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Author Topic: SCOTUS has struck down NY carry law  (Read 9003 times)

Online sbhaven

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Re: SCOTUS has struck down NY carry law
« Reply #150 on: December 22, 2022, 05:09:29 PM »
New York’s updated gun restrictions up for another fight at high court
https://www.courthousenews.com/new-yorks-updated-gun-restrictions-up-for-another-fight-at-high-court/

The conservative majority handed a big win to Second Amendment advocates last term but New York gun owners say the state has found a workaround to skirt the court’s ruling.

Challenging new restrictions on who gets to carry a firearm in New York state, a group of gun owners asked the Supreme Court on Wednesday to intervene.

Just last term the Supreme Court handed down a landmark Second Amendment ruling after the previous incarnation of New York's law inspired a challenge. The conservative majority not only shot down New York’s law in New York State Rifle and Pistol Association v. Bruen, it also created new criteria for evaluating all gun laws across the country.

It took Empire State lawmakers just a little over a week to fire back. The updated statute, called the Concealed Carry Improvement Act or the CCIA, requires gun owners seeking a concealed-carry license to show good moral character. It also declares certain areas in the state — like churches, medical offices, public parks and entertainment venues — to be “sensitive places” off limits to firearm possession.

Gun rights advocates claim the law deprives them of their Second Amendment rights.

“Falling far short of complying with this Court’s Bruen decision, the CCIA instead extinguishes the right of ‘ordinary, law-abiding citizens … to carry handguns publicly for their self-defense,’” Stephen Stamboulieh, an attorney at Stamboulieh Law representing the gun owners, wrote Wednesday in an application to the court for emergency relief.

Led by Ivan Antonyuk, the gun owners went to the high court after the Second Circuit blocked a federal judge's ruling that struck down parts of the law. As the state’s appeal proceeded, the law is allowed to take effect.

“The CCIA stands in direct defiance to Bruen’s central holding that governments cannot keep ‘ordinary, law-abiding citizen(s)’ with ‘ordinary self-defense needs from carrying arms in public for that purpose,’” Stamboulieh wrote. “The Second Circuit’s stay of the district court’s preliminary injunction allows New York’s novel, anti-Bruen law to strip New Yorkers of their right to keep and bear arms in a sweeping and unprecedented way, along with the collateral damage of violating multiple other constitutional provisions.”

Describing the ruling as unreasoned and knee-jerk, the firearm owners say the Second Circuit should have learned its lesson after the court’s repudiation in Bruen.

“One might think that the Second Circuit — being the circuit whose opinion was recently reversed by this Court in Bruen — might find it appropriate to at least provide some basis for its decision to stay multiple lower court decisions which have faithfully applied the Bruen framework,” Stamboulieh wrote. “But one would be wrong.”

The gun owners claim the CCIA all but eliminates concealed carry in New York. In addition to violating the constitutional rights of New Yorkers, the advocates argue, the law also provides a roadmap for snubbing the high court’s rulings.

“Rather than complying with this Court’s Bruen decision, New York has thumbed its nose at this Court, creating a new statutory scheme wherein the concealed carry of firearms is far more restrictive, and the licensing process far more onerous, than before this Court’s decision in Bruen,” Stamboulieh wrote.
« Last Edit: December 22, 2022, 05:10:15 PM by sbhaven »
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Potentially, a government is the most dangerous threat to man's rights: it holds a legal monopoly on the use of physical force against legally disarmed victims.
- Ayn Rand
 

Online sbhaven

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Re: SCOTUS has struck down NY carry law
« Reply #151 on: December 27, 2022, 04:34:36 PM »
Not sure what it means but a minor update on the appeal to SCOTUS...

https://www.supremecourt.gov/docket/docketfiles/html/public/22A557.html

Dec 27 2022   Response to application (22A557) requested by Justice Sotomayor, due by 4 p.m. (EST), Tuesday, January 3, 2023.

https://twitter.com/2Aupdates/status/1607844164158332929

Rob Romano

Antonyuk v. Nigrelli (#SCOTUS, 22A557): Response to application (22A557) requested by Justice Sotomayor, due by 4 p.m. (EST), Tuesday, January 3, 2023. https://supremecourt.gov/docket/docketfiles/html/public/22A557.html
4:01 PM · Dec 27, 2022
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Potentially, a government is the most dangerous threat to man's rights: it holds a legal monopoly on the use of physical force against legally disarmed victims.
- Ayn Rand
 

Online imahangtia

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Re: SCOTUS has struck down NY carry law
« Reply #152 on: December 27, 2022, 07:53:30 PM »
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Online sbhaven

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Re: SCOTUS has struck down NY carry law
« Reply #153 on: December 30, 2022, 02:55:31 PM »
NY judge issues opinion saying NY's churches sensitive places ban violates 1st and 2nd Amendment.


https://www.youtube.com/watch?v=ZwCQHQGQty0

In Buffalo, New York, Judge Sinatra in WDNY Declared that NY's Ban on Gun in Places of Worship as Sensitive Places violates both the First Amendment's religious freedom clauses as well as the Second Amendment's right to bear arms. Decision is here.....
https://storage.courtlistener.com/recap/gov.uscourts.nywd.143192/gov.uscourts.nywd.143192.56.0.pdf
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Potentially, a government is the most dangerous threat to man's rights: it holds a legal monopoly on the use of physical force against legally disarmed victims.
- Ayn Rand
 

