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Old April 28, 2013, 11:49 PM   #268
Senior Member
Join Date: March 8, 2007
Location: Jamestown, New York
Posts: 256
Good evening,

The attorneys working on these cases have been absolutely swamped with communications from other attorneys, aggrieved gun owners, media interviews, etc. (not to mention the David Lewis debacle), over the past few weeks. It it at times difficult to keep posting on multiple forums, especially when a paranoid few make repeated, and unwarranted personal attacks by purported firearms owners upon the character of people working tirelessly to protect their rights to keep and bear arms. Unfortunately, our side has our own paranoid few - decidedly a tiny minority, but nonetheless quite vocal, who are behaving in ways that hurt the image of the lawful gun community. Our record of defending firearms rights speaks for itself. Unfortunately, there were several attorneys of varying motives engaging in unethical behavior to discredit lawsuits against NY SAFE for who knows what purposes.

Forums are a great means of communication for updating people on time sensitive issues that affect their civil rights. The most important issue here is securing and preserving our constitutional rights, period. This isn't about personalities; it's about the People, with capital "P", meaning YOU.

I am happy to keep folks here updated on these cases. You must forgive me if I do not reply in a timely fashion; things are getting very, very busy.

In short: There was a stay in place on Dywinski and Kachalsky in both Erie and Chautauqua counties pending the determination of the merits of the Kachalsky petition for certiorari. If granted, Kachalsky would have interpreted Heller directly to New York State. It made no sense to pursue cases that would probably have to be re-litigated if Kachalsky was heard; however, the Supreme Court denied certiorari and Dywinski and Holtz are now active. The court dates were moved, albeit only slightly. Holtz is set for a preliminary conference this week on May 3rd instead of tomorrow; Dywinski is returnable to Justice Devlin on May 13th. Not a big deal.

Things are getting interesting.

Maximillian G. Tresmond
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