New York Governor Hochul Is Caught Between A Rock & Hard Place

Opinion

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New York – -(AmmoLand.com)-

“The liberties of our country, the freedoms of our civil Constitution are worth defending at all hazards; it is our duty to defend them against all attacks. We have received them as a fair inheritance from our worthy ancestors.” ~ Samuel Adams, American Statesman, and Founding Father

New York Governor Kathy Hochul has now responded to Justice Sotomayor’s “Response to application (22A557) requested by Justice Sotomayor, due by 4 p.m. (EST), Tuesday, January 3, 2023”.

Justice Sotomayor will act, but she won’t act on her own. Likely, she can’t act on her own. The entire Court must resolve the matter, and it will resolve the matter.

And the High Court will utilize New York’s own “Four-Factor” standard, devised by the New York Federal Courts, to ascertain if a Preliminary Injunction (PI) is warranted or not.

Applying New York’s own test, the High Court will determine whether to lift the stay or retain the stay on enforcement of the Concealed Carry Improvement Act (CCIA) during the pendency of a final decision on the Preliminary Injunction.

In either event, the case will be returned to the Second Circuit for the ultimate resolution of the Preliminary Injunction.

Likely the High Court will find the District Court’s ruling, granting the Plaintiffs’ Preliminary Injunction, warranted and will order the Second Circuit to stay execution of the CCIA while the Second Circuit hashes out the substantive merits of the case.

One might think the Second Circuit would find against the Plaintiffs, on the merits, given the Court’s animosity toward the Second Amendment as illustrated in its decision on the District Court’s granting of the Preliminary Injunction. But will it do this? Suppose it does. What then? Plaintiffs will immediately appeal the adverse decision to the U.S. Supreme Court. And the U.S. Supreme Court would take the case up. There is no doubt about that.

The U.S. Supreme Court would take the case up because Antonyuk vs. Nigrelli directly affects the High Court’s earlier decision in NYSRPA vs. Bruen. That is something neither the New York Hochul Government nor the Second Circuit would want. For, the High Court would find that the CCIA, either in full or in substantial part, does not comply with the High Court’s Bruen rulings. The High Court would thereupon strike the CCIA down.

This would place Hochul Government in a much worse position than when the Bruen rulings first came down on June 23, 2022.

Hochul should not have toyed with the High Court, pretending to comply with the Court’s Bruen rulings, all the while machinating to constrain further and constrict the exercise of the citizen’s right to armed self-defense.

But Hochul thought she knew better. She didn’t. Instead, she stuck her foot well down her throat, and it remains.

And, once the High Court finds the CCIA unconstitutional, it could go one step further, finding the entire New York concealed handgun carry licensing structure unconstitutional.

This is something it avoided in NYSRPA vs. Bruen. But, given Hochul’s contemptuous attitude toward the High Court, the gloves are off. The Court could and will take the Hochul Government to task.

Strategically, then, to assist the Government, the Second Circuit would do well to find for the Plaintiffs, issuing a Permanent Injunction against enforcement of the CCIA. The Hochul Government wouldn’t dare appeal a seemingly adverse decision. That would be disastrous not only for New York but for many other jurisdictions around the country, including New Jersey, Illinois, California, Maryland, Oregon, and Washington State, among others.

Ultimately New York will have to revert to the original Gun Law, in substantial part, albeit without the “Proper Cause” requirement and without the other mischief it devised in constructing the CCIA.

The Government will be compelled to issue a lot more concealed handgun carry licenses. It would be a bitter pill for the Government to swallow. But, at least, the Hochul Government will be able to keep intact some semblance of the State handgun licensing scheme, which it desires to preserve at all costs.

Can Hochul do anything else, if not juridically, then politically to constrain New Yorkers from exercising their Second Amendment right? She can rant and rave to the Press, of course, which she will do anyway.

She could take her complaint to the Grand Harlequin in Chief, Joe Biden.

But what the Hell can Biden do for her? Not a damn thing unless his Administration is prepared to declare martial law, arguing the U.S. Supreme Court and the Bill of Rights are now both defunct.

This would lead to armed conflict throughout the Country. That is a dead certainty.

The Administrative State, although powerful, isn’t omnipotent even if it thinks it is and even if many of the brainwashed legions of Americans think so, too.

