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Posted: 11/25/2016 8:34:21 PM EDT
[Last Edit: NoloContendere]
Stay tuned!
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USA
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Posted: 7/23/2018 9:19:27 AM EDT
[#1]
Is this open to the public where we can observe & take notes? Or is this a closed session? TY.
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Posted: 7/23/2018 10:30:38 AM EDT
[#2]
Not open.
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Posted: 7/23/2018 5:07:21 PM EDT
[#3]
How come there are not more 2nd amend lawyers helping you from NY ? Maybe they are we just don't know it
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Posted: 7/23/2018 8:49:01 PM EDT
[#4]
Quote HistoryOriginally Posted By Sdsquad1:
How come there are not more 2nd amend lawyers helping you from NY ? Maybe they are we just don't know it |
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USA
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Posted: 7/24/2018 8:40:43 AM EDT
[Last Edit: ICU]
[#5]
Quote HistoryOriginally Posted By Sdsquad1:
How come there are not more 2nd amend lawyers helping you from NY ? Maybe they are we just don't know it |
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Posted: 7/24/2018 1:52:41 PM EDT
[#6]
Most of the ads I see for lawyers in the Rochester/Syracuse area are the type that make sure the insurance companies raise their rates.
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USA
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Posted: 7/24/2018 6:32:41 PM EDT
[#7]
Nolo,
Hope all went well today. Please update us on the progress. I have another question. As you know, NJ consideres pneumatic guns as "firearms" with all registration, transportation etc requirements and restrictions. Now, a Taser uses a PNEUMATIC cartridge to launch the darts. By winning your case and making Tasers legal in NJ, did you basically lift restrictions on all air guns in NJ? |
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NY, USA
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Posted: 7/31/2018 1:04:32 PM EDT
[#8]
Nolo, I just had my NRA Carry Guard insurance canceled and money refunded because NYS sent a cease and decist letter that it violated NYS insurance laws.
Class Action possibility? There must be many NY victims of the state's laws. No insurance coverage is comparable. I'm willing to be involved any way necessary. |
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Posted: 8/28/2018 10:03:03 PM EDT
[#9]
http://www.sdslaw.us/single-post/2018/08/28/On-Monday-August-27-2018-we-filed-our-Motion-for-Summary-Judgment-in-the-New-York-Taser-case
Here is our motion for summary judgment. it is very long and has a ton of supporting documentation. hopefully we can do ya'll proud! |
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Posted: 8/28/2018 10:33:16 PM EDT
[#10]
Awesome
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Posted: 8/31/2018 4:03:51 PM EDT
[#11]
Thank you!
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Posted: 8/31/2018 4:34:27 PM EDT
[#12]
Quote HistoryOriginally Posted By NoloContendere:
http://www.sdslaw.us/single-post/2018/08/28/On-Monday-August-27-2018-we-filed-our-Motion-for-Summary-Judgment-in-the-New-York-Taser-case Here is our motion for summary judgment. it is very long and has a ton of supporting documentation. hopefully we can do ya'll proud! |
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Posted: 8/31/2018 7:06:42 PM EDT
[#13]
Quote HistoryOriginally Posted By fish223: What is the timeframe for a response from the court? |
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Posted: 8/31/2018 8:01:49 PM EDT
[Last Edit: Aimless]
[#14]
Quote HistoryOriginally Posted By ICU:
Correct me if Im wrong... But, wouldnt having more lenient laws take away from their business? Less people being arrested is less clients...
Stun gun gun criminal cases in my experience either get dropped if it's some innocent schmoe who didn't know they were illegal and came across some busy body cop or if it's a real criminal there are some other charges, like drugs and the stun gun also gets basically dropped. I filed an objection to the constitutionality of the stun gun law in a criminal case not long after the MA case came down. Never got decided charges basically dropped. My client wasn't going to bankroll an ongoing battle over stun guns if he could escape the whole thing. To do what nolo's doing you have to find someone with a hard on for stun gun laws Who is willing to get into a multi year battle and you either have to be willing to do a ridiculous amount of work for free or figure out some kind of financing. In NY for a challenge like this you have to assume you're going to the Supreme Court, but you have to go through the lower courts first. And you can't just walk in and say "we both know I have no chance, can I just immediately appeal" You have to duke it out in the trial court, file an appeal and then try to talk the SC into hearing it and then do another appeal |
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Posted: 9/1/2018 10:37:46 AM EDT
[#15]
Now if only you could do something to protect our hearing in NY. Most other states get hearing protection on the firearm.
