Pennsylvania Firearm Owners Association
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  1. #11
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    Default Re: NYSRPA v. Bruen – SCOTUS Concealed Carry Case - Oral Arguments 11/3/21

    Ecclesiastes 10:2 ...........

  2. #12
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    Default Re: NYSRPA v. Bruen – SCOTUS Concealed Carry Case - Oral Arguments 11/3/21

    Quote Originally Posted by ImminentDanger View Post
    Future Looks So Bright For 2nd Amendment, It's Gotta Wear Shades
    By Michael Dorstewitz - 05 November 2021
    https://www.newsmax.com/michaeldorst...05/id/1043489/



    As if on queue --- Here is proof of my postulation above that our 2A Rights will be construed as granted by the US Supreme Court.

    And even more disturbing, if the above article is correctly reporting the Roberts / Fletcher interchange, Chief Justice Roberts' statement that the US Constitution 'gives you that right' is WHOLLY WRONG and promulgates that WRONG-HEADED idea. The Bill of Rights (attached to the Constitution) is intended to deliberately RECOGNIZE that our Rights pre-exist - It does not create those Rights. It demands that the government respect those pre-existing Rights.

    This is a HUGE distinction - One that is far too often overlooked.

    ...
    They want to promulgate that belief. SCOTUS is nothing more than the rubber stamp for the Reich.

    Separation of Powers? LMFAO
    Its easier to fool people than to convince them they've been fooled....Mark Twain

  3. #13
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    Default Re: NYSRPA v. Bruen – SCOTUS Concealed Carry Case - Oral Arguments 11/3/21

    NYSRPA v. Bruen, Part 2!

    -Brandon


  4. #14
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    Default Re: NYSRPA v. Bruen – SCOTUS Concealed Carry Case - Oral Arguments 11/3/21

    Quote Originally Posted by pens87pgh View Post
    NYSRPA v. Bruen, Part 2!
    Until there are some actual penalties for politicians who WILLINGLY MAKE UNCONSTITUTIONAL LAWS and for their prosecutors, the liberal left will continue to IGNORE COURT RULINGS WITH WHICH THEY DISAGREE! Or, as in this case, simply reapply the unconstitutional concepts with different words to accomplish the same unconstitutional ends.

    ...

  5. #15
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    Default Re: NYSRPA v. Bruen – SCOTUS Concealed Carry Case - Oral Arguments 11/3/21

    They should be pulled right from their state assembly and charged. Or at least everyone who voted yes should be served with Papers for 42 U.S. Code § 1983 - Civil action for deprivation of rights, right there at the scene of their crime. They are knowingly continuing to violate our civil rights. Qualified immunity should be gone for them.

    The plaintiffs in the case should legally go after these criminal legislators directly. Might wake a few up.

    https://en.m.wikipedia.org/wiki/Ex_parte_Young

    So according to this, it seems like someone arrested under the new law would have standing, and could file a 1983 claim against those who passed, or try*s to enforce, what should eventually be ruled unconstitutional? They passed the new laws after, and contrary to the Bruen ruling.

    *Young contended that he was merely acting for the state of Minnesota when he sought to enforce its laws. The Court disagreed, holding that when a state official does something that is unconstitutional, the official cannot possibly be doing it in the name of the state, because the Supremacy Clause of the Constitution means that the Constitution overrides all the laws of the states, invalidating any contrary laws. Therefore, when a state official attempts to enforce an unconstitutional law, that individual is stripped of his official character. He becomes merely another citizen who can constitutionally be brought before a court by a party seeking injunctive relief.*

  6. #16
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    Default Re: NYSRPA v. Bruen – SCOTUS Concealed Carry Case - Oral Arguments 11/3/21

    gov.uscourts.nynd.134455.1.0.pdf

    Reading the actual case filed here, there are 6 separate 1983 claims made against the defendants listed below. That’s great, but they should also include the legislators that passed this as well.

