Supreme Court vacates 2nd Circuit ruling to uphold NYS concealed carry laws, remands back for new decision

[djj]

Supreme Court vacates 2nd Circuit ruling to uphold NYS concealed carry laws, remands back for new decision - North Country Now

CANTON – Concealed carried firearms will be allowed in a number of previously prohibited spaces, at least temporarily, following a Supreme Court decision. The U.S. Supreme Court has …

www.northcountrynow.com

 

[Kwalsh]

This case will bounce back and forth for years but I am glad that this week we are on the good side of it

 

[Bigfoot]

A win, any win, is a positive thing I suppose, but as a long time New Yorker.
I know how this goes.

So for the time being anyway. I'm going to file this under. Meh.

 

[ManualF150]

I'd like to see no more pistol permits and freely being able to purchase ammo again without BGCs. Then I'll call it a win.

 

[PA Guns & Ammo]

So they state will still charge you since they ignore most court rulings. The state is going to come up with another unconstitutional law and we will be back to square one all over again. I hope I'm wrong.

 

[spat]

So they state will still charge you since they ignore most court rulings. The state is going to come up with another unconstitutional law and we will be back to square one all over again. I hope I'm wrong.

People need to start suing the state and it's officicers directly for violating their rights.

When the state can lose the case and just turn around and try their bullshit again and again, there's no reason for them not to.

But, as soon as someone wins $1M over being forced into an illegal tax or background check scheme, the it's all done.

If they turn around and try again they'll have every ambulance chasing lawyer in the state lining up to sue and they'll have to stop their bullshit.

 

[Carlos Hathcock]

People need to start suing the state and it's officicers directly for violating their rights.

When the state can lose the case and just turn around and try their bullshit again and again, there's no reason for them not to.

But, as soon as someone wins $1M over being forced into an illegal tax or background check scheme, the it's all done.

If they turn around and try again they'll have every ambulance chasing lawyer in the state lining up to sue and they'll have to stop their bullshit.

Suing doesn't work. Perhaps it's time for an alternative method. The "legal" system no longer works the way it was designed to.

 

[Dr. Evil]

I'm sure Whorecul thinks it's time for an emergency meeting again to rape the citizens.

 

[Beerman]

So they state will still charge you since they ignore most court rulings. The state is going to come up with another unconstitutional law and we will be back to square one all over again. I hope I'm wrong.

You’re wrong. NYS won’t just put us back to square one. They’ll legislate us back so far behind the line we can’t even see square one.

 

[spat]

Suing doesn't work. Perhaps it's time for an alternative method. The "legal" system no longer works the way it was designed to.

The problem is that everyone sues to have the law overturned. Nobody sues for damages.

Neither the state nor the officers face any penalty for abusing the citizens. So, they get told no, and just change a word and go right back to doing it.

Imagine if the penalty for theft was just that you had to give back the stolen property. You think that would be any kind of deterrent ?

 

[RedBreast21]

A law suit for damages? Like the damages Trump paid from a civil case? Where in NY are we getting a judge or jury to give anyone damages over 2A violations?

Serious questions.

I am all for civil suits but finding a court to pay 1 million let alone 500 million for damages is very unlikely in NY.

 

[spat]

A law suit for damages? Like the damages Trump paid from a civil case? Where in NY are we getting a judge or jury to give anyone damages over 2A violations?

Serious questions.

I am all for civil suits but finding a court to pay 1 million let alone 500 million for damages is very unlikely in NY.

It would be a federal lawsuit. For violating your civil rights.

 

[RedBreast21]

It would be a federal lawsuit. For violating your civil rights.

Nothing convinces me that winning such a case would change the NYS legislature or the executive wing mindset. The State has literally ignore the third branch of the Federal Govt. Following the Biden administration lead with ignoring the ruling on student loans. So, it selectively exists, which means it doesn't exist all and any ruling in any court below that court would be ignored.

