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Posted: 4/8/2024 9:18:30 AM EDT
[Last Edit: LamePostCount]
The docket list for this NY SAFE Act case is posted below.  Does anyone know what the next steps are?  

https://www.courtlistener.com/docket/66692907/lane-v-james/https://www.courtlistener.com/docket/66692907/lane-v-james/
Link Posted: 4/8/2024 9:45:45 AM EDT
[Last Edit: DaveM4P99] [#1]
It's a well thought out and fairly simple argument from our side. Post Bruen, there should be no doubt.

But this is NY.

I am also interested in a timeline if there is one. This case was filed December 2022 after Bruen...one would hope a decision is soon? But I have no idea where it's even at.

Looks like we are asking for a summary judgement? So it has to be close?
Link Posted: 4/8/2024 10:15:51 AM EDT
[#2]
At this point one has to wonder what SCOTUS might do. On April 4th, Sotomayer rejected lifting the stay on New York's "Good Moral Character" requirement. It was struck in Antonyuk and then that decision stayed by the 2nd. Sotomayer has left the stay in place. It was also mentioned she did not pass it around to the other Justices for comment.

I have ZERO expectation any 2nd Amendment case will find for the plaintiffs in any New York based court be it state or federal.
Link Posted: 4/8/2024 11:36:02 AM EDT
[#3]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By DaveM4P99:
It's a well thought out and fairly simple argument from our side. Post Bruen, there should be no doubt.

But this is NY.

I am also interested in a timeline if there is one. This case was filed December 2022 after Bruen...one would hope a decision is soon? But I have no idea where it's even at.

Looks like we are asking for a summary judgement? So it has to be close?
View Quote



I did a double take at that date and had to double check.  Yep.  Bruen was June of 2022.  Nearly 1 year and 10 months ago.
Link Posted: 4/8/2024 12:11:16 PM EDT
[#4]
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Originally Posted By BenC:



I did a double take at that date and had to double check.  Yep.  Bruen was June of 2022.  Nearly 1 year and 10 months ago.
View Quote


Which is really not a long time ago in terms of court decisions.

It took like a decade for Heller / McDonald to actually have any impact on DC.

But we all know NY laws are unconstitutional. Even without a court decision.
Link Posted: 4/15/2024 3:02:47 PM EDT
[Last Edit: DaveM4P99] [#5]
So hoping this Bush appointed republican judge rules in our favor...how fast will the 2nd circus place a stay on the ruling?

We need scotus to rule on one of the 3 or so AWB / mag cases they already have. Then NYs laws are toast.
Link Posted: 5/9/2024 2:11:05 PM EDT
[Last Edit: DaveM4P99] [#6]
Lol...not really sure what this means, but the judge isn't putting up with NY's shenanigans...and in an AWB case, this has to be at least a little promising that the judge is seeing through NYs bullshit?

ORDER denying 74 Letter Motion for Leave to File Excess Pages. Denied. The Court is at a loss to understand how the arguments in opposition to Plaintiffs' Summary Judgment Motion differ in kind from the arguments in favor of Defendants' putative Summary Judgment Motion. Accordingly, a single 25-page brief from each Defendant should suffice for both, especially because each Defendant will be submitting a reply brief in support of the Defense Motion. If Defendants feel otherwise, they can explain in a more detailed letter.So Ordered. (Signed by Judge Kenneth M. Karas on 5/6/24) (yv) (Entered: 05/07/2024)
View Quote



One could hope that the Antonyuk CCIA case in front of Thomas now lays another smack down on NY...and then this judge can rule correctly for us with this AWB case...and the appeal to the 2nd circus would be useless due to the CCIA case scotus opinion.

One can dream.
Link Posted: 5/13/2024 10:30:22 PM EDT
[Last Edit: DaveM4P99] [#7]
Looks like today NY is still begging for more pages, because Bruen and those meanies in scotus are forcing them to do a historical analysis of the laws in question.

Guess they need more pages to bullshit as much as possible, because they know they are wrong.

According to the letter, NY wants to use history to somehow prove AWs aren't covered by the 2nd amendment, and are also not suitable for self defense...even though ARs are used by police and civilians alike...for...self defense. Good luck there.

My guess is we win this case bigly...but the 2nd stays it immediately...and we go back to SCOTUS.

Or SCOTUS stomps NY in the Antonyuk case and leaves the 2nd with no option but to kill the AWB, safe act etc. Less likely but a dream...
Link Posted: 5/19/2024 10:31:11 AM EDT
[Last Edit: LamePostCount] [#8]
May 15th saw a shitload of arguments for Summary Judgment to throw this case out and keep the safe act in place.  NYSP are especcial hot to infringe upon your rights.  #backtheblue

All of the arguments fly in the face of Heller and Bruen methodology.


https://www.courtlistener.com/docket/66692907/lane-v-james/
Link Posted: 5/19/2024 11:37:22 AM EDT
[Last Edit: DaveM4P99] [#9]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By LamePostCount:
May 15th saw a shitload of arguments for Summary Judgment to throw this case out and keep the safe act in place.  NYSP are especcial hot to infringe upon your rights.  #backtheblue

All of the arguments fly in the face of Heller and Bruen methodology.


https://www.courtlistener.com/docket/66692907/lane-v-james/
View Quote


Fuck them all.

Who are all these idiots?

All of them seem to be based on "mass shooting" statistics.

Like that matters post Bruen. Not even part of the discussion if you even read Bruen. Which I'm sure they did and ignored.
Link Posted: 5/19/2024 1:43:55 PM EDT
[Last Edit: crwdplsr] [#10]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By DaveM4P99:


Fuck them all.

Who are all these idiots?

All of them seem to be based on "mass shooting" statistics.

Like that matters post Bruen. Not even part of the discussion if you even read Bruen. Which I'm sure they did and ignored.
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By DaveM4P99:
Originally Posted By LamePostCount:
May 15th saw a shitload of arguments for Summary Judgment to throw this case out and keep the safe act in place.  NYSP are especcial hot to infringe upon your rights.  #backtheblue

All of the arguments fly in the face of Heller and Bruen methodology.


https://www.courtlistener.com/docket/66692907/lane-v-james/


Fuck them all.

Who are all these idiots?

All of them seem to be based on "mass shooting" statistics.

Like that matters post Bruen. Not even part of the discussion if you even read Bruen. Which I'm sure they did and ignored.


Almost all the ERPO hearings I’ve seen in county supreme court have been filed by the NYSP and the NY AGs office…..it’s constant.  The few filed by the County seemed to be only for people that actually threatened someone with a weapon and physical harm or actually did physically harm someone.

I heard the NYSP actually have a task force set up to throw ERPOs at everyone

Fortunately the Judge denies the vast majority of ERPOs unless there is actually positive proof ….and still doesn’t hand one out without a several hearings.  In fact I haven’t seen guns taken away unless the proof is overwhelming and often they let a relative hold onto the guns until the ERPO expires.


There are enough indoctrinated socialists in the NYSP…..many are true believers in stepping on the constitution
Link Posted: 5/19/2024 7:02:39 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By LamePostCount:
May 15th saw a shitload of arguments for Summary Judgment to throw this case out and keep the safe act in place.  NYSP are especcial hot to infringe upon your rights.  #backtheblue

All of the arguments fly in the face of Heller and Bruen methodology.


https://www.courtlistener.com/docket/66692907/lane-v-james/
View Quote


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