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Appeals court tosses orders barring illegal gun sales by out-of-state dealers(NY)
nypost.com ^ | 4 May, 2011 | BRUCE GOLDING

Posted on 05/05/2011 5:51:45 AM PDT by marktwain

A Manhattan appeals court today shot down orders that imposed outside monitoring on two out-of-state gun dealers accused of having "New Yorkers' blood on their hands."

The U.S. Second Circuit Court of Appeals said "several portions" of the 2009 injunctions against Mickalis Pawn Shop and Adventure Outdoors were "insufficiently specific or overbroad" and ordered "further proceedings" to make them comply with federal rules.

The decision noted that the Brooklyn federal court orders prohibit not only illegal "straw purchases" of firearms, "but other, unidentified types of sales practices as well."

"An injunction is overbroad when it seeks to restrain the defendants from engaging in legal conduct, or from engaging in illegal conduct that was not fairly the subject of litigation," Judge Robert Sack wrote for himself and Judge Richard Eaton.

The ruling said the injunctions were "also problematic" due to the wide powers granted a "special master" appointed to enforce their terms.

"Moreover, the injunctions provide that any dispute as to whether a violation has occurred, or any disagreements concerning decisions made by the special master, are to be resolved by the special master himself," according to the decision, for which Judge Richard Wesley wrote a concurring opinion.

Mickalis Pawn Shop, based in Summerville, S.C., and Adventure Outdoors, in Smyrna, Ga., were among 15 gun sellers the city sued in 2006 after commissioning a series of secretly recorded sting operations.

(Excerpt) Read more at nypost.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: New York
KEYWORDS: banglist; court; dealer; funy; ny
A federal judge upholds the rule of law. Good news.
1 posted on 05/05/2011 5:51:50 AM PDT by marktwain
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To: marktwain
What is an Illegal gun? Why are guns illegal and aliens not?
2 posted on 05/05/2011 6:15:11 AM PDT by mountainlion (America land of the free because of the Brave.)
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To: mountainlion

There are no illegal guns, just undocumented firearms.


3 posted on 05/05/2011 6:17:02 AM PDT by tacticalogic
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To: mountainlion

Because guns don’t vote, but illegal aliens have been known to.


4 posted on 05/05/2011 6:17:09 AM PDT by Pecos (Constitutionalist. Liberty and Honor will not die on my watch.)
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To: marktwain
A federal judge upholds the rule of law.

Unexpectedly pleasant outcome in this day and age.

5 posted on 05/05/2011 6:22:21 AM PDT by Pontiac
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To: marktwain
NYC needs to stop blaming others for it's crime problems.

NYC and the other large urban areas are havens for human trash due to liberal policies..

6 posted on 05/05/2011 6:36:49 AM PDT by SWAMPSNIPER
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To: marktwain

Mayor Bloomberg is fond of blaming others for his own shortcomings; evidently he figures his constituency is too stupid to know any better - and he may be right.


7 posted on 05/05/2011 7:16:51 AM PDT by Jack Hammer (e)
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To: marktwain
A federal judge upholds the rule of law.

He probably won't be able to rack up too many of those black marks in his jacket before suddenly discovering he has to "retire".

8 posted on 05/05/2011 8:41:28 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Pecos
Because guns don’t vote, but illegal aliens have been known to.

So you're saying if I use my gun to vote, that makes it a legal gun. Hmmm.......

9 posted on 05/05/2011 8:42:42 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Still Thinking

That wasn’t my initial intent....but when I lived in Georgia, one form of valid voter ID was my concealed carry permit.


10 posted on 05/05/2011 9:27:04 AM PDT by Pecos (Constitutionalist. Liberty and Honor will not die on my watch.)
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To: marktwain

From reading the article only, it’s not that good. The
rules are said to be “overbroad” only; they didn’t say
“an intolerable infringement on the RKBA as restated in
the 2nd Amendment”


11 posted on 05/05/2011 10:21:06 AM PDT by cycjec
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