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NY SAFE injunction...

guntech59guntech59 Member Posts: 23,188 ✭✭✭
...hearing pushed back to the 13th now.

I hate waiting.

Comments

  • guntech59guntech59 Member Posts: 23,188 ✭✭✭
    edited November -1
    The latest that I can find.

    If any of you NY members know more....please share.

    http://www.ammoland.com/2013/05/nysrpa-ny-safe-act-law-suit-update/

    New York --(Ammoland.com)- New York State Rifle & Pistol Association has filed both a Complaint and an Amended Complaint in the USDC for the Western District of New York.

    Our Amended Complaint claims that the SAFE Act is unconstitutional in that it violates the Second Amendment, the Equal Protection Clause, and is unconstitutionally vague.

    Subsequent to the filing of our Amended Complaint, we filed a Motion for Preliminary Injunction asking the Court to Order all defendants to cease the enforcement and prosecution of the SAFE Act.

    The Court has not yet decided our request.

    After a hearing to establish a briefing schedule, Judge William Skretny issued a Scheduling Order. Under the Order, the following deadlines were set: the time for all defendants to file an Answer to the Amended Complaint was stayed until June 7 2013.

    All defendants have until June 7 2013 to respond to our motion for preliminary injunction or cross-move for dispositive relief;

    The plaintiffs have until July 8 2013 to oppose any cross-motion by the defense and/or reply to any opposition to the motion for PI; and the defendants' time to reply to any opposition filed by the plaintiffs was not decided, but will be addressed by the Court at a later date.

    The Court set August 23rd 2013 as the next date for the parties to return to court, characterizing this date as a "status conference/hearing date, with emphasis for now on status conference."

    To date we have spent $164,000 on the suit and have received an additional $80,000 from the NRA Civil Rights Defense Fund.
  • nards444nards444 Member Posts: 3,994 ✭✭
    edited November -1
    nothing new as far as I know. Only thing is you have 10rd mags but only fill them with 7.


    This crap is hopeless. I think all we can hope for is 10rd mags with 10 rds at this point. I dont see the AW data base going away, they may lift the ban on all new AW but doubt it.

    That is why I am wating till the day before to register my stuff next year, to see what happens with this.
  • guntech59guntech59 Member Posts: 23,188 ✭✭✭
    edited November -1
    quote:Originally posted by nards444
    nothing new as far as I know. Only thing is you have 10rd mags but only fill them with 7.


    This crap is hopeless. I think all we can hope for is 10rd mags with 10 rds at this point. I dont see the AW data base going away, they may lift the ban on all new AW but doubt it.

    That is why I am wating till the day before to register my stuff next year, to see what happens with this.


    We shall see.

    Tempers and rhetoric are heating up all over.

    There is a gathering/rally at the fairgrounds in Lowville on 15 Jun.
  • nards444nards444 Member Posts: 3,994 ✭✭
    edited November -1
    Yeah I hope something happens, I just dont have confidence. I think theres a 70% chance while Cuomo is in office nothing changes, hes going to see this through. I do think there is a small 30% chance we see things change after he sees how far he can go and get what he can get. But I still dont see it going back to what it was.

    Sad thing is all of this including rest of the crap has ruined his chance for president, so he might think whats he have to loose and will try to leave his name on it. But then again he has his governership at stake next year, which I potentiall see come right before April 14th next year, him repealing some of the stuff.
  • guntech59guntech59 Member Posts: 23,188 ✭✭✭
    edited November -1
    Hay nards....did you see where the Columbia County DA refused to prosecute the "9 rounds in a magazine" guy.

    See, there is hope![8D]
  • nards444nards444 Member Posts: 3,994 ✭✭
    edited November -1
    quote:Originally posted by guntech59
    Hay nards....did you see where the Columbia County DA refused to prosecute the "9 rounds in a magazine" guy.

    See, there is hope![8D]


    no did not say that, that is good news. Kind of wonder how Jefferson county is going to approach this.
  • Doug the MugDoug the Mug Member Posts: 13 ✭✭
    edited November -1
    I see on the latest news that this last Friday the New York State Senate has passed an amendment to the NY SAFE Act now exempting RETIRED Law Enforcement from the part of the law limiting magazine capacity. My understanding is that they are still required to register any assault weapon they may own. Governor Cuomo is expected to sign this modification into law. Even though it passed, there was outrage from a significant number of the state senators in attendance, who want the whole law totally repealed, rather than make patch work changes here and there. I also picked up further info on the net that the governor summoned the heads of the various NY State Sheriffs Association to a meeting, presumably to talk about modifying this law, and in actuality when they arrived the governors purpose actually that he was (asking?) the sheriffs departments to stop publicly voicing their disapproval with the SAFE Act. Does the governor actually "ASK" anything, or would the proper word here be "TELL" ?
  • rkba4everrkba4ever Member Posts: 815 ✭✭✭✭
    edited November -1
    Got this from a friend, don't know the original source so take it for what it's worth........

