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  • SAFE act legal challenge updates

    Erie County Distict Attorney John Flynn says he is dropping criminal charges against 23 individuals for having too many cartridges in a gun magazine. The DA says that comes a result of an appeals court decision declaring this particular section of the SAFE Act unconstitutional.

    http://news.wbfo.org/post/da-says-he...constitutional

    Ostrowski will be in front of the Second Circuit federal appeals court seeking to end the state's pistol permit system on a whole series of issues, including a U.S. Supreme Court decision that threw out most of Washington, D.C.'s pistol permit system as a violation of the Second Amendment.

    http://news.wbfo.org/post/safe-act-c...4IyMNB4J7DlqSc

    For Norm D'G: https://www.scribd.com/document/3875...6oW7tCnAiXs1XA
    Beer is like porn, you can buy it but it's more fun to make your own

    I have to bend over too far

    I get a boner.

    bareback every couple of days, GTG. Bareback, brokeback, same $hit!

    I joined a support group to help me deal with my social anxiety but I just can't seem to work up the nerve to go to a meeting......

  • #2
    Here's hoping something happens.

    We've got to catch a break eventually.
    "I ask, Sir, what is dinner? It is the whole chicken. To pluck the chicken is the best and most effectual way to prepare them."
    Colonel Sanders

    That is a NICE looking bunch of meat!

    I can still find a use for my thumb, even though it no longer has a hole to finger.

    I could have been enjoying his nuts.

    Comment


    • #3
      I hope things go well, but definitely not something I'm going to hold my breath on.
      Old enough to know better, still too young to care

      Comment


      • #4
        regarding the first one above: after the appeals court decision what, 3 years ago, i don't know why there are even charges against these 23 people to begin with.

        Comment


        • #5
          Originally posted by big flash View Post
          regarding the first one above: after the appeals court decision what, 3 years ago, i don't know why there are even charges against these 23 people to begin with.
          Because technically the 7 round limit is still on the books and police will throw as many charges as they can come up with at a suspect in an attempt to have more leverage in a plea deal?

          Not really sure, but it's BS either way.
          NRA Life Member
          NRA Basic Rifle Instructor
          www.unconvictedfelon.com
          www.facebook.com/blackcoyotesrt

          I was thinking of his cannon.

          Comment


          • #6
            Related news from the front: Legal challenge to SAFE Act scheduled for oral argument Feb. 28 in NYS Supreme Court in Rochester, N.Y.

            http://www.2awny.com/2019/02/attorne...orney-general/



            Norm DeGuerre https://www.scribd.com/document/3989...ll-Reply-Brief
            Beer is like porn, you can buy it but it's more fun to make your own

            I have to bend over too far

            I get a boner.

            bareback every couple of days, GTG. Bareback, brokeback, same $hit!

            I joined a support group to help me deal with my social anxiety but I just can't seem to work up the nerve to go to a meeting......

            Comment


            • #7
              That sure does give me a warm fuzzy reading that.

              I question how wise it is to challenge SAFE in its totality, though.

              I'm going to cross everything I have that this is what takes it down, though not getting my hopes up too much.
              Old enough to know better, still too young to care

              Comment


              • #8
                In addition to the legal challenge mentioned above, Jim Ostrowski is progressing a case in 2019, Libertarian Party of Erie County v. Cuomo, that seeks to nullify New York State’s pistol permit requirement based on the following grounds:
                • Unconstitutional – Second and Fourteenth Amendment rights violated
                • Overly subjective nature of “good moral character,” “good cause,” and “proper cause” requirements
                • Application of “intermediate scrutiny” to Second Amendment restrictions when “strict scrutiny” is most appropriate for this constitutionally enumerated right
                The aforementioned case is expected to be argued before the U.S. Court of Appeals in Manhattan, N.Y. on Feb. 20, 2019 (one step away from U.S. Supreme Court review).
                Feb 20 is my birthday. Please, please, please give me a good present.
                Old enough to know better, still too young to care

                Comment


                • #9
                  Originally posted by thughes View Post
                  Related news from the front: Legal challenge to SAFE Act scheduled for oral argument Feb. 28 in NYS Supreme Court in Rochester, N.Y.

                  http://www.2awny.com/2019/02/attorne...orney-general/



                  Norm DeGuerre https://www.scribd.com/document/3989...ll-Reply-Brief
                  Jim really works hard at this juncture , send him 10 bux or so
                  because these Cases do not pay

                  I have a somewhat recent Fed decision that declares Constitutional argument
                  As " frivolous, without authority, ludicrous, and without merit"

                  But let's not go there
                  “The function of the law is not to provide justice or to preserve freedom. The function of the law is to keep those who hold power in power.” – Gerry Spence

                  Comment


                  • #10
                    Originally posted by camper4lyfe View Post
                    I question how wise it is to challenge SAFE in its totality, though.
                    Well considering that it has been upheld on appeal based upon intermediate scrutiny and nothing more than an op-ed piece from Mother Jones, I certainly hope it gets tossed. What I'd really like to see in regards to this specific case is some good old-fashioned jury nullification. FUAC
                    Beer is like porn, you can buy it but it's more fun to make your own

                    I have to bend over too far

                    I get a boner.

                    bareback every couple of days, GTG. Bareback, brokeback, same $hit!

                    I joined a support group to help me deal with my social anxiety but I just can't seem to work up the nerve to go to a meeting......

                    Comment


                    • #11
                      Originally posted by thughes View Post

                      Well considering that it has been upheld on appeal based upon intermediate scrutiny and nothing more than an op-ed piece from Mother Jones, I certainly hope it gets tossed. What I'd really like to see in regards to this specific case is some good old-fashioned jury nullification. FUAC
                      Hey, any positives we can get out of this are that much better.

                      My biggest fear is a precedent set by a negative ruling. If nothing else maybe it would create a stepping stone to SCOTUS?
                      Old enough to know better, still too young to care

                      Comment


                      • #12
                        SAFE Act and NY pistol permit regime revealed to be house of cards built on tenuous ‘intermediate scrutiny’ legal standard. In turn, Assistant NYS Attorney General begs State Supreme Court to deter…
                        Old enough to know better, still too young to care

                        Comment


                        • #13
                          Please let this not be an overly optimistic interpretation of what's going on.

                          NRA Life Member
                          NRA Basic Rifle Instructor
                          www.unconvictedfelon.com
                          www.facebook.com/blackcoyotesrt

                          I was thinking of his cannon.

                          Comment


                          • #14
                            Originally posted by WARFAB View Post
                            Please let this not be an overly optimistic interpretation of what's going on.
                            It was tough to not get a bit excited reading it. I had to keep reminding myself where it was coming from, and that there'd be at least some implied bias.
                            Old enough to know better, still too young to care

                            Comment


                            • #15
                              Apparently everyone thinks this upcoming SCOTUS case is going to change the ballgame. We've seen so many garbage laws passed in New York it's hard not to be a little skeptical. I want to get my hopes up, but will just cautiously wait and see instead.
                              NRA Life Member
                              NRA Basic Rifle Instructor
                              www.unconvictedfelon.com
                              www.facebook.com/blackcoyotesrt

                              I was thinking of his cannon.

                              Comment

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