For, here, in our Country, unlike in the EU, in the Commonwealth Nations, or in CCP China, Americans are well-armed, tens of millions of Americans, and Americans have substantial ammunition to prevent a Globalist/Neo-Marxist Counterrevolution from overturning the American Revolution of 1776.

History, morality, and the law would all be on the side of America’s Patriots to take up arms against forces intent on thrusting a Neoliberal Counterrevolution on the Nation.

A declaration of martial law where no legitimate reason exists for invoking it—and there is none—irrefutably points to immoral and unlawful tyranny of Government.

The Biden Administration would be openly guilty of this: launching tyranny of Government in the form of an illegal oligarchic conspiratorial takeover of the Government against the American people.

Recall that Justin Trudeau declared martial law in Canada for a short time.

Canada has nothing remotely like a true Bill of Rights to secure freedom and liberty for ordinary Canadians. Still, even that jackass was forced to back down, given a backlash in the Canadian Parliament. But he has learned from his earlier mistakes. He has since insinuated martial law in Canada incrementally, insidiously, beginning with a total ban on civilian possession of handguns. Further actions against liberty and freedom will be forthcoming. Wait and see.

So much for Canada. And lots of luck, you Canadians!

But for us Americans, we should focus on Antonyuk vs. Nigrelli. Where is that case headed in the immediate future?

The High Court will issue its order, sending the case back to the Second Circuit but likely reaffirming the District Court’s grant of the PI, staying enforcement of the CCIA during the pendency of the case. That is our prediction. And that benefits Plaintiffs from the get-go. Time is on their side. However long the Second Circuit takes, the CCIA will remain suspended.

We also predict as we stated, supra, that the Second Circuit will affirm the District Court’s findings on the Plaintiffs’ PI and convert it to a Permanent Injunction against enforcement of the CCIA, in full or in substantial part.

The Second Circuit will take that seemingly paradoxical action to salvage for the Hochul Government what it can of New York’s concealed handgun licensing structure. Otherwise, were the Second Circuit to find against the Plaintiffs, overturning the PI, and ruling the CCIA constitutional, that would serve as a final appealable order just begging for a High Court review of the case on the substantive merits with disastrous consequences for Hochul’s Government.

So, the Hochul Government is, ultimately, in a quagmire, it cannot extricate itself from.

And Hochul herself can’t do a damn thing about it except beat her chest, screech, and howl to the winds. And she has only herself to blame for this. She should not have toyed with the Bruen rulings, nor should she have poured salt on an open wound, contemptuously deriding the Court for its rulings in the process, as she openly defied the Court.

So, then, the Plaintiffs are in a strong position here to secure and strengthen the natural law right codified in the Second Amendment, even if that isn’t immediately evident.

The Globalist Cabal, both here and abroad, will also moan and thrash about in impotent rage as the Republic may yet survive. The question is: Will the Biden Administration dare impose martial law on the Country in the next couple of years? Not likely. Not that it wouldn’t love to do just that.

But, for all the myriad ways that the Biden Administration has deliberately weakened this Country in the first two years of its reign, reversing Trump’s triumphs, as he has strengthened our Nation, and secured it from threats posed by obvious foes and by dubious friends, the Biden Administration would be out of its mind to attempt confiscation of arms and ammunition on an industry-wide scale.

What argument could the Biden Administration conjure up? Can it rationally claim national security concerns, demanding that stringent measures be taken against those gun-toting “MAGA” Americans, and claiming a desire to protect the public from this thing, “Gun Violence,” even as the Government allows, even encourages, psychopathic criminals and lunatics, to run amok, preying at will on innocent Americans?

Spouting endless harangues against guns and the tens of millions of Americans who cherish their natural law right to keep and bear arms is one thing. Americans are inured to that. It is nothing more than water rolling off a duck’s back.

But, to demand that average Americans forsake their firearms or face the wrath of Government is something else again.

That is a recipe for civil war, the likes of which this Nation hasn’t seen since the War between the Blue and Gray. And it is the Federal Government itself that would bear sole responsibility for lighting that powder keg, unleashing a new horror on the Country for which History would forever justifiably excoriate.


