Hey, everybody, welcome back to the Channel. I appreciate your time. Thank you for watching. I want to apologize first off for the change. The sun's kind of beaming in my eye that way for the crazy schedule and not being my normal couple day, a couple times a day, because I've had some visitors the last few weeks and now mom is in town, so mom gets the attention that she deserves. 

Make sure you tell your parents you love them if you're still blessed to have them. And I want to tell you about a situation in New York. The good moral cause, good moral character has been struck down. Now, I waited specifically, this happened a couple of days ago on the 24th, which was what? I don't even know what today's date is. Today is 27th. So three days ago. 

And I waited to do the video because it was one of those cases and I'll show you the judge's quick one paragraph, two paragraphs here. But it was one of those cases that, you know what, I'm striking this down because it's unconstitutional. I'm going to stay. It give you time to appeal. And then I would have had to make it a second video about the appeal. So here we are. 

I'm going to condense it only because time is short. First, want to thank the sponsor of the video. That's blackout coffee. I love this hat. People usually ask me about this hat. You can get this@blackoutcoffee. com. GNG link is down below, but we have 20% off of our flavored blends and our signature blends. If you use code, Spookybackoutcoffee. com GNG link is down below on the screen. Right here is the case we are talking about. 

And it's Joseph Sprouer versus the City of New York. And then we'll do the first paragraph. It says in 2018, Joseph Sprouer applied to the New York City Police Department License Division for a permit to possess rifles and shotguns in his home. And the following year, he applied for license to possess handguns in his home. Both applications were denied in 2019 with the Licensing Division Appeals Unit citing sections blah, blah, blah of the Rules of the City of New York and specifically pointing to Swower's prior arrests, bad driving history, and supposedly false statements on the applications as the reason for denial. 

Since then, both sections blah, blah, blah, blah, blah have been amended. However, none of those things that they quote are legal reasons to make him a prohibited person. And as you know, or should know, new York had a good moral cause requirement when you applied for a pistol permit, a concealed carry permit. We all know that the Concealed Carry Improvement Act is being fought, that's the State of New York's Post Brew and Response Bill, and the Second Circuit is dragging their ass on that to make it last as long as possible. 

And we know that the New York State Rifle and Pistol Association versus Bruin decision was focused on New York and it struck down the good cause and may issues and all that crazy stuff we all know about Bruin. And it brought us the text history and tradition standard. With all that said, New York decided, you know, if we can't do the good cause requirement, we're going to do the good moral character requirement. 

Same thing. They just did it differently. And a lawsuit was filed and the decision came out a couple days ago. Here's the decision. The judge said this case is not about the ability of a state or municipality to impose appropriate and constitutionally valid regulations governing the issuance of firearm licenses and permits. The constitutional infirmities identified herein lie not in the City's decision to impose requirements for the possession of handguns, rifles and shotguns. 

Rather, the provisions fail to pass constitutional muster because of the magnitude of discretion afforded to city officials in denying an individual their constitutional right to keep and bear firearms, and because of the defendant's failure to show that such unabridged discretion has any grounding in our nation's historical tradition of firearm regulation. For the previously stated reasons, the Court grants sorer's motion for summary judgment in part, and denies in part, the Court grants summary judgment in favor of Srauer and his 1st, second, and third causes of action as facial challenges and dismisses without prejudice any as applied challenges brought in those causes of action. 

The Court denies Sauer's motion for summary judgment with respect to his facial challenge in the fourth cause of action and dismisses without prejudice the as applied challenge brought in that cause of action. The Court also dismisses the fifth cause of action without prejudice. And in reaching this holding, the Court finds that Swower is entitled to a declaration that subsections a two and blah, blah, blah of New York code are facially unconstitutional. 

The Court further determines that Swar is entitled to injunctive relief in joining the enforcement of subsections blah, blah, blah. The stay will remain in effect until midnight on October 26. That was last night. The parties shall file a joint letter blah, blah, blah. And this is Judge John P. Cronin us. District court judge in New York. So, like I mentioned in the beginning, this is one of those cases that, yes, strikes down an unconstitutional law, but it left room for appeal. 

And we know that, just like we're following across the country, guys in any state that has unconstitutional gun control that is being destroyed by Bruin, they don't take losses. They fight until the bitter end. And I knew it was going to be appealed, so I waited to do the video until I had all that information. Well, this is what happened yesterday. Prior to the end of the stay, the same judge said for the foregoing reasons, the Court denies a defendant's request for his stay pending appeal. 

However, the Court will grant, in part, defendants alternative request to extend the temporary stay of the injunction in order to afford them the opportunity to seek a stay before the Second Circuit. Under federal Rule of Appellate Procedure. The temporary stay will therefore continue through 11:59 P. m on October 30, 2023. And as stated above, if defendants apply for a stay pending appeal before the Second Circuit prior to that time, 1159 on the 30th, the temporary stay will remain in effect until the Second Circuit decides the stay motion. 

So what do you think the city is going to do? They're going to appeal, and this will be before the Second Circuit. And part of New York's attempt here to have this judge drop the stay was, hey, look, the CCIA, the Concealed Carry Improvement Act, is before the Second Circuit, and they're still ruling on stuff. And this is very similar to that. So you should take that into consideration. 

To the judge's credit, he said, you know what? Pound sand. Because just like the Second Circuit controls their docket, we control our docket. And if you don't like it, appeal it to them. So good on Judge Cronin, however, New York, the unconstitutional gun control will remain in effect. Blows my mind, but it will fall. Ultimately, it will fail. Just like Bruin destroyed New York's old stuff, their new stuff will be destroyed, too. 

And yes, just like everybody's going to be typing, well, once they lose this, they'll have something else figured out. We just need the Supreme Court to actually grow it, to have a decision that leaves no wiggle room. Leaves no wiggle room. The wiggle room that's been left under Heller and Bruin is these places that they call sensitive, that they can control freedoms. There shouldn't be any place in this land, this country, this free country, where your freedoms have to be disregarded for you to be present. 

Just hearing myself say that if you have to give up freedoms to enter a place or to remain in a place, there's a reason for that. There's a reason they don't want your freedoms there. It's because they're doing everything they can to restrict your freedoms. Thoughts down below, guys? I love each and every single one of you. Thank you for your consideration in watching these videos and giving up time to hear the news. 

And hopefully you like the video and you share the video, and hopefully you subscribe to Guns and Gadgets down below. And like I mentioned before, fresh restock on the government watch list. And if you're not on a government watch list, you're not doing your job. I'll see you all in the next one. Take care. .