Another order to show cause in New York?

[maestro pistolero]

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

http://www.usatoday.com/story/news/n...wsuit/1957931/

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.

[Al Norris]

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.

[hermannr]

I have heard that Shultz is not a lawyer, but has done this type of stuff before, and succeeded.

[Maxb49]

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!

[LancelotLink]

I have heard that Shultz is not a lawyer, but has done this type of stuff before, and succeeded.

Source and cite?

[Nick S.]

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.

[JimDandy]

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...

[Nick S.]

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.

[Maxb49]

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.

[Tom Servo]

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.

[MWalsh]

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.

[MWalsh]

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.

[speedrrracer]

Any of you NYers know if anything happened yesterday?

Wasn't there a deadline to show cause? Inquiring minds...

[MWalsh]

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.

[Al Norris]

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

[SilverBulletZ06]

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.

[Come and take it.]

hate to think that the right to have a 20oz soft drink is more constitutional in a courts eyes than the 2nd amend.

[maestro pistolero]

There is an inalienable right to keep and bear a soda arsenal. No one needs assault pop. But they have a right to it.

[speedrrracer]

I don't know if this is the corresponding case, but:

http://www.syracuse.com/news/index.s..._safe_act.html

[MWalsh]

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.