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gregs

the second circuit will have to grant the injunction, otherwise their whole deck of cards will collapse. the state will probably attempt to rewrite the law to moot the claim and to save their concealed carry scheme. buyden wants to declare martial law and confiscate firearms and ammunition but even with his addled brain wouldn’t even attempt this. who would carry out these seizures? no one in the federal law enforcement is stupid enough to do this and there isn’t enough of them to do so. also, after the first seizure there would be such massive backlash against them, if… Read more »

swmft

backlash …….hahahahahahahaha there would be a price on their heads

swmft

we should print it on cards to give to all the illegals to use

Oldvet

swmft… That might be a great weapon against commies , how bout we start with soros !

Bubba

They already are. Probably yours and mine as well.

Oldvet

I might have misspoke that could have been Kristy Noem (sp) I deleted the article , can’t fact check myself .

Jonesy

It was including family.

J.galt

Would there be a “massive backlash”?

or would it more resemble a quiet bleet?

What has become of “Americans”?

Steve

Because we haven’t stormed the Bastille yet? When was Martial law declared like described in the article? I haven’t seen it – have you?

Steve

What I am concerned about is the untimely death, aka assassination of multiple Conservative Justices – orchestrated by those evil slime bags in the alphabet agencies. And with at least 4-5 RINOS and a number of radical Democrats in the Senate – what do you think the SCOTUS would look like then? Remember, Antonin Scalia WAS assassinated in order to keep him from exposing the FISA court illegal acts. The Deep State IS deep. Keep stocking up, identify your priority of targets and know your neighbor’s loyalties.

RayJN

Unfortunately, there is no penalty for continuing to pass laws they KNOW are unconstitutional. Nothing comes out of their pockets; they won’t spend a minute in jail. So, they will continue. With the voting fraud machine working overtime, and all the new voters they are bringing in it will a best difficult to stop them ever. I believe their goal is a total Democrat/socialist/communist dictatorship.

Terry

Gov. Hochul just made the point for the pro gun groups. She said that they have had their disarmament laws in the books for a hundred years. Which meat it was against the law in each of their mass murders to be where the actor was with a gun. Guess what because of that they were the only ones with guns.

How is that working for you NY., with one of the highest homicide rates in the country?

2AGunster

Next to Chicago

Montana454Casull

Tyrant Hochul should try reading an American history book on how we Americans threw the Britts off American soil for the same scheme . She should pack her bags or prepare to get her neck stretched by Patriots if she sparks a civil war with her anti American drivel .

totbs

Do we have the “guts” anymore to do such a thing again, and take care of business?

Rowboat

As in 1776 approximately 3% of the population will have the “guts” to fight. The other 97% ? not so much. The military and police have been comprised, so don’t count on them.

Bubba

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Last edited 25 days ago by Bubba
Bubba

3% = about 12 million gun toting rednecks like myself.

Put that against 1.4 million service members of which I’d say at least 30% flip to the militia. And about 1 million LEOs. Of which I’d say another 30% flip.

We are the USofA. Come and take it MoFo’s!

Steve

You are spot on Bubba – but take that 30% flipping to the militia up to 50% – at least, for both LE and Military. How do I know? 4 Grandsons in the Military – 2 in the Rangers, 1 as an Air Force A-10 pilot and 1 as a weapons man in the Coast Guard. And, with a son who is a Captain in a local big city PD – yeah, they keep me informed.

Steve

Really? Do you really think your local police, and the military are 100% in favor of blasting fellow American citizens – their former schoolmates, neighbors, relatives etc..out of their homes and businesses? Really? And by the way 3% of the population today is now 9,900,000 – in other words, almost 10 times the number of military AND Law Enforcement COMBINED !! With most of those 9.9 million being military or law enforcement veterans – like me.

buzzsaw

One piece of advice my father gave me was, “Never tick off a judge.”

Oldvet

Or the mechanic and especially the boss’s secretary !

Terry

Or your waitress. Lots of things can happen between the kitchen and your table!

Zhukov

How about charging Hocul with civil rights violations.

Tionico

How about felony perjury for swearing her oath of office and refusing to honour it?

Or recall election?

Better yet, both. Get her indicted for the perjury and simultaneously recall.

She’ll then perhaps have at least some of her delusions busted.

Maybe even charge her with treason..her moves to disarm New York easily rise to “making war against the People” she purportedly “governs”.

Ope

Tio, I think there are many RINO’s ,and most (close to 100%) of liberal socialist scum that look at their oath of office as a minor inconvenience required of them to take office so they can violate the oath they just swore to uphold. Until these tyrants are held accountable for their crimes against the US and it’s constitution, nothing will ever change. Recall is OK ,but they need to be tried, convicted and executed (at least sent to prison for life) for these crimes as enemies of the state.

