Wow, no shit.  Well done.

I assume that they'll apply for a stay and take it up to the 2nd.

Well done!

It's official.  New York has not and will not appeal the Taser/stun gun decision.  There is a bill winding its way through the senate re: possession.  I've reached out to the sponsors of said bill and will report back.

That one.

Lol. This dude is

Marc Timpano

Lieutenant

Commanding Officer

Pistol License Section

516-573-7559

On March 22, 2019, the US District Court for the Northern District of New York held that Section 265.01(1) of the NYS Penal as applied to “electronic dart guns” and “electronic stun guns” must be invalidated as unconstitutional. The Court held that tasers and stun guns are in “common use” because the State failed to meet its burden rebutting the prima facie presumption of Second Amend protection that extends to all bearable arms. The State also did not offer a basis to rebut the presumption that tasers and stun guns are typically possessed by law-abiding citizens for lawful purposes, such as self-defense. The Court held that there is no indication that tasers or stun guns have some sort of “special propensity for unlawful use” or that these arms are so “dangerous and usual” that they fall entirely outside the scope of the Second Amendment. Therefore, the Court found that tasers and stun guns are in common use and are typically possessed by law-abiding citizens for lawful purposes like self-defense. The Court also held that a complete ban on the civilian possession and use of tasers and stun guns implicates the Second Amendment right of law-abiding citizens to protect themselves in their own homes with a weapon commonly used for that purpose. The Court held that after a review of the legislative history, a complete ban on tasers and stun guns is not reasonably based on any substantial evidence considered by the state legislature. The State did not introduce substantial evidence from which it could be reasonably inferred that
complete bans on tasers and stun guns, even ones kept in the home of a law-abiding citizen, are “substantially related” to the compelling interests in public safety and crime prevention.

However, this holding IS NOT binding on the Eastern District of New York, and therefore IS NOT binding on the Department, nor is it even persuasive authority. The NDNY did not provide the broad, declaratory relief that the Plaintiff was seeking. Rather, the remedy was only to resolve the dispute amongst the parties of the action. By declining to grant declaratory relief, the NDNY did not intend the decision to be precedent over all courts in the Second Circuit.

Therefore, status quo is maintained and the possession/use of tasers and stuns is prohibited in jurisdictions within the Eastern District of New York pursuant to Penal Law Sec. 265.01(1)

Same thing happened when the 7 in 10 ammo ban was declared unconstitutional in western district. Police and prosecutors in other districts said they would continue to enforce

Find a Plaintiff there and knock him down a peg.

Looks like a real arrogant ass (pic is of him in a VFD uniform).

I've seen several quotes by otherwise competent prosecutors arguing that because it was a federal court, it had no bearing on state law.

I'm pretty sure that when the 2nd Circuit affirmed the ruling on 7/10, it became law throughout the Circuit.  But I'll bet that my DA would still prosecute.

He doesn't care if he's sued

https://www.syracuse.com/crime/2017/05/onondaga_county_da_others_to_go_before_federal_jury_for_civil_rights_lawsuit.html

I spoke to sergeant mumblename today.... y’all hang tight. I’m coming back.

maybe.  but now it will be personal.