Antonyuk and Gun Owners of America vs Bruen

[swinokur]

Law goes into effect today


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[ToneGrail]

I would think that they would need a plaintiff who is a permit holder currently living or owning a business in Times Square. That would be a slam dunk.

 

[press1280]

The ruling was made quickly so at least they can get plaintiffs together and refile and not wait years.

 

[lazarus]

Certain aspects of the law like the sensitive places should have been grounds for standing as before Bruen these permit holders had very few off limits places.
The permit requirements may be another story though.
Perhaps several smaller suits attacking separate facets of the law might fare better.
A non-resident suit should also proceed.

That was part of the argument was that the plaintiff would be harmed as they were likely to end up carrying in places by accident now considered sensitive places under the law because almost everywhere was.

I think this is an instance that the judge ruled that the harm was hypothetical and thus did not have standing.

I THINK. I might be wrong on that.

Though the judge then went on and basically called the law horrible.

 

[Texasgrillchef]

Pay attention folks…

He can file an appeal with the circuit court. The same thing happened with the first Bruen case. The one we won with SCOTUS.

The case isn’t over yet.

 

[lazarus]

Pay attention folks…

He can file an appeal with the circuit court. The same thing happened with the first Bruen case. The one we won with SCOTUS.

The case isn’t over yet.

It isn't. But TBH, I hope they are also examining the ruling and either looking to amend (it was dismissed without prejudice) and/or appealing. And finding others to file brand new suits with a better chance of standing.

To others, I don't think this is going to take 2-3 years. I think this is going to be days, weeks, or short months to get a TRO on the law.

 

[Texasgrillchef]

It isn't. But TBH, I hope they are also examining the ruling and either looking to amend (it was dismissed without prejudice) and/or appealing. And finding others to file brand new suits with a better chance of standing.

To others, I don't think this is going to take 2-3 years. I think this is going to be days, weeks, or short months to get a TRO on the law.

It won’t be days, because even in this case it took a few weeks just to get a hearing. Not unless a different person files an emergency TRO or something.

I can tell you for a fact they will be filing an appeal. If if the 3 judge panel affirms, an En Banc can be requested, and even if that is denied, one can still petition SCOTUS. They could even petition scotus on an emergency shadow docket for a TRO. That very rarely happens though because this isn’t a death penalty case either.

Suffice it to say… the case is NOT over.

 

[jcutonilli]

Pay attention folks…

He can file an appeal with the circuit court. The same thing happened with the first Bruen case. The one we won with SCOTUS.

The case isn’t over yet.

While the two case were both dismissed, they were dismissed for very different reasons. The NYSRPA v Bruen case was dismissed for a failure to state a claim because a previous decision already decided the case. This case was dismissed for lack of jurisdiction related to standing. I have not finished reading the opinion and validating what was said, but there seems to be issues with the arguments given the plaintiff and their situation.

I think the better thing to do is find a better plaintiff.

 

[swinokur]

That shouldn’t take long as the law went into effect today.

Let the arrests begin


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[Michigander08]

The NRA endorsed Hochul in 2012 when she ran, and lost, the race for the 27th Congressional District seat to Republican Chris Collins. Hochul had an "A" rating with the NRA and for a House voting record to protect the Second Amendment and rights of gun owners, including voting in favor of a law to allow people with a valid permit to carry their concealed weapon in any U.S. state.

"I don't know why people aren't talking about that and why she hasn't addressed that," Suozzi said. "Hochul is talking how Congress did not act in 2012 and she was in Congress right around that time and she was endorsed by the NRA. It's really the height of hypocrisy."

Hochul brushed off a question about her past NRA endorsement Wednesday during a press conference in New York City where she announced several executive orders and gun control legislation to help identify and stop radical white supremacist rhetoric fueling racist attacks across the nation.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Hochul is a ***bag!

 

[ToneGrail]

The NRA endorsed Hochul in 2012 when she ran, and lost, the race for the 27th Congressional District seat to Republican Chris Collins. Hochul had an "A" rating with the NRA and for a House voting record to protect the Second Amendment and rights of gun owners, including voting in favor of a law to allow people with a valid permit to carry their concealed weapon in any U.S. state.

"I don't know why people aren't talking about that and why she hasn't addressed that," Suozzi said. "Hochul is talking how Congress did not act in 2012 and she was in Congress right around that time and she was endorsed by the NRA. It's really the height of hypocrisy."

Hochul brushed off a question about her past NRA endorsement Wednesday during a press conference in New York City where she announced several executive orders and gun control legislation to help identify and stop radical white supremacist rhetoric fueling racist attacks across the nation.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Hochul is a ***bag!

Just goes to show that she will do or say anything to get elected.

 

[eruby]

Better a Red Flag than a Red Bandana .

Janis Joplin (and her harpoon) weeps

 

[swinokur]

Bobby McGee too


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[press1280]

While the two case were both dismissed, they were dismissed for very different reasons. The NYSRPA v Bruen case was dismissed for a failure to state a claim because a previous decision already decided the case. This case was dismissed for lack of jurisdiction related to standing. I have not finished reading the opinion and validating what was said, but there seems to be issues with the arguments given the plaintiff and their situation.

I think the better thing to do is find a better plaintiff.

I agree. Otherwise they’ll appeal just the standing to the circuit court.
Easier to just get better suited plaintiffs.

 

[babalou]

I maybe obtuse but I do not like that unconstitutional stuff gets passed because of no harm during hearings. To me it is like monkey county passing a law to allow illegals to legally go into your house to kill you. You state you may get killed but the judge says you aint dead yet and it passes.

Eff that crap

 

[W2D]

As the Four Boxes Diner points out, the judge did blast NY for a clearly unconstitutional law.
Starting on page 53.

https://storage.courtlistener.com/recap/gov.uscourts.nynd.133602/gov.uscourts.nynd.133602.48.0_4.pdf

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[W2D]

As the Four Boxes Diner points out, the judge did blast NY for a clearly unconstitutional law.
Starting on page 53.

https://storage.courtlistener.com/recap/gov.uscourts.nynd.133602/gov.uscourts.nynd.133602.48.0_4.pdf

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[W2D]

Doc #48


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[swinokur]

Let’s get an injunction before Jan. to keep the MGA at bay


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[press1280]

P

As the Four Boxes Diner points out, the judge did blast NY for a clearly unconstitutional law.
Starting on page 53.

https://storage.courtlistener.com/recap/gov.uscourts.nynd.133602/gov.uscourts.nynd.133602.48.0_4.pdf

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Question is if another suit is filed immediately would this go back to the same judge and if not, does this opinion have any persuasive authority? (I’m assuming it’s not precedent)