Georgia And South Carolina Fighting Back

With lawsuits in the works Mayor Blomberg may have his hands full.

http://www.nysun.com/article/66713

I love living down here.

The fun thing is that Southerners don't like New Yorkers that much, and especially not ones that try to take away our guns...

The fun thing is that Southerners don't like New Yorkers that much
It's not that we don't like them, it's that we don't like them coming down and trying to turn our state(s) into a NY colony. ;)

Hey, don't forget us.
We made it a felony offense to come in from out of state and set up straw purchase sting operations.

And God knows Fletcher we have PLENTY of them here in Raleigh!!!! Good for the Shops and I hope they win. That guy is blinded by his wealth and hopefully they can improve his vision by alleviating some of that burden in a Southern court room.

We made it a felony offense to come in from out of state and set up straw purchase sting operations.Then how come that commie son of a female dog isn't rotting in a Virginia jail right now?

Hopefully we'll show him the same kind of hospitality we showed the last bunch of NYers that came down 150 years ago to take our guns away. ;)

Then how come that commie son of a female dog isn't rotting in a Virginia jail right now?Law was passed after the fact. Only applies if he (or another) does it again.

Then how come that commie son of a female dog isn't rotting in a Virginia jail right now?

Law was passed after the fact. Only applies if he (or another) does it again.

Hmmm, must be nice, kind of a "I was a straw purchase gang ring leader, but now there is a law, so I'm no longer a straw purchase gang ring leader, even though I was a straw purchase gang ring leader"...

...if any one of this did this we'd be in PRISON...

What a joke!

A free speech expert in New York, Floyd Abrams, said Mr. Bloomberg could win on appeals either before or after any trial. Mr. Abrams said the dealers would face the difficult task of showing that the mayor "didn't believe what he was saying."

"I find it hard to believe that the courts will not view these litigations as an attempt to slap back at a public official who has been critical of" the gun dealers, Mr. Abrams said. "The general view of the law is that we want public officials like the mayor to speak boldly and in the terms that they feel are necessary to expose potential wrongdoing."

The mayor of New York City might have believed what he was saying but it should be possible to show that what he was saying about these specific dealers was based on his own reckless disregard for the truth.

What Bloomberg was saying is that these two dealers "have been responsible for funneling into New York large quantities of handguns used by local criminals." The operative phrase here is "responsible for funneling," which means that the dealers knew the guns they sold were being bought by people who would transport them to New York City for sale to local criminals there. Bloomberg also charged publicly that they were "the worst of the worst," and said they "have New Yorkers' blood on their hands."

Undercutting Bloomberg's charges are that the BATF--the federal agency responsible for supervising the dealers' licenses--allowed them to continue in operation. Bloomberg knew that. Knowing it he made the charges anyway, in reckless disregard for the truth. As for the "New Yorkers' blood on their hands," it would be demonstrable that even Mayor Bloomberg does not believe there's any truth in that statement if neither he nor his city officials issued warrants for their arrests on criminal charges for crimes committed in New York City.

We do want public officials to speak boldly, but only when what they speak is truthful and not reckless destructive rhetoric, and only when they are public officials acting as public officials. The Mayor of New York City is a public official there but not anywhere in Georgia or South Carolina. Even in New York City, Mayor Michael Bloomberg's license to speak boldly is limited to the scope of his duties. He might speak boldly his belief that Sister Georgiana Pickles of Miami, Florida, is a whore and the ruination of young men but neither Bloomberg's public office in New York City nor the sincerity of his belief will serve to protect him if she isn't and wasn't, or if he can't prove that she is or was, or if he had neglected to determine whether what he said was true and relied only on the strong attraction he himself feels for the Sister.

I love it! I grew up in Summerville, and the Mickalis' were my neighbors. I hope he gets his day and wins! I've visited his pawn shop many times, as I did his fathers when I was a "yout" growing up there.

they "have New Yorkers' blood on their hands."


Wrong! Bloomberg,Gulianni, Sulivan, and numerous other Ex-NY City Mayors have the blood of countless disarmed victims on their hands...

Hey, don't forget us.
We made it a felony offense to come in from out of state and set up straw purchase sting operations.

Hopefully that notion will spread south to GA soon.

