[Kevin McGrath]

I have been closely following some of the lawsuits against the CCIA. I also keep in touch with the GOA attorney on the Atonyuk case.
-Hardawayv Negrelli -Houses of Worship: Preliminary Injunction
-Antonyuk v Hochel- Restricted and sensitive places good moral character- Preliminary Injunction
-Giambalvo v Suffolk County
- NYSERPA v Bruen- second go round
Not sure what other cases are out there
There are some aspects of the law that are still troubling. The licensing agencies can still add more restrictive requirements that will just put us back to where we were. See below.

Also, Times Square and public transportation are still sensitive places. Going forward we need to make sure someone has standing so we can get most of this stuff blocked by a permanent injunction.

 

[Gary_Hungerford]

Kevin:
You may be aware of it but the preliminary injunction is not the end of the Antonyuk #2 lawsuit. It's only the opening salvo. There is still a full blown trial to be conducted, examining every aspect of the CCIA's ability to meet the strict scrutiny standards set down by the Bruen decision.
Gary

 

[Kevin McGrath]

Kevin:
You may be aware of it but the preliminary injunction is not the end of the Antonyuk #2 lawsuit. It's only the opening salvo. There is still a full blown trial to be conducted, examining every aspect of the CCIA's ability to meet the strict scrutiny standards set down by the Bruen decision.
Gary

 

[Kevin McGrath]

Gary,
I check in with The attorney for GOA periodically, and he said the trial for the permanent injunction is a long way off. In the mean time the SCPD can make up all the stupid rules they want to slow things down. I am an NRA certified pistol instructor and a chief range safety officer. I have had my permit for 42 years and they still want me to take a saftey class, and I shoot competitively every week. I disagree with them on having to take the class and why just to convert to a full carry. The law says only for renewals and new licenses. They are going to make life miserable until the trial for the permanant injunction. I hope in the trial we delve into everything. we have been tripped up in the past with the issue of standing. Thats why the preliminary injunction did not throw out the entire law. I think training will stay regardless, but the cost needs to come down. I suggest the trainers defer some of their income and donate it to the GOA, NYSERPA and other groups directly suing the state.

 

[Gary_Hungerford]

Kevin:
Judge Suddaby is a tickler, for "standing." As I understand it and, if you're speaking with the attorney for the GOA suit, I'm sure he'll tell you that the remaining issues of standing can be remedied, with the plaintiffs advising, on the stand, under oath, that they want firearms access to all of NYS' geography and transportation forms, other than the traditionally restricted areas of court, polling places and the like. As one of our other brethren said, to me, in a PM, Judge Suddaby has been hanging neon signs around the necks of the problems with the CCIA. Once this suit is settled, I expect that the CCIA will look like shredded rags, with no remaining substance.

I don't see the training and proficiency requirements being upheld, once they're under the magnifying glass of strict scrutiny. There is no history of it, for any of the other items protected by the Bill of Rights and the standards, for any one of them, have to be the same standards, for all of them. Yes, NY has had many years, in many counties, with training requirements. Same is true of the Sullivan Law. Their length of time, in effect, does not make them Constitutional.

If you can legally impose training and proficiency requirements, on the exercise of the 2nd Amendment, you can do that, for all of the others, which takes them out of the realm of rights, then places them in the realm of privileges, to be granted at the whim and caprice of the government.
Gary

 

[Kevin McGrath]

Agreed. I think the standing issue can be taken care of with the right testimony. Not sure why it was not done during the hearing, as it was easy to do. If you said you are traveling to Tennesee, you could have just as easily said you may go to the city to see a play in Times Square and take public transportation. Knowing now the way Judge Suddaby, is we need to cross all the t's and dot the i's. I think both Judge Suddaby and Sinatra did a good job of also Shredding the CCIA. Its just unfornuinate that we need to waste taxpayers money and ours to obtain a right that is already leagally ours.

 

[Michael Cohen]

Temporary stay by 2nd circuit on the PE

 

[Kevin McGrath]

This is turning into a legal ping pong ball. How the state got a stay is beyond me. I guess the appeals court Judges did not read the Bruen decision or maybe even The Suddaby Preliminary Injunction decision. It seems like this will go back and forth forever, which is exactly what the state wants. Judge Thomas needs to step in and slap these people silly.

 

[Stephen]

SCOTUS is being ignored, spat on, and laughed at by Gov. Hosebag. Her judge friends are behind her all the way. If you think this is a level playing field you're mistaken. We will lose every step of the way until this goes back to the high court. They know this. They are not worried.