Online sbhaven

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« Last Edit: January 05, 2023, 11:55:31 AM by sbhaven »
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Potentially, a government is the most dangerous threat to man's rights: it holds a legal monopoly on the use of physical force against legally disarmed victims.
- Ayn Rand
 

Online sbhaven

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Re: SCOTUS has struck down NY carry law
« Reply #155 on: January 05, 2023, 05:26:30 PM »

https://www.youtube.com/watch?v=piNmU7bRPeI

Constitutional Attorney Reviews New York's legal brief submitted to the U.S. Supreme Court on the emergency application in the Antonyuk v. Nigrelli case. In a Second Amendment challenge to New York's Concealed Carry Improvement Act, the US Supreme Court is being asked to decide whether to vacate an administrative stay put into place by the Second Circuit Court of Appeals based in New York City.

The State of New York was required to submit a legal brief explaining their conduct in the lower courts and with their law which they have now done. The Four Boxer‘s Diner has reviewed their brief and has the following observations to make about what New York has to say in justifying their gun control laws enacted after NYSRPA v. Bruen.

-----------------
TIMESTAMPS
-----------------

0:00 IMPORTANT NEWS
0:58 Differences vs Bruen
3:52 Case Details
9:02 Two Main Arguments
12:42 Arguments on the Merits
15:13 Sensitive Places
17:43 New York is Scared
20:00 Thank You!
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Potentially, a government is the most dangerous threat to man's rights: it holds a legal monopoly on the use of physical force against legally disarmed victims.
- Ayn Rand
 

Online sbhaven

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Re: SCOTUS has struck down NY carry law
« Reply #156 on: January 11, 2023, 03:15:59 PM »
SCOTUS refuses to vacate 2nd circuit ruling:
https://www.supremecourt.gov/opinions/22pdf/22a557_0pm1.pdf

Statement of ALITO, J.

SUPREME COURT OF THE UNITED STATES

No. 22A557

IVAN ANTONYUK, ET AL. v. STEVEN NIGRELLI, IN HIS OFFICIAL CAPACITY AS ACTING SUPERINTENDENT OF NEW YORK STATE POLICE, ET AL. ON APPLICATION TO VACATE STAY

[January 11, 2023]

The application to vacate stay presented to JUSTICE SOTOMAYOR and by her referred to the Court is denied.

Statement of JUSTICE ALITO, with whom JUSTICE THOMAS joins, respecting the denial of the application to vacate stay.

The New York law at issue in this application presents novel and serious questions under both the First and the Second Amendments. The District Court found, in a thorough opinion, that the applicants were likely to succeed on a number of their claims, and it issued a preliminary injunction as to twelve provisions of the challenged law. With one exception, the Second Circuit issued a stay of the injunction in full, and in doing so did not provide any explanation for its ruling. App. to Emergency Application 2. In parallel cases presenting related issues, the Second Circuit has likewise issued unreasoned summary stay orders, but in those cases it has ordered expedited briefing. See, e.g., Order in Hardaway v. Nigrelli, No. 22–2933 (CA2, Dec. 7,2022), ECF Doc. 53; Order in Christian v. Nigrelli, No. 22–2987 (CA2, Dec. 12, 2022), ECF Doc. 40.

I understand the Court’s denial today to reflect respect for the Second Circuit’s procedures in managing its own docket, rather than expressing any view on the merits of the case. Applicants should not be deterred by today’s order from again seeking relief if the Second Circuit does not, within a reasonable time, provide an explanation for its stay order or expedite consideration of the appeal.



https://www.youtube.com/watch?v=TR3qhC0_tN0

The U.S. Supreme Court today refused to enter an order vacating the Second Circuit Court of Appeals' ruling staying the lower courts' decisions finding New York's new gun control laws to be mostly unconstitutional under the Second and First Amendments.  However, in a key development, a statement was made by Justices Alito and Thomas explaining that this decision was only because of the case's procedural posture and that if the Second Circuit does not handle this case properly, the 2A plaintiffs should feel comfortable in seeking another emergency request for relief.
-----------------
TIMESTAMPS
-----------------
0:00 intro
1:58 request denied
2:40 emergency hard to win
3:50 procedural issues
4:30 Denied
4:55 Alito statement
5:30 1A and 2A issues
5:56 Thorough reasoning
6:30 2nd Circuit Ruling
7:38 unreasoned ruling
8:30 other 2A cases
9:47 procedural issues
10:40 Not on Merits
11:25 Good News
12:45 Reasonable Time
13:50 Brown v. Board of Ed.
« Last Edit: January 11, 2023, 03:40:32 PM by sbhaven »
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Potentially, a government is the most dangerous threat to man's rights: it holds a legal monopoly on the use of physical force against legally disarmed victims.
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Online sbhaven

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Potentially, a government is the most dangerous threat to man's rights: it holds a legal monopoly on the use of physical force against legally disarmed victims.
- Ayn Rand
 

Online sbhaven

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Re: SCOTUS has struck down NY carry law
« Reply #158 on: January 23, 2023, 09:11:35 PM »
2nd circuit moves to hear 5 NY gun law challenges on March 20th.


https://m.youtube.com/watch?v=aeFWghnW12E
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Potentially, a government is the most dangerous threat to man's rights: it holds a legal monopoly on the use of physical force against legally disarmed victims.
- Ayn Rand
 

 

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