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please do not talk badly about any judges in this thread. this is not one of those threads.
we have a hearing this morning for the case management plan conference. i'll post up the doc once it's entered. it basically controls the rest of the case and sets deadlines for various things. |
And yeah I'll fight my corner, Maybe tonight I'll call ya, After my blood turns into alcohol.
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Originally Posted By Nozzelnut:
Any updates? |
And yeah I'll fight my corner, Maybe tonight I'll call ya, After my blood turns into alcohol.
This is gonna take crackerjack timing, Wang.
Joined:
Apr 2008
Posts:
1017
EE: 100% (3)
NY, USA
A little bit of a teaser. So in the Supreme Court caetano case, the court grappled with 200k stun guns and the concurrence implied 200 k is enough for common use. In this case, we are sitting (so far) at about 1.6 million verifiable units sold..... 
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And yeah I'll fight my corner, Maybe tonight I'll call ya, After my blood turns into alcohol.
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Originally Posted By NoloContendere:
A little bit of a teaser. So in the Supreme Court caetano case, the court grappled with 200k stun guns and the concurrence implied 200 k is enough for common use. In this case, we are sitting (so far) at about 1.6 million verifiable units sold..... |
Drop bombs, not SIGs.
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Originally Posted By NoloContendere: I just won in NJ. NY shouldn't be as difficult. |
Award: 24/365 Most likely to be an appendix.
"Arfcom makes me happy. Arfcom is like a giant, heavily armed, dysfunctional family that smells like cheetos and gun oil." - Undefined
"Arfcom makes me happy. Arfcom is like a giant, heavily armed, dysfunctional family that smells like cheetos and gun oil." - Undefined
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http://www.sdslaw.us/single-post/2018/04/02/New-York-TaserStun-Gun-Case---Plaintiffs-Expert-Reports-Filed
Here is our expert reports in this matter. good stuff. defendant's expert report is due in about 45 days. |
And yeah I'll fight my corner, Maybe tonight I'll call ya, After my blood turns into alcohol.
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Nolo, you're the only glimmer of hope in NY. There is not one person in government that has done >1% of the work you have for our freedoms. If only Trump hired you... could you imagine?
"Hi, I'm here from the government. And I'm here to sue the government." 
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Award: 24/365 Most likely to be an appendix.
"Arfcom makes me happy. Arfcom is like a giant, heavily armed, dysfunctional family that smells like cheetos and gun oil." - Undefined
"Arfcom makes me happy. Arfcom is like a giant, heavily armed, dysfunctional family that smells like cheetos and gun oil." - Undefined
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Originally Posted By Doppleganger871:
Nolo, you're the only glimmer of hope in NY. There is not one person in government that has done >1% of the work you have for our freedoms. If only Trump hired you... could you imagine? "Hi, I'm here from the government. And I'm here to sue the government." |
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Originally Posted By Doppleganger871:
Nolo, you're the only glimmer of hope in NY. There is not one person in government that has done >1% of the work you have for our freedoms. If only Trump hired you... could you imagine? "Hi, I'm here from the government. And I'm here to sue the government." Oh, and we are up to about 3.4 million stun guns lawfully sold in USA. Boom. |
And yeah I'll fight my corner, Maybe tonight I'll call ya, After my blood turns into alcohol.
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I can just hear the arguments now...
"Well, there are millions of high capacity magazines, too, and we banned them here." 
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Award: 24/365 Most likely to be an appendix.
"Arfcom makes me happy. Arfcom is like a giant, heavily armed, dysfunctional family that smells like cheetos and gun oil." - Undefined
"Arfcom makes me happy. Arfcom is like a giant, heavily armed, dysfunctional family that smells like cheetos and gun oil." - Undefined
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Originally Posted By Doppleganger871:
I can just hear the arguments now... "Well, there are millions of high capacity magazines, too, and we banned them here." |
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Originally Posted By ICU:
Local woman was charged w/ possession of a taser this weekend. Why was my question about "who is the Judge in the case?" removed? As a local to Utica, Id like to know how my elected officials lean on the subject...  |
And yeah I'll fight my corner, Maybe tonight I'll call ya, After my blood turns into alcohol.
