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av8r1998

(265 posts)
2. No ... not a big deal one way or another
Thu Mar 14, 2013, 09:12 AM
Mar 2013

NYS Supreme Court is a trial court.

The Apellate Division of the Supreme Court is the original Appeals Court... IIRC everyone (except a prosecutor) has a right to 1 appeal to the Apellate Division.

NYS Court of Appeals is the Highest Court, but much like SCOTUS, they decide what they hear and what they don't

In any case, the law (and order to show cause) wasn't related to a gun ban... it was related to how the gun ban was passed, which they contend violate's NYS constitution.

This was much to do about nothing as NYS does not have a RKBA enumerated in their constitution as many states do, and the Constitutionality of the law itself was not questioned.

A constitutional challenge to the LAW would be a challenge via the 2nd Amendment to the Federal Constitution in Federal Court.
This has not happened.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Not a judicial issue? iiibbb Mar 2013 #1
Not really sure it is... av8r1998 Mar 2013 #3
No ... not a big deal one way or another av8r1998 Mar 2013 #2
Thanks! nt jmg257 Mar 2013 #4
Yeah... a lot of people get this confused... bobclark86 Mar 2013 #5
my bad! av8r1998 Mar 2013 #6
It's all good, man :) bobclark86 Mar 2013 #7
Latest Discussions»Issue Forums»Gun Control & RKBA»Pretty big deal? NYSSC de...»Reply #2