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Attorney sues NY State over gun law
Spider7115
Member Posts: 29,704 ✭✭✭
I joined the class action suit. I hope Mr. Tresmond is successful for the good of all New Yorkers.
BUFFALO, N.Y. (WKTV) - Tuesday, 1/29/13, marks the first official step in a Buffalo attorney's legal challenge to the NY Safe Act.
Thousands have contacted attorney James Tresmond to express concern, even outrage, at New York's new, strict gun laws, but it only took two names to get the case before a State Supreme Court Justice in Buffalo.
Tresmond says plaintiffs Richard Dywinski and David Lefkowitz are hard-working, upstanding Erie County men who have never been convicted of a crime, but who would face possible prosecution under the state's new gun control law if they don't surrender their property or sell it out of state. It is their names which appear on the order to show cause Tresmond is filing Tuesday in State Supreme Court in Buffalo.
If the judge signs the show cause order, there would be a return date in court within 20 days. If the judge doesn't sign the order, Tresmond says he'll file a notice of petition. Tresmond's goal is to eventually present his constitutional challenge to NY Safe Act as a class action lawsuit. He says he's been contacted by thousands of willing parties throughout the state.
It may be known later on Tuesday whether or not the judge signs the show cause order.
BUFFALO, N.Y. (WKTV) - Tuesday, 1/29/13, marks the first official step in a Buffalo attorney's legal challenge to the NY Safe Act.
Thousands have contacted attorney James Tresmond to express concern, even outrage, at New York's new, strict gun laws, but it only took two names to get the case before a State Supreme Court Justice in Buffalo.
Tresmond says plaintiffs Richard Dywinski and David Lefkowitz are hard-working, upstanding Erie County men who have never been convicted of a crime, but who would face possible prosecution under the state's new gun control law if they don't surrender their property or sell it out of state. It is their names which appear on the order to show cause Tresmond is filing Tuesday in State Supreme Court in Buffalo.
If the judge signs the show cause order, there would be a return date in court within 20 days. If the judge doesn't sign the order, Tresmond says he'll file a notice of petition. Tresmond's goal is to eventually present his constitutional challenge to NY Safe Act as a class action lawsuit. He says he's been contacted by thousands of willing parties throughout the state.
It may be known later on Tuesday whether or not the judge signs the show cause order.
Comments
Why surrender or sell? I thought it allows for registration and grandfathering?
Registration, sell out of state or surrender. No grandfathering. [:(!]
But, think about it, you New Yorkers elect these politicians. The majority of voters are for this. You should really think about moving.
You are an idiot. All gun owners are in this together. If you think you are not influenced by this whole thing you are totally ignorant.
Wake up and get your head out of your stink hole ![:(!]
quote:Originally posted by nutfinn
But, think about it, you New Yorkers elect these politicians. The majority of voters are for this. You should really think about moving.
You are an idiot. All gun owners are in this together. If you think you are not influenced by this whole thing you are totally ignorant.
Wake up and get your head out of your stink hole ![:(!]
Thats really going to get people on your side.
quote:Originally posted by nutfinn
But, think about it, you New Yorkers elect these politicians. The majority of voters are for this. You should really think about moving.
You are an idiot. All gun owners are in this together. If you think you are not influenced by this whole thing you are totally ignorant.
Wake up and get your head out of your stink hole ![:(!]
Forester is right, although he probably should have been more careful with his words......we have to stand united and put an end to this craziness. This is the first step. Next comes confiscation. And not just from New Yorkers!
quote:Originally posted by nyforester
quote:Originally posted by nutfinn
But, think about it, you New Yorkers elect these politicians. The majority of voters are for this. You should really think about moving.
You are an idiot. All gun owners are in this together. If you think you are not influenced by this whole thing you are totally ignorant.
Wake up and get your head out of your stink hole ![:(!]
Thats really going to get people on your side.
Works for me! nutfinn seems to take joy in other folks misery.
Thanks, Spider. I'll be in Albany on the 28th.
I do not live in NY or Cal. But if you people vote for these Libs. you get Lib LAWS. Vote them out. Seems to me you all sit around and cry about dumb laws and then Vote them back in. You all deserve what you vote for.
Up to the point where the laws passed violate the constitution.
I do not live in NY or Cal. But if you people vote for these Libs. you get Lib LAWS. Vote them out. Seems to me you all sit around and cry about dumb laws and then Vote them back in. You all deserve what you vote for.
I didnt vote for obama, do I deserve it?
And I know obama has nothing to do with this it's just the tome of YOU DESERVE IT that strikes me funny.
I do not live in NY or Cal. But if you people vote for these Libs. you get Lib LAWS. Vote them out. Seems to me you all sit around and cry about dumb laws and then Vote them back in. You all deserve what you vote for.
What you lack to understand either from stupidity or from just being non-educated is that our up-state NY vote is heavily overrode from the down state liberal population that loves Government handouts.
