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 ...
There are no illegal guns, just undocumented firearms.
Because guns don’t vote, but illegal aliens have been known to.
Unexpectedly pleasant outcome in this day and age.
NYC and the other large urban areas are havens for human trash due to liberal policies..
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.
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".
So you're saying if I use my gun to vote, that makes it a legal gun. Hmmm.......
That wasn’t my initial intent....but when I lived in Georgia, one form of valid voter ID was my concealed carry permit.
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”
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.