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Discussion Starter · #1 · (Edited)
August 22, 2014 Update: Our case has been scheduled for briefing and argument before the same panel of judges that will hear the Connecticut case as was expected. Both New York and Connecticut are in the Second Circuit and are close enough in time that no other move would be reasonable by the court. The two cases going before the same court will allow our counsel to show how anti-gunners use whatever definition they want for an "assault weapon" and that it is a political term, not a real one, and has no meaning because it is defined differently in every jurisdiction that tries to use it. Each case will be argued on its own, just before the same judges.
Still not sure what date they have scheduled...but according to the NYRSPA, after the briefs are written and submitted, the 2nd circus usually hears the arguments 3 months later...so early December I would guess...

Just in time for another new years eve let down I assume.

Interesting argument...that the definition of an "assault weapon" is arbitrary and capricious (aka unconstitutional) because different states and agencies define an AW so differently...NYC vs. NY vs. CA vs. IL vs. TX for example.

Edited:
I read their brief again, and it is sound...but the 2nd circus is corrupt and biased.
 

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I just want our day in court. That is a interesting argument and I hope it works out, I just hope they also explains on how it also violates the 4th, 5th, and the 11th amendments as well. It has almost been two years since this crap act has plagued we the people of new York. Hopefully it's done after December but I'm in this for the long haul and I will not quit in till we prevail. Its been a honor to share this battlefield with all of you fine folks and let's keep pushing and stay the course.
 

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if we loose, which i fully expect, I cant wait to hear the spin from the judge. Murder is murder across all 50 states, cars are cars and a hammer is a hammer. But an assault weapon has no definition but the one the democrat feels is the most biased at the time of saying it. The army says an assault weapon is a fully automatic weapon or capable of 3 rd bursts. But Cuomo says an assault weapon is any semi auto with a detachible mag. I still dont understand how he can change the definition on a whole class of firearms and get away with it. By doing this , he could have corvettes outlawed. Maybe any sportscar that can do 0-60 in 3 seconds can be classified as a missle and a threat . If the courts let this type of argument stand, its opening up an even bigger can of worms. Hell, we can change any definition we want. Makes no sense.
 

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Discussion Starter · #4 ·
if we loose, which i fully expect, I cant wait to hear the spin from the judge. Murder is murder across all 50 states, cars are cars and a hammer is a hammer. But an assault weapon has no definition but the one the democrat feels is the most biased at the time of saying it. The army says an assault weapon is a fully automatic weapon or capable of 3 rd bursts. But Cuomo says an assault weapon is any semi auto with a detachible mag. I still dont understand how he can change the definition on a whole class of firearms and get away with it. By doing this , he could have corvettes outlawed. Maybe any sportscar that can do 0-60 in 3 seconds can be classified as a missle and a threat . If the courts let this type of argument stand, its opening up an even bigger can of worms. Hell, we can change any definition we want. Makes no sense.
Well...banning corvettes would be arbitrary and capricious...just like the large soda ban was deemed arbitrary and capricious (therefore unconstitutional)...

And large sodas aren't even mentioned in the Constitution. Or are they?
 

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not to be a debbie downer but i have a bad feeling about this one. Any time a court lumps a bunch of cases together it seems that they have already made a decision, and when a second circuit court makes a decision on guns its usually not a good one. I'll gladly stand corrected, but just be prepared to hold out a little longer in case we not only lose, but get slapped in the face with the seven round limit once again.
 

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Discussion Starter · #6 ·
not to be a debbie downer but i have a bad feeling about this one. Any time a court lumps a bunch of cases together it seems that they have already made a decision, and when a second circuit court makes a decision on guns its usually not a good one. I'll gladly stand corrected, but just be prepared to hold out a little longer in case we not only lose, but get slapped in the face with the seven round limit once again.
There is absolutely no doubt that the 2nd circuit will rule against us...and very likely reinstate the 7 round limit.

We will be lucky to own ANY semi auto guns after the 2nd circus gets done penning their "activist" decision.

After we lose in the 2nd circus, it gets appealed to SCOTUS...who will flat out absolutely 100% deny cert.
 

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Do not get your hopes up on this one boys. Years left for Scotus to see it and a NY Court system that is rigged is a fact.

Rob Astorino is our hope for a quicker and guaranteed turn around of safe. If voters fail him...well i for one will NOT deal with NY BS for another 3-4 years. Will you?
 

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I don't agree with anyone hunting deer with an assault weapon. Clearly someone hunting with an assault weapon is a criminal who should be in prison. Assault is a serious and violent crime, after all...and how in the hell does someone manage to hang onto the weapon they used in an assault, let alone keep their hunting license? So confusing... :bang:
 

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We will get the shaft plain and simple this will go to scotus and I think they will let the 10 round stand just not to make judge that rule against 7 round look like ass hole!!


P.S. WITCH JUDGE TO HEAR CASE???
 

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Discussion Starter · #10 ·
We will get the shaft plain and simple this will go to scotus and I think they will let the 10 round stand just not to make judge that rule against 7 round look like ass hole!!

P.S. WITCH JUDGE TO HEAR CASE???
You are being very optimistic if you think SCOTUS will even hear our case...that is a slimmer chance than us winning in the 2nd circuit.
 

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you are being very optimistic if you think scotus will even hear our case...that is a slimmer chance than us winning in the 2nd circuit.
i am staying positive i will lie to myself and keep believing that this is still the usa!!
 

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I have no doubt that we will lose in the 2nd Circuit. They're just a pothole in the road to SCOTUS. If SCOTUS will actually take the case is another matter entirely.......
 

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You are being very optimistic if you think SCOTUS will even hear our case...that is a slimmer chance than us winning in the 2nd circuit.
They will HAVE to if Cuomo remains in power come this November but it will take years for them to hear it.
 

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What of the other suits? Are they just waiting on this to be done or what? It's difficult to follow but months ago they seemed so active.
 

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IMO 60% they jam us 40% we come out ban lifted but reg is a go. Staying positive so i can be heart broken for Christmas and new years!!
 

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What of the other suits? Are they just waiting on this to be done or what? It's difficult to follow but months ago they seemed so active.
The Tresmond Law Suit is scheduled for a hearing on September, 10. Review the Tresmond Law Sticky for deails.
 

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There is absolutely no doubt that the 2nd circuit will rule against us...and very likely reinstate the 7 round limit.

We will be lucky to own ANY semi auto guns after the 2nd circus gets done penning their "activist" decision.

After we lose in the 2nd circus, it gets appealed to SCOTUS...who will flat out absolutely 100% deny cert.
Unzip your pants. Pull out your balls. Look at them. Really look at them closely. Decide if they are your balls or if someone else owns you. Act accordingly.
 
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