Thomas Jefferson and James Madison saw it’s failures during their lifetime

Gunowners have to stop being hyper focused and fight this battle on multiple fronts. Because if we loose are you working on Plan B,C,D…..……

…….Be Relentless!!!!
 
A

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#1,028 ·
Here is a link to the entire brief:
www.courtlistener.com

#351 in Antonyuk v. Hochul (2d Cir., 22-2908) – CourtListener.com

MOTION TO FILE AMICUS CURIAE BRIEF, on behalf of 30 Members of New York State Legislature, FILED. Service date02/23/2023 by CM/ECF.[3473447] [22-2908, 22-2972]--[Edited 02/23/2023 by EMC] [Entered: 02/23/2023 02:19 PM]
www.courtlistener.com www.courtlistener.com
 
spb1122

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#1,032 ·
I am asking you all to look at the brief, and if your state senator, and state assemblyman are not listed on the last 3 pages, write to them to ask them why they are not supporting the brief.
I contacted mine, and the one office that has responded so far is claiming the elected official did support the brief, and was supposed to be included, but are not listed do to a "clerical error".
Now, I'm a cynic, so of course I want to call BS on that claim, and I suspect political charades, but what if it is true?
The more names at the bottom of that brief the better, right?
 
Peconic Paladin

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#1,034 ·
spb1122 said:
Sorry, but I'm negative these days.
I'd say that is simple theatrics or political posturing.
That amicus, and $2.25 will get you on a Suffolk County bus...
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...It will also get you the arguments the 2nd circuit, the district court, and SCOTUS can use to decide the case and interrogate the parties' attorneys during oral argument.
 
Gary_Hungerford

· SASI Firearms Chairman, LISAPA Training Committee
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#1,040 ·
boosti said:
The Niagara County DA was only agreeing to one sensitive location as being likely unconstitutional under the CCIA.
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Exactly. This is not a big deal. This would never have held up, since there was never any historical support for this prohibition and both of the initial courts have already ruled that way.
Gary
 
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sig45
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