The CCIA will be heading to the Supreme Court. I was watching the news and the legal expert said this TRO will get appealed and the only course for a final outcome will be heard by SCOTUS.CCIA?
This is a win, only problem now is all those people who didn’t bother signing up for the 18 hour training to remove the restrictions are stuck waiting a few more months to get in a class. A lot of people thought the Judge was going to toss out the training and 4 character references and other portions of the CCIA.You are right. Hopefully the narrowness of ruling discourages 2nd Circuit Court of Appeals from overturning it. Much of the narrowness stems from limits in 'standing' or damage to the plaintiffs, typical legal fodder for an appeal.
The CCIA has snuck in other laws that need to be challenged. Other legal experts believe that the Second Circuit will overturn Judge Suddaby’s ruling.Interesting point, I registered a few weeks ago for a Jan class, on a bet that it would remain 'legal' or would anyhow be forced upon those of us in communist New York City. I have noticed more places advertising/starting to give the classes. There is another case Corbett v. Hochul in Southern District challenging the Training and it drills deeper and gives more evidence on the cost, etc. It also notes "the training requirement does not qualify (for a historical test exception) because it is not aimed at non-law-abiding individuals".
The Southern and Eastern District Courts in New York need to have similar legal challenges. Nassau County led by a Republican County Executive has the most stringent policy to get a pistol license since the CCIA. The Mid Term election was not a red wave because of inflation and crime. The only way to win is through the courts here in New York.The decision was definitely written to resist an appeal and Suddaby did a great job. Special attention given to standing issues and the court went beyond what was necessary and looked for historical analogs on its own, even though that is the state's burden. I'm thrilled he chose not to stay the ruling this time pending an appeal.
That said the second circuit could once again stay this in an administrative action with one judge and just not appoint a three judge panel to review that stay like they did with the TRO. Pretty obviously a stall tactic because everyone that honestly looks at this law realized it is unconstitutional.
Hope everyone is getting out to vote today.
This is just great! For those who lived in the Northern District are now back to the full CCIA law.Looks like the second circuit Court of Appeals issued a stay on the injunction today. The pissing contest continues.
https://www.longislandfirearms.com/attachments/7865aa7b-973d-4891-b90e-faa7bcc8efc9-jpeg.141144/ View attachment 67828
Was watching a YouTube video that went over this. The attorney said this will be going to the Supreme Court.The last panel never happened so I don’t think this one will either. We’re stuck in limbo but take it for what it is worth that the NYS lawyer said we don’t have standing because they are not enforcing the CCIA. If they aren’t enforcing it then…. I’ll leave that up to you and what you will do.