Dywinski v. State Of New York (SAFE Act Challenge) - Page 6

Maxb49 · February 23, 2013, 08:47 PM

Good evening,

I'm sitting here with six attorneys from the legal team. We're on NY Firearms answering questions about the progress of the lawsuit for at least the next hour and we would like to extend this Question and Answer period to The Firing Line, a forum that is near and dear to my heart.

We've chosen to use TFL for all breaking news on the case, so we're going to be here as well.

Al Norris · February 23, 2013, 09:25 PM

Thanks Max.

Gentlemen, In all the other national cases, no prelim injunctions were ever granted at the trial level. Given the pressing need here, what do you think the chances are that a MPI would be successful (yes, I'm aware of the criteria that must be met to sustain an MPI)?

Maxb49 · February 23, 2013, 09:32 PM

The legal team replies:

"Placing a probability on the outcome of a preliminary injunction is impossible.

Granted, circumstances in this case are much different than Heller and McDonald.

You can rest assured that we are working tirelessly to see that we get an injunction. Unfortunately, we can not give you a guarantee."

**Spats McGee** · February 23, 2013, 09:34 PM

I would also wager that it might behoove them to keep a few details under wraps until the time for a hearing.

Thank you, and please thank them, for sharing whatever information they can safely share.

Al Norris · February 23, 2013, 09:36 PM

For those that don't know, to get a preliminary injunction, there are 3 tests that must be met. 1)The likelihood of winning on the merits; 2) There is irreparable harm being done and 3) That there is no other way to be made whole.

Al Norris · February 23, 2013, 09:40 PM

Thank you Max, and thank the gentlemen.

That answer was the exact answer I wanted. Any other and I would have been suspicious.

Folks, if you really look and think about the 3 pronged test I mentioned above, no attorney worth his salt could have answered that question. The fact that these gentlemen answered in the way they did, goes not only to their professionalism, but to there honesty.

Maxb49 · February 23, 2013, 09:41 PM

Yes Spats, we have a few things under wraps that aren't coming out for anything. By the way, my father wants to contact you in the next couple days if you're free.

**Spats McGee** · February 23, 2013, 09:44 PM

That would be fine. I work 8-5, but he can just shoot me an email, and we can set up a time to talk.

Maxb49 · February 23, 2013, 09:45 PM

Will do!

Al Norris · February 23, 2013, 09:49 PM

I'm about caught up on the NYFirearms thread.

Al Norris · February 23, 2013, 10:12 PM

Max. it seems that on the national front, folks are not as aware of the ramifications of this case, compared to those in NYS.

If you decide to do this again, a bit of advance notification would go a long ways in getting an audience, if not participation.

If, as a State case, this goes as fast as other State cases that I'm aware of, you might well get to the SCOTUS and it would help the people outside of NYS to understand the issues and implications should this become a national case (since all Supreme Court rulings bind all the lower courts).

Maxb49 · February 23, 2013, 10:25 PM

Al, we're going to do this again, and we're going to put out more advanced notice. Tonight was a test run for us.

Al Norris · February 23, 2013, 10:32 PM

Test run... Looked pretty good over at NYFirearms. Thanks a bunch Max, and to your guests, thank you all for your time and efforts on this important case.

I know I'll be looking forward to doing this again.

esqappellate · February 23, 2013, 10:49 PM

I have not seen any of the papers and look forward to doing so. This suit has been filed in state court, right? Why not federal district court? You can bring all the state law claims as pendent to federal constitutional claims. Is state court more hospitable to your claims?

Maxb49 · February 23, 2013, 10:54 PM

Esqappellate, please send me a private message. You can also call the office line any time this week at (716) 202.4301

By the way, if you, or anyone has an urgent question that I have for some reason not been able to answer in a timely manner, my personal assistant Ms. Tribano will be registering here shortly (and over at NY Firearms) to help me keep on top of the questions.

Maxb49 · February 23, 2013, 10:56 PM

Al, thanks for your support.

And thanks to everyone here who runs The Firing Line for giving us a forum to share the news of this case with all of the gun owners here on the web. You guys have a fantastic website.

We're going to be shutting down tonight. In the future, these Q&A periods will be announced in advance.

Al Norris · February 23, 2013, 11:08 PM

Thanks Max.

