Antonyuk v. Nigrelli - Supreme Court Will Rule On States Defying Its NYSRPA v. Bruen Decision

[LiveLife]

What a load of @#$%. Too bad those politicians in NY can't be jailed for deliberately violating the Constitution.

Now that the Alabama Legislature has joined the Liberal states in ignoring Supreme Court rulings, isn’t this going to just turn into a free for all? Does the Supreme Court have any way to enforce it’s rulings?

What we are seeing unfold is the same thing that happened for First Amendment with Supreme Court continuing to rule different states' anti-1A laws unconstitutional until permanent enforcement was placed by federal/state laws - https://en.wikipedia.org/wiki/List_...eme_Court_cases_involving_the_First_Amendment

While slow and frustrating, same will happen for Second Amendment with states continuing to write/pass anti-2A laws and Supreme Court ruling them unconstitutional (Heller, Caetano, Bruen, etc.) until permanent enforcement is placed by the way of federal/state laws.

Why will permanent enforcement happen for the Second Amendment?

Because the Second Amendment is not a "second class right".

 

[DoubleMag]

Does the Supreme Court have any way to enforce it’s rulings?

answered in post #38

 

[daverich4]

answered in post #38

I don’t see what lawyers getting disbarred has to do with this. It’s the legislators of Alabama, California, New York and other states that are ignoring the rulings, not specific lawyers.

 

[LiveLife]

CRPA attorney Chuck Michel discuss various California 2A cases

• Miller (Assault Weapon), Duncan (Magazine), Rhode (Ammunition), Fouts (Billy club) cases pending district judge Benitez ruling (Any day now) [Rupp case also deals with AW ban]
• Bruen case ruling sent cases back down for reconsideration under Bruen mandate of "text and history"
• Judge Benitez is nearing retirement and has some eye/vision issues BUT he is reading everything carefully (Apparently apologized for slowness in ruling)
• Slowness of cases progressing through the courts is frustrating but the cases being sent back for reconsideration was due to Bruen ruling
• Cases moving up through the courts may not go through the "En Banc" process and go straight to Supreme Court
• Billionaire Bloomberg is funding lawyers "spoon feed" states to continue writing anti-2A laws
• There is no historical analogue of gun ban other than prohibiting slaves/native Indians but these racists laws have been banned
• At 17:40 minute of video, Chuck clarifies Bruen's "text and history" mandate and burden of proof shifting to the states
• At 19:35 minute of video, Chuck explains "same thing happened for First Amendment ... and cases resolved faster and faster"
• At 22:40 minute of video, Chuck discuss effects of Bruen ruling
• At 26:30 minute of video, Chuck explains difference between Supreme Court "changing" Roe v Wade ruling and 2A cases due to Bill of Rights (Abortion is not in the BOR, "living constitution" unless "We the People" add it to the BOR)
• At 29:00 minute of video, Chuck talks about First Amendment in 2023
• At 33:40 minute of video, Chuck outlines positive progress/winning of cases due to Bruen ruling

 

[LiveLife]

Bruen ruling in June of 2022 eliminated the "two step" approach and mandated "text and history" approach for 2A cases.

8/4/22 Associated Press article outlined fallout of Bruen ruling - https://www.thehighroad.org/index.p...-aw-magazine-ban.905531/page-10#post-12427677

AP News: “After Supreme Court ruling, it’s open season on US gun laws” - https://apnews.com/article/gun-viol...ngs-politics-f919b74dc95062f322389349f35c0e93​

• ... Justice Clarence Thomas said ... should only weigh whether the law is "consistent with the Second Amendment’s text and historical understanding." ... "Basically, the Supreme Court has given an invitation for the gun lobby to file lawsuits against virtually every gun law in America"
• ... The Supreme Court ruling "threatens" gun control laws across the country on everything from bans on AR-15-style guns to age limits
• ... “The gun rights movement has been given a weapon of mass destruction, and it will annihilate approximately 75% of the gun laws eventually" - Evan Nappen, a New Jersey gun rights attorney
• ... “Supreme Court has given an invitation for the gun lobby to file lawsuits against virtually every gun law in America" - Jonathan Lowy, chief counsel and vice president at Brady, the gun control group

7/19/23 Los Angeles Times article outlined even more grim future for gun laws - https://www.thehighroad.org/index.p...-aw-magazine-ban.905531/page-13#post-12675699

Gun control laws in California and beyond in peril as Supreme Court expands 2nd Amendment - https://www.msn.com/en-us/news/crim...preme-court-expands-2nd-amendment/ar-AA1e4nNy​

