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Posted: 2/2/2024 8:14:10 PM EDT
[#1]
Just a bump, and for others who didn't hear that California's ammo background check law was enjoined (though will likely be appealed and stayed quite quickly) - https://www.ar15.com/forums/general/CA-it-s-time-to-ORDER-AMMO-2A-WIN-CA-NOW-EXTRA-SALTY-FILES-ANOTHER-COMPLAINT/5-2703605/
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USA
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Posted: 2/2/2024 8:37:38 PM EDT
[#2]
Quote HistoryOriginally Posted By MikeyCNY: Just a bump, and for others who didn't hear that California's ammo background check law was enjoined (though will likely be appealed and stayed quite quickly) - https://www.ar15.com/forums/general/CA-it-s-time-to-ORDER-AMMO-2A-WIN-CA-NOW-EXTRA-SALTY-FILES-ANOTHER-COMPLAINT/5-2703605/ Oh yes. I posted it yesterday 3 posts down. Why can't NY have nice things? https://www.ar15.com/forums/Hometown/St-Benitez-strikes-again-CA-ammo-purchase-restrictions-struck-down/9-672517/ |
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Posted: 2/2/2024 8:54:27 PM EDT
[#3]
Quote HistoryOriginally Posted By DaveM4P99: Oh yes. I posted it yesterday 3 posts down. Why can't NY have nice things? https://www.ar15.com/forums/Hometown/St-Benitez-strikes-again-CA-ammo-purchase-restrictions-struck-down/9-672517/ I saw, but just in case people only watch this thread. I think it can only help us, in fact NYS got a call out about being the only other state doing an ammo background check. |
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NY, USA
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Posted: 2/3/2024 11:45:42 AM EDT
[#4]
I was surprised that Judge Benitez did not add an immediate 10-day stay on his order as he did on his other cases (Duncan v Bonta and Miller v Bonta). Apparently Californians are lapping up every bit of ammo they can from local vendors and online retailers while they can. I am actually surprised the 9th has not issued a stay yet but Saturday is still young.
Considering New York copied California's homework for our ammo check system, one would think it is vulnerable to being struck but the 9th has not yet spoken and the 2nd would generally ignore a pro-2A ruling from another circuit regardless. |
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Posted: 2/3/2024 3:50:55 PM EDT
[#5]
Quote HistoryOriginally Posted By Aardvark: I was surprised that Judge Benitez did not add an immediate 10-day stay on his order as he did on his other cases (Duncan v Bonta and Miller v Bonta). Apparently Californians are lapping up every bit of ammo they can from local vendors and online retailers while they can. I am actually surprised the 9th has not issued a stay yet but Saturday is still young. Considering New York copied California's homework for our ammo check system, one would think it is vulnerable to being struck but the 9th has not yet spoken and the 2nd would generally ignore a pro-2A ruling from another circuit regardless. Violates the constitution 3 separate ways; CA is unlikely to succeed on the merits so no stay is warranted. |
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Posted: 2/8/2024 6:13:38 PM EDT
[#6]
https://www.newsmax.com/newsfront/hawaii-supreme-court-guns/2024/02/08/id/1152822/
..."Article I, Section 17 of the Hawai'i Constitution mirrors the Second Amendment to the United States Constitution. We read those words differently than the current United States Supreme Court," the Hawaii Supreme Court justices said in their ruling. "We hold that in Hawai'i there is no state constitutional right to carry a firearm in public."... ..."We reject Wilson's constitutional challenges," the justices wrote. "Conventional interpretive modalities and Hawai'i's historical tradition of firearm regulation rule out an individual right to keep and bear arms under the Hawai'i Constitution. In Hawai'i, there is no state constitutional right to carry a firearm in public." The Hawaii Supreme Court said the U.S. Constitution uses "military-tinged language — 'well regulated militia' and 'bear arms' — to limit the use of deadly weapons to a military purpose." "In contrast, there are no words that mention a personal right to possess lethal weapons in public places for possible self-defense," the justices said.... ..."Smoothbore, muzzle-loaded, and power-and-ramrod muskets were not exactly useful to colonial era mass murders. And life is a bit different now, in a nation with a lot more people, stretching to islands in the Pacific Ocean," the justices wrote. "As the world turns, it makes no sense for contemporary society to pledge allegiance to the founding era's culture, realities, laws, and understanding of the Constitution."... |
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Posted: 2/8/2024 9:20:49 PM EDT
[#7]
In other 2A news:
 US SUPREME COURT 2A NEWS JUST NOW: "ASSAULT WEAPON" BAN CASE GOES TO THE SUPREME COURT |
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USA
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Posted: 2/8/2024 10:36:50 PM EDT
[Last Edit: DaveM4P99]
[#8]
Quote HistoryIf Bianchi gets to SCOTUS in 2024 or 2025, we'd almost definitely win. And NYs AWB and mag laws go bye bye with it. The semi auto rifle ban (permit scheme) would likely go bye bye too. One can dream. |
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Posted: 2/9/2024 8:03:01 AM EDT
[#9]