I do not live in NY or Cal. But if you people vote for these Libs. you get Lib LAWS. Vote them out. Seems to me you all sit around and cry about dumb laws and then Vote them back in. You all deserve what you vote for.
I am happy that you are from a free state....really. What you fail to understand is that we are outnumbered by the city folks.
Do you REALLY think that normal folks would elect Schumer over and over? Or Hillary? Or Cuomo?
The good Californians know exactly what I mean.
quote:Originally posted by Da-Tank
I do not live in NY or Cal. But if you people vote for these Libs. you get Lib LAWS. Vote them out. Seems to me you all sit around and cry about dumb laws and then Vote them back in. You all deserve what you vote for.
What you lack to understand either from stupidity or from just being non-educated is that our up-state NY vote is heavily overrode from the down state liberal population that loves Government handouts.
majority rules [:)] sorry you live in a state of so many idiots [:I]
majority rules [:)] sorry you live in a state of so many idiots [:I]
Takes one to know one, eh. ??
[:o)]
quote:Originally posted by Waco Waltz
Why surrender or sell? I thought it allows for registration and grandfathering?
Registration, sell out of state or surrender. No grandfathering. [:(!]
not true there is grandfathering, but you must register the ones you have. If you mean grandfathering as in what you have you dont have to register then you would be right.
Sucks I live here too.
For all who didnt know the new law basically entails the following. Take in mind NY already had pretty much the 1994 AWB. Basically you couldnt have "assault weapons" but you could have an ar ak etc. but you couldnt have more than 2 defining features, so really you were stuck with just a pistol grip, no bay lug, no flash hider. Also 30rd mags were forbidden since 1994. ALl in all you could really have just about anything.
The new laws takes and says anything with one defining feature such as pistol grip, flash hider etc. So really anything from here out is illegal unless you can get a california type stock
Weapons that were held previously that were compliant with the orignal ban you have one year two do one of three things, turn in, register like you would pistol, or sell out of state. Weapons can be transferred to wife, son, daughter,etc. Personally I think this is more or less an attempt to flush weapons out that are already illegal and to just get rid of weapons.
10 round mags are now illegal no grand father no nothing. 7 round is the standard. I have heard if you currently a 10 round you can have it but only load with 7. Even with you will not be able to buy a pre ban 10 round.
Ammo can no longer be bought online, and ammo is going to require a background check.
Thats the most of it for weapons type stuff the rest is stricter penalties, the mental health thing, and no more pvt transfers of long guns well at least without a background check. But still seems dumb to me because most long guns wont be registered still
quote:Originally posted by guntech59
quote:Originally posted by Da-Tank
I do not live in NY or Cal. But if you people vote for these Libs. you get Lib LAWS. Vote them out. Seems to me you all sit around and cry about dumb laws and then Vote them back in. You all deserve what you vote for.
I am happy that you are from a free state....really. What you fail to understand is that we are outnumbered by the city folks.
That is very true. Just look at the last presidential election. the hussein won in states that are urbanized and lost in rural states.
Unfortuantely the things we do in NY and things that happen in California have a tendacy to migrate to the rest of the country
quote:Originally posted by nutfinn
majority rules [:)] sorry you live in a state of so many idiots [:I]
Takes one to know one, eh. ??
[:o)]
looks who is talking [:I]
quote:Originally posted by Da-Tank
I do not live in NY or Cal. But if you people vote for these Libs. you get Lib LAWS. Vote them out. Seems to me you all sit around and cry about dumb laws and then Vote them back in. You all deserve what you vote for.
Up to the point where the laws passed violate the constitution.
Exactly. We are supposed to live in a Republic where the unalienable rights of individuals are protected from the destructive power of the ignorant masses.
http://www.nysrpa.org/files/SAFENoticeOfClaim.pdf
Lets face it Rohm is nobamas boy and he will do what his master wants, Quinn the dimwitt will do what ever Rohm says.
So if the votes are cast somewhat equally via percentage pf population...
I'd say that NYS had an equal chance of voting the knucklehead politicians out...
But in that it did not happen that way...
I must assume that the majority of NYS whether it be in NYC or not voted for these knuckleheads...
So the problem started in NYS period... I don't claim that the problem only exists in NYS...
And I agree that the problem started there recently will eventually trickle down to Gun Friendly States...
In that we too have knucklehead politicians in office.
But I do take offense to being called stupid or otherwise. It is NOT the way to Gain Friends and Influence people who would otherwise be capable of extending a helping hand.
I suggest you check the attitude... And understand that WE ARE ALL GUN OWNERS... And fully understand your plight.
And you should also understand that your problem was brought upon by the fact that the knuckleheads elected into office were elected by ALL of NY State... NOT just NY City.
Get a grip...
I do not live in NY or Cal. But if you people vote for these Libs. you get Lib LAWS. Vote them out. Seems to me you all sit around and cry about dumb laws and then Vote them back in. You all deserve what you vote for.
