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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 02-07-2013, 7:49 PM
chip3757 chip3757 is offline
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Default Why no injunction filed in NY?

I see posts about an injunction that will be filed if our legislators would pass new laws outlawing certain firearms. I believe a SF handgun ban was used as an example. Why weren't injunctions filed in NY when those laws were passed in the middle of the night?
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Old 02-07-2013, 7:53 PM
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Because noone cares. This is the end. No hope and no help.
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Old 02-07-2013, 7:54 PM
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Takes time. As of now some NY shooting organizations have filed a lawsuit. ARF has filed one as well as they are NY based. There is doubt the law will even go into effect because it was so poorly done, such as not exempting LE from the 7rd mag cap.
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Old 02-07-2013, 7:58 PM
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http://www.nysrpa.org/files/SAFENoticeOfClaim.pdf
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Old 02-07-2013, 8:28 PM
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Declaratory judgments (and the injunction requests that often come with them) need to be timed correctly; file too early, and it gives the court an easy out to dismiss the case as not yet ripe. The dismissal is usually without prejudice, but why incur the expense of having to file it a second time if you don't have to?
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Old 02-07-2013, 8:39 PM
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The law doesn't go into effect until January 1, 2014. It is now February 7, 2013 so there are still months to go. Why rush and file something crappy when you can take your time and file a very well written and carefully thought out suit?
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Old 02-07-2013, 8:41 PM
wweigle wweigle is offline
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Default Good info. thanks

Now this is the kind of info that is informative. Just spent 30 minutes looking at the responses to the Democratic caucus's gun violence initiatives announced today, and I am afraid that all of the Calguners are moving out of state, or are dreaming of it. Eight pages of posts and little or nothing on how we are really going to fight these laws. Good info. Thanks!
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Old 02-07-2013, 8:48 PM
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Quote:
Originally Posted by Josh3239 View Post
Takes time. As of now some NY shooting organizations have filed a lawsuit. ARF has filed one as well as they are NY based. There is doubt the law will even go into effect because it was so poorly done, such as not exempting LE from the 7rd mag cap.
Oddly, that is the only part of the law I like
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Old 02-07-2013, 8:51 PM
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Oddly, that is the only part of the law I like
I agree. These laws would be much harder to pass if there were no exemptions.

Using the antis' logic, the recent events in LA show that even one rogue cop is too much, and their access to dangerous weaponry should be restricted.
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Old 02-07-2013, 8:56 PM
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If people want to move that's fine... But they best take notice that the fed ban and all proposed state bans are based on California law.

Californians are fleeing California's failed socialist experiment and colonizing nearby states. Colorado has an AWB in their legislature and Nevada went for Obama in 2008 and 2012 by comfortable margins. So if you don't think what's happening here is comming your way eventually you're probably wrong.

I love the geography of this state and the weather. Why would I give up beaches that people come from all over the world to see to sit in a small house covered in snow where high speed Internet isn't available in the midwest? California is my home. I grew up in the Midwest and have more than enough memories about how "awesome" it is.
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Old 02-07-2013, 9:12 PM
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We need to support NY. The sooner the SAFE act gets tossed the sooner we will get relief here.

Regards,


SwissFluCase
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Old 02-07-2013, 9:17 PM
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Quote:
Originally Posted by Josh3239 View Post
Takes time. As of now some NY shooting organizations have filed a lawsuit. ARF has filed one as well as they are NY based. There is doubt the law will even go into effect because it was so poorly done, such as not exempting LE from the 7rd mag cap.
Special exemptions for LE are what makes many gun laws unconstitutional. Such exemptions violate the 14th Amendment as surely as if you passed a law that exempted "white people" from paying income taxes.
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  #13  
Old 02-07-2013, 9:27 PM
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I wasn't passing judgement guys. I was passing on facts. It is a fact the state of New York realized they made a critical error in their legislation by not exempting LE. Like it or don't like it, it doesn't matter because they made it, they don't like it, and they will do something about it.

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Special exemptions for LE are what makes many gun laws unconstitutional. Such exemptions violate the 14th Amendment as surely as if you passed a law that exempted "white people" from paying income taxes.
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Old 02-07-2013, 9:49 PM
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Quote:
Originally Posted by Moonshine View Post
If people want to move that's fine... But they best take notice that the fed ban and all proposed state bans are based on California law.

Californians are fleeing California's failed socialist experiment and colonizing nearby states. Colorado has an AWB in their legislature and Nevada went for Obama in 2008 and 2012 by comfortable margins. So if you don't think what's happening here is comming your way eventually you're probably wrong.

I love the geography of this state and the weather. Why would I give up beaches that people come from all over the world to see to sit in a small house covered in snow where high speed Internet isn't available in the midwest? California is my home. I grew up in the Midwest and have more than enough memories about how "awesome" it is.
Amen.
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