New York Government Attempts to Moot Second Amendment Case… Again

AmmoLand ^ | May 11, 2023 | Dean Weingarten

[marktwain]

The State of New York Office of the Attorney General has issued a letter to the Second Circuit Court of Appeals in an attempt to moot some of the challenges to the infringements on Second Amendment rights. Those challenges are now before the Second Circuit.

When the Supreme Court published the seminal Second Amendment case in Bruen, re-enforcing the Heller opinion from 2008, in 2022, some states rebelled and defied the Supreme Court. One of these was New York. In New York, Governor Hochel, convened a special emergency session to create new law to infringe on the rights protected by the Second Amendment. The new law made it nearly impossible for an ordinary person to carry a firearm for self defense in public.

The law was immediately challenged in several court cases. Judges issued injunctions against the enforcement of the new law, on the grounds that it causes immediate harm and was likely to be overturned by the courts. Those cases were consolidated before the Second Circuit, and the Second Circuit put a stay on the injunctions.  The stay allowed the law to be enforced while the case was being adjudicated.

On May 5, 2023, the State of New York Office of the Attorney General, led by the infamous Letitia James, sent a letter to the Second Circuit Court of Appeals, claiming some of the claims before the court were now moot, because of last-minute changes to the concealed carry law passed in emergency session in 2022. The changes were inserted into the state budget bill, which became law on May 3, and went into effect immediately. The case is known as Hardaway v. Nigrelli. From the Letter:

But, under the amended statute, Hardaway and Boyd—who, as their churches ’ leaders, both retain

[marktwain]

The New York government suceeded in slightly changing their law and making "moot" the first New York Rifle and Pistol Club appeal to the Supreme Court. Two years later, they got the Bruen decision. Now, they are attempting to "moot" more Second Amendment challenges.

[riverrunner]

The anti’s freedom types have learn well.

How to use the system against freedom.

[ronnie raygun]

led by the infamous Letitia James, puke

[Right_Wing_Madman]

New York's government likes to ignore court rulings. Last year, they disregarded the state court of appeals' decision on redistricting, so the court appointed a "special master" to draw up the new districts.

[ComputerGuy]

...cases were consolidated before the Second Circuit, and the Second Circuit put a stay on the injunctions. The stay allowed the law to be enforced while the case was being adjudicated...

[FLT-bird]

I keep saying, in response to states acting in bad faith by passing gun control laws they knew to be in violation of the 2nd amendment and thus infringing on Americans’ constitutional rights, the SCOTUS needs to recognize their bad faith and require them to get pre clearance to pass any gun legislation at all.

That’s the remedy SCOTUS imposed previously when they found states were acting in bad faith to infringe on Americans’ constitutional rights. Its perfectly appropriate here.

[joma89]

The National Firearms Act of 1934 is unconstitutional but leftists got enough judges to say it was not so here we are almost 100 years later and that law stuck.

That is all they do. Keep passing the same law over and over until 5 or more judges say it is ok.

[DeplorablePaul]

Yes. The state should be found in contempt of court. Ignoring rules is a part of the Soros paid effort to implement mob rule

[bobbo666]

I do not understand why courts do not self police. SCOTUS has issued a ruling. They should then tell every state that if any court, state or Fed, within their jurisdiction defies a SCOTUS ruling then all Fed courts in that state will be shut down until further notice. All courts, all cases.

Choke on it.