Posted on 10/06/2022 10:42:10 AM PDT by Fury
A federal judge in Syracuse, New York has granted a temporary restraining order blocking the state and its political subdivisions from enforcing several provisions of the newly-enacted Concealed Carry Improvement Act, though he did stay his decision for three days to allow Attorney General Letitia James to file an emergency appeal with the Second Circuit.
(Excerpt) Read more at bearingarms.com ...
https://storage.courtlistener.com/recap/gov.uscourts.nynd.134829/gov.uscourts.nynd.134829.27.0_1.pdf
Brutal.
FYI - thought you might be interested.
An emergency appeal will be filed.
Not so good news.
“An emergency appeal will be filed.”
It will be rejected. SCOTUS was crystal clear on this. Hochul will lose this appeal.
L
Of course it will be filed. I don’t think there is a doubt about that.
Reading the Judge’s decision, he’s pretty clear that NY does not have historical analogues for what they are trying to do with much of the new gun laws.
THANKS!
This will deflate those who perpetually embrace defeat and doom.
Not every thing in the decision is good. It lets several bad things stand.
Yes, and in several of those, the Judge did not foreclose the possibility of of further sections of the NY's law being enjoined.
D.C. tried a lot of this same stuff for a few years after the Heller decision. They got slapped down time after time, same will happen w/NY. The SCOTUS was very clear, a few minimal restrictions might be allowed (’might’), but the Court left no doubt, the state can’t do anything to undermine the second amendment or interfere with concealed carry beyond maybe basic license requirements.
One of note was that he let stand the part about 4 character witnesses. This would suggest that someone without 4 good friends cannot obtain a gun permit. Clearly that is not in the constitution. There was a lot of techno babble in the judges reasoning.
I would love to see a judge tell them: congratulations, you are now a Constitutional Carry state until such time as you can demonstrate that you can write legislation that passes Constitutional muster.
Any attempt to enforce this atrocity will result in the police officer and his entire chain of command being subject to federal civil rights laws regarding “Deprivation of Rights under color of law”, with criminal and civil penalties.
Guess I don’t read it as techno babble as the Judge’s footnotes were pretty detailed. And the Judge did not close off the four character references requirement being subject to further attack by the Plaintiffs.
These Democrats are anxious to take away everyone’s firearms except those belonging to gangbangers, ex-felons, career criminals and illegal aliens after all they have a right to defend themselves.
It’ll be another must do on the AG’s list and maybe a distraction to lessen attention on Trump.
Schuyler County Joins Others Calling for Repeal of “Unconstitutional” New State Gun Laws
https://www.fingerlakesdailynews.com/2022/10/06/1597261/
I hope you’re correct.
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