    KEVIN P. BRUEN, in his official capacity )
    as Superintendent of the New York State Police, ) and ) ) RICHARD J. MCNALLY, JR., in his official ) capacity as Justice of the New York Supreme ) Court, Third Judicial District, and Licensing ) Officer for Rensselaer County,

  7. #17
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    Default Re: NYSRPA v. Bruen – SCOTUS Concealed Carry Case - Oral Arguments 11/3/21

    Until the communists are swept from the field they will continue to do communist things.
    Corruption is the default behavior of government officials. JPC

  8. #18
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    Default Re: NYSRPA v. Bruen – SCOTUS Concealed Carry Case - Oral Arguments 11/3/21

    Judge temporarily blocks most of New York's novel restrictive gun law
    by Kaelan Deese - October 06, 2022
    https://www.washingtonexaminer.com/p...ictive-gun-law

    A federal judge on Thursday temporarily blocked several parts of New York's new gun law that was passed in response to the Supreme Court's summer ruling against the Empire State's restrictive concealed carry permit regime.

    Chief Judge Glenn Suddaby of the U.S. District Court in Syracuse blocked portions of the law to allow the challengers, Gun Owners of America, to pursue its lawsuit challenging the state's law that went into effect on Sept. 1. One of the major changes from the order removes much of the law's prohibitions on carrying guns in public spaces, including Times Square in the heart of Manhattan and on subways.

    The new law, known as the Concealed Carry Improvement Act, created requirements to obtain a gun license, including submitting social media accounts for review and a "good moral character" clause that critics said was rooted in outdated and racist laws.

    The judge said the order would not take effect for three days to allow the state government a chance to appeal the ruling to a higher court, according to court documents.

    Attorney General Letitia James (D-NY) vowed to appeal the decision, saying that "while the decision preserves portions of the law, we believe the entire law must be preserved as enacted," according to a statement.

    "Common-sense gun control regulations help save lives. I will not back down from the fight to protect New Yorkers from repeated and baseless attacks on our state's gun safety measures. I will continue to defend our responsible gun laws and fight for the safety of everyday New Yorkers," James added.

    A major change within the judge's order now blocks some of the law's provisions that inscribed new requirements for background checks for gun permits, including the disclosure of all of an applicant’s social media accounts and a previous requirement for applicants to have meetings with a licensing officer.

    The judge also blocked the bans on guns in some public and private properties because he was highly critical that the law was too broad in its definition of "sensitive places" where guns wouldn't be allowed.

    Suddaby held that gun bans can only be enforced in polling places, government administrative buildings, public areas restricted to general access for special events via permits, such as Times Square on New Year's Eve, and any public or private educational facilities.

    Local city officials are likely to contest many parts of Suddaby's ruling, as New York City Mayor Eric Adams, a Democrat, held a hearing on Sept. 30 detailing several bills including one to designate Times Square as a "Gun Free Zone."

    Although guns will remain banned from any place of worship or religious observations, Suddaby clarified that people who are tasked with security are permitted to carry firearms, such as church-employed "peace officers."

    Additionally, Suddaby rejected the provision that gun license applicants should have good moral character. Under the order, it is now up to the licensing agency to prove the applicant does not have good moral character.

    Before the law took effect in September, Suddaby said he believed much of the new law would be unconstitutional but denied plaintiffs' request to block it because neither group nor member had standing to sue before it was enacted on Sept. 1.

    New York lawmakers in the Democratic-majority legislature passed the gun law during an emergency session in July that was ordered by Gov. Kathy Hochul (D) in response to the Supreme Court's 6-3 decision in New York State Rifle and Pistol Association v. Bruen in June, which held the state's previous concealed carry law was unconstitutional.

  9. #19
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    Default Re: NYSRPA v. Bruen – SCOTUS Concealed Carry Case - Oral Arguments 11/3/21

    Federal appeals court temporarily restores New York gun law
    by Rachel Schilke - October 12, 2022
    https://www.washingtonexaminer.com/n...w-york-gun-law

    A federal appeals court ruled on Wednesday to undo temporarily a lower court's decision that blocked New York's new gun law that would tighten concealed carry requirements.

    The 2nd U.S. Circuit Court of Appeals reversed the decision made on Thursday by U.S. District Judge Glenn Suddaby, according to Reuters. The law is now in full effect, according to the office of New York Attorney General Letitia James.

    James expressed her support for the appeals court's decision.