Quote HistoryOriginally Posted By DaveM4P99: If Bianchi gets to SCOTUS in 2024 or 2025, we'd almost definitely win. And NYs AWB and mag laws go bye bye with it. The semi auto rifle ban (permit scheme) would likely go bye bye too. One can dream. I won't be happy until I can order ammo and suppressors online and shipped to my house. Firearms would be nice too but I don't see it going back to that. Trying to keep my expectations realistic.. |
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NY, USA
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Posted: 2/9/2024 12:50:01 PM EDT
[#10]
Quote HistoryOriginally Posted By DaveM4P99: The semi auto rifle ban (permit scheme) would likely go bye bye too. One can dream. I do not think a ruling would go that far. After all, Bruen sidestepped the whole issue of licensing and permits. Said you had to go "shall issue" but was silent on actually asking the government for a piece of paper to be able to acquire, own and carry a firearm. Worst case would be the AWB goes away BUT New York keeps its permit scheme and registration requirement for MSR's. Basically force the state to open the registry for new additions. Best case, of course, is it all goes away but I am not holding my breath on that. |
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NY, USA
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Posted: 2/10/2024 2:12:55 PM EDT
[#11]
Since we have to register our handguns, while not optimal, getting higher capacity magazines and standard ARs even with a permit, would be a step forward. Some folks fight small steps in an absolutist or nothing paradigm but that isn't useful.
But not holding my breathe about Scotus stirring to action on gun cases. |
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Posted: 2/10/2024 3:18:01 PM EDT
[#12]
Quote HistoryOriginally Posted By EXSUNY: Since we have to register our handguns, while not optimal, getting higher capacity magazines and standard ARs even with a permit, would be a step forward. Some folks fight small steps in an absolutist or nothing paradigm but that isn't useful. But not holding my breathe about Scotus stirring to action on gun cases. You want NY to have a list of all your rifles? No thanks |
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NY, USA
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Posted: 2/11/2024 1:24:59 PM EDT
[#13]
They already have a list of your handguns. So, would you trade already being on the list as a gun owner for having standard ARs and similar platforms and high capacity magazines?
Or do you not have a legal handgun? Getting the guns back is a small step to perhaps loosening restrictions. If Scotus wiped out the AWB but allowed permits, would you not get one? You already do that for handguns. |
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NY, USA
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Posted: 2/11/2024 2:03:30 PM EDT
[#14]
Quote HistoryOriginally Posted By EXSUNY: They already have a list of your handguns. So, would you trade already being on the list as a gun owner for having standard ARs and similar platforms and high capacity magazines? No. I would not. This isn't an either/or situation. There are many more options. |
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Posted: 2/11/2024 4:43:40 PM EDT
[#15]
Quote HistoryOriginally Posted By Aardvark: I do not think a ruling would go that far. After all, Bruen sidestepped the whole issue of licensing and permits. Said you had to go "shall issue" but was silent on actually asking the government for a piece of paper to be able to acquire, own and carry a firearm. Worst case would be the AWB goes away BUT New York keeps its permit scheme and registration requirement for MSR's. Basically force the state to open the registry for new additions. Best case, of course, is it all goes away but I am not holding my breath on that. I see that as SCOTUS giving NY enough rope to hang themselves. Which NY immediately did by ramming through the CCIA in retaliation for Bruen. |
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Posted: 2/13/2024 12:41:18 PM EDT
[#16]
 BREAKING SUPREME COURT: HUGE WAVE OF 2A CHALLENGES TO AR-15 BANS FILED IN SCOTUS |
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Posted: 2/21/2024 12:10:34 PM EDT
[#17]
February 20, 2024
Washington, D.C. – Today, Gun Owners of America (GOA) and Gun Owners Foundation (GOF) petitioned for writ of certiorari to the U.S. Supreme Court in their challenge to New York’s mistakenly named “Concealed Carry Improvement Act.” GOA Files new petition against CCIA |
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Posted: 2/21/2024 12:29:12 PM EDT
[#18]
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Posted: 2/21/2024 5:11:51 PM EDT
[#19]
Quote HistoryOriginally Posted By fighter443:
The courts never go far enough to solve the problem - the judge should just issue the permit himself to put NCPD & SCPD on notice that if these cases keep wasting the court's time then permitting will be taken out of their hands... |
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Posted: 2/21/2024 5:16:24 PM EDT
[#20]
Quote HistoryOriginally Posted By shocktrp: The courts never go far enough to solve the problem - the judge should just issue the permit himself to put NCPD & SCPD on notice that if these cases keep wasting the court's time then permitting will be taken out of their hands... Quote HistoryOriginally Posted By shocktrp: Originally Posted By fighter443:
The courts never go far enough to solve the problem - the judge should just issue the permit himself to put NCPD & SCPD on notice that if these cases keep wasting the court's time then permitting will be taken out of their hands... I'd like to subscribe to your newsletter! |
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NY, USA
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Posted: 2/21/2024 5:53:09 PM EDT
[#21]
Quote HistoryOriginally Posted By shocktrp: The courts never go far enough to solve the problem - the judge should just issue the permit himself to put NCPD & SCPD on notice that if these cases keep wasting the court's time then permitting will be taken out of their hands... If I were an anti-2A permit issuer here in Nassau, I would read the ruling and say "fine. Uranalysis is unconstitutional. Submit saliva, hair and blood sample for analysis. The court said NOTHING about any other kind of test." And thus would being yet another round of challenges all while permits are on hold for anyone who refuses to submit. I put nothing past Nassau. They have always tried to be like NYC when it comes to gun permits. |
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Posted: 2/21/2024 6:21:50 PM EDT
[#22]
Quote HistoryOriginally Posted By fighter443:
The 4th amendment argument could certainly be applied to other requirements of the concealed carry unimprovement act as well. |
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Posted: 2/24/2024 9:29:45 AM EDT
[#23]
Quote HistoryOriginally Posted By shocktrp: The courts never go far enough to solve the problem - the judge should just issue the permit himself to put NCPD & SCPD on notice that if these cases keep wasting the court's time then permitting will be taken out of their hands... |
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NY, USA
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Posted: 2/24/2024 10:33:01 AM EDT
[Last Edit: NonTypical361]
[#24]
Part of the decision with the urinalysis is that NCPD will have to explain the unnecessary delays to the court on 3/25.
https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=YAzIxNWUH83WonX87mAkVg== |
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Posted: 2/24/2024 10:46:32 AM EDT
[#25]
Quote HistoryOriginally Posted By emsjeep: The police departments are the issuing authorities per section 400.00. That must be specific to downstate? |
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NY, USA
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Posted: 2/24/2024 11:26:05 AM EDT
[Last Edit: NonTypical361]
[#26]
All of Nassau County and most of Suffolk County are issued by their respective police departments The 5 east end towns in Suffolk are issued from the Sheriff’s Department.
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NY, USA
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Posted: 2/24/2024 4:04:22 PM EDT
[Last Edit: Zero6]
[#27]
Quote HistoryOriginally Posted By emsjeep: The police departments are the issuing authorities per section 400.00. That is a city thing. Upstate, it's a judge. Penal Law section 265.10 10. "Licensing officer" means in the city of New York the police commissioner of that city; in the county of Nassau the commissioner of police of that county; in the county of Suffolk the sheriff of that county except in the towns of Babylon, Brookhaven, Huntington, Islip and Smithtown, the commissioner of police of that county; for the purposes of section 400.01 of this chapter the superintendent of state police; and elsewhere in the state a judge or justice of a court of record having his office in the county of issuance. |
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Posted: 2/25/2024 9:36:27 AM EDT
[Last Edit: P400]
[#28]
Quote HistoryOriginally Posted By NonTypical361: Part of the decision with the urinalysis is that NCPD will have to explain the unnecessary delays to the court on 3/25. https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=YAzIxNWUH83WonX87mAkVg== That's super easy to explain. Nassau County hates us and doesn't think we should be able to own firearms. So essentially they mirror the state's default position. |
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Posted: 2/26/2024 2:25:58 PM EDT
[#29]
Quote HistoryOriginally Posted By Zero6: That is a city thing. Upstate, it's a judge. Penal Law section 265.10 10. "Licensing officer" means in the city of New York the police commissioner of that city; in the county of Nassau the commissioner of police of that county; in the county of Suffolk the sheriff of that county except in the towns of Babylon, Brookhaven, Huntington, Islip and Smithtown, the commissioner of police of that county; for the purposes of section 400.01 of this chapter the superintendent of state police; and elsewhere in the state a judge or justice of a court of record having his office in the county of issuance. We're talking about Nassau... |
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USA
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Posted: 3/1/2024 8:45:36 AM EDT
[Last Edit: M-Aurelius]
[#30]
"Second Circuit’s Partial Upholding of New York’s Gun Carry Law Appealed to SCOTUS"
https://legalinsurrection.com/2024/02/second-circuits-partial-upholding-of-new-yorks-gun-carry-law-appealed-to-scotus/ Filing at link. Never quit, Nolo. Ad astra per aspera |
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Posted: 3/1/2024 9:10:16 AM EDT
[#31]
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Posted: 3/1/2024 12:47:35 PM EDT
[#32]
Man I’d love to be able to sit in on the USSC argument for this if I had enough lead time to plan.
