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Walkinguf61

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Posts posted by Walkinguf61


  1. 5 minutes ago, Spartiati said:

    They won’t appeal.  This was a unanimous court decision.  SCOTUS wont touch until the 2nd here’s arguments and issues a ruling.

    Yep. There is also a chance they will remove the stay of the injunction after receiving initial arguments ( I am not holding my breath).

    The good news is that most cops aren’t going to enforce it unless pushed into the situation. NY made a mistake when they made the law and its exceptions. Out of state retirees can carry on public transportation on LEOSA but not active out of state cops on vacation? 
    Retired police officers are exempted from the private property restrictions but a retired peace officer is not— good potential for a great complainant for additional legal action.

     


  2. The fight isn’t over even if this Injunction stands. 
    We need to get proper complainants in order to challenge some of the other sensitive locations . Like youth sports event, a plant that produces or transfers energy,( think the courts will say this doesn’t mean a gas station), public transportation hub/airport, a public place being used for a film set, etc .

    And we need a doctor or nurse to challenge the health care facilities prohibition. The law is too broad even if they want to make some healthcare facilities a sensitive place.

    I have a limited exemption to these sensitive places but it would be a real hassle if the place actually told me no. I can imagine the legal jeopardy a CCW might have if they needed emergency medical care. 

    • Agree 1

  3. 45 minutes ago, Moutinas said:

    If NJ decides to go the 3rd Circuit Court of Appeals, we stand a very good chance of pulling two out of three Republican appointed judges. The makeup of the 3rd changed from Democratic appointed control to Republican appointed during the Trump administration.

    The president who appointed a judge was not as important until Trump . There was an informal rule that a senator of the state the judge would cover , could veto that judge’s nomination.

    https://www.npr.org/2014/05/29/317127117/old-senate-tradition-lies-behind-controversial-judges-nomination

    Only certain judges could get through this part of the process. Especially in California, New York where the senators were/are more radical and militant. 

    Trump broke this tradition. 
     

     

    • Informative 1

  4. 1 hour ago, Jfoster99 said:

    My son just reminded me with a smirk to ruin my day that NY got a TRO for most of their CC improvement Law but then the State appealed to a Three judge panel that overturned their TRO.

    Someone please tell me that is not possible here and that the Thursday court case can only add to the TRO to make it better, not remove or make it worse…

     

     

    The NY preliminary injunction was “ stayed” until the 2nd circuit heard the appeal. What happened? SCOTUS is asking why. ( SCOTUS hasn’t made a decision yet as to overturning the stay yet). The appeals courts just were put on notice and it is less likely to happen as a result. And unlike NY’s 2nd circuit, NJ’s circuit reports to Justice Alito, not Sotomeyer. 
    A stay pending the appeal could happen but it’s less likely than what happened in the 2nd circuit.


  5. 3 hours ago, ESB said:

     

     

    Anyone worried that a Biden appointee is hearing the Siegel case?  The latest SCOTUS judge Biden appointed was an activist judge who ruled not necessarily based on constitutionality or law but what would push forward the leftist agenda best she could.  Williams could rule against 2A freedoms to be seen as an activist judge who promotes leftist agendas in hopes of a bigger promotion by Dems. 

     

     

    We will see. Even a leftist judge might follow what SCOTUS says.


  6. 4 minutes ago, Fawkesguy said:

    Yes, I assume that is the Dem's long game.  Expand the court during Biden's 2nd term (or earlier, if possible), and ensure the court takes a case that reverses Bruen, as quickly as possible.

    That plan is now moot. They can’t expand the court without control of the House and the senate . 
    The great news is that they went full retard on their new laws and flat out said it was In reaction to Bruen. There now will be case law against any future attempts to do  when attempt to pass a scaled down version. 

    • Like 1

  7. 7 minutes ago, Mr.Stu said:

    Sure they can - who, outside those of us that are directly impacted by this will pay any attention to what actually occurred in court?

    They rely on low information voters - voters who in turn rely on the soundbites spewed by the gun grabbing politicians.

    That, and that a large number do not want to take responsibility and give it to an authority of some type . It’s not just about guns but almost everything in life with these people . 


  8. I must say that I am impressed with some of the posters here and their understanding of the legal system. And how they seek out knowledge like the actual transcripts.

    I believe that if there is any delay in the decision, it will be so the judge can cite his decision well enough to make any attempt to overturn it to fruitless or make the appeals court decision to overturn it to appear be blatantly political rather than grounded in law.

    • Agree 2

  9. 5 hours ago, revenger said:

    Any training requirement should include training for 911 dispatchers and every compensated responder.   911 dispatchers on how to identify a "karen" call vs. an active incident and cops that "citizens" are allowed to have guns on them.   an official "read and initial" type of form for each to sign and keep in their files that were trained and understand the constitution and laws.

    And who makes the news? The person who treats the Karen call as real or the 911 operator who treats a Karen call as such and turns out to be wrong ? 


  10. 39 minutes ago, samiam said:

    Are you claiming that an effective armed defense against tyranny can be conducted from withint the four walls of your home? I find that premise extremely dubious. And the argument is about "carry", period. "Concealed carry" vs. "carry" is a distinction created by our wonderful government. 

    No. Open and concealed carry have been seen as historically different. Open carry was seen as fair warning in some places where concealed carry was seen as dubious. 


