NY Supreme Court threatens injunction against SAFE Act

NY Supreme Court threatens injunction against SAFE Act

This is a discussion on NY Supreme Court threatens injunction against SAFE Act within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; The State of New York must prove that the SAFE Act is constitutional by April 29 or have a court injunction filed against it: NY ...

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Thread: NY Supreme Court threatens injunction against SAFE Act

  1. #1
    VIP Member Array SpringerXD's Avatar
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    NY Supreme Court threatens injunction against SAFE Act

    The State of New York must prove that the SAFE Act is constitutional by April 29 or have a court injunction filed against it:

    NY Supreme Court Considers SAFE Act Injunction | The Truth About Guns

    Rock on!

    shadowwalker likes this.
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    Senior Member Array SigPapa226's Avatar
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    Hopefully a score for the good guys and not just a ploy to provide cover for Cuomo.
    Ten Bears: It's sad that governments are chiefed by the double tongues. There is iron in your words of death for all Comanche to see, and so there is iron in your words of life. No signed paper can hold the iron. It must come from men.

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    Quote Originally Posted by SpringerXD View Post
    The State of New York must prove that the SAFE Act is constitutional by April 29 or have a court injunction filed against it:

    NY Supreme Court Considers SAFE Act Injunction | The Truth About Guns

    Rock on!


    Just an aside which may be pertinent before everyone high fives. In NY, The Supreme Court is not
    what it sounds like. Supreme Courts in NY are what others refer to as District Courts or the first level
    of a judicial process. Per Wiki---"The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the state court system of New York " New York Supreme Court - Wikipedia, the free encyclopedia

    This is consistent with my personal experience from when I lived there many many years ago.

    It is good that The Court has made this demand of the state, but the fat lady had not begun to sing.

    The choreography of this dance is highly predictable. The lowest court will rule the NY law constitutional.
    The appeal (s) will eventually end up in the Second Circuit in Manhattan. In all probability they will agree
    the law is constitutional-- notwithstanding what we here on this board may think. They won't ask us.

    Whether or not the US Supremes will touch an appeal from the 2nd Circuit is highly problematic, and the
    resulting ruling could be very very very very very bad for us. No high fives yet.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
    Andrew Jackson

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    VIP Member Array oakchas's Avatar
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    Quote Originally Posted by Hopyard View Post
    Just an aside which may be pertinent before everyone high fives. In NY, The Supreme Court is not
    what it sounds like. Supreme Courts in NY are what others refer to as District Courts or the first level
    of a judicial process. Per Wiki---"The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the state court system of New York " New York Supreme Court - Wikipedia, the free encyclopedia

    This is consistent with my personal experience from when I lived there many many years ago.

    It is good that The Court has made this demand of the state, but the fat lady had not begun to sing.

    The choreography of this dance is highly predictable. The lowest court will rule the NY law constitutional.
    The appeal (s) will eventually end up in the Second Circuit in Manhattan. In all probability they will agree
    the law is constitutional-- notwithstanding what we here on this board may think. They won't ask us.

    Whether or not the US Supremes will touch an appeal from the 2nd Circuit is highly problematic, and the
    resulting ruling could be very very very very very bad for us. No high fives yet.
    See, even our side has a bit of trouble listening to facts, Hop...

    This is a war. It is being waged on many fronts. Individuals in each state must stay in the battle both locally, and nationally. Major battles in NY state, and Colorado... Illinois to follow, what with the clock ticking on a carry weapons law. We have to watch our state legislatures, and keep track of bills introduced. We have to write our reps at state and federal levels... and we've got to keep doing it...

    It won't hurt for some of us to write to the legislators in other states as well, especially those that rely on revenue from visitors... New York, maybe. Colorado, definitely (RockandGlock has provided contact info for Colorado).

    It wouldn't hurt for the gun organization's faithful to send emails to their organizations, too... especially if you've seen or heard of anti gun advertising being aired in your areas... Keep on them to join the fray on the public stage... You Tube videos preaching to the choir do us no good...
    Hopyard and peckman28 like this.
    Rats!
    It could be worse!
    I suppose

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    Any way you look at it this will be interesting to watch, here’s hoping the whole thing gets shot down.
    blitzburgh likes this.
    When you have to shoot, shoot. Don't talk.
    "Don't forget, incoming fire has the right of way."

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    Member Array tflhndn's Avatar
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    NY Supreme Court threatens injunction against SAFE Act

    Guys, this is much ado about nothing due to bad context in the reporting...

    First, in NY, the Supreme Court is the trial court... not the top appellate court.

    Second, the court is not requiring the state to "prove" the SAFE Act is constitutional, the court simply ordered the state to respond to a lawsuit brought by a gun right defender who is seeking an injunction.

    While the language seems to indicate the burden of proof has been put on the state, it is simply not so. Showing "good cause and reasons" is simply the NY term of Art for "if you do not respond to this lawsuit we will rule for the Plaintiff's"

    Once the state shows up, the burden will be back on the Plaintiffs who brought suit.


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    Hopyard likes this.

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    VIP Member Array Crowman's Avatar
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    How lame is the New York Supreme Court, isn't it their job to make that determination..........
    "One of the greatest delusions in the world is the hope that the evils in this world are to be cured by legislation."
    --Thomas B. Reed, American Attorney

    Second Amendment -- Established December 15, 1791 and slowly eroded ever since What happened to "..... shall not be infringed."

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    VIP Member Array Ghost1958's Avatar
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    Apparently the founding fathers were correct again. They gave no authority to the local state or feds to infringe on 2A probably having about as much faith in the courts to uphold the Constitution as they had in any form of government to do it for long.
    Hence they upheld the Peoples right to weapons with which to defend their freedoms from just this sort of insanity.
    A testament to their wisdom and a current test of our desire to remain free.
    " It is sad governments are chief'ed by the double tongues." quote Ten Bears Movie Outlaw Josie Wales

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    Senior Member Array palmgopher's Avatar
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    Eh only if they disagree.....

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    VIP Member Array Ghost1958's Avatar
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    Quote Originally Posted by Ghost1958 View Post
    Apparently the founding fathers were correct again. They gave no authority to the local state or feds to infringe on 2A probably having about as much faith in the courts to uphold the Constitution as they had in any form of government to do it for long.
    Hence they upheld the Peoples right to weapons with which to defend their freedoms from just this sort of insanity.
    A testament to their wisdom and a current test of our desire to remain free.
    Eh i forgot to mention 2A doesnt give authority to the courts to infringe on it either
    " It is sad governments are chief'ed by the double tongues." quote Ten Bears Movie Outlaw Josie Wales

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    VIP Member Array Eagleks's Avatar
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    Lets just hope that NY cannot convince the Judge that any of it's constitutional, and the injunction gets issued.... and NY loses the entire challenge.
    I don't make jokes. I just watch the government and report the facts. --- Will Rogers ---
    Chief Justice John Roberts : "I don't see how you can read Heller and not take away from it the notion that the Second Amendment...was extremely important to the framers in their view of what liberty meant."

  12. #12
    VIP Member Array Crowman's Avatar
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    The court is basically saying bring us some "rhetoric" that will convince the unknowing people of New York its constitutional and we will rule that way......
    "One of the greatest delusions in the world is the hope that the evils in this world are to be cured by legislation."
    --Thomas B. Reed, American Attorney

    Second Amendment -- Established December 15, 1791 and slowly eroded ever since What happened to "..... shall not be infringed."

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