 

[GTN]

It’s not the states money so what do they care if they lose a 500 million lawsuit. They will just raise taxes…..again

 

[Grimscale]

It would be a federal lawsuit. For violating your civil rights.

Nothing convinces me that winning such a case would change the NYS legislature or the executive wing mindset.

Along with monetary damages which must be paid BY THE PERP, not via taxes or public funds and not subject to bankruptcy protections, it should also require removal from the position they hold and mandatory prison time.
Having half (or more) of the NYS Legislature imprisoned and removed from their seats would seriously start changing their mindsets.

 

[spat]

It’s not the states money so what do they care if they lose a 500 million lawsuit. They will just raise taxes…..again

It wouldn't be a $500M lawsuit.

It would be a $1M lawsuit by every person affected every time they did it.

Gun owners would start looking forward to every new infringement LOL.

"Well, if they pass that new carry restriction, we'll be able to pay off the mortgage...."

They would find themselves funding some seriously impressive gun collections LOL.

And OFC, there would be lawyers lined up around the block to take those cases on contingency.

You'd have adds on TV "were you or anyone you know affected by the SAFE act v3.0 ? You might be entitled to compensation, call 1-800-FUKH today...."

 

[Criticalt]

Term limits suck, foreign politics suck, the open border sucks.......but the FIRST candidate to say they will pass legislation to make time limits on Circuit and SCOTUS cases gets my vote IMMEDIATELY.



Of course I do understand this isn't a thing, but I can dream.

 

[Criticalt]

It wouldn't be a $500M lawsuit.

It would be a $1M lawsuit by every person affected every time they did it.

Gun owners would start looking forward to every new infringement LOL.

"Well, if they pass that new carry restriction, we'll be able to pay off the mortgage...."

They would find themselves funding some seriously impressive gun collections LOL.

And OFC, there would be lawyers lined up around the block to take those cases on contingency.

You'd have adds on TV "were you or anyone you know affected by the SAFE act v3.0 ? You might be entitled to compensation, call 1-800-FUKH today...."

As citizens, we can do this anytime we want.
Know there are laws protecting politicians and governments from lawsuits, but with enough people and enough stink, we could make a point. But, getting anymore than 6 gun owners to agree on anything and actually DO something is impossible.
That said, I would not be involved in this farse lawsuit, Im done with talking and courts.

 

[spat]

As citizens, we can do this anytime we want.
Know there are laws protecting politicians and governments from lawsuits, but with enough people and enough stink, we could make a point. But, getting anymore than 6 gun owners to agree on anything and actually DO something is impossible.
That said, I would not be involved in this farse lawsuit, Im done with talking and courts.

Well, nobody bothers because everybody knows it's a losing proposition.

But, if one person tries and wins, then that opens the floodgates.

 

[RooftopKorean]

So what specifics of the CCIA were found to be invalid.

All of the sensitive locations or just some? Will there be a list made available to the serfs so we can avoid unjust arrest?

 

[John Stark]

So what specifics of the CCIA were found to be invalid.

All of the sensitive locations or just some? Will there be a list made available to the serfs so we can avoid unjust arrest?

Its in the Suddaby ruling. I can't take the time to offer details right now, but its available online.

 

[PJBanks]

So they state will still charge you since they ignore most court rulings. The state is going to come up with another unconstitutional law and we will be back to square one all over again. I hope I'm wrong.

The way to fix this is to vote them from office….

 

[PA Guns & Ammo]

The way to fix this is to vote them from office….

How would you change the demographics of NYC, Buffalo and Albany? You have to understand, conservatives are easily outnumbered in New York State. There is not enough conservatives to change that on a statewide election. Many conservatives already left this state as well. Vote with your feet, you will get better results.

 

[Grimscale]

How would you change the demographics of NYC, Buffalo and Albany?

More importantly, how would someone change the fact that NY uses Dominion machines which could pull off a Dem victory at the GOP convention!