    ....safe act info ....." I apologize for not really answering your question. Here is my unequivocal answer: I am 100 percent confident that the following aspects of the Safe Act will be struck as a result of the Tresmond and NYSRPA lawsuits:

    1) Registration of all long guns will be struck;
    2) The restriction of features on semi-automatic rifles will be struck, as well as any attempt to classify standard semi-automatic weapons as "assault weapons" (this means that New Yorkers will be able to buy rifles without feature restrictions of any kind except the grenade launcher which I do not expect the SCOTUS to rule civilians may have);
    3) magazine limitations preventing use of standard capacity magazines will be struck. They may uphold bans on non-standard magazines like 100 round drums, but that would be because they are not in common use;
    4) ammunition sales and reporting restrictions, and the registry itself, will be struck;
    5) limitations on interstate commerce will be struck;
    6) Changes will be made to the mental health reporting prospects based on the abuses already uncovered.

    The cases continue to move forward. The judge has instructed the parties to discuss settlement of certain issues but I cannot say more than that. The gun rights side of these cases is not on the hot seat and has not received any skepticism or disdain from either judge hearing these cases. These are serious and legitimate cases about fundamental rights. The judges fully understand that.

    I know more than this but cannot say more. I have an inkling that certain aspects of the law tha are of greatest concern to many of you may even be dropped by the state and not litigated. I give you all my word these cases are stronger than any constitutional law case of the recent era. We cannot lose. We will not lose. "
  • nyforesternyforester Member Posts: 2,575 ✭✭✭
    edited November -1
    I hope you are correct. I am very involved myself and feel something will go our way..........

    Keep the faith !
    Abort Cuomo
  • 4205raymond4205raymond Member Posts: 3,316 ✭✭✭✭
    edited November -1
    Very involved also, signed on as a plaintiff against NY Safe Act of 2013 and donating more money than I really can afford to Legal Defense Funds. There is a bill in Assembly and Senate to repeal the NYSA of 2013.My state senator, Bill Larkin, along with 17 others voted against the Safe Act as did my Assemblywoman Annie Rabbit.Senator Bill Larkin insist the courts are the only way to achieve sucess. I am not so sure about this, if we keep up the pressure. I know it is human nature to refuse to admit you made a stupid mistake(Safe Act)but I just don't understand why someone dosen't bring these bills up on the floor,especially the 17 who voted against this Act.I know of no way to get through to these legislators,especially these 17 without getting in their face one on one and being obnoxious.This seems counter productive.Are they really that afraid of King Cuomo and his cronies? Please, any ideas out there. HELP!
  • nyforesternyforester Member Posts: 2,575 ✭✭✭
    edited November -1
    I am also a plaintiff on a suit against the SAFE-ACT. I think we as "New Yorkers" are not doing enough and not being vocal enough. We are all waiting for someone else to stand up and start it....

    I am afraid that time is ticking and time will run out. Then the Jack Boots will have their way with us.

    We need to organize more rallies. We need to speak loud and clear with all of out legislators and tell them that we will not stand for this Tyranny.

    I too have donated money. I have been to 3 rallies in Albany. I attend as many meetings as I can without loosing my job.

    We would be further along if every person in Upstate NY took this as serious as NASCAR, scratch off lottery tickets and Cigarettes !

    Just imagine if they regulated NASCAR !

    Ask yourself........what will you do when they come for your guns ?
    Abort Cuomo
  • Saleenfan28Saleenfan28 Member Posts: 10 ✭✭
    edited November -1
    Yes the Liberals are hoping we will just forget about it and walk away. I've donated to the NRA above the normal membership. Also I try and find updates on the lawsuit filed in Buffalo.

    We need to get the CSEA involved the Thruway Authority. Have them go out on strike. Something to really gather attention. Just like Cuomo did to get elected. I'm Constantly searching for definite candidates seeking the Governors Office in 2014. Can't get here soon enough!!!
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