If you have a Japanese sword from WWII - PM ME!
Joined:
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Posts:
7892
EE: 0% (0)
NY, USA
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Is there any possible way a win in this case could lead to a case arguing that modern semi auto rifles (with evil features) and magazines are in common usage as well, and therefore can't be outright banned per Heller/McDonald/Caetano?
I know...wishful thinking... Thanks Nolo. |
If you have a Japanese sword from WWII - PM ME!
| NY "expert reports" are due by tomorrow. Then we have rebuttal. then i will depose their experts and maybe NY deposes mine. Then we will move to summary judgment. so, hold tight! |
And yeah I'll fight my corner, Maybe tonight I'll call ya, After my blood turns into alcohol.
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Originally Posted By NoloContendere:
NY "expert reports" are due by tomorrow. Then we have rebuttal. then i will depose their experts and maybe NY deposes mine. Then we will move to summary judgment. so, hold tight! |
I dunno how I missed this thread, but I just read the whole thing to catch up. Wow.  I knew NYS .gov was crooked, but damn...
Thank you, Nolo. You give a lot of people hope. 
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I'm very well acquainted with the seven deadly sins
I keep a busy schedule trying to fit them in
- Warren Zevon, Mr. Bad Example, 1991
I keep a busy schedule trying to fit them in
- Warren Zevon, Mr. Bad Example, 1991
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Originally Posted By NoloContendere:
Alan and I will be in Albany the week of the 23rd NYHTF picnic / campout |
Do not comply. Modification IS complying.
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Good man in the news (NOT.. FBI Director Christopher A. Wray), everywhere!
https://www.gunsamerica.com/blog/fbi-bureaucratic-incompetence-nfa/?utm_source=email&utm_medium=20180706_FridayDigest_181&utm_campaign=/blog/fbi-bureaucratic-incompetence-nfa/ Exclusive: How the FBI’s Bureaucratic Incompetence is Denying Citizens Their 2A Rights by JORDAN MICHAELS on JULY 5, 2018 Last month we reported that five individuals had undertaken a suit against the Federal Bureau of Investigation on the grounds that the agency erroneously denied their background check requests and refused to process their appeals. This week three additional individuals added their names to the suit after receiving letters from the Feds claiming that no appeals process exists to contest denied background checks involving NFA items. “It’s not a lawful position. I don’t know what else to say. It’s just not lawful,” Stephen D. Stamboulieh, the attorney for the plaintiffs, told GunsAmerica. “The FBI is denying my appeal remedy, which is in and of itself a violation of my due process rights. You’re telling me I’m on a list, and you’re giving me no way to get off that list.” Stamboulieh says he’s been contacted by over 100 individuals who have been waiting years for the FBI to process their background check appeals for Title I firearms (pistols, long guns, etc.). But some of these individuals, like plaintiff Kevin Franscisco Borquez, tried to purchase NFA Class III items (suppressors, short-barreled rifles, etc), and received a letter from the Feds stating that they have no way to appeal their erroneous background check. Borquez was convicted of a felony in California more than a decade ago. In 2010 he requested that his felony charge be reduced to a misdemeanor, and he received a letter from the state reinstating his Second Amendment rights. But when he moved to Wyoming and tried to purchase NFA Class III items, the FBI denied his background check request. Borquez attempted to appeal these denials but was advised by the FBI that NICS “does not process appeal requests for the NFA background checks.” The problem is that, according to Stamboulieh and contrary to what the FBI implies, there isn’t a separate background check process for Title I and Class III items. The ATF approves the transfer of NFA items, but they use the FBI NICS database to do background on prospective owners. Stamboulieh knows this because even NFA items receive a NICS Transaction Number (NTN). “It’s exactly the same thing,” Stamboulieh pointed out, referring to the background check process for Title I and Class III items. “Why are you giving me an NTN for both if they’re different?” Stamboulieh argues that because the FBI does the same NICS check for both Title I firearms and NFA items, the same appeals