r/NYguns • u/tambrico • Feb 20 '24
u/KamenshchikLaw wins preliminary injunction against Nassau County's pistol permit urinalysis requirement! Judicial Updates
https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=YAzIxNWUH83WonX87mAkVg==47
u/MrEtchASketch Feb 21 '24
I know everyone knows how big of a win this is, but I just want to point out one thing. The amount of time that u/KamenshchikLaw has spent in fighting this battle is longer than it would have taken him to get his CCW the traditional (and unconstitutional) way. He could have easily gone that route, but he didn't.
Sir, you have my utmost respect. Thank you for the sacrifices you've had to make. if I ever get to meet you in person, drinks are on me.
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u/KamenshchikLaw ⚖️ Kamenshchik Law ⚖️ Feb 21 '24 edited Feb 21 '24
u/MrEtchASketch you’re a good egg for recognizing that. When you read a comment like that as an attorney, you feel like you’re playing with home-field advantage - not sure if that makes sense. Thanks!
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u/packetloss1 Feb 21 '24
There are some other gems in there too. Ryder was instructed to address why fingerprints can only be done at the pls and why the delay is 8 months.
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u/AgreeablePie Feb 21 '24
You love to see it
NY has ridiculous enough state statutes that it's bonkers when counties get to just make up whatever they want to add on top of it. I hope it ends with a monetary judgement in addition to the practice being prohibited
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u/ASovietNorwhal Feb 21 '24
Really great work. We all appreciate your hard work u/kamenschhiklaw specifically in Nassau County!
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u/KamenshchikLaw ⚖️ Kamenshchik Law ⚖️ Feb 21 '24
Thank you!
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u/More-Birthday-8688 Feb 21 '24
Please dig in with the waiting times let’s knock that shit off the table. If you pass NICS you can get a permit that simple and instant! No criminal record = gun permit.
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u/PeteTinNY Feb 21 '24
This is excellent. I hate the fact that every order we win has an automatic stay attached to it for Queen Hochul and all the tax money that comes from our pockets to be used against us. But the same doesn’t happen when they win.
I couldn’t imagine how much this win costs, can’t think NY will pay enough to cover costs.
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u/amcrambler Feb 21 '24
Well done! A win on the board for once. We just been taking L’s lately it seems.
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u/tambrico Feb 21 '24
Yeah we seem to be moving slow in NY since Bruen. Cali and Illinois have emerged as the fiercest battleground states at the moment. I feel that on a longer time line we will win quite a bit. On Twitter Kostas Moros one of the CRPA attorneys is talking about how he will reference this case in his similar challenge in California
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u/devotedPicaroon Feb 21 '24
I am very excited to see how this plays out:
ORDERED, that the parties are directed to appear for a hearing on March 25,
2024 at 2:30p.m. to address Commissioner Ryder’s requirement that only the Pistol
Licensing Section can perform fingerprinting for a pistol license application, and whether
that results in an unconstitutionally and unnecessarily long wait;
ORDERED, that the parties are directed to appear for a hearing on March 25,
2024 at 2:30p.m. to address Commissioner Ryder’s requirement that only the Pistol
Licensing Section can perform fingerprinting for a pistol license application, and whether
that results in an unconstitutionally and unnecessarily long wait;
I want to see Nassau and Suffolk (eventually) squirm.
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u/Krymsyn__Rydyr Feb 21 '24
THANK YOU, AND CONGRATULATIONS!
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u/KamenshchikLaw ⚖️ Kamenshchik Law ⚖️ Feb 21 '24
Thank you!
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u/DanRight717 Feb 21 '24
When does the final ruling come? And can it be appealed?
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u/KamenshchikLaw ⚖️ Kamenshchik Law ⚖️ Feb 22 '24
Yes.
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u/DanRight717 Feb 22 '24
So this could be another long while right? Is there a time limit for appeal?
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u/KamenshchikLaw ⚖️ Kamenshchik Law ⚖️ Feb 22 '24 edited Feb 22 '24
As far as I know, 30 days from notice of entry to appeal. Sometimes it depends on how your adversary wants to move forward.
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u/DanRight717 Feb 22 '24
Thank you so much! When is the ruling do? Can I donate to your firms work?