  11. 1 hour ago, RadioGunner said:

    Law enforcement has training to spot concealed guns. The NYPD's training is quite comprehensive. I've seen it. In the era of stop and frisk some were very skilled at spotting weapons. And some would stop and frisk you anyway even if all they had was a "hunch."

    Personally I don't want to have to walk around worrying about whether the cops will see me if I reach for something on a shelf and my shirt lifts and exposes the gun. 

    People were shocked how I knew they had a gun or knife on them and where they had it without frisking them. It’s a perishable skill. 
    But a few months ago, a retired cop friend of mine and I went out to dinner. He tapped me exactly where I was carrying a small 380. It’s a skill that we develop. But I have also missed things too. 

    1 minute ago, brucin said:

    I believe that was only for NY city.. It's been 10 years since I received my NY permit and can't recall if premises was on the application.

    It was before the CCIA changes . I don’t know about now.


  12. 13 minutes ago, Mike77 said:

    Curious of any LEOs opinions on the new bill, and wether they intend to enforce. 

    We will never know and it will depend on the circumstances. A lot will pretend not to see something, while others will be forced to act because they can’t pretend not to have seen something due to body cams , a Karen pointing to it , etc. And some will tend to enforce it .  That’s why it’s important to get the law changed.  


  13. 12 minutes ago, Mr.Stu said:

    I don't have much of an issue with it either with one proviso - The LEO must not freak out and treat you as a threat just because you are legally armed. If anything, it should allow him/her to adopt a more relaxed posture as it is highly unlikely that a legal carrier is going to do anything dumb. Not impossible, but highly unlikely. It should definitely not be an excuse to disarm the person and run the gun's serial number on a fishing expedition for a collar.

    Criminals occasionally will say they they have a permit or claim to be an off duty cop  with the hope that  the cop will let their guard down .

    Its the same when they claim they can’t breathe or fake a medical condition. 
     

    And the DMV check before obtaining the drivers license is only on the registered owner of the car. If a cop over reacts because my car might have a gun permit link on it , they might be pulling out on my wife. And she is definitely not carrying . 


  14. 2 hours ago, brucin said:

    The new safety course is taught over 3 days and costs $175 at Pine Tree Rifle Club a range I'm very familiar with and they work hard to keep prices low. They charge $175. It should be challenged and struck down period.

    The previous course was a 4 hour basic handgun safety course and cost $25.

    Agreed. I think if the state is going to require training , then they should pay for it.  “ Only the rich get to carry?”? 


  15. 9 minutes ago, Mike77 said:

    The point ppl are trying to make is, where in the bill of rights and constitution say "with permit" 

    Where does it say in the constitution you need a parade permit? It doesn’t but SCOTUS declared it constitutional 

    The supreme court has already upheld NICS and the GCA of 1968 in a post Heller case. 
    And a permit system was approved in Bruen in the concurring opinion and in Heller majority opinion.


  16. 2 hours ago, Mike77 said:

    Bruen confirmed that the Second Amendment allows states to enact a host of gun regulations that expressly includes protecting sensitive places and requiring background checks.......It does??

    the Bruen Court recognized that the right to publicly carry a firearm “has traditionally”—and constitutionally—“been subject to welldefined restrictions governing the intent for which one could carry arms, the manner of carry......it does??

    The Court specifically identified that historical tradition as including (1) licensing requirements and (2) prohibitions on carrying firearms in “sensitive places.”....it does??

    In passing the bill, the Legislature noted that Bruen “makes clear … that the Legislature can enact laws to protect our communities.....it does??

     

    Why do I feel like they are using their interpretation of the ruling, and not the facts and exact wording?

    Bruen does allow for sensitive places in the law— specifically places like courthouses and such. There is a tradition and history of such from 1791. I think you are okay with not carrying into a prison if you are visiting an inmate ( okay, maybe not) . The problem is they tried to make everywhere a “ sensitive place “. 


  17. 2 hours ago, EndStatism said:

    Imagine they required the same permit process for speech?

    Of course that’d follow the elimination of 2A, naturally.

    People in the UK are arrested everyday for stating their opinions, stating biological facts and more. Doesn’t have to be a call to violence even.

    In some ways they do. To assemble for religious, or political speech , there are regulations that may apply. A parade permit to  assemble on public streets and places is often required. There are building  and fire codes as to how many people can be in the church building. There are regulations on the use of sound devices ( speakers ) where it concerns speech . Or how you can’t interpret a church service or just an event because you have something to say . You can not incite a riot 
    However, this not saying that the restrictions they are trying to place on firearms  are constitutional. 
     

    ( this part is not directed at any one individual)
    And to discuss that there might be limits to the 2nd amendment is not anti -second amendment nor hurts our cause  . It is a realistic approach as how SCOTUS is going to rule , and what the founding father meant, and sometimes what is realistic and practical. We should not just be an echo chamber like the left is. 


  18. 31 minutes ago, EngineerJet said:

    That is an interesting argument. Here is where I disagree. 2A refers to keep AND bear. So in this analogy with the car, it would be like saying, keep AND drive. It would be a far reach to argue that the 2A ONLY applies to bearing arms on your own property. Though present day that argument is moot since SCOTUS was very explicit that we have a right that extends beyond the home. 

    What are you refering to for the people who move to NJ? That they should go through the same process as us who already live here?

    I am pointing out that it’s not in the tradition of even NJ to require a gun permit to own . 
    Before this new law if one moved to NJ there was no requirement to register the guns or a permit needed to have them .NJ only had a FID to purchase. 

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