Judge Suddaby issued an injunction enjoying parts of the NY CCIA.
The process that happens is that the parties can request a “temporary” injunction. This is short lived. It is designed to stop harm from happening as the case proceeds to trial. Judge Suddaby granted a temporary injunction to GOA, held it for 3 business days to allow the state to appeal it to the second circuit court which overturned the temporary injunction.
Time goes by and the judge has had time to look at the pleadings of both parties and is now issuing an injunction. This blocks large parts of the CCIA and it is in place until the end of the trial.
With a temporary injunction one of the parties can delay things so that the temporary expires. With an injunction it doesn’t matter how long it takes to get to trial the injunction stands. Using the term “suspend” minimizes the huge win this is.
In addition, when issuing the temporary injunction judge Suddaby held it in order to give the State time to appeal. The State again asked for a hold while they appealed. This time judge Suddaby said “no.” His reasoning being something like “a right delayed is a right denied”.
What this means is that until such time as the trial is heard, all of the “good moral character” parts of the CCIA are dead. They can’t ask anything related to establishing “good moral character”. The judge explicitly stated that NY had just exchanged “good cause” for “good moral character” which is not allowed because of the Bruen opinion.
Along with stopping the “good moral character” parts, the judge took direct issue with many of the sensitive place designated by the State. In particular he said that requiring businesses and privately owned property to say that CCW was allowed was likely to be found unconstitutional. He also agreed with judge Senatra, Jr. that places of worship are NOT sensitive places and used judge Senatra, Jr.’s arguments to bolster his own.
The courts are building up a body of work that is in the process of gutting gun control at all levels.
With luck we’ll be free of a few anti gun politicians come January when the new Congress is sworn in
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Comments
3 responses to “It is all in the spin”
They use “moral character “ as an excuse here( they used to), now we have Constitutional carry. I got denied in 2013 because I answered a question on the application wrong.. then we got CC. When 5 years were up I reapplied and sent them my NRA Instructor creds, my FFL and SOT tax stamp, all acquired in 2014..so much for poor character..
When I lived in Maryland I was told I could get a CCW by a former police officer that had a CCW. Nobody I knew outside of Law Enforcement, past and current, judges and politically important people got CCWs. But you could pay your hundreds to apply and get denied.
Then I moved here. Walked into the police station, hand them a form. Came back 10 business days later, handed them $15 and walked out with my CCW.
Today I don’t need to have a CCW to carry in this state but I got mine renewed as it gives me a few more places where I can carry where CC does not.
The current town doesn’t follow the law in terms of payments. You go to the town office, pay your $15. Take your receipt and your application across the parking lot to the police station and hand both to the clerk. Come back 10 business days later and pick up your CCW.
Nobody really cares about the pay first because if you are not a prohibited person you get the CCW.
I’m very happy to see the judges not just doing these actions but giving good thoughtful opinions. Its also exposing a lot of the dirty dealings that goes on. Voting local matters a lot.