In case you were wondering, it looks like the law NYPD was accused of violating has a "but guns" exception, so they can continue using this allegedly discriminatory practice when deciding which New Yorkers have 2nd Amendment rights: codes.findlaw.com/ny/criminal-pr…
The opinion in this case: iapps.courts.state.ny.us/nyscef/ViewDoc…

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More from @2Aupdates

28 Sep
Judge Benitez: "Well, that's -- that's -- that's the problem. Is that, you know, California's got so many laws and -- you basically have to have a lawyer at your hip in order to know whether when you are handling a firearm you're violating the law and committing a felony."
Benitez said during the Miller trial that "it dawned on [him] that the statute that bans this type of weapon actually discriminates against people of lower income," and they're good to use on the coyotes that are taking out his chickens.
Benitez asks California if there's a better source for the availability of banned-in-CA guns in other states than the companies distributing them. California says a government agency. Benitez asks which one would have that data. California: 🤷‍♂️
Read 41 tweets
28 Sep
"But there’s another major hole in the Kavanaugh conspiracy theory. None of its adherents seem to be able to explain why it would make any sense to bribe him." motherjones.com/politics/2021/…
"Why would anyone illegally funnel money to an individual federal appellate judge? To do what? Reverse an EPA regulation?"
"Dark money in judicial nominations has paid for ads and advocacy—not to help Brett Kavanaugh buy a house he couldn’t afford, in 2006... For that Kavanaugh conspiracy to hold up, someone would have had to have been playing a very long game with utterly unpredictable odds."
Read 4 tweets
24 Sep
BREAKING: Yukutake v. Connors (D. HI): Judge that struck down two of Hawaii's gun registration laws partially denies motion to stay pending appeal. The in-person inspection law is now enjoined and the 10-day expiration law will stay in effect. storage.courtlistener.com/recap/gov.usco…
Regarding the state's argument that there should be a stay because more people will buy guns: "...an increase in gun ownership is a Second Amendment right, and any increase would be tied to the removal of an unconstitutional restriction on Second Amendment rights."
Regarding the scenarios that Hawaii said will happen if people don't have to get their registered guns inspected: "Contrary to Defendant’s suggestion, those three harms are not likely to occur."
Read 5 tweets
22 Sep
"Because the government has the burden, the lack of evidence would cut in favor of Plaintiffs’ challenge. But this case ends early under the Ninth Circuit’s pre-emptive carve-out for longstanding restrictions, described next."
"It also means that a citizen may not bring an otherwise protected weapon, for example an AR-15 rifle, into a school, the Capitol, a courthouse, a church, or other sensitive places where a legislative body has prescribed reasonable regulations."
"If judges accept Young’s invitation to uphold firearm restrictions without further analysis, a longstanding firearm restriction may be left stuck in the past, only because it has not been challenged before the present."
Read 7 tweets
22 Sep
Brian Barnes from Cooper & Kirk arguing for Guns Save Life
One judge asks Deerfield if the law's amendments (to ban the specified guns) is a repeal and replace. Deerfield says it isn't. Judge asks which parts of the original amendment are still intact.
Deerfield claims that it doesn't ban ownership of "assault weapons" because you just have to keep them outside the city.
Read 5 tweets
22 Sep
Those arguments were... interesting, especially at the end
One of the judges asked if Governor Hochul has the same views on guns as Cuomo, saying "she's from Buffalo."
"I appreciate you advising us that we might get reversed. That very comforting."
Read 4 tweets

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