NYSRPA v. Cuomo

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  • Al Norris

    Spud Head
    Dec 1, 2010
    746
    Rupert, Idaho
    There is a lot of movement in Case #80, New York State Rifle and Pistol Association, Inc. et al v. Cuomo et al. This was the NRA sponsored case filed on March 21st. I honestly hadn't expected to see what I did, today, when I logged onto PACER.

    On April 11th, a First Amended Coplaint was filed.

    Then on April 15th, the Plaintiffs filed a Motion for a Preliminary Injunction. That same day, the Plaintiffs filed a Motion for Expedited Hearing on the MPI.

    On April 16th, the Defendants filed a Motion to Extend Time to File an answer to the complaint.

    On April 22, the NRA filed a Motion for Leave to File an Amicus Curiae Brief in Support of Plaintiffs' Motion for a Preliminary Injunction. That brief was authored by NRA attorney, Charles Cooper.

    On May 14th, another amici in support of the Plaintiffs, Motioned to File. That proposed brief is here. I could tell, by the writing style, that this brief was written by Chuck Michel, of the CA law firm, Michel & Associates. A very, very good read.

    It is significant that several NY law enforcement organizations and individuals have signed onto this amicus brief. This particular brief should carry a fair amount of weight with the court.

    The court has granted an small amount of time for replies and rebuttals. See the docket for complete information.

    A small note. The court here, is apparently treating this matter as a real impediment to the rights of citizens. Things are certainly moving much faster than all the other cases combined. Expect a hearing on the MPI (and any other cross-motions) to be held by August.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,455
    Westminster USA
    Yep, without the actual law being in effect, you're not infringed or harmed in the eyes of the law.

    we gotta wait.
     

    Knuckle Dragger

    Active Member
    May 7, 2012
    213
    A small note. The court here, is apparently treating this matter as a real impediment to the rights of citizens. Things are certainly moving much faster than all the other cases combined. Expect a hearing on the MPI (and any other cross-motions) to be held by August.

    This is, by federal court standards, warp speed. And it's only fitting given that the legislation was rushed through as 'emergency' legislation.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,827
    Bel Air
    Do you think someone will file the lawsuit at 8am on the 10/1, or at least that day?

    Most likely the suit will be filed very quickly. Immediate injunctions will be asked for (and may very well be denied).
     

    NY Marksman

    Member
    Feb 20, 2013
    32
    a few updates for anyone watching

    a few updates for anyone watching, with links for reading pleasure
    December 31, 2013: The Court (Judge Screnty) ruled against us on guns, but dismissed 7 round limit (capricious & arbitrary) and brake(misspelled + Precedent on misspelled portions of law...)

    January 3, 2014 Update: appealed. Here is a draft copy of the filing.
    https://www.nysrpa.org/files/SAFE/NYSRPA-SAFE-Draft-Appeal.pdf

    NY State also appeals the mag limits and grammar portions of ruling

    March 7, 2014 NYSRPA puts out a rough schedule of the appeals process: Appellant briefs and their replies should be done by mid-August 2014. There may be a CAMP conference in this case as they are common in the 2nd Circuit and are aimed at pre-appeal resolution. Oral arguments in the 2nd Circuit are generally scheduled approximately three months after the briefing is completed.
    March 26, 2014 Update: State Police are not enforcing 7-round magazine limits.
    http://readme.readmedia.com/NYSRPA-pleased-police-will-not-enforce-SAFE-Act-provision/8371847
    May 7, 2014 Update: 22 States led by Alabama have filed a Amicus Curiae in support of our lawsuit.

    https://www.nysrpa.org/files/SAFE/Alabama-amicus.pdf

    Additional supporting briefs by NRA, NSSF, Remington, Empire State Arms Collectors, New York State Sheriff's Association and Pink Pistols have also been filed.

    https://www.nysrpa.org/files/SAFE/NRA-amicus.pdf
    https://www.nysrpa.org/files/SAFE/NSSF-amicus2.pdf
    https://www.nysrpa.org/files/SAFE/Remington-amicus.pdf
    https://www.nysrpa.org/files/SAFE/ESAC-amicus.pdf
    https://www.nysrpa.org/files/SAFE/NY-Sheriffs-SAFE-Amicus2.pdf
    https://www.nysrpa.org/files/SAFE/PinkPistols-amicus.pdf

    May 8, 2014 Update: Here is a copy of the NYSRPA's Appellants brief.
    https://www.nysrpa.org/files/SAFE/NYSRPA-appellants-brief.pdf

    July 30, 2014 Update: Here is a copy of the State's Appellants brief.
    https://www.nysrpa.org/files/SAFE/NYS-Appellees-Brief.pdf
     

    NY Marksman

    Member
    Feb 20, 2013
    32

    NY Marksman

    Member
    Feb 20, 2013
    32
    malloy and cuomo cases now in tandem?

    this will either be really good or really bad, the court agreed to hear the cases of nysrpa v cuomo, and shew v malloy in tandem (same panel of judges for both)
     

    NY Marksman

    Member
    Feb 20, 2013
    32
    updates

    two quick additions to this case, appellants reply brief:

    http://nysrpa.org/files/SAFE/NYSRPA-appellants-response-reply.pdf

    and amicus brief from the NY Committee on Open Government regarding the powers of foil laws to get the number registered weapons, with no real data related to who registered them or where they were registered.

    http://www.nysrpa.org/files/SAFE/FOIL-Opinion-COGS.pdf

    Basically calling BS on most of the States brief, and goes to great lengths to point out that the arms being targeted are protected by the second amendment, it even has a couple of sections devoted to this, namely the aptly titled sections:
    "The SAFE Act Is Flatly Unconstitutional Because It Bans Protected
    Arms."
    "The Notion that a Complete Ban on a Commonly-Used Firearm Does Not Substantially Burden Second Amendment Rights Is Irreconcilable with Heller."
     

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