I know I can dream or move to a free America. |
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Posted: 9/5/2018 8:41:18 PM EDT
[#16]
Hope you win Nolo, with the new make up of the united states supreme court I have high hopes for you.
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Posted: 9/6/2018 12:44:28 AM EDT
[#17]
Quote HistoryOriginally Posted By SteelonSteel:
Now if only you could do something to protect our hearing in NY. Most other states get hearing protection on the firearm. I know I can dream or move to a free America. 
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Posted: 9/6/2018 12:45:25 AM EDT
[#18]
Quote HistoryOriginally Posted By Plattekill: Nolo, I just had my NRA Carry Guard insurance canceled and money refunded because NYS sent a cease and decist letter that it violated NYS insurance laws. Class Action possibility? There must be many NY victims of the state's laws. No insurance coverage is comparable. I'm willing to be involved any way necessary. |
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Posted: 9/6/2018 8:02:34 AM EDT
[#19]
Many thanks for all that your doing for us!
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Posted: 9/13/2018 9:52:02 PM EDT
[#20]
The state responded to our MSJ. I’ll post it up tomorrow along with our reply after we file it.
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Posted: 9/18/2018 8:29:55 AM EDT
[#21]
Quote HistoryOriginally Posted By NoloContendere:
The state responded to our MSJ. I’ll post it up tomorrow along with our reply after we file it. |
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Posted: 9/18/2018 11:18:06 AM EDT
[Last Edit: NoloContendere]
[#22]
Quote HistoryOriginally Posted By highspeedforlife:
It’s been 5 tomorrows. Is it good news? Quote HistoryOriginally Posted By highspeedforlife:
Originally Posted By NoloContendere:
The state responded to our MSJ. I’ll post it up tomorrow along with our reply after we file it. http://www.sdslaw.us/single-post/2018/09/18/Yesterday-we-filed-the-response-and-opposition-to-New-Yorks-Cross-Motion-for-Summary-Judgment |
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NY, USA
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Posted: 9/23/2018 7:27:08 AM EDT
[#23]
Quote HistoryOriginally Posted By NoloContendere: I’m looking at an angle for insurance. It is in the early stages but will be in NY ;) |
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NY, USA
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Posted: 12/3/2018 10:56:36 AM EDT
[#24]
Any updates about this?
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Posted: 12/3/2018 11:38:09 AM EDT
[#25]
Quote HistoryOriginally Posted By evangrems:
Any updates about this?
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Posted: 12/12/2018 11:13:00 PM EDT
[#26]
This is some refreshing news, thanks for the hard work!
We need more freedom loving lawyers like you and Aimless  in for updates as they arrive
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NY, USA
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Posted: 2/13/2019 6:58:40 PM EDT
[#27]
Just wanted to bump this back up front and mention it looks lime these guys filed a FOIA request for documents about the bumpstock ban federally.
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Posted: 2/13/2019 9:01:47 PM EDT
[#28]
Quote HistoryOriginally Posted By evangrems:
Just wanted to bump this back up front and mention it looks lime these guys filed a FOIA request for documents about the bumpstock ban federally. |
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Posted: 2/19/2019 11:15:50 PM EDT
[#29]
Judge requested a hearing on 3/5 in utica, NY about this case. we will be arguing on that day. just booked all the tickets and hotels.
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NY, USA
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Posted: 2/20/2019 8:17:11 AM EDT
[#30]
Quote HistoryOriginally Posted By NoloContendere:
in utica, NY 
Next it will be downtown Rochester at midnight. |
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USA
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Posted: 2/20/2019 11:03:46 AM EDT
[#31]
Man it sure does take a long time for a liberal NY "judge" to follow a UNANIMOUS SCOTUS decision...
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Posted: 2/20/2019 2:13:56 PM EDT
[#32]
Quote HistoryOriginally Posted By Aardvark:
So they are trying to get you to give up
Next it will be downtown Rochester at midnight. Quote HistoryOriginally Posted By Aardvark:
Originally Posted By NoloContendere:
in utica, NY
Next it will be downtown Rochester at midnight. |
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Posted: 2/20/2019 4:36:48 PM EDT
[#33]
Thanks
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NY, USA
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Posted: 2/21/2019 10:09:55 PM EDT
[#34]
Just caught up.