Steve

Why bother with the “tried, convicted” part? Tar, feather, run them out on a rough hewn fence rail! Save us taxpayers a helluva lot of money!

Boz

Was King George caught between a rock and a hard place? Not until We, The People, put him there. Up untiI that point, he continued to do what he wanted, just as Hochul wiII.

Tionico

George the Kid King had delusions of grandeur, thinking HE would unilaterally renege on the Charters granted the thirteen colonies as each one gatherd and sailed to the New World to make their own way. George Three the Kid forgot HE was bound by those Charters just like the individual Colonies were. When George started ordering his Underling in Chief, General Thomas W Gage, to “bring those rebellious colonies into submission” to the tantrums and bossing if His Royal Self and Gage actually started DOING it, that pair did not realise they were poking the Bear in the eye. Three… Read more »

Bill

Sadly, martial law is by no means the only way to launch tyranny. We are now swimming in it, as the situation in New York has attested for a very long time now, and we are not even able to trust that we elect our own leaders any more. The beauty of it, for the tyrants, is that we the people seem unable to do anything useful to stop or reverse it, except to forever spend a fortune to ask legal beagles to please see if they can get us just a few of our rights back, that were taken… Read more »

Oldvet

I heard a little trivia this morning …. nyc is second only to chicago in the nation in having the highest infestation of BED BUGS , must all be demoncraps !

David LaPell

The Dems in New York are not done, not by a long shot. The Dems in Albany have made Deborah Glick, 66th District in Manhattan head of the Environmental Conservation Committee, and one of her main goals is to get lead ammunition banned for hunting in New York. It passed the Assembly last year and was tabled because the Dems thought it would hurt Hochul’s chances. Now they’re going to push it through again and with Glick on the committee, it will be easier for them. This is from Glick’s website. Deborah Glick

2AGunster

What about all the lead weights on tire rims that fall off all over the road. How many vehicles in this nation?

totbs

Don’t give them any more ideas.

Tionico

Been enjoying your long winter’s nap much? THose got banned a few years ago. The new ones are steel or some potmetal alloy. Nowhere near as heavy, thus far more challenging to truly balance the tyres. I have my own tyre machine and whenever I bust off a tyre I ALWAYS snaffle the weights. Not hard to tell which ones are lead. Used to be you could get chummy with the chaps in the work area of a tyre shop and sweet talk them into GIVNG you the five gallon bucket of old weights. They never re-use them. That game… Read more »

totbs

Maybe she’s on to something with the lead leaching into NYC water supply. There’s something terribly wrong with those people. Addled brain function from lead poisoning?

Tionico

Nah.Symptoms are all wrong. Anyone else remember the experiments from a decade or two back, where they let the populations of lab rats increase in their little “cities” in whci they are raised for research…. when their numbers rose to a certain level of crowding the rats began to turn on each other with various forms of violence and “unsocial” behaviour. THAT is what we observe in NYC. Add LA and SF “unhoused people” districts, further confirms the breakdown of civilised society. And Hochul their Queen is behaving more and more like Lewis Carroll’s pluperfect depiction of the Mad Queen… Read more »

Bob

Neutering the 2nd amendment is a bright red line, a “Fulda Gap” for America. Cross over, or through, and the Republic is effectively dissolved. Is that supposed to be controversial? The Biden government is corrupt to the core and is destabilizing our civil society in real time as this is written. He undoubtedly thinks he can order the active-duty military to quell the insurrection, but I know from my long military career, those orders would be disobeyed. I believe a dozen Red State governors, like DeSantis and Abbott, will band together to create opposing armies against the feds using their… Read more »

Last edited 24 days ago by Bob
USCitizen

Excellent article!!!

Coelacanth

She ignores the fact that crime is off the hook and no bail policies return offenders to the streets to re-offend, often with tragic results. She is ignoring the fact that the right to “Keep AND bear arms” actually means that. She thinks a hundred-year-old blatantly unconstitutional law is a sacred right of the tyrant state. She also thinks you don’t have the right of self-defense, especially in her big city where it’s more necessary than ever, to have those means at your immediate disposal. In short, I loved the meltdown and I want to see more of them! Fortune… Read more »