Essentially, the judge found all of the major elements of the new [New York Concealed Carry Improvement Act] violate the constitutional rights of law-abiding gun owners who have gone through the state’s extensive vetting process to be able to carry a concealed weapon to protect themselves and others.
Maybe that’s why, at a news conference with Hochul last week, New York City Mayor Eric Adams bragged about police recovering 4,700 illegal guns so far this year. Like the carnival huckster distracting the shell-game dupe, he was talking about criminals – not the law-abiding gun owners the CCIA targets. Neither he nor Hochul nor any other politician has come up with any such numbers to show that legal permit holders are a problem.
Yet that’s who they are going after with a law whose major provisions a federal judge has warned violate the U.S. Constitution.
Attorney Stephen Stamboulieh said the plaintiffs are still examining their options. Presumably, that means either appealing or filing a new case that satisfies the concerns about “standing.”
Either way, Suddaby has made clear what should have been clear all along to New York officials.
Granted, individual district judges have been known to go rogue before being reeled in by higher courts. But Suddaby’s analysis is so grounded in the rationale of the U.S. Supreme Court’s June decision that it’s hard to imagine it being rejected barring a wholesale change on the high court.
That makes it just a matter of time before New York’s unconstitutional law – just like the previous one – is struck down. The only question is: How many lives of law-abiding gun owners will Hochul and the Democrats put at risk in the meantime?
— Rod Watson in Hochul on borrowed time with ‘unconstitutional’ gun law
And that is about where we stand currently with multiple lawsuits addressing various aspects at different dates all being evaluated on best chance of success vs cost. I think the NYSRPA one is due for Nov 30th.
The self servers hochul and adams both have taxpayer funded armed security around them so they are not worried in the least about expendable, dime a dozen citizens having the means to defend themselves. The choice for the expendables is to stand still while a criminal carves them up like a turkey or tell hochul and adams to go pound sand.
While it is not encouraged there is a sizable population that went with the “fuck it I am going to carry anyway and good luck taking it to trial after charging me” mindset. I understand why and hope they are not the ones used for the test cases (because it is expensive mainly).
I hope there are people who will volunteer to be a test case. Perhaps an elderly person, for example…
Actually, if they are arrested, they could file a motion to dismiss challenging the law under which they would be charged on Constitutional grounds. Just copy and paste Suddaby’s decision. I am not saying that that would be successful if the defendant has not attempted, unsuccessfully, to acquire a CCW, or had a CCW at the time of arrest.
I think I heard that mentioned as well but not the permit/lack thereof section so do we encourage defense attorneys to go for such a thing when a gangbanger gets pinched just for the extra ironic equity?
The problem is that New York, as well as some other states, does not care what the Constitution, let alone SCOTUS, has to say about the law. They know that they can continually bypass SCOTUS rulings with their own cr*p with no fear of repercussion. The state has the money to stay in court as long as they want where as plaintiffs have limited funds for litigation, all the while their citizens are being denied their rights
This will continue until the voters are sick of their rights being trampled.
Yeah, and with the insult to injury factor that the ‘injured’ victims’ Deprivation of Rights by this blatant criminal act under 18-241-242 by these Marxist totalitarian politicians who can ‘stay in court as long as they want’ is because the victims are paying the state attorneys salaries with their tax dollars!
this won’t happen as long as Dopey Joey remains the CEO of the US, but this whole situation puts me in mind of a guy some may have heard about, because of his conduct a few decades back. I am thinking of George Wallace, former governor of Alabama I think it was. Biden would come down on Ho Chool’s side, for sure. Perhaps a different president might see this more as an opportunity to go full George Wallace and DEAL with it. Hmm Maybe DeSantis?
It would maky my whole YEAR to see NG troops haul Ho Chool off in irons, stuff her into a tattered orange onesie and escort her to her new “quarters”. Stone walls and steel bars……
How many lives have to be lost before people in New York start to see what’s happening here?
All of them……….or at least enough that NYC doesn’t have the population to zombie vote their way through everything 😛 I pray not too many get victimized and look forward to our State Attorneys getting embarrassed in court…………again
After the reasonable people who can afford to leave the only ones left will be criminals who expect to be dead by 30 and liberal death-cultists who relish the idea of dying for any one of the various eschatological or social justice original sins they burden themselves with as their only means into a heaven they don’t believe exists.
So, all of them and even then nothing will be done.
WOW! You should copyright that first sentence!
Prindll,
Noticed a tendency on the part of Leftist/fascist Dimcrats to learn from their mistakes, have you??? That phenomenon has escaped my notice. “Double down on stupid” seems to be more their style.
Yes, but no doubt orchestrated from on high. We should never forget that it isn’t just that the high and low minions are liars and idiots.
judiciously applying the romanian solution say, fifty times would make a dent.
who to install?
“…New York City Mayor Eric Adams bragged about police recovering 4,700 illegal guns so far this year.”
I have a suggestion for a lawsuit guaranteed to enrage the Leftist Scum ™.
