NY Safe Act Lawsuit Update

[HectorBuckBuster]

15

May

SAFE lawsuit update

stored in: Jurisprudence and tagged:

Here is the latest update on NYSRPA’s lawsuit against the SAFE Act:

• We have filed both a Complaint and an Amended Complaint in the USDC for the Western District of New York.  Our Amended Complaint claims that the SAFE Act is unconstitutional in that it violates the Second Amendment, the Equal Protection Clause, and is unconstitutionally vague.
• Subsequent to the filing of our Amended Complaint, we filed a Motion for Preliminary Injunction asking the Court to Order all defendants to cease the enforcement and prosecution of the SAFE Act.  The Court has not yet decided our request.
• After a hearing to establish a briefing schedule, Judge William Skretny issued a Scheduling Order.  Under the Order, the following deadlines were set: the time for all defendants to file an Answer to the Amended Complaint was stayed until June 7.
• All defendants have until June 7 to respond to our motion for preliminary injunction or cross-move for dispositive relief.
• The plaintiffs have until July 8 to oppose any cross-motion by the defense and/or reply to any opposition to the motion for PI; and the defendants’ time to reply to any opposition filed by the plaintiffs was not decided, but will be addressed by the Court at a later date.
• The Court set August 23 as the next date for the parties to return to court, characterizing this date as a “status conference/hearing date, with emphasis for now on status conference.”
• To date NYSRPA has spent $164,000 on the suit and have received an additional $80,000 from the NRA Civil Rights Defense Fund.

http://www.gunpoliticsny.com/?p=8428

[Doc]

I suppose Cuomo and Company will be using our own tax dollars to fight against us. And they will probably be using the best lawyers that our money can buy.

[burmjohn]

This is just one of many lawsuits against the unsafe act though right?

Sent from my Android.

[Geno C]

I'm sure he will use our own tax dollars to fight this... I just hope this isn't something that will keep getting pushed off and appointed a new court date and dragged out longer then it needs to. I mean no matter howmuch money cuomo has to throw at this, how can he prove what he did was constitutional?

[Doc]

I have to wonder .... is there any real limit as to how much money Cuomo can throw at this? It seems like kind of an unfair fight when he has all there resources of the state at his fingertips and we have to rely on donations. I do believe that if you have unlimited resources, you can defeat just about anything thrown at you. Constitutionality usually comes down to judicial interpretation. So those with the best and most convincing mouthpiece are most likely to win. If you can hire the best and incent them with unlimited amounts of money in order to get their best efforts, it may not be an exaggeration to say that it is a forgone conclusion that you will win. Ever hear the saying "you can't fight city hall"? Well, this is the same kind of thing only it is an entire state we are taking on. I hope I am wrong. Perhaps there are still some judges that can see how money is affecting the case and cut through all the B.S. to come up with a decision based on real logic and law. I really hope so. But I have to admit that I am a bit pessimistic.

[burmjohn]

If you have some time, here is a good read: http://www.scribd.com/doc/141696938/130514-Sheriffs-SAFE-Amicus