2A Lawsuits and their progress we have here in NY
- Thread starter Edwardteach72
- Start date
Acer-m14
20×102mm Vulcan
so when is he getting arrested for filing a frivolous lawsuit per say ..
Steal2B
.700 Nitro Express
gunpoliticsny
6.5 Creedmoor
Nick Langthworthy ascended to the GOP throne after Ed Cocks was moved out. His job was to elect Republicans. Under his watch GOP voter enrollment declined to where "no party" outnumbers Republicans. He never articulated any sort of alternate vision for the state from the big government, high tax policies of the Democrats. Never did he stand up for 2A or even criticize existing law either. He demonstrated he has no leadership skills on anything. Had there been a competent, active leader it is possible that the GOP would have retaken the NY19 seat. Instead, while still on the GOP payroll, he ran a primary for this Congressional seat. He should have resigned first.
Paladino is horrible, but Langthworthy is no prize.
The numbers for the R's were in decline for decades before Nick took over! It was a disaster under Cox.
Feb 1, 2019 (Nick took over July 2019)
Republicans 2,826,284 Democrats 6,396,223 Blanks 2,734,508 Total 12,695,762
Feb 21, 2022
Republicans 2,848,894 Democrats 6,472,096 Blanks 2,984,900 Total 12,982,819
How many people left NY in that time frame?
Empire State’s population decreased by more than 319,000 from just July 2020 to July 2021......
How many are Republicans?
In my work, my boss comes up with some crazy ideas. Very easy to create monkey wrenches and make his plans not work. That is not in my blood, I find ways to make it work. That is a major problem of man, too many are of the make monkey wrench mentality instead of the LETS MAKE THIS WORK kind of mentality. Me feels you are in the prior group. The kind that shoots at its own generals instead of rallying to the cause and making things work.
m1_ping
9mm
Antonyuk v. Hochul filed in NDNY yesterday. It looks like GOA is back at it with more plaintiffs and hopefully better arguments for standing.
www.courtlistener.com
Antonyuk v. Hochul, 1:22-cv-00986 - CourtListener.com
Docket for Antonyuk v. Hochul, 1:22-cv-00986 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.
I LIKE this,- a lot!!! I took the time to read it, and they have come right back to shove this up NYS’s ass. I believe they have it right this time.Antonyuk v. Hochul filed in NDNY yesterday. It looks like GOA is back at it with more plaintiffs and hopefully better arguments for standing.
Antonyuk v. Hochul, 1:22-cv-00986 - CourtListener.com
Docket for Antonyuk v. Hochul, 1:22-cv-00986 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.
Saltwater60
20×102mm Vulcan
Love the screen name by the way, clever.Antonyuk v. Hochul filed in NDNY yesterday. It looks like GOA is back at it with more plaintiffs and hopefully better arguments for standing.
Antonyuk v. Hochul, 1:22-cv-00986 - CourtListener.com
Docket for Antonyuk v. Hochul, 1:22-cv-00986 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.
CaliberPlus
.45 acp
I skimmed it.It looks to me like it is specific yet mentions the WHOLE CCIA. My questions, there is a blurb in the CCIA that basically states that if part of it is struck down, the reaminder stays, not sure that is legal.
This CCIA is built and expands on the "laws" passed in June. If an injuunction should happen, will it impact those atrocities?
My whole concern, the handgun laws are ergregious, the other laws rank right up there. The whole semi auto rifles license, the data base, ammo check, camers in shop, body armour, and on and on.
Not sure there are any answers out there.
This CCIA is built and expands on the "laws" passed in June. If an injuunction should happen, will it impact those atrocities?
My whole concern, the handgun laws are ergregious, the other laws rank right up there. The whole semi auto rifles license, the data base, ammo check, camers in shop, body armour, and on and on.
Not sure there are any answers out there.
camper4lyfe
.308 Win
To the layman, it sure as hell sounds good. I'm sure the state courts will agree </sarcasm>
It's so frustrating. It's clear as day how fucked up this law is, yet the NY courts don't give a shit.
See attached details. It was initially assigned to Judge Suddaby (who punted on the first Antonyuk lawsuit over lack of standing), but has now been referred to Judge Hummel. Per Document 3 listed on Court Listener website, the defendants (NY State) have until 12/13/22 to submit documents, and then an "Initial Conference" is scheduled for 12/20/22.
