quote:

Originally posted by LHeym500:
The first level of analysis will focus on the NM State’s State of Emergency Statute on two sun parts: 1) does the statute permit the Governor to declare a state of emergency in this specific fact pattern and, assuming 1 is answered in the affirmative, and 2) does the statute permit a governor to do suspend the carrying of firearms when a due state of emergency is declared?

Those questions have to be resolved bf addressing the protection provided by the 2nd Amendment incorporated against the states through the 14th. The New York decision is very wonky. I am actually briefing it now in a criminal possession of a firearm upon school property we are prosecuting. The Fed courts do not know how to apply it because the Opinion requires more than just a Strict Scrutiny analysis.

quote:

Originally posted by jeffeosso:

quote:

Originally posted by LHeym500:
The first level of analysis will focus on the NM State’s State of Emergency Statute on two sun parts: 1) does the statute permit the Governor to declare a state of emergency in this specific fact pattern and, assuming 1 is answered in the affirmative, and 2) does the statute permit a governor to do suspend the carrying of firearms when a due state of emergency is declared?

Those questions have to be resolved bf addressing the protection provided by the 2nd Amendment incorporated against the states through the 14th. The New York decision is very wonky. I am actually briefing it now in a criminal possession of a firearm upon school property we are prosecuting. The Fed courts do not know how to apply it because the Opinion requires more than just a Strict Scrutiny analysis.

prima facia it is a direct violation of the 2a -- one doesn't punish the victims to stop criminals

quote:

Originally posted by LHeym500:
The quickest way to kill this off is through the legislature. Assuming, the body is in session, and can override a veto.

There's no Veto to override, she declared a public health emergency.

Now, that I think about it; a preliminary injunction would be quicker. Those things use be a lot more difficult to get. Now, they seem more default while this stuff works its way through the meat grinder.
The Public Health Emergency Response Act grants the Governor wide discretion a court would be hesitant to interfere with.

quote:

Originally posted by Jefffive:
I don't know if it will run the 30 days or be stricken in Court, and I don't know if it will be extended if it stands, but it will reduce injuries and deaths however long it stays in effect.

All serious research not bought by gun companies shows the same thing: more people carrying equals more people shot. Minor arguments end in gunfire, as do fender benders.

quote:

Originally posted by rabbithabit:

quote:

Originally posted by Jefffive:
I don't know if it will run the 30 days or be stricken in Court, and I don't know if it will be extended if it stands, but it will reduce injuries and deaths however long it stays in effect.

All serious research not bought by gun companies shows the same thing: more people carrying equals more people shot. Minor arguments end in gunfire, as do fender benders.

Most of the shootings are carried out by people that are prohibited from carrying because of past crimes. Their going to carry whether it's legal for them to do so or not.