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Old January 29, 2013, 07:13 PM   #17
Maxb49
Senior Member
 
Join Date: March 8, 2007
Location: Jamestown, New York
Posts: 256
Quote:
I sure hope they are working together and not stepping on each others toes.
I'd like to clear up a point of misunderstanding.

The NYSRPA's lawsuit has not been filed, they have filed a Notice of Claim, which reserves their right to file a lawsuit within the near future.

Mr. Tresmond's lawsuit is separate and on the docket. The fear that Mr. Tresmond's lawsuit, if unsuccessful, will prevent future challenges is simply not true. While they are not working together, Mr. Tresmond went to great lengths to structure his lawsuit in such a way as to not prevent future challenges to the law if his case is unsuccessful.

The doctrine of collateral estoppel prevents an issue from being re-litigated when it has been decided by the highest court in a jurisdiction. The issues raised in this lawsuit are some of the most unexpected, but perhaps the most devastating attacks on the S.A.F.E. Act that one could come up with. And much of it doesn't involve the Second Amendment (yes, there are issues with this bill that are even more serious than Second Amendment problems).

You will be pleasantly surprised. Some gun rights groups are nervous that a group of attorney's might "steal their thunder", and that's completely understandable, but that's not what Mr. Tresmond is trying to do. He's a hard working civil rights attorney, not an advocacy group, and he's not looking to make money out of this. I hope this puts some of those fears to rest.
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