As notorious as the Courts are for dragging their asses when it comes to ruling on shit, I will not be at all surprised if the schedule gets delayed as this date is likely too close to the holidays. I am guessing that it will be late 2023 before ANY ruling, (and will not be an injunction, no doubt) which will of course be appealed to the 2nd Circuit, who will obfuscate, deny, and delay to the maximum extent possible before ruling against us. Then, by the time it goes up to SCOTUS for Cert, we will be lucky if Justice Thomas is still alive.
NY gun owners are clearly fucked for the foreseeable future. Ugh!
As notorious as the Courts are for dragging their asses when it comes to ruling on shit, I will not be at all surprised if the schedule gets delayed as this date is likely too close to the holidays. I am guessing that it will be late 2023 before ANY ruling, (and will not be an injunction, no doubt) which will of course be appealed to the 2nd Circuit, who will obfuscate, deny, and delay to the maximum extent possible before ruling against us. Then, by the time it goes up to SCOTUS for Cert, we will be lucky if Justice Thomas is still alive.
NY gun owners are clearly fucked for the foreseeable future. Ugh!
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m1_ping
9mm
It looks like there will likely be a motion for either TRO, preliminary injunction, or permanent injunction coming today. I'm not sure this would qualify for a TRO as it wouldn't be necessary to preserve the status quo because the law is already in effect, but I'm no lawyer and would love nothing more than for the court to grant it today or tomorrow. TRO's are usually granted ex parte and the court would not need to wait to hear the defendant's reply before ruling as would be necessary for a preliminary injunction.
m1_ping
9mm
Hummel is a magistrate judge. Magistrate judges cannot hear civil cases unless both parties consent to it. I would imagine GOA is happy to keep Judge Suddaby in light of the legal dictum he offered in Antonyuk v. Bruen.
For the curious, read about the difference between Article 3 judges and magistrate judges here.
Judges and Judicial Administration – Journalist’s Guide
m1_ping
9mm
A motion for TRO and preliminary or permanent injunction has been filed. The court can issue a TRO ex parte (without the defendant having a chance to respond). So that could happen at any time. If granted that TRO would likely stay the challenged parts of the laws until a hearing could be had for the court to consider the motion for injunction.
This would bring relief but I would realistically be surprised if any action was taken immediately. The wheels of justice move slowly
I just read the Motion for the TRO, and if this is not granted this time, then I truly fear we are lost as a nation. It is so damn clear cut that one should be granted against NY and the bullshit CCIA.
m1_ping
9mm
I take a more optimistic view. I give the TRO a 25% chance of happening. When a court considers a TRO they take into consideration more than just the merits of the case. This works against us, but when we eventually get to a final decision the merits are all the court takes into consideration. I give the preliminary injunction a 75% chance of happening in some form. When a court considers a preliminary injunction they again take into consideration more than just the merits of the cases, but the standard is not as high as it is for a TRO. I give the permanent injunction a 80% chance of happening. The controlling case law (Heller, McDonald, Bruen) is clearly on our side and despite district court judges not liking it I believe most will go along with it with the exception of a few activist judges. I believe some but not all or even most Democrat nominated judges are activist judges. For these same reasons I think we have similar odds of a permanent injunction surviving appeal to the second circuit. It will come down to which judges are assigned the case and if we get unlucky enough to get two or more activist judges. Trump had 5 appointees join the second circuit, but unfortunately Biden has already gotten 5 as well.
Saltwater60
20×102mm Vulcan
I hope you’re right.
Here is my problem or my concerns, we’re in NYS so what would happen to an activist judge if they violated their oath and decided against us? My guess is nothing, nothing at all and it would cost us more time and more money to appeal it. Welcome to the new world for gun owners.
I think at best they will say some se stance places violate our rights and then it will be up to businesses to put up a no gun sign and those signs will have the power of law. Now will they be able to make them a felony? I do t know because then wouldn’t the no shoes, no shirt violations be a felony then as well?
I’m sorry for being so negative but I have lost all faith. Clearly they(hochul and company) knew this violated Bruen and they still did it. Well they aren’t stupid so why did they do it? There’s a reason and it’s more than we will just see what sticks.
I hope I’m wrong.
