Antonyuk and Gun Owners of America vs Bruen

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  • ShafTed

    Active Member
    Mar 21, 2013
    1,964
    Juuuuust over the line
    If this was America, Albany would already be swarming with U.S. Marshals, carrying thick stacks of arrest warrants, with a fleet of school busses to transport prisoners. But, under the present administration, this is no longer America.
     

    press1280

    Active Member
    Jun 11, 2010
    6,852
    WV
    Good cliff notes of NY’s response to this suit. These tactics will be used elsewhere.

    So they’ll just regurgitate the same losing arguments in Bruen.
    The good moral character is probably something that can’t be challenged unless someone gets denied I assume
     
    Oct 29, 2021
    740
    Dallas, texas
    So they’ll just regurgitate the same losing arguments in Bruen.
    The good moral character is probably something that can’t be challenged unless someone gets denied I assume

    They can because good moral character is a subjective determination and not objective. Why? because good moral character is a matter of opinion and not fact.

    Uf you read the entire complaint, that is not the only item they are challenging either. They are challenging all of the "sensitive places" that they added with the new law that were allowed before but wont be after September First.
     

    DC-W

    Active Member
    MDS Supporter
    Patriot Picket
    Jan 23, 2013
    25,293
    ️‍
    If you pass a background check you are of good moral character

    One is objective. The other subjective


    Sent from my iPhone using Tapatalk

    A lot of total scumbags pass background checks. They gave me a gun, after all.
     
    Oct 29, 2021
    740
    Dallas, texas
    Lets think positive though.

    The judge in this case is republican appointed by Bush. Thats a better sign then him being a demorat.

    That being said he has denied an extension to NY. He also wants to issue his order of denial or grant of the injunction.

    Odds are he is already planning to grant the TRO injunction or he would have granted the extension to NY to come up with more reasons to dismiss or deny the plaintiffs motions.

    We will know by the 1St if its granted or denied.

    It wont give the state much time to file an emergency appeal and motion for a stay with the CAC. Thats the real kicker. Lets see if CAC grants the stay, or actually follows Bruen.
     

    press1280

    Active Member
    Jun 11, 2010
    6,852
    WV
    They can because good moral character is a subjective determination and not objective. Why? because good moral character is a matter of opinion and not fact.

    Uf you read the entire complaint, that is not the only item they are challenging either. They are challenging all of the "sensitive places" that they added with the new law that were allowed before but wont be after September First.
    The sensitive places are another matter.

    The GMC could be used like May issue. Then again it may not.
    The reason numerous states and localities that were statutorily May issue never got sued was because you couldn’t get standing.
    It’ll be the same for GMC.
     
    Oct 29, 2021
    740
    Dallas, texas
    The sensitive places are another matter.

    The GMC could be used like May issue. Then again it may not.
    The reason numerous states and localities that were statutorily May issue never got sued was because you couldn’t get standing.
    It’ll be the same for GMC.

    Look at the Bruen case closely. It got dismissed for lack of standing. It was appealed, all the way to SCOTUS. NY tried to argue to get it sent back down to district court to be heard and over rule the dismissal.

    However SCOTUS chose not to do that and issue an opinion instead. Many different ways to get a case in front of SCOTUS. This case may end up in front of them over the Injunction.

    Sure... The CAC or even En Banc panel could dismiss the case. NY is still trying to have this case dismissed. However he will appeal to the SCOTUS even if the case is reversed and dismissed by CAC or En Banc. SCOTUS will then issue another opinion. SCOTUS wont let this one slide. SCOTUS already is pissed at NY for the prior NY case with NYC and the case being mooted.

    Also keep in mind this judge at the district court level is the East Coast version of St Benitez on the west coast.

    Like i said though, the biggest issue will come with the CAC and En Banc panels.
     

    press1280

    Active Member
    Jun 11, 2010
    6,852
    WV
    Look at the Bruen case closely. It got dismissed for lack of standing. It was appealed, all the way to SCOTUS. NY tried to argue to get it sent back down to district court to be heard and over rule the dismissal.

    However SCOTUS chose not to do that and issue an opinion instead. Many different ways to get a case in front of SCOTUS. This case may end up in front of them over the Injunction.

    Sure... The CAC or even En Banc panel could dismiss the case. NY is still trying to have this case dismissed. However he will appeal to the SCOTUS even if the case is reversed and dismissed by CAC or En Banc. SCOTUS will then issue another opinion. SCOTUS wont let this one slide. SCOTUS already is pissed at NY for the prior NY case with NYC and the case being mooted.

    Also keep in mind this judge at the district court level is the East Coast version of St Benitez on the west coast.

    Like i said though, the biggest issue will come with the CAC and En Banc panels.
    I wasn’t aware the district court said plaintiffs in Bruen didn’t have standing?
    On this case there’s quite a bit they’re challenging. IIRC plaintiff has a permit so GMC hasn’t disqualified him so he may lack standing on that point.
    Sensitive places are easily fair game IMO. He’s clearly harmed by the new law.
     

    jc1240

    Active Member
    Sep 18, 2013
    11,566
    Westminster, MD
    Good cliff notes of NY’s response to this suit. These tactics will be used elsewhere.

    How does that not now fall under "racism?"


    FB_IMG_1656549873820.jpg
     
    Oct 29, 2021
    740
    Dallas, texas
    I wasn’t aware the district court said plaintiffs in Bruen didn’t have standing?
    On this case there’s quite a bit they’re challenging. IIRC plaintiff has a permit so GMC hasn’t disqualified him so he may lack standing on that point.
    Sensitive places are easily fair game IMO. He’s clearly harmed by the new law.

    He does have standing when it comes time to renew his license because all of the new requirements are required for renewals as well. Especially the training.

    He will have to renew before this case comes to an end. Especially if NY use every tactic they can to delay the case.

    However if the Injunction TRO stands and doesn't get stayed. Then NY might want to rush this through to the end.

    My personal opinion though is that they did this simply because this is an election year. After the election they wont try so hard. They know the law is unconstitutional, they know SCOTUS will overturn it even if the En Banc pannel upholds it.

    But if you look at past statistics The 2nd circuit court and the En Banc panels are not near as defiant as the 9th circuit.

    What i also suspect is that the 2nd CAC will uphold the TRO and En Banc will be denied. When it gets to SCOTUS NY's Petition will get denied. Why do I say that? Is because if they force us to file a petition for cert with SCOTUS then SCOTUS may grant, and issue an opinion then things only get worse with another opinion. (For them)

    Its the reason NY and CA pushed DC NOT to take Wrenn v DC to the supreme court.
     

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