 

[pshift]

SCOTUS Vacates Second Circuit Ruling in GOA Challenge to NY Carry Law | GOA

FOR IMMEDIATE RELEASE July 2, 2024 Washington, D.C. – Today, the United States Supreme Court vacated the Second Circuit Court of Appeals’ ruling in a challenge to New York’s mistakenly named “Concealed Carry Improvement Act,” which was brought by Gun Owners of America (GOA) and Gun Owners...

www.gunowners.org

https://www.gunowners.org/wp-content/uploads/Antonyuk-Petition-for-Cert-final.pdf

Suddaby Ruling For Reference...

https://storage.courtlistener.com/recap/gov.uscourts.nynd.134829/gov.uscourts.nynd.134829.27.0_1.pdf

 

[dsdmmat]

“What does this mean for New Yorkers? Button says until the 2nd Circuit issues a new ruling, Judge Suddaby’s decision will stand, meaning the vast majority of prohibited spaces previously upheld by the 2nd Circuit are no longer valid, though schools, hospitals and government buildings will be off limits to lawful concealed carry. Where lawful concealed carry can apparently happen now include bars, restaurants, churches and more.”

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[pshift]

Here are the specifics, as per a NYC law firm blog:


In the Northern District of New York, on November 7, 2022, Chief Judge Suddaby issued a sweeping ruling prohibiting the enforcement of many of the provisions of the CCIA in the Northern District.

• The Good Moral Character requirement in the CCIA was found to be unconstitutional.
• The licensing officer can still require four character references.
• The Court prohibited the licensing officer from requiring the names and contact information of all adults in the home and whether or not there are minor children in the home.
• The Court has prohibited the licensing officer from requiring that you turn over social media accounts for the past 3 years.
• The CCIA gives broad discretion to the licensing officer to request any additional information that it finds reasonably necessary to consider the license application. The Court has prohibited the enforcement of this provision.
• The Court is permitting the licensing officer to enforce the 18 hour training requirement.
• The licensing officer may still require an in person meeting.
• The government may not enforce a ban on lawful carry of firearms at places that provide behavioral health treatment or substance abuse treatment.
• The government may not enforce a ban on carrying firearms at places of worship or religious observance.
• The government may enforce a ban on carrying firearms in public playgrounds and libraries but not in public parks and zoos.
• The government may enforce a ban on carrying firearms in nursery schools and pre-schools.
• The government may not enforce a ban on carrying guns in airports, on buses and in vans.
• The government is not permitted to enforce a ban on the carrying of firearms in locations that are licensed to sell alcohol for on premises consumption such as bars and restaurants with liquor licenses.
• The government may not prohibit the carrying of firearms in banquet halls, theaters, and conference centers.
• The government may not enforce a ban on carrying firearms while peaceably protesting.
• The government may not enforce a ban on carrying firearms in restricted locations under the CCIA which is any private premises in which the owner has not posted a sign or expressed the owners wish that people be allowed to carry concealed firearms.

Warning, it is important to note that these rulings do not necessarily apply in all of New York State and these two decisions are already being appealed. Although both Judges Sinatra and Suddaby denied a stay pending appeal, the State is likely to seek a stay in the Court of Appeals. As a result, no one should act on this blog without verifying the current state of the law in your area. In addition, many additional challenges are pending which may affect these rulings in your area.

 

[spat]

Any civil suit would probably get converted as class action suit.

The class representative will make bank while the rest will get tree fiddy

I think class actions are specifically forbidden against government.

But, even if it were, having a hoarde of ambulance chasers chomping at the bit to sue over this would put a stop to the "well, the old law was ruled unconstitutional, so we changed a couple words around and passed it again" bullshit.

 

[GOPerfect]

Suing doesn't work. Perhaps it's time for an alternative method. The "legal" system no longer works the way it was designed to.

Suing could work if done correctly.

They, like the police and every other person in government, has Qualified Immunity.

Go after their QI first. Sue them on a personal level.