SAF sues Westchester County, NY to block "good cause" requirement for CCW

[Sportstud4891]

I'm sitting and watching the game of "Bring down the houses of cards" right here at Maryland Shooters, with play by play being called by Patrick, Mark, Al Norris, and many others. Thanks guys!

No kidding. It keeps me updated whereas I wouldn't have a clue where to look or understand what's going on. I second that thanks!

 

[fightinbluhen51]

Yes. Our own Woollard case had a change in judge for what we presume to be scheduling reasons; and Palmer in DC was reassigned after the chief judge of that district realized they could not complete it in due time. So the Chief Justice of the Supreme Court was asked to reach out of circuit and find someone else to sit in.

It happens. The federal court system is seriously bogged down. Justice Roberts - who is in charge of the whole system - has been pushing Congress to fill existing openings quickly and to consider creating new judges in some circuits. There is also talk of splitting the Ninth because of its enormous size - it is the largest circuit in the US and handles a great number of cases.

I would hope though that he could at least convince congress to wait until after the :turd: in the White House currently is gone before creating more bench positions.

 

[fightinbluhen51]

I like the thread analogy.
I also look at the current situation like a house of cards. The "house" was built as far back as the early 1900's. States like MA, IL, CA, NY, NJ, MD and others embraced gun control, and built their houses of cards, then, defended them via their in-state lower court system, backed by a fairly liberal higher federal system, starting when FDR appointed the first large batch of liberal activist judges.

Fast Forward to today. These houses of cards don't necessarily have to be dismantled in the order the cards were placed. As we know, pull the right card, and the entire house caves in.
However (caveat) there is a certain direction we want this house of cards to fall, so there are cards we knowingly stay away from pulling. Not that they are complete show stoppers, but they could delay the finality of the game by months or years. We all prefer it's done in the most efficient way possible.

And there is not just one house of cards, each state has their own, and the feds have a few of their own. It's a whole neighborhood built of card houses.

Our heroes, such as Gura, are the maestros we entrust to pull the proper cards, in the correct order, so as to facilitate the best outcome.

Currently there are numerous card houses that are teetering badly. If one falls, like our own Woollard or Williams cases, or some of the others nationally, it may likely fall into another card house, which will bring it down, and so on. Sometimes a card is pulled and nothing happens, other times (Heller) a card is pulled and an entire card house comes crashing down. Each one of these cases we watch has huge potential.

Sometimes these analogies are the only way I can wrap my head around the entire enchilada.

I'm sitting and watching the game of "Bring down the houses of cards" right here at Maryland Shooters, with play by play being called by Patrick, Mark, Al Norris, and many others. Thanks guys!

Can we rename this game to "Constitutional Card House Dominoes?" Points are awards per the highest court victory being 3, circuit 2, district 1, with a bonus structure for cases of Constitutional Importance being the "pick 6, turnover" and worth like 100?

So, the score is like 208 to something like 30 for the bad guys.

 

[Patrick]

Can we rename this game to "Constitutional Card House Dominoes?" Points are awards per the highest court victory being 3, circuit 2, district 1, with a bonus structure for cases of Constitutional Importance being the "pick 6, turnover" and worth like 100?

So, the score is like 208 to something like 30 for the bad guys.

Drinking game...

 

[SkunkWerX]

Drinking game...

I'm IN!!!!

 

[Patrick]

I'm IN!!!!

Too late. I started reviewing Mark's 2A threads with a bottle of Tequila. Took a shot every time a judge said "in the home."

I won. Or lost.

Either way, my pants ended up in a tree somewhere...

 

[NY Transplant]

Too late. I started reviewing Mark's 2A threads with a bottle of Tequila. Took a shot every time a judge said "in the home."

I won. Or lost.

Either way, my pants ended up in a tree somewhere...

you must of emptied that bottle pretty quick!

That reminds me, seen someone this morning with a t-shirt that said "save water-drink tequila.

 

[fightinbluhen51]

Too late. I started reviewing Mark's 2A threads with a bottle of Tequila. Took a shot every time a judge said "in the home."

I won. Or lost.

Either way, my pants ended up in a tree somewhere...

Just as long as there were no dogs involved with said lost pants.

 

[Inigoes]

Just as long as there were no dogs involved with said lost pants.

you do know, they have EMU's in Calvert county

 

[Elliotte]

you do know, they have EMU's in Calvert county

My in-laws living outside, Leesburg, VA, their neighbor has Alpacas.

 

[krucam]

Surprise, surprise.....well, not really.

