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"48

Aug 31, 2022

DECISION AND ORDER that Plaintiffs' Complaint (Dkt. No. 1 ) is sua sponte DISMISSED without prejudice for lack of subject-matter jurisdiction pursuant to Fed. R. Civ. P. 12(h)(3}. Plaintiffs' motion for a preliminary injunction (Dkt. No. 9 ) is denied without prejudice as moot. Defendant's motion to dismiss for lack of subject-matter jurisdiction (Dkt. No. 21 ) is denied without prejudice as moot. The Clerk is directed to close this action. Signed by Chief District Judge Glenn T. Suddaby on 8/31/2022. (sal ) (Entered: 08/31/2022)" Docket for Antonyuk v. Bruen, 1:22-cv-00734 - CourtListener.com
 

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OK... the judge's decision sucks balls - BUT it is a legally correct decision. The plaintiffs would have been smacked down almost immediately on Bruen's appeal to the 2nd Circuit due to the 'standing' issues.

Trust me - I'm pissed as hell that as of tomorrow I'll be a felon for having dinner in a restaurant that serves beer, or going to get groceries because they didn't put a "Guns Allowed" sign on the front door. Shit - I'm not even in NY now... when I fly back, will the fact I am picking up a suitcase with my handgun inside from the luggage belt make me a felon?

That said - the decision basically laid out a roadmap on how to fix and refile the motion for a new preliminary injunction. The merits are valid - but they a.) need to find plaintiffs with proper standing and b.) they need to sue the right person or government entity. NYSP Superintendent Bruen is a political appointee running the State Police. But any police/peace officer in NY can enforce these new laws. Gain legal standing, sue the right people and you have a victory.

Finally, the Gun Owners of America need to find themselves a better lawyer. They made a decent first attempt as the judge agreed on the merits of the motion - but they did a shitty job of preparing Antonyuk.

This was just the first shot fired in the battle - and while we may have lost, it's not over.

So don't get all angry and 12-yr old emotional about this. The judge wrote a 78 page decision explaining his decision. He could have been like "No standing, fuck you, dismissed with prejudice" one page decision.

I get the sense he wanted to order the injunction but his hands were tied.

Keep up the good fight. Remember - vote out that miserable botox facelifted witch **** in November and every democrat member of the state Assembly and state Senate. Talk to all your friends and buddies. Get them to vote. This election is ours to lose regardless of the state party enrollment numbers. Zeldin is 8 points behind in polling putting him in striking distance - no one has gotten that close since Pataki. Democrats are also pissed at their ruling party too.
 

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OK... the judge's decision sucks balls - BUT it is a legally correct decision. The plaintiffs would have been smacked down almost immediately on Bruen's appeal to the 2nd Circuit due to the 'standing' issues.

Trust me - I'm pissed as hell that as of tomorrow I'll be a felon for having dinner in a restaurant that serves beer, or going to get groceries because they didn't put a "Guns Allowed" sign on the front door. Shit - I'm not even in NY now... when I fly back, will the fact I am picking up a suitcase with my handgun inside from the luggage belt make me a felon?

How can they have no standing?!?!?!?!? They were affected by the new CCIA prohibitions.
 

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OK... the judge's decision sucks balls - BUT it is a legally correct decision. The plaintiffs would have been smacked down almost immediately on Bruen's appeal to the 2nd Circuit due to the 'standing' issues.

Trust me - I'm pissed as hell that as of tomorrow I'll be a felon for having dinner in a restaurant that serves beer, or going to get groceries because they didn't put a "Guns Allowed" sign on the front door. Shit - I'm not even in NY now... when I fly back, will the fact I am picking up a suitcase with my handgun inside from the luggage belt make me a felon?

That said - the decision basically laid out a roadmap on how to fix and refile the motion for a new preliminary injunction. The merits are valid - but they a.) need to find plaintiffs with proper standing and b.) they need to sue the right person or government entity. NYSP Superintendent Bruen is a political appointee running the State Police. But any police/peace officer in NY can enforce these new laws. Gain legal standing, sue the right people and you have a victory.

Finally, the Gun Owners of America need to find themselves a better lawyer. They made a decent first attempt as the judge agreed on the merits of the motion - but they did a shitty job of preparing Antonyuk.

This was just the first shot fired in the battle - and while we may have lost, it's not over.

So don't get all angry and 12-yr old emotional about this. The judge wrote a 78 page decision explaining his decision. He could have been like "No standing, fuck you, dismissed with prejudice" one page decision.

I get the sense he wanted to order the injunction but his hands were tied.

Keep up the good fight. Remember - vote out that miserable botox facelifted witch **** in November and every democrat member of the state Assembly and state Senate. Talk to all your friends and buddies. Get them to vote. This election is ours to lose regardless of the state party enrollment numbers. Zeldin is 8 points behind in polling putting him in striking distance - no one has gotten that close since Pataki. Democrats are also pissed at their ruling party too.
I just spoke with a Buffalo, NY TSA Agent a half hour ago about traveling with a firearm to and from New York State. He stated, if you lock up the firearm properly before you leave your home (not pulling into an airport carrying concealed) this law would not apply as technically you are not carrying a concealed, loaded firearm on your persons.

I told him that I agree with what he's saying as it sounds reasonable but, I know a lot of these cowboys aren't reasonable and I would feel more comfortable with seeing that printed in black and white. Luckily I called from a recorded line from my office but, I still won't be happy until I see it in black and white print.

Please do not take what I just said and legal advice. I'm not a lawyer and this is just what I was told over the phone. I recommend anyone traveling to and from an airport in the ridiculous State of New York to call the TSA at that airport.

Hopefully this BS comes to and end soon!

Edited Actually, after looking over the document put out by the New York State Division of Criminal Justice Services, they do not specifically mention the work "airport" at all. That being said, an airport would definitely be considered "Public Transportation".

For those of you who would like to read this BS you can CLICK HERE.
 
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