Waiting for the NoloContendere Tool to be available so as to help the cause. Thank you NoloContendere. |
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Posted: 2/28/2019 10:53:17 PM EDT
[#35]
Alan and I are headed up there Monday. Supposedly y’all are going to have snow. All we have is southern ice here, and we can’t drive in it. So, hope I don’t die on the way to Utica. I don’t even know what a high of 19 feels like. I guess shorts are out of the equation (I mowed my yard yesterday
)
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NC, USA
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Posted: 3/1/2019 10:57:12 AM EDT
[#36]
Good luck...
Yep 75 on the coast of NC yesterday.. At my in-laws today and 3" inches in Southern NJ... 19 degree is cold if your not use to it.. Bundle up and be safe.. Good luck... Win and win big.... |
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NY, USA
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Posted: 3/1/2019 1:05:32 PM EDT
[#37]
I’m wearing a t-shirt today.
Pile lined Carhartt tux the last couple days though. You probably won’t die. |
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Posted: 3/4/2019 7:53:36 PM EDT
[#38]
holy shit this place is cold.
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Posted: 3/4/2019 9:51:53 PM EDT
[#39]
10 degrees North of Buffalo. Meh just another day in Paradise. Tomorrow 35 mph winds and Sub-Zero wind chill.
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NC, USA
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Posted: 3/4/2019 10:44:28 PM EDT
[#40]
Quote HistoryOriginally Posted By NoloContendere:
holy shit this place is cold. |
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Posted: 3/4/2019 11:15:33 PM EDT
[#41]
Quote HistoryOriginally Posted By cviss:
hahah what happens when hell freezes over. Quote HistoryOriginally Posted By cviss:
Originally Posted By NoloContendere:
holy shit this place is cold. |
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Posted: 3/4/2019 11:20:20 PM EDT
[#42]
Quote HistoryOriginally Posted By NoloContendere:
holy shit this place is cold. |
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Posted: 3/5/2019 3:45:42 PM EDT
[#43]
Argued.
TEXT Minute Entry for proceedings held before Judge David N. Hurd in Utica, NY. Motion Hearing held on 3/5/2019. Judge Hurd hears argument as to [52] MOTION for Summary Judgment, and [58] Cross MOTION for Summary Judgment filed by George Beach, filed by Matthew Avitabile and RESERVED DECISION with a written opinion to follow. Appearances: Alan Alexander Beck, Esq. and Stephen D. Stamboulieh for Plaintiff Matthew Avitabile, Michael G. McCartin, AAG for Defendant George Beach (Court Reporter Hannah Cavanaugh) (11:00am - 12:00pm) (ptm) Now we wait. |
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Posted: 3/5/2019 5:24:01 PM EDT
[#44]
Thanks.
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Posted: 3/5/2019 7:46:09 PM EDT
[#45]
Many thanks for your efforts!
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Posted: 3/7/2019 9:18:35 PM EDT
[#46]
Quote HistoryOriginally Posted By NoloContendere:
holy shit this place is cold. 
Thank you Nolo. |
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Posted: 3/22/2019 11:27:08 AM EDT
[#47]
Boom.
MEMORANDUM-DECISION & ORDER that plaintiff's [52] Motion for Summary Judgment is GRANTED; Deft's [58] Cross-Motion for Summary Judgment is DENIED; New York Penal Law § 265.01(1), as applied to "electronic dart guns" and "electronic stun guns," is an unconstitutional restriction on the right to bear arms; and Defendant, his officers, agents, servants, employees, and all persons in active concert or participation with the New York State Police are hereby ENJOINED from enforcing New York Penal Law § 265.01(1) as applied to "electronic dart guns" and "electronic stun guns." The Clerk of the Court is directed to enter a judgment accordingly and close the file. Signed by Judge David N. Hurd on 3/22/2019. (see) |
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Posted: 3/22/2019 11:27:26 AM EDT
[#48]
@aimless
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NY, USA
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Posted: 3/22/2019 11:31:44 AM EDT
[#49]
 We're not worthy
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NC, USA
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Posted: 3/22/2019 11:36:43 AM EDT
[#50]
My hat is off too you...
I didn't expect the judges to side with you but well done ... See hell did freeze over!!! |
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