[bad ninja]

State supreme court rules New York's ERPO (red flag law) unconstitutional, and a violation of due process.



NEW YORK SUPREME COURT JUSTICE DEEMS NEW YORK'S RED FLAG LAWS ARE UNCONSTITUTIONAL — New York Criminal Attorney Blog — December 30, 2022

 

[JBear]

Appealed and frozen in 5...4...3...2...

 

[bad ninja]

Appealed and frozen in 5...4...3...2...

That's the NY State Supreme Court.
They aren't going to get a stay from the USSC.


By the way, the defeatists are one of the reasons we are in this mess.
Don't be so blinded by edginess that you can't appreciate a win for constitutional rights.

 

[RickByus]

That's the NY State Supreme Court.
They aren't going to get a stay from the USSC.


By the way, the defeatists are one of the reasons we are in this mess.
Don't be so blinded by edginess that you can't appreciate a win for constitutional rights.

One thing to watch for is they might tell the Supreme Court to stick it. If they go Rogue on this could have some bad consequence. NY has already said last time they do not agree with some rulings and want to ignore them.

 

[bad ninja]

One thing to watch for is they might tell the Supreme Court to stick it. If they go Rogue on this could have some bad consequence. NY has already said last time they do not agree with some rulings and want to ignore them.

They can't just ignore the USSC.
THAT is seditious, and would be a true "insurrection".
The USSC is also set to address that specific little tidbit too.

https://thereload.com/justice-sotomayor-orders-new-york-to-answer-emergency-request-to-block-gun-carry-law/

Sotomayor gets to hear it. Even lefty justices don't play that game when their authority gets usurped.
If she fumbles the ball, we get to request a new justice.

 

[wa4att]

This was issued by the Monroe County (NY) Supreme Court. Similar to county criminal courts in many states.

 

[Grumpy geezer]

So far the NY governor doesn't care what the courts, state, federal or otherwise has to say. Pass a very slightly different law that obstructs gun owners and let that change work its way slowly through the system. Same thing in all the other anti gun blue states.

 

[bad ninja]

So far the NY governor doesn't care what the courts, state, federal or otherwise has to say. Pass a very slightly different law that obstructs gun owners and let that change work its way slowly through the system. Same thing in all the other anti gun blue states.

That's not going to work any more.
Bruen changed the standard.
Text and History of the 2A.
The Governor can only grandstand.

People in NYS might want to start standing up to tyrants and stop voting for them.
Freedom isn't free, and they have been apathetic for far too long.

The lower courts set a very valid precedent by recognizing the lack of due process regarding property as well as a constitutionally protected right.

 

[OLE442]

They didn't vote this tyrant in so she's exempt! LOL!

 

[JBear]

I believe they did, actually.

 

[OLE442]

Actually, I think you may be right and I am wrong! Now that I'm awake and I think about it.....ooops! LOL!

 

[JBear]

I mean, initially they didn't, but. They actually got to try her out first and still decided they wanted to keep her. They deserve everything they voted for.

 

[Whit]

Elections have Consequences.

 

[Grumpy geezer]

That's not going to work any more.
Bruen changed the standard.
Text and History of the 2A.
The Governor can only grandstand.

People in NYS might want to start standing up to tyrants and stop voting for them.
Freedom isn't free, and they have been apathetic for far too long.

OK, good luck with that.

 

[bad ninja]

OK, good luck with that.

I'm not the one that needs luck.
I live in a small town in rural south Georgia.

The only red flags I have to worry about are on a long load.