This was a "WTH" moment with my morning beer (relax, I work overnight). Just where in the heck does a CITY official in NY get off trying police federal regs in another state? That's insane.

Michael Bloomberg does seem to be fantasizing that he's Arnold Schwarzenegger, or maybe it's the other way around. I'm soooo confused. :)

Hopefully we'll show him the same kind of hospitality we showed the last bunch of NYers that came down 150 years ago to take our guns away. Minor Thread HiJack:

Uhhhhhh...

Hate to break this to ya - buuuuttttt! Sherman and his boys pretty much did what ever they wanted to, when they wanted to and how they wanted to while taking their Sunday ride thru Georgia. The battles that took place north of Atlanta weren't much more'n a speed bump. All they accomplished was pissin' off Sherman's troops so much they burnt Atlanta down as a thank you for getting in Sherman's way and slowin' down his march to the sunny beaches fo Georgia.

Now to get back on topic: :D

If y'all Georgia boys can't improve on that performance then ya might as well pack them guns up and ship 'em right on up to New York to Bloomberg and his cronies. ;)

Werewolf, you're just rubbin' salt in the wound!!

Second best news I have heard today.

The battles that took place north of Atlanta weren't much more'n a speed bump.
I know this is off-topic, but I must defend the actions of Johnston during the Atlanta Campaign.

Hardly speedbumps, Johnston's tactical withdrawals in the face of overwhelming numbers still led to the Union army taking many more casualties than the Confederates. Having been defeated several times during the fighting, Sherman became impatient and attacked at Kennesaw Mountain, only a few miles from where I was born, and lost a major battle. However, politics being as they are, Jefferson Davis didn't like Johnston's constant withdrawals, even though he was outnumbered 2-1, and had him replaced. The new general, Hood, led a series of useless offensives against a superior force and bled what was left of the Confederate army dry and was forced to flee Atlanta.

If you studied your history a little more, you would know that those battles were hardly speed bumps, and the Union army was lucky that they didn't have to face Johnston the entire Atlanta Campaign, otherwise it may have turned out quite differently.

Hmmm, must be nice, kind of a "I was a straw purchase gang ring leader, but now there is a law, so I'm no longer a straw purchase gang ring leader, even though I was a straw purchase gang ring leader"...

...if any one of this did this we'd be in PRISON...

What a joke!


We would be safe too. No state can pass an ex post facto law due to the Constitution:

Article 1, Section 10
No State shall ....pass any .... ex post facto Law"

Same section that prohibits titles of nobility and emitting of bills of credit by the states.

RobTzu, ya think if I conspired with others, went or sent others to a gunshop (in my own state, never mind another state) and made a serious, concerted effort to perform multiple straw purchases, and this was revealed (even bragged about by the chief conspirator) that I wouldn't be facing federal charges (laws already in place . . .)?????

Li'l Bloomberg got a free pass from BATFE because of his "anointed position."

I hope a couple of civil courts well outside his scope of influence embarrass and impoverish him. Neither is likely; he has too much money and no integrity or honor.

Wasn't Bloomberg the man who said that he didn't know why any law-abiding person would want to own a gun?

Considering that Mr. Bloomberg's bodyguards most certainly carry more potent weapons than pepper spray, tasers, and sling-shots, we can thereby perceive that Mr. Bloomberg is:

A. A self proclaimed criminal,

B. A pompous a$$ who considers his needs for self defense above those of the lowly "citizen" (the idea here is that he's far more important than the average citizen due to his immense wealth and political position, and should thus be afforded the protection of guns), and / or

C. Incapable of logical thought...in other words, a babbling idiot.

Regardless of whether you think Mr. Bloomberg is a criminal, a pompous a$$, a moron, or all of the above, he's most definitely a pathetic fellow who deserves absolutely no respect (or votes, as he'll likely try follow in Rudy's footsteps).

Best news will be when Hizzoner Mayor Li'l Mikey Bloom(ing Idiot)berg gets a lengthy stay in the Hotel Gray-CrossBar....

Li'l Bloomberg got a free pass from BATFE because of his "anointed position."

Of course he did. It ain't right, but it's the truth.
I really do hope that NC, SC, & GA will pass similar laws.
It's not going to put Bloomberg in jail himself, but what it will do, if he ever tries it again, is put him in a position where he's telling his LEOs to break the law.
Hopefully that will snap some New York voters into their senses... but wait, we're talking about people who have no problem with assault troops posted on every corner, so maybe it won't do any good at all.