General Docket
Court of Appeals, 2nd Circuit
Court of Appeals Docket #: 11-3642 Docketed: 09/09/2011
Nature of Suit: 3950 LOCAL QUESTION-Constitutional
Kachalsky v. Cacace
Appeal From: SDNY (WHITE PLAINS)
Fee Status: Paid

Nothing on the CA2 Docket except:

09/09/2011 1 NOTICE OF CIVIL APPEAL, with district court docket, on behalf of Appellant Eric Detmer, Alan Kachalsky, Anna Marcucci-Nance, Johnnie Nance and Christina Nikolov, FILED. [388158] [11-3642]
09/09/2011 2 DISTRICT COURT ORDER, dated 09/02/2011, RECEIVED.[388167] [11-3642]

We should have the SAF Complaint in a week or two, tops....

 

[Norton]

Didn't see this article in the thread, but then again I'm just starting my second cup of coffee.

http://www.law.com/jsp/nylj/PubArti...tates_Concealed_Gun_Law&slreturn=1&hbxlogin=1

 

[krucam]

Just a couple of very procedural type filings (no Complaint in other words) the last few days.

09/22/2011 12 FORM C, on behalf of Appellant Eric Detmer, Alan Kachalsky, Anna Marcucci-Nance, Johnnie Nance and Christina Nikolov, Second Amendment Foundation, Inc., FILED. Service date 09/22/2011 by CM/ECF.[398629] [11-3642]

09/22/2011 13 FORM D, on behalf of Appellant Eric Detmer, Alan Kachalsky, Anna Marcucci-Nance, Johnnie Nance and Christina Nikolov, Second Amendment Foundation, Inc., FILED. Service date 09/22/2011 by CM/ECF.[398636] [11-3642]

09/22/2011 14 SCHEDULING NOTIFICATION, on behalf of Appellant Eric Detmer, Alan Kachalsky, Anna Marcucci-Nance, Johnnie Nance and Christina Nikolov, Second Amendment Foundation, Inc., informing Court of proposed due date 11/09/2011, RECEIVED. Service date 09/22/2011 by CM/ECF.[398714] [11-3642]

09/22/2011 15 DEFECTIVE DOCUMENT,ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, FORMS C AND D, SCHEDULING NOTIFICATION, [11], [12], [13], [14], on behalf of Appellant Eric Detmer, Alan Kachalsky, Anna Marcucci-Nance, Johnnie Nance and Christina Nikolov, Second Amendment Foundation, Inc., FILED.[398874] [11-3642]

09/22/2011 16 FORM D, on behalf of Appellant Eric Detmer, Alan Kachalsky, Anna Marcucci-Nance, Johnnie Nance and Christina Nikolov, Second Amendment Foundation, Inc., FILED. Service date 09/22/2011 by CM/ECF.[399104] [11-3642]

09/22/2011 17 SCHEDULING NOTIFICATION, on behalf of Appellant Eric Detmer, Alan Kachalsky, Anna Marcucci-Nance, Johnnie Nance and Christina Nikolov, Second Amendment Foundation, Inc., informing Court of proposed due date 11/09/2011, RECEIVED. Service date 09/22/2011 by CM/ECF.[399116] [11-3642]

09/22/2011 18 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellant Eric Detmer, Alan Kachalsky, Anna Marcucci-Nance, Johnnie Nance and Christina Nikolov, Second Amendment Foundation, Inc., FILED. Service date 09/22/2011 by CM/ECF.[399119] [11-3642]

09/22/2011 19 FORM C, on behalf of Appellant Eric Detmer, Alan Kachalsky, Anna Marcucci-Nance, Johnnie Nance and Christina Nikolov, Second Amendment Foundation, Inc., FILED. Service date 09/22/2011 by CM/ECF.[399134] [11-3642]

09/23/2011 20 CURED DEFECTIVE , ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, FORMS C AND D, SCHEDULING NOTIFICATION, [15], on behalf of Appellant Eric Detmer, Alan Kachalsky, Anna Marcucci-Nance, Johnnie Nance and Christina Nikolov, Second Amendment Foundation, Inc., FILED.[399208] [11-3642]

09/23/2011 24 NEW CASE MANAGER, Jason Wang, ASSIGNED.[399292] [11-3642]

14 is noteworthy as it seems to imply 11/09/2011 as a due date for...assuming here, a Complaint. No pdf to download with 14.

21-23 are noteworthy in their absence as it messed up a nice linear sequence. I'm bored...


Edit: 17 did have a pdf associated and is attached. Opening Brief on 11/9/2011.