You guys keep saying "you" like us here are the ones that voted for these flaming butt-wipes. I'm here to tell you WE DIDN'T VOTE FOR THESE PEOPLE!! The ones WE voted for, voted against the phallus being rammed up our posteriors (without proper lubrication or kisses either) here in NY. Upstate (where the guns are) gets outvoted 99 time out of 100 by the liberal base that exists in the urban areas. So please stop acting as if those NY folks on this board voted for theses azzclowns in Albany!!!! NYC is not the only urban area, and if you look at the map o a county by county basis, you see the popultion hubs upstate like Buffalo, Syracuse, Rochester, Albany etc their counties went blue, but the majority of the rest went red. By square miles, red wins but there are less people there thus we get stuck with turd burgalars like Cuomo and McCarthy. [xx(]
Those of you that think you live in free states need to realize you have a communist-liberal president. You have a communist-liberal Congress. Did you get what you voted for? -You will suffer the consequences of the policies they set, even if your state lawmakers fundamentally agree with you.
John Kerry is your new Secretary of State- Just who voted for that?
You live in a state of libs and even if you fail to face the truth it will not change, until enough people wake up.
Roughly half of the population in NYS lives in NYC...
So if the votes are cast somewhat equally via percentage pf population...
I'd say that NYS had an equal chance of voting the knucklehead politicians out...
But in that it did not happen that way...
I must assume that the majority of NYS whether it be in NYC or not voted for these knuckleheads...
So the problem started in NYS period... I don't claim that the problem only exists in NYS...
And I agree that the problem started there recently will eventually trickle down to Gun Friendly States...
In that we too have knucklehead politicians in office.
But I do take offense to being called stupid or otherwise. It is NOT the way to Gain Friends and Influence people who would otherwise be capable of extending a helping hand.
I suggest you check the attitude... And understand that WE ARE ALL GUN OWNERS... And fully understand your plight.
And you should also understand that your problem was brought upon by the fact that the knuckleheads elected into office were elected by ALL of NY State... NOT just NY City.
Get a grip...
I have long pondered why the several states are not constitutional republics like the federal government is [supposed to be] in the USA.
And fiery auto crashes
Some will die in hot pursuit
While sifting through my ashes
Some will fall in love with life
And drink it from a fountain
That is pouring like an avalanche
Coming down the mountain
However, several who you would have expected not to have voted in favor of the law did in fact vote for it. They were bought off so that all the Libs in NYC, Albany, Syracuse, Rochester & Buffalo out numbered the rural representatives who didn't support it.
The ones who were bought off are now being targeted for replacement as soon as their terms expire, some are even being considered for recall. This all takes time, and the law will be in effect before any repercussions will be seen at the ballot box.
Therefore the law suit is much needed. Any support in State or out would be greatly appreciated.
Looking down ones nose & poking fun at those who live in NY State, because of our plight only shows a serious character flaw in someone who claims to support the 2nd Amendment.
The boat has sprung a serious leak, either grab a bucket & start bailing, or stand on the shore & watch it sink![;)]
Trinity +++
Capt. Jack Sparrow.
Any idea how long proceedings will take ?
I read there's a court date for an injunction scheduled on February 21st. That would stop the law from taking effect until its Constitutionality is heard in Supreme Court.
Those fools in NYC vote these idiots in...not the good guys up north.
+1000, don't worry you Non-NYS residents who bother to vote in the good and keep out the bad, the same thing is coming to your state sooner or later...
Roughly half of the population in NYS lives in NYC...
So if the votes are cast somewhat equally via percentage pf population...
I'd say that NYS had an equal chance of voting the knucklehead politicians out...
But in that it did not happen that way...
I must assume that the majority of NYS whether it be in NYC or not voted for these knuckleheads...
So the problem started in NYS period... I don't claim that the problem only exists in NYS...
And I agree that the problem started there recently will eventually trickle down to Gun Friendly States...
In that we too have knucklehead politicians in office.
But I do take offense to being called stupid or otherwise. It is NOT the way to Gain Friends and Influence people who would otherwise be capable of extending a helping hand.
I suggest you check the attitude... And understand that WE ARE ALL GUN OWNERS... And fully understand your plight.
And you should also understand that your problem was brought upon by the fact that the knuckleheads elected into office were elected by ALL of NY State... NOT just NY City.
Get a grip...
Robert, you forgot to include Albany, Syracuse, Rochester, Buffalo.......See, we are outnumbered.
I fail to see how a lib in ny city voted for your district rep. The state reps and district state senators work like the big gov. Your lie that the big city rules the state make no since.
You live in a state of libs and even if you fail to face the truth it will not change, until enough people wake up.
We are outnumbered by the entitlement monkeys, some of us have to wait for retirement or the death of older family before we can leave.
There is more than one city in NYS and they are all full of welfare monkeys.