I'll be looking forward to the next Q&A session.

esqappellate · February 23, 2013, 11:30 PM

Esqappellate, please send me a private message.

sent, thanks.

MWalsh · February 24, 2013, 11:00 AM

Quote:

I am curious about one issue that was raised at the mtg. In addition to the current lawsuit, is there any possibility of a "criminal" case against the gov legislative leaders who "conspired" to violate the "civil rights" of NY citizens"?

No chance. If the risk of criminal trial existed for anybody pushing a law that is ultimately found to be unconstitutional you'd find zero new laws, ever.

JimDandy · February 25, 2013, 10:51 AM

Not even the egregious ones? If a lawmaker were to submit a bill requiring all of a protected class be rounded up in internment camps in this day and age...?

MWalsh · February 25, 2013, 11:23 AM

Quote:

Not even the egregious ones? If a lawmaker were to submit a bill requiring all of a protected class be rounded up in internment camps in this day and age...?

Warrant less wire tapping, indefinite detention, citizen kill list, and torture are all "legal" according to the gov. Specific to your question, we have a good example to look to: http://en.wikipedia.org/wiki/Japanes...can_internment

So to answer your question: absolutely no lawmaker in this day and age would have to worry about a thing other than possibly not getting reelected to office, but given the hysteria of many in this "war on terror" I wouldn't even call it a career-ender.

If history teaches us anything it's that we don't evolve. In great part we are products of our environments. The horror we look upon others actions would have often been ours in the same scenario. The only thing that prevents it is a study of history and without it there's no prevention to recurrence of past ills.

kmccabe · February 25, 2013, 03:01 PM

Can I buy your working groups a pizza or something? I would like to support this effort. Just don't know how yet.

Maxb49 · February 25, 2013, 06:07 PM

There will be major press conferences tomorrow.

Something monumental is happening in Western New York. Check back tomorrow. Stay tuned.

Ralgha · February 25, 2013, 06:14 PM

The suspense is killing me!

Maxb49 · February 25, 2013, 06:24 PM

This is bigger than the jury announcement.

February 23, 2013, 09:34 PM	#129
Spats McGee Staff Join Date: July 28, 2010 Location: Arkansas Posts: 8,821	I would also wager that it might behoove them to keep a few details under wraps until the time for a hearing. Thank you, and please thank them, for sharing whatever information they can safely share. __________________ I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.

February 23, 2013, 09:44 PM	#133
Spats McGee Staff Join Date: July 28, 2010 Location: Arkansas Posts: 8,821	That would be fine. I work 8-5, but he can just shoot me an email, and we can set up a time to talk. __________________ I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.

February 25, 2013, 06:14 PM	#149
Ralgha Senior Member Join Date: February 5, 2011 Location: Oregon Posts: 123	Re: Dywinski v. State Of New York (SAFE Act Challenge) The suspense is killing me!

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February 23, 2013, 08:47 PM	#126
Maxb49 Senior Member Join Date: March 8, 2007 Location: Jamestown, New York Posts: 256	Good evening, I'm sitting here with six attorneys from the legal team. We're on NY Firearms answering questions about the progress of the lawsuit for at least the next hour and we would like to extend this Question and Answer period to The Firing Line, a forum that is near and dear to my heart. We've chosen to use TFL for all breaking news on the case, so we're going to be here as well.

February 23, 2013, 09:25 PM	#127
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	Thanks Max. Gentlemen, In all the other national cases, no prelim injunctions were ever granted at the trial level. Given the pressing need here, what do you think the chances are that a MPI would be successful (yes, I'm aware of the criteria that must be met to sustain an MPI)?

February 23, 2013, 09:32 PM	#128
Maxb49 Senior Member Join Date: March 8, 2007 Location: Jamestown, New York Posts: 256	The legal team replies: "Placing a probability on the outcome of a preliminary injunction is impossible. Granted, circumstances in this case are much different than Heller and McDonald. You can rest assured that we are working tirelessly to see that we get an injunction. Unfortunately, we can not give you a guarantee."

February 23, 2013, 09:36 PM	#130
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	For those that don't know, to get a preliminary injunction, there are 3 tests that must be met. 1)The likelihood of winning on the merits; 2) There is irreparable harm being done and 3) That there is no other way to be made whole.

