Attached is the Brief filed to the Second Circuit Court of Appeals in NYC in my case, Gazzola v. Hochul.  Stephen's Brief in Antonyuk II is due tomorrow (Wednesday).

The most important aspect of this Brief (for those who are following along) is "Exhibit A," attached to it.  Nadine Gazzola, lead plaintiff, and co-owner of Zero Tolerance Manufacturing with her husband, Seth, hit the deadline to file for a renewal of their federal license as dealers in firearms.  Nadine was compelled to plead the Fifth Amendment to the U.S. Constitution in response to two questions on the application, asking whether she was in compliance with all state laws and regulations governing operations.

Second item is "Exhibit B."  The licensing judge in Columbia County on January 11, 2023 sent out a stack of concealed carry permit application rejections - guess why?  Training.  We have six people rejected who are fighting mad and wanting to know what to do.  Their willingness to become part of the Brief was encouraging.  We know the counties shouldn't be issuing permits, but it feels like they're just letting applications pile up, instead.  The rejections actually help us in our case + helps the word get out.  None of these six knew there was a training requirement and wanted to know why their application was accepted, fingerprints taken, money taken, if the application was defective on its face?  And, they're right about that, too.

I also received today from the Second Circuit my notification of oral arguments, scheduled for Monday, March 20, 2023 at 10 AM at the Thurgood Marshall Courthouse in NYC.  The notice says each attorney shall have 10 minutes.  LOL.  All four cases are being heard back-to-back that day:  Antonyuk II, Hardaway, Christian, and mine (Gazzola v. Hochul).

Right, back to the Brief.  The NYS-AG's Office now has until March 1 to respond to my Brief.  I then have until March 10 to reply.  Orals are March 20.

On the SCOTUS front, the NY-AG's Office has until February 8 to respond to our Petition under Rule 11.  I can reply, and will as quickly as possible.  The rules are a little brutal on this point.  As soon as the State responds, the Petition + Answer get distributed to all Justices.  Technically, they can rule right away.  The rules allow that if I want to try to get in a reply, to do so within 14 days, maximum.  (Don't you just love behind the scenes?  So much strategy goes into every day.)

Tomorrow marks my 90th straight day of litigation in three courts - District, Circuit, and SCOTUS.  Ours is the only case still to bear the "Hochul" name and the only case in SCOTUS and the Circuit Court (simultaneously).

Which brings me around to our perpetual conversation around covering expenses.  Thank you!  Thank you, everyone, for contributing.  This case, more than any I've ever worked on, demonstrates WHY it's David v. Goliath.  The State gets to fight us using our tax money.  Bottomless well.  For us, without funds to pay expenses?  Filing fees to courts.  But, bigger, the use of a contractor for production of documents - from producing the electronic documents to the printed documents, which must comport to the strictest application of rules manuals.  I continue work with Counsel Press, and I have one team of dedicated specialists who do nothing but file to the Second Circuit + one team dedicated to SCOTUS.  Each team is headed by a full-time attorney.  Robert, who heads the Second Circuit team has done nothing but this for more than 20 years.

Beyond the legalities, I also want to thank you for supporting your local FFLs.  I'm working with Nadine & Seth to produce a special t-shirt fundraiser.  "I'm a Keeper."  It will commemorate the theme of our case, which is to ask SCOTUS to define the word "to keep" of "to keep and bear Arms," in order to achieve protection for firearms dealers.  Without gun shops, there is no Second Amendment.  It's the only "object" in the Bill of Rights, and it's the only right that requires an "object" in order to exercise.  So, "I'm a Keeper."

It speaks to something deeper though, doesn't it?  "I'm a Keeper."  That we are a tribe, protecting a fragile "right" that is under attack.  Circling around.  Fending off those who, right now?  Seem to have every microphone and loudspeaker.  Time to pull the plug on that message and put out our own.

Again, my thanks.  BRIEF ATTACHED!  This is a public document.  Be welcomed to share far and wide.  

Oh, quick-quick.  I finally had the two hours to reconfigure a few things on my website.  http://www.2AMPatriot.com  Be welcomed to start sending people to it.  There's also a blog with the occasional e-blast.

All the best, Paloma

Ms. Paloma A. Capanna

Attorney & Policy Analyst