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Discussion Starter · #21 ·
The first article linked in your post is from 09/01/2022.
COrrect. That is the first lawsuit, let's call it Antonyuk 1. Dismissed basically because Antonyuk said he was going to obey the new law. Now there is a new lawsuit, Antonyuk 2, let's call it. Post #19 explains why Antonyuk 2.0 was not dismissed. The second post I linked by GOA was dated September 21, before the ruling, explaining how and why they were going at it again.
 

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Either way it still did not take as long to get into court as I expected it to,
 

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Discussion Starter · #24 ·
Either way it still did not take as long to get into court as I expected it to,
Well, in fairness, this is not the end of the case. It is a preliminary injunction, and preliminary is just what it sounds like. It is an order of the court that is preliminary and sort of holds things in place while the court case continues.

In this case, it looks like Judge Suddaby has signaled that he is inclined to grant any request by the government to appeal this preliminary ruling to the Second Circuit should they wish to do so.

No decision yet on whether they will. Here is the NY Ag's statement, issued yesterday. Attorney General James' Statement on Decision Regarding New York’s Concealed Carry Gun Laws

EDIT: Now that I have seen the opinion, it is a TRO, not a preliminary injunction, but most of what was said above still applies beyond the terminology, so I am leaving it as is.
 

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In this case, it looks like Judge Suddaby has signaled that he is inclined to grant any request by the government to appeal this preliminary ruling to the Second Circuit should they wish to do so.

No decision yet on whether they will. Here is the NY Ag's statement, issued yesterday. Attorney General James' Statement on Decision Regarding New York’s Concealed Carry Gun Laws
I guess you missed a bit of the AG statement.

Nemo

From AG statement link just above.

“Today's decision comes in the wake of mass shootings and rampant gun violence hurting communities here in New York and across the country. While the decision preserves portions of the law, we believe the entire law must be preserved as enacted. We will appeal this decision.
 
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This is consistent with what I expected to happen. States commit Mass Resistance 2.0 by enacting laws or wanting to re-litigate existing statutes from the beginning to "kick the can down the road", knowing the "preliminary" injunctions almost always went their way and expecting that to continue. Lower courts read the room and know the SC will use the power of injunctions to thwart Resistance. This judge decided to get on board the Bruen train right off the bat.
Time for some popcorn.
 

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Discussion Starter · #28 · (Edited)
Lookie lookie

Notice of Appeal

Motion to Stay the lower court's injunction - worth a read

They claim that the injunction will not preserve the status quo, but will "sow confusion" and "create turmoil" while the case is pending.

knowing the "preliminary" injunctions almost always went their way and expecting that to continue. Lower courts read the room and know the SC will use the power of injunctions to thwart Resistance. This judge decided to get on board the Bruen train right off the bat.
What do you think? Will the 2nd Circuit will undo the injunction as NY is requesting?



The injunction is supposed to take effect today.
 

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Discussion Starter · #29 ·
Exposing eighteen million New Yorkers to a heightened risk of gunfire severely outweighs any prejudice to plaintiffs here from a stay. Five plaintiffs allegedly wish to carry guns into specific sensitive or restricted places, such as the Rosamond Gifford Zoo, the airport for a flight to Tennessee, the church where one plaintiff lives, or Catskills State Park, through which another plaintiff must drive.8 See PI Mem. at 3-5. Yet the district court restrained defendants from enforcing the challenged CCIA provisions on a statewide basis, as applied to anyone— a remedy far beyond what relates to the individual harms alleged.
 

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Discussion Starter · #30 ·
Second, the court’s analogies were flawed—none more so than for barring weapons on mass transit, which the court held to be inconsistent with nineteenth-century laws authorizing carrying pistols when “‘on a journey.’” Order at 37 n.34 (quoting, e.g., 1813 Ky. Acts 100, ch. 89, § 1; 1841 Ala. Acts 148–49, ch. 7, § 4). Old and new regulations may be “relevantly similar” in many ways. Bruen, 142 S. Ct. at 2132-33. Compar- ing hurtling through tunnels in electrically powered cars filled with thousands of people (including schoolchildren and the elderly) to journeying via horse through the countryside is like saying that “a green truck and a green hat are relevantly similar” because both are green. Id. at 2132. “Cases implicating unprecedented societal concerns or dramatic technological changes may require a more nuanced approach” than finding that a subway takes you on a journey. Id.
 

