Posted on 02/27/2013 1:04:40 PM PST by Red Steel
The Hon. Deborah Chimes has signed an order against the State of New York and Governor Andrew Cuomo requiring Respondents to appear before the court on April 29th and provide good cause and reasons why the State should not be enjoined from enforcing any provision of the assault weapons ban.
This news was supposed to come yesterday, but due to schedule constraints had to wait until today. I will return to answer questions when I arrive in Erie County.
I thought I'd share the news. :-)
Any sane minded person, can look up the definition of “infringe” and they will have their answer. All the rest is politics and control.
Chautauqua? Isn’t that where Hillary and other like-minded seekers engage in flaky pursuits like channeling Eleanor Roosevelt?
The problem is that the Supreme Courts in New York are not the highest court in the state. The people in New York apparently named the higest court “The Court of Appeals” and apparently did not realize the meaning of the word “Supreme” when they named what are, in effect, district or superior courts.
This is great news. I have been waiting for the blowback to hit the legal system. The blowback on the ground is formiddable.
That’s Chappaqua. Chattauqua is a huge lake in the SW part of NY near Jamestown. The county is there also.
"The whole thing boils down to a violation of the Fifth Amendment right against the taking of property and the 14th Amendment right to due process," said James D. Tresmond, a Hamburg lawyer who represents the two men.Two gun owners file suit over restrictions in new law [Second Amendment has no role in suit] by Patrick Lakamp, The Buffalo News, February 9, 2013
The law as a whole is a massive violation of the Second Amendment, the Fifth Amendment, and the Fourteenth Amendment. Any court that does not rule against this evil and unconstitutional law is not a legitimate court - just as NY’s new gun ban is not a legitimate law.
Good news on the first step in NY.
I think every county in NY has a Supreme Court. But it is a start.
This is completely meaningless unless the order directing the State to appear in court on April 29th also contains a temporary restraining order against the enforcement of the SAFE Act. In the absence of a TRO, the order directing the State to appear before the court is standard operating procedure and has absolutely NOTHING to do with the merits of the lawsuit.
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