RobTzu, ya think if I conspired with others, went or sent others to a gunshop (in my own state, never mind another state) and made a serious, concerted effort to perform multiple straw purchases, and this was revealed (even bragged about by the chief conspirator) that I wouldn't be facing federal charges (laws already in place . . .)?????

Li'l Bloomberg got a free pass from BATFE because of his "anointed position."
Don't confuse the Federal government and the BATFE with state governments. While it is perhaps not crystal clear the Bloomberg himself could be charged by the BATFE in the (alleged) straw purchases that were conducted by his henchpersons, there is no doubt that said henchpersons violated Federal law and could be (not to mention should be) arrested and charged. Bloomberg, as their employer and order-giver, should probably be included on the basis of conspiring to violate Federal laws.

But those laws were already on the books. That is unrelated to the VA law that was passed after the stings took place. It is a well-established legal principle that you can't be charged with breaking a law that didn't exist at the time you performed the act. And that's only right. It's bad enough that we have to worry about potentially violating existing laws we don't know about. If we also have to worry about potentially violating laws that haven't even been written yet, civilization may as well hang it up right now.

Another Link to the Story,

http://www.charleston.net/news/2007/nov/20/n_y_mayor_may_have_day_s_c_court22757/

http://i32.photobucket.com/albums/d9/RWLambo/Operation%20Lambo/newslede_gunshop.jpg

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N.Y. mayor may have day in S.C. court
By Glenn Smith (Contact)
The Post and Courier
Tuesday, November 20, 2007


Circuit judge rules pawnshop owner can sue over gun sting

New York City Mayor Michael Bloomberg soon could find himself in a Berkeley County courtroom defending his decision to brand a Summerville pawnshop "a rogue gun dealer" that contributed to Big Apple violence.


Circuit Judge Roger Young ruled Monday that Larry Mickalis of Mickalis Pawn Shop can sue the mayor and New York City in S.C. courts for slander, fraud, conspiracy and emotional distress.

Mickalis alleges that the mayor and his representatives damaged his business and reputation by trying to falsely paint him as a nuisance gun dealer involved in illegal weapon sales.

Mickalis' lawyers, Justin Kahn and Carl Pierce, called Young's ruling a huge victory in their effort to clear Mickalis' name. They hope to travel to New York within 45 days to take depositions from Bloomberg and others involved in the case, they said.

"We're extremely pleased that Michael Bloomberg and the city of New York are going to have to account for their actions in front of a jury in South Carolina," Kahn said. "They have not shown us any evidence that Mr. Mickalis was involved in anything. They just engaged in a PR campaign that basically destroyed his good name."

Mickalis was one of 15 gun store owners across the country that Bloomberg sued in May 2006 for allegedly allowing guns to be sold illegally, contributing to violence on New York's streets. No fewer than 49 guns sold at Mickalis' shop were used in New York City crimes between 1994 and

2001, Bloomberg's federal lawsuit contends.

Mickalis denied breaking the law and filed a fraud and defamation suit against Bloomberg, the city of New York and various investigators working on the city's behalf. Mickalis contends that New York did shoddy undercover work in trying to prove he didn't follow gun-sale requirements.

Connie Pankratz, deputy communications director for the New York City law department, said Monday that a federal judge already has found that the city has demonstrated its claims against the gun dealers "with a high degree of probability."

"We look forward to presenting these facts in court," she said.

The city's lawyers tried to quickly torpedo Mickalis' lawsuit, arguing various issues of procedure, jurisdiction and immunity. Among other things, they argued that Mickalis failed to follow New York's municipal procedures for filing legal claims. They also contended that Bloomberg couldn't be sued as an individual in South Carolina because he was acting in his official capacity.

In a 36-page decision, Young brushed aside those arguments. He determined that Bloomberg and the city went after South Carolinians on their home turf and cannot now try to hide behind New York's municipal filing laws to shake off a lawsuit.

Young also ruled that Bloomberg could be sued as an individual because his alleged actions appear beyond the scope of his office. The defendants provided nothing to show that the mayor of New York has the power or authority to conduct civilian sting operations against federally licensed firearms dealers in South Carolina, the judge said.
~Snip