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Greco v City of New York - Challenge to may-issue carry permits


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#1 Euler

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Posted 06 November 2020 - 10:47 PM

SAF and FPC are also named plaintiffs. The suit is filed in Federal District Court.

Complaint

... As explained herein, law-abiding citizens have a fundamental right to bear arms - including, specifically, operable modern handguns - for the "core" purpose of self-protection. The only way that a private citizen can exercise this right in New York City is by obtaining a license from the New York City Police Department. To obtain this license, the person must (among other things) meet a highly restrictive "proper cause" standard that requires a showing of special or heightened need. This standard acts to ban all typical and average law-abiding citizens from obtaining licenses as they, by definition, are not able to show special or heightened need. However, all people, not just those with special or heightened needs, have a fundamental right to bear arms by carrying handguns, away from their homes and in public, for the purpose of self-defense. ...


The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#2 chislinger

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Posted 07 November 2020 - 07:46 AM

Hopefully with ACB's confirmation these lawsuits finally get some traction.


"I'm not worried about following the U.S. Constitution." - Washington County, Alabama Judge Nick Williams

#3 illinois_buckeye

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Posted 07 November 2020 - 09:17 AM

If Trump gets a second term, it would be nice to get nationwide carry.

#4 chislinger

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Posted 07 November 2020 - 09:40 AM

If Trump gets a second term, it would be nice to get nationwide carry.

Only way that happens is through the courts. You think Pelosi would even allow a vote on it? 


"I'm not worried about following the U.S. Constitution." - Washington County, Alabama Judge Nick Williams

#5 illinois_buckeye

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Posted 07 November 2020 - 10:13 AM

Watching news the last couple of days they are saying pelosi might be out as speaker. Some democrats are calling for someone more moderate.

#6 chislinger

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Posted 08 November 2020 - 11:58 AM

Watching news the last couple of days they are saying pelosi might be out as speaker. Some democrats are calling for someone more moderate.

If Pelosi goes she'll be replaced with someone more radical. There are no moderates left in the Democratic Party.


"I'm not worried about following the U.S. Constitution." - Washington County, Alabama Judge Nick Williams

#7 Flynn

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Posted 08 November 2020 - 12:45 PM

 

Watching news the last couple of days they are saying pelosi might be out as speaker. Some democrats are calling for someone more moderate.

If Pelosi goes she'll be replaced with someone more radical. There are no moderates left in the Democratic Party.

 

 

Probably be replace by some unhinged dolt like Schiff...


Anonymous leakers, leak anonymously about the anonymous leak.
 
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#8 Rangerdeepv

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Posted 08 November 2020 - 09:11 PM

 

 

Watching news the last couple of days they are saying pelosi might be out as speaker. Some democrats are calling for someone more moderate.

If Pelosi goes she'll be replaced with someone more radical. There are no moderates left in the Democratic Party.

 

 

Probably be replace by some unhinged dolt like Schiff...

 

 

There are plenty of Blue Dolts to replace Pelosi...........when will the GOP wake up and put on the gloves and get nasty like their opposing party?



#9 JTHunter

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Posted 09 November 2020 - 02:12 PM

If Pelosi goes she'll be replaced with someone more radical. There are no moderates left in the Democratic Party.

 

Probably be replace by some unhinged dolt like Schiff...

First, I believe that Chislinger is correct.  Any "moderate" democrat is acting like too many republicans and keep a low profile.

As for Schiff being "unhinged", I disagree.  His "lunacy" is intentional, just like "Putrid" Pelosi.


“We, the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow men who pervert the Constitution.” - - Abraham Lincoln

“Small minds adhere to the letter of the law; great minds dispense Justice.” - - S. C. Justice Oliver Wendell Holmes

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#10 Ranger

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Posted 10 November 2020 - 01:14 PM

Just based upon the segment posted, that sounds like an excellent case to bring forward to the new SCOTUS.