    "I am pleased that the full Concealed Carry Improvement Act will stay in effect and continue to protect communities as the appeals process moves forward," James said. "My office will continue our efforts to protect the safety of everyday New Yorkers and defend our common-sense gun laws."

    As a result of the ruling, the law will be in effect until a three-judge panel on the 2nd Circuit decides on a motion to stay, per the statement.

    The ruling blocked portions of the legislation to allow the challengers, Gun Owners of America, to pursue the suit against the law, which went into effect on Sept. 1.

    Suddaby's ruling removed several portions of the law, commonly known as the Concealed Carry Improvement Act, including requirements for obtaining a gun license, such as submitting social media accounts for review and a "good moral character" clause. Another aspect of the law that was temporarily removed was the prohibition on carrying guns in public spaces, such as Times Square and subways.

    The New York legislature, with a Democratic majority, passed the gun law during an emergency session in July ordered by Gov. Kathy Hochul (D-NY). It came as a response to the Supreme Court's 6-3 decision in New York State Rifle and Pistol Association v. Bruen in June, which held the state's previous concealed carry law was unconstitutional.
    A HOT POTATO IN THE COURTS....!!!

    ...

  10. #20
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    Default Re: NYSRPA v. Bruen – SCOTUS Concealed Carry Case - Oral Arguments 11/3/21

    U.S. judge suspends many of New York's new gun restrictions
    By Jonathan Allen - November 7, 2022
    https://www.reuters.com/legal/federa...ns-2022-11-07/

    NEW YORK, Nov 7 (Reuters) - A federal judge in New York temporarily suspended many parts of the state's new gun restrictions on Monday to allow members of a gun-owners' rights group to continue their lawsuit challenging the new law as unconstitutional.

    Judge Glenn Suddaby of the U.S. District Court in Syracuse agreed to issue the order at the request of six New York residents who are members of Gun Owners of America, which competes with the National Rifle Association in political influence.

    New York's old gun license regime was thrown out by the U.S. Supreme Court in a landmark June ruling that established an individual right to carry weapons in public for self-defense, making it harder for lawmakers nationwide to regulate guns in a country where mass shootings are commonplace.

    In Monday's preliminary injunction, Suddaby said New York officials could not compel people applying for a gun license to disclose the handles of their social media accounts or the names and contact details of everyone they live with, major provisions of the Concealed Carry Improvement Act which took effect on Sept. 1. Nor would applicants have to prove their "good moral character," Suddaby wrote in the 182-page order, a length he ascribed to the new law's "unprecedented constitutional violations."

    He also sharply pared back New York's new list of "sensitive places" where it is a new felony crime to possess a gun even with a license, writing that the state could not ban guns in theaters, bars and restaurants, parks, airports and other public places. The bans, however, can remain in some places, including schools, courthouses and polling stations. He also suspended enforcement of a new felony of having a gun on private premises without the express permission of the property owner or lessee.

    The fate of New York's new law is being watched by leaders in California, Maryland and several other large states with gun regulations the Supreme Court found unconstitutional. The law is facing multiple legal challenges by gun owners: another federal judge last month agreed to suspend a provision making it a felony to have a gun in a place of religious worship.

    New York's Democratic leaders said the Supreme Court ruling would lead to more gun violence. They agreed to overhaul the law to remove a provision requiring license applicants to prove they had "proper cause," or some kind of special reason for owning a gun. But they heightened the licensing requirements in other areas and banned guns in many parts of the state; many Republicans said the new law was rushed and would criminalize lawful gun owners.

    In court filings, the state has argued the law complies with the Supreme Court's new stipulation that a weapons restriction is only constitutional if it is similar enough to regulations that were common in the 18th century, when the U.S. Constitution's Second Amendment regarding a "right to keep and bear Arms" was ratified.

    Spokespeople for New York Governor Kathy Hochul, a Democrat who oversaw the passage of the new law, and Attorney General Letitia James did not respond to requests for comment.

    Erich Pratt, Gun Owners of America's senior vice president, applauded the ruling in a statement, warning Hochul and other politicians to obey the Supreme Court: "fall in line, or we will force you to."

    Reporting by Jonathan Allen; Editing by Grant McCool

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