US RIFLE M1A
.45 acp
Syracuse federal judge called NY gun law illegal. Latest case may give him chance to strike it down
It is possible the key challenge to New York's recent gun law may be decided in Syracuse. Other lawsuits remain pending across the state.
www.syracuse.com
camper4lyfe
.308 Win
I didn't think Suddaby was hearing this caseSyracuse federal judge called NY gun law illegal. Latest case may give him chance to strike it down
It is possible the key challenge to New York's recent gun law may be decided in Syracuse. Other lawsuits remain pending across the state.
US RIFLE M1A
.45 acp
I have no idea how accurate the article is. What I do know, in response to Ping's statistics above, my fleece jacket has a 100% chance of hiding my sidearm until April. Not that I am admitting to intending to violate the new law or anything...
camper4lyfe
.308 Win
You're farther ahead than I am. I refuse to give up my social media, and can't finance the training.
Egret-II
.40 S&W
m1_ping
9mm
Order from the court:
TEXT ORDER denying 6 Plaintiffs' application for an Order to Show Cause as unsupported by the affidavit required by Local Rule 7.1(e) of the Local Rules of Practice for this Court, and reserving decision on 6 Plaintiffs' motion for a temporary restraining order and 6 their motion for preliminary injunction pending further briefing and oral argument. Defendants' response to Plaintiffs' motion for a temporary restraining order is due by the end of WEDNESDAY, SEPTEMBER 28, 2022, and may come in the form of a letter-brief (or letter-briefs). Oral argument (without witness testimony) on Plaintiffs' motion for a temporary restraining order is scheduled for 11:00 a.m. on THURSDAY, SEPTEMBER 29, 2022, before the undersigned in Syracuse, New York. Defendants' response to Plaintiffs' motion for a preliminary injunction is due by the end of THURSDAY, OCTOBER 13, 2022; and Plaintiffs' reply to Defendants' response is due by the end of THURSDAY, OCTOBER 20, 2022. An in-person hearing on Plaintiffs' motion for a preliminary injunction (at which testimony will be adduced) shall be scheduled in a future Text Order. SO ORDERED by U.S. District Judge Glenn T. Suddaby on 9/23/2022. (sal ) (Entered: 09/23/2022)
The court has scheduled oral arguments for the TRO on Thursday at 11am in Syracuse. Defendant's response is due Wednesday. Briefings and a hearing for the preliminary injunction will follow in October and possibly into November.
TEXT ORDER denying 6 Plaintiffs' application for an Order to Show Cause as unsupported by the affidavit required by Local Rule 7.1(e) of the Local Rules of Practice for this Court, and reserving decision on 6 Plaintiffs' motion for a temporary restraining order and 6 their motion for preliminary injunction pending further briefing and oral argument. Defendants' response to Plaintiffs' motion for a temporary restraining order is due by the end of WEDNESDAY, SEPTEMBER 28, 2022, and may come in the form of a letter-brief (or letter-briefs). Oral argument (without witness testimony) on Plaintiffs' motion for a temporary restraining order is scheduled for 11:00 a.m. on THURSDAY, SEPTEMBER 29, 2022, before the undersigned in Syracuse, New York. Defendants' response to Plaintiffs' motion for a preliminary injunction is due by the end of THURSDAY, OCTOBER 13, 2022; and Plaintiffs' reply to Defendants' response is due by the end of THURSDAY, OCTOBER 20, 2022. An in-person hearing on Plaintiffs' motion for a preliminary injunction (at which testimony will be adduced) shall be scheduled in a future Text Order. SO ORDERED by U.S. District Judge Glenn T. Suddaby on 9/23/2022. (sal ) (Entered: 09/23/2022)
The court has scheduled oral arguments for the TRO on Thursday at 11am in Syracuse. Defendant's response is due Wednesday. Briefings and a hearing for the preliminary injunction will follow in October and possibly into November.
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camper4lyfe
.308 Win
So apparently Suddaby IS hearing this. I swear I read that he wasn't. This could go well since he all but laid out the road map in his first dismissal.
m1_ping
9mm
You may be thinking of NYSRPA v. Bruen II. That case was assigned to Judge Suddaby per plaintiff's claim of the case being related to Antonyuk v. Bruen. The court rejected that claim and the case was assigned randomly to a different judge.
camper4lyfe
.308 Win
Ah, most likely. I'm losing track of what's what at this point.
m1_ping
9mm
No, but a temporary restraining order (TRO) could come as early as next
Edit: The court could issue the TRO at the oral arguments on Thursday, however I would assign this scenario low probability.