Senator Marchione’s amicus brief

Senator Kathy Marchione has filed an amicus curiae in support of the NYSRPA lawsuit against the SAFE Act.

Both parties are next due in court on September 12.

8 thoughts on “Senator Marchione’s amicus brief

  1. I hope not, but it appears that we may be in for a long hard fight. The issue, in Heller II was that an appellate court (2 commies and 1 good guy) applied a relatively new legal standard called “intermediate scrutiny” to the case (similar to ours). This appears to be nothing more than a “progressive” (commie) bullshit legal trick where our rights under the constitution can be “burdened” if it serves a government interest. Kinda like, if you are a white male, you can be discriminated against (affirmative action) to serve the interest of the collective. Basically, another way they can just take away your rights for the good of the collective (in their opinion). And they are always doing good – LOL. They are everywhere, hard at work subverting everything. I’ve been watching them for 50 years. Joe Mc’Carthy was a hero!

  2. Jacob: I sure hope you guys get this injunction, NYSPRA is paying top dollar for a good lawyer. I hope the lawyer can deliver and make Cuomo and Schinderman look like idiots. I guess the proof will be in the end when the hammer comes down. I can only pray and hope the money didn’t go to waste. Best of luck and success to you sir!

  3. It appears to me that the ballgame here, based on Heller II, will be to convince the judge that strict scrutiny will be applied by SCOTUS. That can be argued by reference to Scalia’s contention that strict scrutiny must be applied BOTH in cases of protected classes and in the case of a FUNDAMENTAL RIGHT. I am sorry to burden your site with all this but I am so appalled by the possibility of losing that I feel compelled to have tried everything possible – even these rants. I am also sending all the money I can afford, and so should everybody else. Also I am a consulting engineer and accustomed to being able to walk in to a place and fix everything. So I apologize for my arrogance, and am sure u guys have a great lawyer. This just makes me feel better. Also, I am stuck in this dump (NY) because of my 90 yr old mother. If not for that, I would load up a truck and be the fuck outa here!

  4. Yet another argument Mr. Holbrook could make is that a semi auto rifle with any “assault style” characteristics is less dangerous then a pistol because the pistol is concealable. This is substantiated by the largest number of casualties as of yet known in the Virginia Tech tragedy, which was perpetrated with a pistol. This would tend to damage NY’s case for “compelling interest”. As an aside, the whole concept of “compelling interest” is such an infuriating fucking fraud that I could barely contain myself when I came to (believing that) I understand it. This was clearly the progressives (commies) confering power unto the court and the legislature (unto themselves) to circumvent the constitution. I do not believe that this power comes from anywhere else. It was concocted by them. Mark Levin has said that we live in a “post constitutional society”. It is organized lawlessness and despotism. The best of luck and success to Mr. Holbrook. May G-d go with him.

  5. EM—–let it ride. If Holbrook is the best 2A in the country, then NYSPRA made the right choice to spear head this law into flames. If not, then SCOTUS here we come! Hopefully it will not go that far and to be quite frank, I am surprised that the state has gone this far with it! I figured they would of compromised or something, it ‘s all gonna come down to the judge and that is the scary part! I guess we will wait and see in few weeks!

  6. Good thing I don’t go to UFC events. Would probably jump in the ring to help my guy – just a joke. OK – the professionals are on it.

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