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Discussion Starter · #31 ·
Nor is such a textual reading supportable. The Second Amendment does not “abrogate[] the right of a private property owner . . . to determine for itself whether to allow firearms on its premises and, if so, under what circumstance.” GeorgiaCarry.Org., Inc. v. Georgia, 687 F.3d 1244, 1251 (11th Cir. 2012), abrogated on other grounds by Bruen, 142 S. Ct. 2111. New York’s law merely selects a particular default rule regarding consent. And even if this restriction somehow implicated the Second Amendment, there is a longstanding and significant historical tradition of States forbidding persons from carrying guns onto others’ property without their permission.


I wish they had not changed the name . . .
 

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Discussion Starter · #32 ·
The plaintiffs already filed a brief yesterday opposing NY's request, but I have not yet found a publicly available link to the document.
 

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Exposing eighteen million New Yorkers to a heightened risk of gunfire severely outweighs any prejudice to plaintiffs here from a stay. Five plaintiffs allegedly wish to carry guns into specific sensitive or restricted places, such as the Rosamond Gifford Zoo, the airport for a flight to Tennessee, the church where one plaintiff lives, or Catskills State Park, through which another plaintiff must drive.8 See PI Mem. at 3-5. Yet the district court restrained defendants from enforcing the challenged CCIA provisions on a statewide basis, as applied to anyone— a remedy far beyond what relates to the individual harms alleged.
”Heightened risk of gunfire” is an interesting mountain they set up to climb over.
 

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New York is trying new language now that all their old arguments were invalidated by Bruen. They are giving the appeals courts a new pretense to strike down 2A protected behavior. I would love to see a rebuttal using the 1A argument against "chilling effects" of the law on protected behavior. As for whether the 2nd Circuit will buy into it depends entirely on the judge/panel selected. I am not up on the balance of originalist vs. progressivist judges so I can't calculate the odds. I suspect it will rubber stamp gun control measures albeit with a strong dissent from the Federalist members. The court to watch is the Supreme Court. I almost wish the 2nd Circuit will support the injunction so we can read an epic slapdown from the Supreme Court. It would also "send a message" to the other courts that the SC is tired of having its rulings ignored because "guns are icky".
 
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Apparently, Antonyuk voluntarily took away his own standing, by removing any future potential harm?
I know this was the procedural history of the case and it was refiled with other plantifs. But how is someone supposed to have standing while not wishing to be face planted into concrete by law enforcement when they see you at the grocery after declaring in court your intention to carry regardless of the law? Do you just have to honestly intend to disregard the law in court but then make moment by moment decisions during the day when your case is pending? Is that "perjury"? Very tricky to navigate standing it seems.
 

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Discussion Starter · #36 ·
I almost wish the 2nd Circuit will support the injunction so we can read an epic slapdown from the Supreme Court. It would also "send a message" to the other courts that the SC is tired of having its rulings ignored because "guns are icky".
Just to clarify for readers, you almost wish the 2nd Circuit would stay the injunction, not support it.
 

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Just updated - Judge Eunice Lee (Biden Appointee) on the 2nd Circuit bench issued a Stay against the injunction. Trying to find a full source, but just getting legacy media hits. Judge Lee was a career public defender before getting appointed by Bush to the bench then Biden to the Circuit court. Past hostility to Justice Thomas from when she was a student came up in her 2021 confirmation hearing, but she successfully dodged it. Pretty much quoted the state's brief in her ruling.

All is proceeding as I have foreseen.
 

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Discussion Starter · #39 · (Edited)
Just updated - Judge Eunice Lee (Biden Appointee) on the 2nd Circuit bench issued a Stay against the injunction. Trying to find a full source, but just getting legacy media hits. Judge Lee was a career public defender before getting appointed by Bush to the bench then Biden to the Circuit court. Past hostility to Justice Thomas from when she was a student came up in her 2021 confirmation hearing, but she successfully dodged it. Pretty much quoted the state's brief in her ruling.

All is proceeding as I have foreseen.
It looks like the clerk granted the stay, and only until it is referred to a three judge panel for a decision by the judges.
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Discussion Starter · #40 ·
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