9.13.2023
8:37 PM: aaaand? Another FFL just e-mailed me about 404 ERROR messages, again, from the NYSP system. I didn’t post all the messages I received today about system errors, but this seemed the way to conclude this first miserable day of the reveal of a data capture for registry system, disguised as a “background check.”
7:17 PM: Just a quick note, in case you check in before trying to unwind this evening. We didn’t receive a ruling today from Justice Thomas. We’re still on his desk, along with any colleagues he may have brought into the discussion.
I had a few questions today about process. Let me just do a quick recap. When an attorney files an “application” (more commonly referred to in state court, e.g., as a “motion”), the papers first travel to the justice assigned to the circuit court below. New York statewide is part of the Second Circuit Court of Appeals. All applications from lawyers “go up” and, indeed, the application is expressly addressed to, the assigned justice.
Our emergency application went to Justice Sotomayor on Monday. She ruled to deny the application late Tuesday. She did so without writing any decision. A simple “denied.” This was handy because it meant I had nothing to address. I could simply push it forward to the justice of our choosing.
By comparison, last January 2022 when we submitted an application, Justice Sotomayor opened consideration of it to the whole court. This is an option available to the designated justice. The language was “…presented to Justice Sotomayor and by her referred to the Court is denied.” (Case 22A591.) It took the court from January 3 to January 18, including an exchange of papers from the state, for the denial to be published.
One more contrast? Antonyuk II v. Nigrelli went to SCOTUS on December 21, 2022 and was denied on January 11, 2023, with a written statement concerning the denial by Justice Alito with Justice Thomas joining.
Neither of the January motions in either our case (Gazzola v. Hochul) and in Antonyuk II v. Nigrelli went to “renew” because Justice Sotomayor opened the applications to the full court.
It’s a little wonky, but I thought you might find it interesting, especially because the Governor’s press office got it all wrong. She published a PR saying she was good to go because Justice Sotomayor had denied our application. Well, the Governor was wrong. Stay tuned.
And thank you! Again! To the FFLs for all the information you shared today and to everyone who joined the plaintiffs in their strike and to everyone who came together to participate in the “Shot Heard ‘Round New York, II.” Send me some photos? I’m still at work and at my desk all day, fielding narratives and questions, as well all try to make it through, together. Have a pleasant evening ~ Paloma
2:12 PM: Humorous sidebar. I just received an e-mail with a link to NYS Gov. Hochul’s “official press release” that she’s green light from Justice Sotomayor and go-forward with her scheme. Did the state’s attorneys not tell her that within 90-minutes after that denial we filed a Sup.Ct.R.22.4 renewal request to Justice Thomas? Our Emergency Application with Supplemental Letter Briefing is still pending. As the saying goes: “This thing ain’t over yet!”
Our SCOTUS docket page for Gazzola v. Hochul, docket 23A230:
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/23a230.html
12:00 PM: STRIKE + SHOOT! Thank you to everyone participating in this day of FFL dealers going on strike across the state. It is raising public awareness. It is expressing a protest through silence of refusal to input customer data into the unconstitutional and illegal background check system launched this morning by the NYSP. The NYSP system crashed when they tried to bring it up and has continually failed throughout the morning. The NYSP to NICS interface isn’t working, leading to false denials of firearms background checks. The NYSP system is automatically “delaying” background checks for anyone with fingerprints on file. It’s “delaying” ammunition background checks for anyone being “monitored” for mental health while an officer researches records. It’s a mess.
It’s not because of you! You didn’t ask for the morass of laws NYS Gov. Hochul crashed down upon us last summer. You have participated in and supported and contributed towards Gazzola v. Hochul, which, just for the record, has tried to get a stay against this launch since November 7, 2022.
10:15 AM status: no ruling yet from Justice Thomas to our Emergency Application with Supplemental Letter Briefing. That was filed on Monday, in accordance with U.S. Supreme Court Rules to Justice Sotomayor, who hung it up until Tuesday (yesterday) at about 4:30 pm. We did immediately file and serve our renewal request to Justice Thomas under Sup.Ct.R. 22.4. Many FFLs across the state are closed today as part of the STRIKE + SHOOT.
I have reports from FFLs connected with our case as parties and witnesses that they can still sign on to the FBI-NICS, but cannot access even the “delayed” transactions. Yesterday, we had written e-mail response from Mr. Eric Moore of FBI-NICS that the “delayed” transactions pending, including on 9.11 and 9.12 would still be accessible and would still receive an FBI-NICS response. Of course the problem with this is can an FFL rely on the federal 3-day rule, or not?
Summarily, otherwise, FFLs are working their way through the “NYSP User Guide” and flagging all manner of problems from not knowing what paper form to use, to ATF Form 4473 doesn’t require multiple items NYSP now requires - so how are we supposed to use that/, to screens that won’t advance if someone doesn’t have an e-mail address, and more.
Please continue to send me screen shots and e-mails on systems questions. I am amassing them, and your e-mail helps me to catalogue items, including the date and time stamp an e-mail provides. You can use my website form HERE-FORM or my e-mail paloma[at]2AMPatriot.com.