• ... justice Thomas said the court should focus strictly on the "text and history" of the Constitution when considering the legality of gun control laws ... when facing a gun rights claim, "the government must affirmatively prove" the restriction is "consistent with this Nation's historical tradition of firearm regulation."
• Justice Thomas opinion has "... opened the floodgates for new challenges to just about every gun safety law on the books."
• Also at stake are bans on assault weapons and large-capacity magazines and a variety of other gun control measures in California and other blue states.
• Key questions for the court will be how far individual 2nd Amendment gun rights should go and what type of weapons are protected
• On June 30, Supreme Court agreed to hear the case of United States vs. Rahimi in the fall ... Justice Thomas opinion had made it very difficult for prosecutors to defend modern gun laws such as those dealing with domestic abuse because there were no such laws in the 18th century
• U.S. District Judge Carleton Reeves, an Obama appointee, said his duty was to follow the law ... "The standard announced by the Supreme Court in Bruen is the law of the land. It must be enforced. Under that standard, the government has failed to meet its burden," he wrote in U.S. vs. Bullock. "The federal felon‐in‐possession ban was enacted in 1938, not 1791 or 1868 — the years the Second and 14th Amendments were ratified."
• ... government had pointed to no evidence "from either era supporting the categorical disarmament of tens of millions of Americans who seek to keep firearms in their home for self‐defense."

And now, 7/28/23 Politico article outlines continued fallout of Bruen ruling.

Clarence Thomas Created a Confusing New Rule That's Gutting Gun Laws - https://www.politico.com/news/magazine/2023/07/28/bruen-supreme-court-rahimi-00108285​

• A law professor tracked every federal court case citing Bruen and found more than a dozen state and federal laws have been invalidated in whole or in part since the Bruen decision.
• 30% of civil cases and nearly 4% of criminal cases that have cited Bruen have resulted in the invalidation of gun control provisions, among 284 total decisions addressing 2A claims which outpaced affect of 2008 Heller decision which endorsed an individual right to bear arms irrespective of service in a militia.
• What makes Bruen so impactful on lower courts is new test of "text and history" mandated by justice Thomas, “the government must demonstrate that the regulation is consistent with the Nation’s historical tradition.”
• Now the Supreme Court has agreed to hear another Second Amendment case, United States v. Rahimi, which will determine whether people under domestic violence restraining orders can own guns — and test just how far the court is willing to go to expand Second Amendment rights.

 

[LiveLife]

Update to Gazzola v Hochul (NY CCIA affecting ammunition/FFLs/gun shops) - https://www.thehighroad.org/index.p...-v-bruen-decision.913941/page-2#post-12622854

Anthony Miranda discuss NY CCIA cases focusing on Gazzola v Hochul with petition for a writ of certiorari to the Supreme Court:

• District court denied requests for Temporary Restraining Order (TRO) and Preliminary Injunction requests (PI)
• 2nd Circuit also denied requests for TRO/PI
• Other cases made their way up to the 2nd Circuit:
  • Antonyuk v. Nigrelli (NY CCIA defiance to Bruen ruling)
  • Hardaway v. Nigrelli (NY places of worship carry ban)
  • Christian v. Nigrelli (NY sensitive location carry ban)
  • Spencer v Nigrelli (NY places of worship carry ban)
• When Antonyuk v. Nigrelli was appealed to the Supreme Court, justices ruled to allow cases to work their way through the judicial system and justices Alito and Thomas described Supreme Court's action as procedural "rather than expressing any view on the merits of the case." and noted that other challenges to the state's law are currently on a fast-track in the 2nd Circuit and invited plaintiffs to return to the Supreme Court if that appeals court does not expedite the proceedings in their case as well.
• In their petition for the Supreme Court, plaintiffs for Gazzola v Hochul argued that when district court and 2nd Circuit denied requests for TRO/PI, they did not properly apply the Bruen mandate of "Text, history and tradition" requirement
• Plaintiffs cited judge Benitez ruling with judgement for Rhode v Bonta (CA ammunition ban) as proper application of Bruen ruling where CA attorneys failed to produce "analogous" historical evidence of regulation to CA ammunition ban - https://www.thehighroad.org/index.p...ition-restriction.907903/page-2#post-12821967
• Plaintiffs argued without ammunition, "right to bear arm" is meaningless and NY failed to produce historical evidence of ammunition ban (Bruen shifts the burden of providing historical evidence to the state)
• Since the petition for the Supreme Court is interlocutory (While the case is still going through the court system) in nature and Supreme Court has refused to intervene in other 2A cases (To allow them to go through the judicial system), but two prior petitions were on emergency basis and this third petition is under petition for a writ of certiorari so there may be some difference
• If the Supreme Court decides to intervene and rule on Gazzola v Hochul, ruling would certainly affect Rhode v Bonta which is at the 9th Circuit
• Since the justices invited plaintiffs to return to the Supreme Court if appeals court does not expedite the proceedings for Antonyuk v. Nigrelli, there may be a related consideration for Gazzola v Hochul

BREAKING!!! Supreme Court Ruling To End All Second Amendment Ammo Restrictions Put In Motion!

In this video I break down a critical case dealing with ammunition restrictions that is now back in front of the Supreme Court!1stPhorm: www.1stPhorm.com/arm...

www.youtube.com

 

[jstert]

in a constitutional america the usdoj civil rights division would be all over ny for abrogating the 2a there.