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Old March 3, 2013, 01:56 PM   #1
maestro pistolero
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Another order to show cause in New York?

Is this another case, anybody know what's going on here?

http://www.usatoday.com/story/news/n...wsuit/1957931/
Quote:
State Supreme Court Judge Gerald Connolly signed an order Friday directing Gov. Andrew Cuomo and legislative leaders to "show cause" in court March 11 that the law should not be enjoined.
As I recall the case with the April deadline was Judge Deborah Chimes.
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Old March 3, 2013, 02:05 PM   #2
Al Norris
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Yes, this is seperate case, not in any way related to what James Tresmond is doing or what the NRA/NYSRPA may do.

As I don't have the case citations, the only NYS case in The List, is the Dywinski case.
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Old March 4, 2013, 12:02 AM   #3
hermannr
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I have heard that Shultz is not a lawyer, but has done this type of stuff before, and succeeded.
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Old March 4, 2013, 11:53 AM   #4
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I have heard that Shultz is not a lawyer, but has done this type of stuff before, and succeeded.
That's true. And, while he is not an attorney, we here all wish him success in his efforts!
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Old March 4, 2013, 12:23 PM   #5
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I have heard that Shultz is not a lawyer, but has done this type of stuff before, and succeeded.
Source and cite?
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Old March 6, 2013, 08:13 PM   #6
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Another thing that doesn't make sense, is that My county (Suffolk) on Long Island just had a ten year low in crime. NYC just had a banner year for lowest murders in one year. Up state NY just had a 30 year low for crime. Everyone knows that more gun laws equals more crime. I will hold Coumo responsible if this SAFE Act causes the crime rate to turn around & start upward again.
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Old March 6, 2013, 08:21 PM   #7
JimDandy
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I will hold Coumo responsible if this SAFE Act causes the crime rate to turn around & start upward again.
You're a better man than I, Gunga Din. I'd hold him responsible for a lot more than that... infringing my second amendment rights, the tremendous loss of tax revenue wasted enacting, enforcing, and then defending this law from legal challenge...
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Old March 6, 2013, 09:24 PM   #8
Nick S.
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Governor Andrew Coumo is just as arrogant as his father Mario Coumo was. He acts like he's royalty with the support of NYC behind him. Mayor Bloomberg has more money than God. It's an up hill battle. I'm not the type to cut & run. I'll fight this thing as long as I can.
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Old March 6, 2013, 10:45 PM   #9
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Mayor Bloomberg has more money than God.
More importantly, he has Frank MacKay at his beck and call. This is an interesting topic for out of staters who want to know why New York has so many problems. It's called the Independence Party, the control a vast majority of close elections, and they are able to "cross endorse" candidates, making their names appear multiple times on a ballot. It's called a Wilson-Pakula authorization. We were originally working on challenging this when the NY SAFE Act was passed, and more urgent matters came to the front.
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Old March 6, 2013, 11:59 PM   #10
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Quote:
I will hold Coumo responsible if this SAFE Act causes the crime rate to turn around & start upward again.
The question is, will enough other New Yorkers do the same? Let's not forget that they voted in the politicians who ramrodded this bill through both houses.

That said, let's stick to the legal aspects and steer clear of general New York politics.
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Old March 7, 2013, 03:11 PM   #11
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Has any lawsuit challenging New York's message of necessity ever been successful?

Although the reasoning behind Cuomo's message is bogus, and demonstrably incorrect (some of it is factually incompatible with the law, clearly), what is the precedent here? It seems most of the legislators were ok with the MON. I just wonder in truth what bite this has. I question whether the March 11--being so soon--was just to get this thing shut down and out of the way.
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Old March 11, 2013, 08:35 AM   #12
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Well, today is the day. Based on what I've read I do not expect the court to act against the new law in this matter. Message of necessity historically has a very wide berth and whatever Cuomo threw together for this is likely to be sufficient for the law.
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Old March 12, 2013, 11:53 AM   #13
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Any of you NYers know if anything happened yesterday?

Wasn't there a deadline to show cause? Inquiring minds...
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Old March 12, 2013, 12:23 PM   #14
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I think they moved it ahead a day. Based on what I've read I say there is no way that the state will move in Schultz' favor. His primary argument is weak and its support is without precedent.

The real court case, argued by an actual attorney, is Tresmond's and April 29 is the date to watch out for on that one.
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Old March 12, 2013, 01:47 PM   #15
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As I understand it, a response to the States reply is due today (Mar. 12) and that the court has ordered oral argument tomorrow (Mar. 13).

The States Opposition to the injunction is here: Memorandum of Law in Opposition to Preliminary Injunctive Relief
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Old March 12, 2013, 02:53 PM   #16
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Al, NY could have just saved us the trouble of reading that drivel and just drawn the SAFE act bill dancing on the blood of Sandy Hook.


Basic summation: because of statistical anomalies within firearms overall, the state can do whatever it wants.
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Old March 12, 2013, 08:41 PM   #17
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hate to think that the right to have a 20oz soft drink is more constitutional in a courts eyes than the 2nd amend.
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Old March 13, 2013, 11:34 AM   #18
maestro pistolero
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There is an inalienable right to keep and bear a soda arsenal. No one needs assault pop. But they have a right to it.
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Old March 13, 2013, 02:08 PM   #19
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I don't know if this is the corresponding case, but:

http://www.syracuse.com/news/index.s..._safe_act.html
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Old March 13, 2013, 02:18 PM   #20
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Quote:
I don't know if this is the corresponding case, but:

http://www.syracuse.com/news/index.s..._safe_act.html
It is. Summary: Guy who hadn't studied the law sufficiently filed a case on his own behalf and it was laughed out of court. This is why it's important to seek council from professionals.
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