Dywinski v. State Of New York (SAFE Act Challenge)

Max - thanks for keeping us informed across the various forums. The NY legislature THINKS they have set the way forward for other States across the US to enact frivolous unconstitutional gun ban laws. I believe your father is capable of completely reversing that, perhaps NY will be the first State to have all frivolous gun restriction laws removed, finally bringing the unconstitutionality and violation of civil rights to light!
 
Max - Thanks again for all your efforts and to you and your dad for your presentation and Q&A at last nights SCOPE mtg!!!

A couple of questions:

  1. I am curious about one issue that was raised at the mtg. In addition to the current lawsuit, is there any possibility of a "criminal" case against the gov legislative leaders who "conspired" to violate the "civil rights" of NY citizens"?
  • Is there any possibility of addressing the extremely long wait for pistol permits? At present, in Erie County, people are routinely waiting 12-15 months for pistol permits.

    IMO the current process is extremely "arbitrary and capricious". People in one county may be able to obtain a permit days or weeks while in another county it takes over a year. Also, the decision as to whether one receives an unrestricted or restricted carry permit is totally up to the whim of the judge.
 
There is a line out the door of the pistol permit office every day at the ECCO.

They've hired two more workers just to handle the volume. I can't imagine what the wait time is.
 
I am curious about one issue that was raised at the mtg. In addition to the current lawsuit, is there any possibility of a "criminal" case against the gov legislative leaders who "conspired" to violate the "civil rights" of NY citizens"?
Click to expand...

Is this possible? We've got a guy out here in our state legislature who's tried three times to pass a warrantless search bill for gun owners, and he keeps claiming accident. Would be nice to get him on the stand trying to explain how he did the same thing accidentally three times while avoiding perjury. Which probably means he won't get on the stand.
 
Good evening,

I'm sitting here with six attorneys from the legal team. We're on NY Firearms answering questions about the progress of the lawsuit for at least the next hour and we would like to extend this Question and Answer period to The Firing Line, a forum that is near and dear to my heart.

We've chosen to use TFL for all breaking news on the case, so we're going to be here as well.
 
Thanks Max.

Gentlemen, In all the other national cases, no prelim injunctions were ever granted at the trial level. Given the pressing need here, what do you think the chances are that a MPI would be successful (yes, I'm aware of the criteria that must be met to sustain an MPI)?
 
The legal team replies:

"Placing a probability on the outcome of a preliminary injunction is impossible.

Granted, circumstances in this case are much different than Heller and McDonald.

You can rest assured that we are working tirelessly to see that we get an injunction. Unfortunately, we can not give you a guarantee."
 
I would also wager that it might behoove them to keep a few details under wraps until the time for a hearing. ;)

Thank you, and please thank them, for sharing whatever information they can safely share.
 
For those that don't know, to get a preliminary injunction, there are 3 tests that must be met. 1)The likelihood of winning on the merits; 2) There is irreparable harm being done and 3) That there is no other way to be made whole.
 
Thank you Max, and thank the gentlemen.

That answer was the exact answer I wanted. Any other and I would have been suspicious.

Folks, if you really look and think about the 3 pronged test I mentioned above, no attorney worth his salt could have answered that question. The fact that these gentlemen answered in the way they did, goes not only to their professionalism, but to there honesty.
 
Yes Spats, we have a few things under wraps that aren't coming out for anything. By the way, my father wants to contact you in the next couple days if you're free.
 
Max. it seems that on the national front, folks are not as aware of the ramifications of this case, compared to those in NYS.

If you decide to do this again, a bit of advance notification would go a long ways in getting an audience, if not participation.

If, as a State case, this goes as fast as other State cases that I'm aware of, you might well get to the SCOTUS and it would help the people outside of NYS to understand the issues and implications should this become a national case (since all Supreme Court rulings bind all the lower courts).
 
Al, we're going to do this again, and we're going to put out more advanced notice. Tonight was a test run for us.
 
Test run... Looked pretty good over at NYFirearms. Thanks a bunch Max, and to your guests, thank you all for your time and efforts on this important case.

I know I'll be looking forward to doing this again.
 
I have not seen any of the papers and look forward to doing so. This suit has been filed in state court, right? Why not federal district court? You can bring all the state law claims as pendent to federal constitutional claims. Is state court more hospitable to your claims?
 
Esqappellate, please send me a private message. You can also call the office line any time this week at (716) 202.4301

By the way, if you, or anyone has an urgent question that I have for some reason not been able to answer in a timely manner, my personal assistant Ms. Tribano will be registering here shortly (and over at NY Firearms) to help me keep on top of the questions.
 
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