New York Firearms Forum banner
21 - 31 of 31 Posts

· Registered
Joined
·
483 Posts
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 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.
For now, people who live throughout New York are able to carry concealed in public and private areas without the fear of being arrested.
 

· Registered
Joined
·
136 Posts
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.
For now, people who live throughout New York are able to carry concealed in public and private areas without the fear of being arrested.
It’s a very thorough and in depth decision with very little wiggle room for the 2 circus to maneuver but this is NY so we’ll see .
 

· Registered
Joined
·
13 Posts
Discussion Starter · #23 ·
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.
 

· Registered
Joined
·
483 Posts
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.
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.
 

· Super Moderator
Joined
·
5,173 Posts
Lol "pending panels consideration"
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.
 

· Registered
Joined
·
483 Posts
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.
Was watching a YouTube video that went over this. The attorney said this will be going to the Supreme Court.
 

· Super Moderator
Joined
·
5,173 Posts
Was watching a YouTube video that went over this. The attorney said this will be going to the Supreme Court.
It might go there but what will they do? Will they take it or kick it back to the lower court. Me I think they will take it since this is a direct slap in the face to them and this was done in direct defiance to their Bruen ruling. The supremes should have define history and tradition better. They also should have explained sensitive locations so we were not out in this situation. If the supremes did that it would be very clear and said and done. Time will tell.
 
21 - 31 of 31 Posts
Top