February 23, 2013, 09:40 PM	#131
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	Thank you Max, and thank the gentlemen. That answer was the exact answer I wanted. Any other and I would have been suspicious. Folks, if you really look and think about the 3 pronged test I mentioned above, no attorney worth his salt could have answered that question. The fact that these gentlemen answered in the way they did, goes not only to their professionalism, but to there honesty.

February 23, 2013, 09:41 PM	#132
Maxb49 Senior Member Join Date: March 8, 2007 Location: Jamestown, New York Posts: 256	Yes Spats, we have a few things under wraps that aren't coming out for anything. By the way, my father wants to contact you in the next couple days if you're free.

February 23, 2013, 09:45 PM	#134
Maxb49 Senior Member Join Date: March 8, 2007 Location: Jamestown, New York Posts: 256	Will do!

February 23, 2013, 09:49 PM	#135
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	I'm about caught up on the NYFirearms thread.

February 23, 2013, 10:12 PM	#136
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	Max. it seems that on the national front, folks are not as aware of the ramifications of this case, compared to those in NYS. If you decide to do this again, a bit of advance notification would go a long ways in getting an audience, if not participation. If, as a State case, this goes as fast as other State cases that I'm aware of, you might well get to the SCOTUS and it would help the people outside of NYS to understand the issues and implications should this become a national case (since all Supreme Court rulings bind all the lower courts).

February 23, 2013, 10:25 PM	#137
Maxb49 Senior Member Join Date: March 8, 2007 Location: Jamestown, New York Posts: 256	Al, we're going to do this again, and we're going to put out more advanced notice. Tonight was a test run for us.

February 23, 2013, 10:32 PM	#138
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	Test run... Looked pretty good over at NYFirearms. Thanks a bunch Max, and to your guests, thank you all for your time and efforts on this important case. I know I'll be looking forward to doing this again.

February 23, 2013, 10:49 PM	#139
esqappellate Member Join Date: October 16, 2012 Posts: 69	I have not seen any of the papers and look forward to doing so. This suit has been filed in state court, right? Why not federal district court? You can bring all the state law claims as pendent to federal constitutional claims. Is state court more hospitable to your claims?

February 23, 2013, 10:54 PM	#140
Maxb49 Senior Member Join Date: March 8, 2007 Location: Jamestown, New York Posts: 256	Esqappellate, please send me a private message. You can also call the office line any time this week at (716) 202.4301 By the way, if you, or anyone has an urgent question that I have for some reason not been able to answer in a timely manner, my personal assistant Ms. Tribano will be registering here shortly (and over at NY Firearms) to help me keep on top of the questions.

February 23, 2013, 10:56 PM	#141
Maxb49 Senior Member Join Date: March 8, 2007 Location: Jamestown, New York Posts: 256	Al, thanks for your support. And thanks to everyone here who runs The Firing Line for giving us a forum to share the news of this case with all of the gun owners here on the web. You guys have a fantastic website. We're going to be shutting down tonight. In the future, these Q&A periods will be announced in advance.

February 23, 2013, 11:08 PM	#142
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	Thanks Max. I'll be looking forward to the next Q&A session.

February 23, 2013, 11:30 PM	#143
esqappellate Member Join Date: October 16, 2012 Posts: 69	Esqappellate, please send me a private message. sent, thanks.

February 25, 2013, 10:51 AM	#145
JimDandy Senior Member Join Date: August 8, 2012 Posts: 2,556	Not even the egregious ones? If a lawmaker were to submit a bill requiring all of a protected class be rounded up in internment camps in this day and age...?

February 25, 2013, 03:01 PM	#147
kmccabe Junior Member Join Date: February 23, 2013 Posts: 5	Can I buy your working groups a pizza or something? I would like to support this effort. Just don't know how yet.

February 25, 2013, 06:07 PM	#148
Maxb49 Senior Member Join Date: March 8, 2007 Location: Jamestown, New York Posts: 256	There will be major press conferences tomorrow. Something monumental is happening in Western New York. Check back tomorrow. Stay tuned.

February 25, 2013, 06:24 PM	#150
Maxb49 Senior Member Join Date: March 8, 2007 Location: Jamestown, New York Posts: 256	This is bigger than the jury announcement.