The lawsuit should demand those 4,700 seized guns be sold at auction (to lawful FFL holders) instead of being destroyed, as a way to generate money for law enforcement…
First of all if citizens of NEW YORK Have abided by the law it means that they cCAN carry concealed weapons does it not??. So exactly what is the problem here??
Then the question of ”How many lives of LAW ABIDING GUN OWNERS will be put at risk in the MEANTIME”?.
To get an answer to a question there must be at least a reasonable chance of there actually BEING an answer.
So what could the answer be except I DO NOT KNOW and neither does anybody else if indeed there is any. The statistics would suggest that for all intents an purposes the answer is ZERO. Because a CONCEALED CARRY is about as much use a Chocolate Cigar in any given situation including one with criminal intent or any interpretation of Self Defence.
In any interpretation of self defence you would only need a bloody hand gun if you were already under threat with a GUN-IN-Hand.
If you are actually crazy enough to ‘go for your CONCEALED WEAPON’ with a gun at your stupid head then yoy are on a one-way ticket to the City Morgue.
You have turned a situation where the first intent was NOT to shoot your stupid head off, because if it was you would ALREADY be dead, into a a situation where YOUR DEMISE is certainly the SECOND intent and with a five second advantage. Try it some day with BLANKS.
Having a stroke bud?
Bummer…
More like too much cheap gin. The type that can also clean your kitchen and bathroom.
Blanks kill. Moron.
It appears that you are unaware of the provisions of the NYS carry law, and not just the invasion of privacy rights that will occur just to obtain one. This new law makes virtually the entire state a no carry zone, so even if you have a legitimate fear of being attacked (e.g. people being stalked by an ex notwithstanding a stay away order) you will not be permitted to legally carry in places where you are likely to be attacked. IN fact, this new law is far more restrictive in places where carry is permitted than the old law overturned by the Supreme Court.
You also appear to be willfully ignorant of or consciously dismissive of the longstanding research establishing that Americans use guns in self defense roughly 1.5 million times a year. Read the news: there are multiple cases of gun owners successfully using their firearms to stop an attempted car jacking even though their attacker had the drop on them.
Prince Albert the LYING, Poncey, Fake-Brit, Fake-Military Wanking Poofter Subject,
“First of all if citizens of NEW YORK Have abided by the law it means that they cCAN carry concealed weapons does it not??. So exactly what is the problem here??”
Are you really a stupid person, or do you just play one on the Internet??? NO, you f***ing retard, THEY CAN’T, and that’s exactly the issue. The NY statute was specifically DESIGNED to prevent even a CCW holder from being able to carry. If you look at the maps of all the “sensitive” areas that are prohibited, it would literally be IMPOSSIBLE to go any significant distance in MY without crossing a “sensitive” zone.
If you were really as stupid as you sound, you wouldn’t be able to type. Oh, that’s right, you CAN’T type. Nevermind.
Any bets he has a Webley or Enfield revolver stashed in drawer for just-in-case? Completely off books of course but his Establishment connections will smooth over any problems.
Allie Boy, please take some TRAINING or something. You have NO CLUE the realities involved with arme self-protection. From WHENCE came your barmy ideas? Anyone suffiicnently aware to arm themselves will also be sufficiently aware to research and train. The time to “go for your concealed weapon” is long before the other chap has his muzzle up against your temple.
You are such a comical fatalist, you are. I’d suggest growing up into a MAN, one who would not wilt and fold and resign your sorry self to the evil intents of the hooligans roaming about. Rise up, get a grip, and refuse to submit to victim status.
Then let we this side the puddle decide for ourselves whether we will each decide to be a victim or a victor. Or at least tip the balance toward that side.
YOU have no call to tell ME whether I should carry about upon my person the most effective means available to preserve MY LIFE and those round about me from some murderous misfit seeking to deprive me of life or limb of goods.
Leave us be. WE HAVE the right to arms, it cannot be taken. Niether will we surrender it.
“Standing” is always problematic with any law that has not yet gone into effect.
Once a law has gone into effect, the plaintiffs need to be able to show some harm that the law does to them personally — some judges take a very strict view of what constitutes harm while other judges may be more expansive.
People have kicked around the notion that a prospective plaintiff would need to be arrested for violating the law in order to show “harm” needed to establish “standing” — being arrested and prosecuted for violating the law would absolutely qualify as standing in any court, but most courts would find that a plaintiff has standing simply if the law prevents them from performing some normal and otherwise-legal activity.
Given the absurd designation of “sensitive places” in New York (especially NYC) it should not be overly difficult to find someone who holds a carry permit and who is adversely impacted by the CCIA.
The slightly more complex trick is that any organization sponsoring such a suit wants to pick a plaintiff who would highlight the absurdity of the law but not someone where the law could be easily tweaked to make them exempt.
Much better than I could explain it thank you.
Jeebus, click and this horrifying hag pops up on my screen first thing in the morning. Thanks ttag…
Every press conference I need to pay attention to but at least it isn’t daily anymore.
Ha! Distracting is an understatement.
