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Main Forums => Politics => Topic started by: Fjolnirsson on February 27, 2013, 11:51:52 PM

Title: NY ordered by state supreme court to show good cause in gun ban...
Post by: Fjolnirsson on February 27, 2013, 11:51:52 PM
This should be interesting... http://www.wktv.com/news/local/State-Supreme-Court-wants-NYS-to-show-good-cause-that-gun-law-is-constitutional-193664911.html  (http://www.wktv.com/news/local/State-Supreme-Court-wants-NYS-to-show-good-cause-that-gun-law-is-constitutional-193664911.html)
Title: Re: NY ordered by state supreme court to show good cause in gun ban...
Post by: CNYCacher on February 28, 2013, 12:18:52 AM
Wish I knew enough about legal stuff to know if this is a good thing or a bad thing
Title: Re: NY ordered by state supreme court to show good cause in gun ban...
Post by: AmbulanceDriver on February 28, 2013, 12:30:23 AM
From a brief read, it appears to be a good thing....
Title: Re: NY ordered by state supreme court to show good cause in gun ban...
Post by: gunsmith on February 28, 2013, 02:22:22 AM
It looks like we find out for sure by the end of April.
I don't think the law will be found constitutional.
Cuomo is so damn annoying , he thinks he will be president??!! that kind of bullying and fastidious accent may go over well in NYC but the rest of the country will soundly reject him...I think his career is over
Title: Re: NY ordered by state supreme court to show good cause in gun ban...
Post by: RoadKingLarry on February 28, 2013, 04:11:49 AM
I wouldn't put it passed the stupid party to run him.
Title: Re: NY ordered by state supreme court to show good cause in gun ban...
Post by: Fly320s on February 28, 2013, 09:50:39 AM
Cuomo is a Republic? Who knew?!!?

Next, you'll tell me Bloomberg was once a Republican.
Title: Re: NY ordered by state supreme court to show good cause in gun ban...
Post by: Blakenzy on February 28, 2013, 10:09:00 AM
Democrats and Republicans can be equal in their Statist aspirations.
Title: Re: NY ordered by state supreme court to show good cause in gun ban...
Post by: geronimotwo on February 28, 2013, 12:37:07 PM
From a brief read, it appears to be a good thing....

hopefully when they throw out this legislation it will not revert to the old ban.  it would be soooo sweet if cuomo were responsible for inadvertantly lifting the awb.
Title: Re: NY ordered by state supreme court to show good cause in gun ban...
Post by: gunsmith on February 28, 2013, 01:20:37 PM
NY can be weird, I recall seeing "democrat/republican" on ballots, iirc you can run as both.
Title: Re: NY ordered by state supreme court to show good cause in gun ban...
Post by: slingshot on February 28, 2013, 01:26:03 PM
A challenge was likely.  We'll see where this goes.  I suspect the NRA will join support at some point if it has a reasonable chance of winning on the pro-gun side after their attorneys review the case.
Title: Re: NY ordered by state supreme court to show good cause in gun ban...
Post by: geronimotwo on February 28, 2013, 06:19:56 PM
pick the winning case and jump on board.   :laugh:
Title: Re: NY ordered by state supreme court to show good cause in gun ban...
Post by: kgbsquirrel on February 28, 2013, 07:01:18 PM
So, it's not an injunction, but a hearing for an injunction. Why again did the judge decide to wait until a week after this BS law goes into effect to hold the hearing? When you have an unconstitutional law taking away property from people it would seem advisable to impose the injunction before said property has been taken away.
Title: Re: NY ordered by state supreme court to show good cause in gun ban...
Post by: T.O.M. on February 28, 2013, 08:12:16 PM
Key point to remember is that this is a question of the New York state constitution, not the 2A of the U S Constitution.

As for the injunction, there ay have been no option for the judge to issue an injunction before this, dependingon NY law.

Sorry, I'm an Ohio lawyer, and know nothing of NY law.  I'll try researching some and get back with you all.
Title: Re: NY ordered by state supreme court to show good cause in gun ban...
Post by: grampster on February 28, 2013, 08:19:19 PM
NY will just do like the .fedgov with Obamacare.  Put a huge tax on guns and accouterments and it suddenly becomes constitutional.
Title: Re: NY ordered by state supreme court to show good cause in gun ban...
Post by: T.O.M. on February 28, 2013, 09:30:19 PM
Quick review...NY has no Constitutional RKBA, and I see no statutory RKBA either.  Will be interested to see how 2A may be interpreted by a state court regarding a state restriction...
Title: Re: NY ordered by state supreme court to show good cause in gun ban...
Post by: Scout26 on February 28, 2013, 10:18:36 PM
There is MacDonald n which incorporated the 2A against the states (and presumably lesser .govs).  IIRC, that's what the whole Civil Rights thing hinged upon.  The US made the rules and the states couldn't make "tighter" rules.  Like in Montgomery and Little Rock. 
Title: Re: NY ordered by state supreme court to show good cause in gun ban...
Post by: AJ Dual on February 28, 2013, 11:28:27 PM
Here's hoping there's some judges who really hate Cuomo even if they're not particularily pro-gun either.  =D