NYSRPA v. Cuomo

Al Norris

Moderator Emeritus
There is a lot of movement in Case #80, New York State Rifle and Pistol Association, Inc. et al v. Cuomo et al. This was the NRA sponsored case filed on March 21st. I honestly hadn't expected to see what I did, today, when I logged onto PACER.

On April 11th, a First Amended Complaint was filed.

Then on April 15th, the Plaintiffs filed a Motion for a Preliminary Injunction. That same day, the Plaintiffs filed a Motion for Expedited Hearing on the MPI.

On April 16th, the Defendants filed a Motion to Extend Time to File an answer to the complaint.

On April 22, the NRA filed a Motion for Leave to File an Amicus Curiae Brief in Support of Plaintiffs' Motion for a Preliminary Injunction. That brief was authored by NRA attorney, Charles Cooper.

On May 14th, another amici in support of the Plaintiffs, Motioned to File. That proposed brief is here. I could tell, by the writing style, that this brief was written by Chuck Michel, of the CA law firm, Michel & Associates. A very, very good read.

It is significant that several NY law enforcement organizations and individuals have signed onto this amicus brief. This particular brief should carry a fair amount of weight with the court.

The court has granted an small amount of time for replies and rebuttals. See the docket for complete information.

A small note. The court here, is apparently treating this matter as a real impediment to the rights of citizens. Things are certainly moving much faster than all the other cases combined. Expect a hearing on the MPI (and any other cross-motions) to be held by August.
 
With the second amici brief on the table, I bet the court is going to move "swiftly".

To do otherwise could raise some unpleasant questions about the court's motivations, objectivity and independence.

I think I will send the cites off to Jerry Brown in CA to see if his interest might be tweaked enough to veto the overreach(s) of the CA State Senate this week.
 
updates

there's been a few updates since the last post so I figured I would put them In.
Round 1 judge decision:
https://www.nysrpa.org/files/SAFE/Buffalo-Court-Decision.pdf
basically 7 round limit is out, and "muzzle brake" is misspelled so it is unenforceable as per precedent, all else stands

nysrpa is appealing the parts they don't like:
https://www.nysrpa.org/files/SAFE/NYSRPA-SAFE-Draft-Appeal.pdf

nysrpa puts up a rough schedule for the appeal:
"Appellant briefs and their replies should be done by mid-August 2014. There may be a CAMP conference in this case as they are common in the 2nd Circuit and are aimed at pre-appeal resolution. Oral arguments in the 2nd Circuit are generally scheduled approximately three months after the briefing is completed"

forgive me if this was no longer the correct thread but it was the one listed in the second amendment case thread that was stikied
 
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