Shooter,
Have to say, Ho-tool is definitely one fugly hag. But, since ‘beauty is only skin deep’, . . . she’s even more fugly on the inside.
I dont doubt that for a second, Lamp.
Albert have you started cutting fire wood yet? Better get started on that, gonna be a long cold winter. Do you know how to cook on a fire? Have you paid the light bill yet? Do you know how to clean a rat? Better develop a taste for them. I think you have enough in the UK to worry about.
How’s Hand Licker Hall gonna even kill a rat over there now? We used teeth before the sword kinda thing? Are they even ‘allowed’ sporks any more? Not that we aren’t on the same trajectory 🙄.
We might be on the same course, but that will hang upon whether enough of US stand firm and throw off every attempt to put the yoke upon us again.
We can see the course clearly from here, though. Examine the UK, EnnZed, Auz, Canada, and it is clear their course. Whether WE are complacent enough to allow OUR government to follow on theirs remains to be seen.
I do know one thing, though: not ALL the guns were surrendered in Canada or Australia. I seriously doubt whether any significant portion of the guns possessed in the UK , Aus, NZ, were actually surrendered for destrution. That means there remain in the hands of the citizenry a significant number of arms. They are, in the main, laid by “until necessary”.
Well I’m in Canada bro, and I can assure you no guns have been surrendered, not as of yet, nor are they likely to be. Court cases are in (slow) play and hopefully reason will carry the day over abuse of office. If it doesn’t then I’ll be among the first to fall because I will never, ever live on my knees. Not ever. Fuck that. Good luck, because I do believe it’s coming, one way or the other.
Putting law abiding people at risk is part of Frau Hochul’s plan. The other part involves not arresting or prosecuting actual criminals so they can remain free to loot, murder, rape, kill, and vote Democrat.
Like California, has become Bizarro World.
Take a close look at what’s her names neck. She should not go out to the country during turkey season,
Why she still have that weird cult necklace on or is it the failed (again) facelift?
Yeah, I mean what is with these hags wardrobes and big bead necklaces? Is it a uniform of some kind? Every. Single. One. Of. Them. Of course their male(ish) counterparts all look like failed real estate agents too, even in Armani somehow… what a truly disgusting and disappointing conglomerate of assclowns. Globally.
One more facelift and she’ll be sporting a goatee.
This joke has gone to a dark place
Safe,
Smelly, too. Puts me in mind of a fishmarket.
I’m a retired law enforcement officer and I’m federally qualified under HR 218. I will admit that the law effects me differently than a typical NYS CCW holder. Although I feel bad for myself, I’m aghast at how a typical gun owner is being treated!!!
Some “Sensitive locations” that I am allowed to carry in (and this is not the full list) would be:
• Public transportation and transit facilities;
• Bars and restaurants serving alcohol, and on-premises cannabis consumption
locations;
• Theaters, stadiums, racetracks, museums, amusement parks, performance
venues, concert halls, exhibit halls, conference centers, banquet halls, gaming
facilities, video lottery terminal facilities as licensed by the gaming commission, religious institutions and many more . I am allowed by law to carry in the Times Square region.
Buuuuuut, if I walk into any retail establishment such as a Lowe’s, Home Depot, Taco Bell, etc. I’m deemed guilty of committing a felony! So, I can carry in state office buildings, and bars, and concert halls, but if I carry in a
Walmart, I’m a felon. It makes no sense. Making all stores restricted locations where they have to post a sign allowing carry, would seem to me to be like saying all people are guilty until proven innocent. Imagine trying to get a large corporation to post a sign. You’re sure not going to get it from a local store employee.
Andy, sorry to say this but you and your past homies enable this shit. Without enablers they wouldn’t dare peep out the curtains. It’s you guys and no one else who come at us with the threat of force, meaning incarceration or death, at their behest to implement their foul deeds. And good cops like you join right in. For a paycheque. Or just for kicks. Shame on every last single one of you. Up here in Canada I now have 14mo to decide wether to start shooting (and then die) or to bend the knee to a lying, pandering, theiving idiot manchild and his now bought n paid for fucking gestapo and surrender a Colt H-Bar I’ve owned for near twenty years when these masked thugs come knocking at zero dark thirty. But I’m getting old and my knees have grown stiff. Very fucking stiff. So thanks, Andy, how’s it feel to have been maybe the biggest part of the problem? How’s it feel to have spent a career enabling these pieces of excrement to criminalize me and send men with guns, men just like you with guns I helped pay for, to steal my property (which they themselves vetted/licensed me to “possess and acquire” ) or to take my life if I choose to resist their coercion and theft. I don’t mean to single you out but this is exactly how it is. So how’s that feel? I guess none of this was on your radar until after you retired? Cry me/us a river on how now you can’t stroll into Wal-Mart packing heat and how awful it must be for the mere commoner! Of course none of it makes sense, none of it ever has, yet there you guys were “just doing your job” and enforcing it anyway. You and your cronies have much to answer for. Not sure how one goes about making something like that right. Any ideas?
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