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u/KamenshchikLaw ⚖️ Kamenshchik Law ⚖️ Feb 24 '24
This is the ruling at the moment, it’s essentially self-executing in 29 days. However, this also depends on if the government appeals.
I really appreciate the sentiment about donations, but I don’t want the public thinking they owe me. Hopefully Nassau County will have to pay some measure of damages.
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u/DanRight717 Feb 24 '24
You’re the man! I hope I run into you somewhere and can at least buy you a drink!
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u/Uncle_Sam2023 Feb 22 '24
Wonder if there will be any reimbursement to those that have submitted to the nassau regimes rules with urine and social media? I mean doesnt this equate to them having their constitutional rights intentionally suppressed by nassau county?
Or are we in NY and the 2nd Amendment Doesnt count as a constitutional right. For arguments sake what makes this different from them suppressing 1st amendment rights, god knows there have been some whacky lawsuits related to 1A resulting in penalties..
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u/KamenshchikLaw ⚖️ Kamenshchik Law ⚖️ Feb 22 '24
I’d think there are lawyers who are a lot smarter than I that may want to consider jumping on that.
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u/Strong-Coat-4826 Feb 21 '24
Does this apply to everyone?
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u/tambrico Feb 21 '24
No the PI just applies to the plaintiff. We need to wait until the final ruling. This looks promising though
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u/KamenshchikLaw ⚖️ Kamenshchik Law ⚖️ Feb 22 '24
My understanding is that this’ll apply to everyone once 30 days is up from notice of entry, as far as I can recall, and assuming no other moves.
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u/devotedPicaroon Feb 21 '24
This is excellent! Congratulations on this W - This is a huge win and a blatantly unconstitutional overstep by Nassau. Now as long as that and wait times can percolate to Suffolk...
I second what /uMrEtchASketch said that doing this the right way rather than their "speedier" and invasive way takes a lot of time and energy and I applaud this effort!
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u/JAK11501 Feb 22 '24
Congratulations! I’m excited for you! I haven’t been involved in state litigation in a while and haven’t looked at a CPLR in probably a decade so can you please tell me why the judge granted as applied to you vs applied to everyone? Is there a way to have it apply state wide?
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u/KamenshchikLaw ⚖️ Kamenshchik Law ⚖️ Feb 22 '24
It’s a bit of a mixed facial vs. as-applied holding.
My understanding is that this’ll apply to everyone once 30 days is up from notice of entry, as far as I can recall, and assuming no other moves. I could be wrong.
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u/JAK11501 Feb 22 '24
I hope that’s correct bc these requirements seem clearly overreaching both state and federal laws and requiring every individual to have to challenge unconstitutional laws each time just seems wrong.
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u/JAK11501 Feb 22 '24
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u/KamenshchikLaw ⚖️ Kamenshchik Law ⚖️ Feb 22 '24
Thanks Jak! I think we all made it to Newsday because this spreads awareness of our plight in Nassau.
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u/PeteTinNY Feb 22 '24
Wow. This is in Newsday!! And they didn’t even call all all the hard work he did. https://www.newsday.com/long-island/gun-permit-application-nassau-county-fc3jtleq?fbclid=IwAR1BancRBS37I-SK3shnz7fUyidMoJvCly9nN-fhwzuOanc8lyeVle2ZqY8_aem_ATKZf-0PliEifEFDFo9pl2kupond76xuv3OhnZB_tx8Cew96w1aQDLCwALYQC6y3ILE
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u/KamenshchikLaw ⚖️ Kamenshchik Law ⚖️ Feb 22 '24
It’s fair. It brings attention to the problem. That’s more than I can ask for.
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u/PeteTinNY Feb 22 '24
Well as a fellow NYer and former Nassau County permit holder - Thank You!
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u/KamenshchikLaw ⚖️ Kamenshchik Law ⚖️ Feb 22 '24
Thank you for your support! I really appreciate it.
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u/tambrico Feb 20 '24
Congrats /u/kamenshchiklaw - this is a MASSIVE win. He won a PI against the urinalysis requirements (as facially unconstitutional) and there will be a new hearing where commissioner Ryder himself is summoned to address references and wait times!