#11 mab22

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Posted 11 November 2020 - 08:11 AM

SAF and FPC are also named plaintiffs. The suit is filed in Federal District Court.

Complaint

... As explained herein, law-abiding citizens have a fundamental right to bear arms - including, specifically, operable modern handguns - for the "core" purpose of self-protection. The only way that a private citizen can exercise this right in New York City is by obtaining a license from the New York City Police Department. To obtain this license, the person must (among other things) meet a highly restrictive "proper cause" standard that requires a showing of special or heightened need. This standard acts to ban all typical and average law-abiding citizens from obtaining licenses as they, by definition, are not able to show special or heightened need. However, all people, not just those with special or heightened needs, have a fundamental right to bear arms by carrying handguns, away from their homes and in public, for the purpose of self-defense. ...

 

Sadly, I don’t think most people can show special or heightened need unless something has already happened to you, or you actually have proof of someone threatening you. IMO it’s almost like having “classes” of citizens, those who made a good case to the police, those who have been victims but it wasn’t enough of a problem to warrant “permission”, and those that nothing has happened to yet. No equal protection IMO.

I hope they prevail.


Void the FOID!

#12 stockboyy

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Posted 11 November 2020 - 09:57 AM

classes” of citizens are NOT stated in the 2nd amendment !!



#13 press1280

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Posted 15 November 2020 - 05:10 PM

This is the 3rd wave of public carry cases (SAF has also filed in MD & NYC). Remember these were filed in every circuit court right after Heller/McDonald and again after Kavanaugh replaced Kennedy on SCOTUS.

Obviously now with ACB replacing RBG, the time could be no better than now.

 

The 2nd wave of cases took roughly a year from initial filing to reaching SCOTUS so I'd say a good chance of being heard and decided by June 2022.



#14 mab22

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Posted 17 November 2020 - 10:17 AM

Considering that people were suggesting to threaten Trump supports, voters, and members of his administration, and they went so far as to "compile a list", that should meet requirements, no?

"To obtain this license, the person must (among other things) meet a highly restrictive "proper cause" standard that requires a showing of special or heightened need."

 

Use those threats as proof you need a permit/license if your last name shows up on one of those lists in the states that have this requirement.


Void the FOID!

#15 JTHunter

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Posted 17 November 2020 - 10:44 PM

Considering that people were suggesting to threaten Trump supports, voters, and members of his administration, and they went so far as to "compile a list", that should meet requirements, no?

"To obtain this license, the person must (among other things) meet a highly restrictive "proper cause" standard that requires a showing of special or heightened need."

 

Use those threats as proof you need a permit/license if your last name shows up on one of those lists in the states that have this requirement.

Like Maryland.

Here is some info from another forum.

 

 

SAF, et al., Sues MD over Concealed Carry Process

On November 13, 2020, a group of plaintiffs, listed below, sued the Maryland Attorney General and Secretary of State Police for injunctive relief over the requirement for concealed carry "that they have a “good and substantial reason” to do so."

The full filing is Case 1:20-cv-03304-DKC Document 1 Filed 11/13/20, found on the saf.org web site (https://www.saf.org/...1-Complaint.pdf)

 

The filing identifies "Plaintiffs ERIC CALL, CHRISTOPHER MEHL, KYLE HARRISON, FIREARMS POLICY COALITION, INC. (“FPC”), SECOND AMENDMENT FOUNDATION (“SAF”), MARYLAND SHALL ISSUE, INC. (“MSI”), and CITIZENS COMMITTEE FOR THE RIGHT TO KEEP AND BEAR ARMS (“CCRKBA”) (collectively, “Plaintiffs”)"


Edited by JTHunter, 17 November 2020 - 10:44 PM.

“We, the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow men who pervert the Constitution.” - - Abraham Lincoln

“Small minds adhere to the letter of the law; great minds dispense Justice.” - - S. C. Justice Oliver Wendell Holmes

Life member NAHC, Endowment member NRA




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