process should be available for both item classes. He’s still waiting for clarification from the Feds, but on the surface, their position is untenable. “The FBI has taken this absurd position that, ‘We’re not going to process this appeal because it’s not for a Title I firearm,’” he explained. “They say that for the NFA, it’s completely different. You don’t have a right to appeal it, so you’re basically SOL. And I think that’s just wrong.” Individuals who are denied a Class III purchase based on a faulty background check have few options to restore their Second Amendment rights. Stamboulieh says he knows one man who contacted his gun-friendly Congressman, and his purchase was approved in a matter of days. But for the majority of gun owners, legal action remains their only recourse. Stamboulieh says he can usually get the FBI to change their decision, but it will cost between $4,000 and $10,000. If you’re wondering why gun-rights organizations haven’t stepped in, Stamboulieh says the answer is simple: there’s no money in it. “The way that 18 USC 925A is written, it only provides attorney’s fees if you’re the prevailing party,” he said. “So, what the government does is, as soon as they get one of these complaints, they voluntarily change their position, and they clear your guy. That automatically gets [the Feds] out of paying for attorney’s fees.” Stamboulieh has developed legislation that would give the FBI 30-60 days to process an appeal, but the Congressman who requested the law has yet to introduce it. In the meantime, Stamboulieh expects to hear from more gun owners who have had their Constitutional rights stripped due to bureaucratic incompetence. “I don’t even know what to say to that that’s not profane,” he said. |
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https://www.ammoland.com/2018/07/state-response-to-foia-lawsuit-questions-atf-arms-export-criminality/#axzz5KTWcD5ve
I’m everywhere. |
And yeah I'll fight my corner, Maybe tonight I'll call ya, After my blood turns into alcohol.
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Originally Posted By NoloContendere:
https://www.ammoland.com/2018/07/state-response-to-foia-lawsuit-questions-atf-arms-export-criminality/#axzz5KTWcD5ve I’m everywhere. |
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Originally Posted By Shqype:
I hope you'll be closer to the southern part of the state some day soon, Nolo. Keep up the good work! |
And yeah I'll fight my corner, Maybe tonight I'll call ya, After my blood turns into alcohol.
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Originally Posted By 41magluva:
Make it up a few days earlier. A bunch of us are camping and having a picnic in central NY. NYHTF picnic / campout Originally Posted By 41magluva:
Originally Posted By NoloContendere:
Alan and I will be in Albany the week of the 23rd NYHTF picnic / campout |
Award: 24/365 Most likely to be an appendix.
"Arfcom makes me happy. Arfcom is like a giant, heavily armed, dysfunctional family that smells like cheetos and gun oil." - Undefined
"Arfcom makes me happy. Arfcom is like a giant, heavily armed, dysfunctional family that smells like cheetos and gun oil." - Undefined
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Originally Posted By NoloContendere: One day. We are looking at other cases to file. |
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Originally Posted By batjka104: Nolo, have you thought about suing NYS for Not allowing suppressors? Hearing loss is a real thing and I am sure there is a plaintiff out there who suffered hearing loss shooting unsupressed. Just asking... |
And yeah I'll fight my corner, Maybe tonight I'll call ya, After my blood turns into alcohol.
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Originally Posted By evangrems:
Will the Defense Distributed case change anything in this case? The government filing admitted that semi-automatic weapons under .50 cal are not "military weapons". |
And yeah I'll fight my corner, Maybe tonight I'll call ya, After my blood turns into alcohol.
If you have a Japanese sword from WWII - PM ME!
Joined:
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Posts:
8351
EE: 0% (0)
USA
You're gonna lose...you're gonna lose.
But seriously...good luck. Winning in a NY court is arguably harder than winning a SCOTUS case...even if you have SCOTUS precedent. NY judges don't give a flying fuck. Look at Skretny and the 2nd circus...complete morons and liberal activists. Dangerous combo. |
If you have a Japanese sword from WWII - PM ME!