 

[pcfixer]

http://ia600501.us.archive.org/1/items/gov.uscourts.mdd.180772/gov.uscourts.mdd.180772.docket.html

document #46 filed as attachment is
ALAN KACHALSKY, COUNTY OF WESTCHESTER, Defendants.
No. 10-CV-5413 (CS)
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF

For the reasons stated above, I hereby DENY the State Defendants' and the County's Motions to Dismiss, DENY Plaintiffs' Motion for Summary Judgment, and
GRANT the State Defendants' Cross-Motion for Summary Judgment, Although the County has not cross-moved for summary judgment, I hereby GRANT it
Case 1:10-cv-02068-BEL summary judgment sua sponte.

The Clerk of [*106] the Court is respectfully directed to terminate the pending
motions, (Docs. 30, 33, 39, 42), and close the case.

page 17 of the finding.
The Heller Court began the paragraph stating that 'the right secured by the Second Amendment is not unlimited' and, two sentences later, noted prohibitions
on carrying concealed firearms as an example. This clearly shows that the Heller Court considered concealed firearms prohibitions to be presumptively constitutional
under the Second Amendment.

 

[swinokur]

The link points to Woolard

 

[pcfixer]

The link points to Woolard

yes, it does. document #46 filed as attachment is KACHALSKY VS New York.

I was wondering why Gura added this into the Woolard case?

 

[krucam]

yes, it does. document #46 filed as attachment is KACHALSKY VS New York.

I was wondering why Gura added this into the Woolard case?

Gura DIDN'T introduce Kachalsky into Woollard, Defendants (Maryland) did as a Supplemental Authority on 9/8.

Gura DID RESPOND to this Notice of Supplemental Authority on 9/14, saying, "nice, but totally irrelevant."

This WAS discussed in the Woollard thread around Pg174: http://www.mdshooters.com/showthread.php?t=40649&page=174

 

[pcfixer]

Gura DIDN'T introduce Kachalsky into Woollard, Defendants (Maryland) did as a Supplemental Authority on 9/8.

Gura DID RESPOND to this Notice of Supplemental Authority on 9/14, saying, "nice, but totally irrelevant."

This WAS discussed in the Woollard thread around Pg174: http://www.mdshooters.com/showthread.php?t=40649&page=174

Thank You...

 

[krucam]

In the 2nd Circuit, Kachalsky Docket activity since 10/3/11:

10/03/2011 35 NOTE: See lead case, 11-3642, containing complete set of docket entries.[406878] [11-3962]
10/03/2011 36 FORM C, on behalf of Appellee-Cross-Appellant County of Westchester in 11-3962, FILED. Service date 10/03/2011 by CM/ECF.[407508] [11-3962, 11-3642]
10/03/2011 37 FORM D, on behalf of Appellee-Cross-Appellant County of Westchester in 11-3962, FILED. Service date 10/03/2011 by CM/ECF.[407510] [11-3962, 11-3642]
10/04/2011 44 CAMP CONFERENCE ORDER: Type of Conference: Amended Telephonic, Scheduled Date of Conference: 11/03/2011, Start Time: 11:45 AM, endorsed by Stanley A. Bass, FILED.[408113] [11-3642, 11-3962]
10/04/2011 45 CAMP CONFERENCE ORDER: Type of Conference: Amended Telephonic, Scheduled Date of Conference: 10/26/2011, Start Time: 11:45 AM, endorsed by Stanley A. Bass, FILED.[408341] [11-3642, 11-3962]
10/04/2011 47 ELECTRONIC INDEX, in lieu of record, FILED.[413017] [11-3962]
10/05/2011 46 NEW CASE MANAGER, Jason Wang, ASSIGNED.[409125] [11-3962]
10/18/2011 48 NOTICE, for the submission of additional paper copies of the appendix or joint appendix, SENT.[420037] [11-3642]
10/25/2011 49 CAMP CONFERENCE ORDER: Type of Conference: Vacated, Scheduled Date of Conference: 10/26/2011, Start Time: 11:45 AM, endorsed by Stanley A. Bass, FILED.[428017] [11-3642, 11-3962]
11/09/2011 50 BRIEF & SPECIAL APPENDIX, on behalf of Appellant-Cross-Appellee Eric Detmer, Alan Kachalsky, Anna Marcucci-Nance, Johnnie Nance, Christina Nikolov and Second Amendment Foundation, Inc. in 11-3642, 11-3962, FILED. Service date 11/09/2011 by email, CM/ECF. [443302] [11-3642, 11-3962]

Fairly routine with the exception of #50. Today is the opening salvo in CA2 with SAF/Gura's Opening Brief....which is attached.

 

[Recoil45]

Thanks for the update.