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USA
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Posted: 3/1/2024 12:51:08 PM EDT
[#33]
Quote HistoryOriginally Posted By MikeyCNY: Man I’d love to be able to sit in on the USSC argument for this if I had enough lead time to plan. Well let's hope it gets granted cert first. |
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Posted: 3/1/2024 4:09:49 PM EDT
[#34]
Can someone update this whole Bruen decision and where we stand currently and what's to come
as in whats going through the court system ,it's really hard to keep a track of everything . |
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USA
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Posted: 3/2/2024 7:06:27 PM EDT
[Last Edit: JPNY79]
[#35]
Quote HistoryOriginally Posted By cranberry1: Can someone update this whole Bruen decision and where we stand currently and what's to come as in whats going through the court system ,it's really hard to keep a track of everything . +1 |
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Posted: 3/2/2024 7:18:05 PM EDT
[#36]
not a lawyer but I'll try.
District courts put stays on various aspects of the CCIA. NY appealed to the 2nd circuit. 2nd Circuit vacated those stays and took the case on appeal, a year went by...2nd circuit decided that a lot of the CCIA was totally cool, except the whole carrying prohibited everywhere that doesn't specifically allow it thing....NY was happy to keep what they kept so they didn't appeal to an unfriendly SCOTUS. But I think Nolo/GOA filed an appeal to SCOTUS recently...last week maybe? So now it's a case of waiting to see if SCOTUS will take up the appeal from the 2nd. Keeping in mind this is all just litigating the temporary injunctions placed by various district courts in NY, we haven't even started the actual trial on the merits yet. Which will likely follow a similar trajectory and timeline. Someone smarter than me please correct anything I screwed up. |
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NY, USA
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Posted: 3/9/2024 12:46:21 PM EDT
[Last Edit: EXSUNY]
[#37]
I was thinking that perhaps Scotus is deliberately stalling on gun cases, like the CCIA various ones, turning down emergency requests for other states' laws and AWBs, the remanded cases, etc. because they (the Fab Five) want to keep the ban possibilities 'hot' as a campaign issue for Trump in the upcoming election.
Joe was all about the assault rifle ban in the SOTU and denouncing the ship wreck of the NRA as a fundamental evil. That gives Trump a must vote for me point to folks waffling on him for other reasons. If Scotus took away the bans - oops! No issue. Now someone will say Scotus is not political but that's BS - the justices nowadays are tools of party issues. Clarence's wife was in the thick of it, so don't think he doesn't get pillow talk on political strategies. Just a thought. If they were committed to the issue in real time, they would cut through the procedural, dominance BS of scolding the circuits, etc. |
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Posted: 3/9/2024 4:02:02 PM EDT
[#38]
Quote HistoryOriginally Posted By EXSUNY: I was thinking that perhaps Scotus is deliberately stalling on gun cases, like the CCIA various ones, turning down emergency requests for other states' laws and AWBs, the remanded cases, etc. because they (the Fab Five) want to keep the ban possibilities 'hot' as a campaign issue for Trump in the upcoming election. Joe was all about the assault rifle ban in the SOTU and denouncing the ship wreck of the NRA as a fundamental evil. That gives Trump a must vote for me point to folks waffling on him for other reasons. If Scotus took away the bans - oops! No issue. Now someone will say Scotus is not political but that's BS - the justices nowadays are tools of party issues. Clarence's wife was in the thick of it, so don't think he doesn't get pillow talk on political strategies. Just a thought. If they were committed to the issue in real time, they would cut through the procedural, dominance BS of scolding the circuits, etc. Interesting possible theory. Hope it helps get 45 back in office. |
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USA
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Posted: 4/17/2024 10:07:07 PM EDT
[#39]
Hello, what is happening?
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Posted: 4/17/2024 10:07:53 PM EDT
[#40]
Quote HistoryOriginally Posted By ThatsThe1911A1: Hello, what is happening? Nolo says NY needs to file their response to SCOTUS by May 9th |
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USA
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Posted: 4/19/2024 12:02:21 AM EDT
[#41]
Great stuff, thanks
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