SAFE act legal challenge updates

[thughes]

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

[Pissed Off Patriot]

Here's hoping something happens.

We've got to catch a break eventually.

[camper4lyfe]

I hope things go well, but definitely not something I'm going to hold my breath on.

[big flash]

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.

[WARFAB]

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.

[thughes]

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

[camper4lyfe]

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.

[camper4lyfe]

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.

[Norm DeGuerre]

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

[thughes]

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

[camper4lyfe]

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?

[camper4lyfe]

[WARFAB]

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

[camper4lyfe]

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.

[WARFAB]

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.