SAF SUES IN NEW YORK

[Sigma]

Wow we got Daley and Bloomberg in court.

The Second Amendment Foundation has filed a federal lawsuit against Westchester County, New York and its handgun permit licensing officers, seeking a permanent injunction against enforcement of a state law that allows carry licenses to be denied because applicants cannot show "good cause."

 

SAF is joined in the lawsuit by Alan Kachalsky and Christina Nikolov, both Westchester County residents whose permit applications were denied. Kachalsky's denial was because he could not "demonstrate a need for self protection distinguishable from that of the general public." Nikolov's was denied because she could not demonstrate that there was "any type of threat to her own safety anywhere." In addition to Westchester County, Susan Cacace and Jeffrey Cohen, both serving at times as handgun permit licensing officers, are named as defendants. The lawsuit was filed in U.S. District Court for the Southern District of New York, White Plains Division.

 

Attorney Alan Gura is representing the plaintiffs, along with attorney Vincent Gelardi with Gelardi & Randazzo of Rye Brook, NY. Gura recently represented SAF and the Illinois State Rifle Association in their landmark Second Amendment Supreme Court victory over the City of Chicago.

 

Under New York Penal Code ||167|| 400.00, handgun carry permit applicants must "demonstrate good cause for the issuance of a permit," the lawsuit alleges. This requirement violates the Second Amendment, according to the plaintiffs.

 

"American citizens like Alan Kachalsky and Christina Nikolov should not have to demonstrate good cause in order to exercise a constitutionally-protected civil right," noted SAF Executive Vice President Alan Gottlieb. "Our civil rights, including the right to keep and bear arms, should not be subject to the whims of a local government or its employees, just because they don't think someone needs' a carry permit. Nobody advocates arming criminals or mental defectives, but honest citizens with clean records should not be denied out of hand.

 

"Thanks to our recent victory before the Supreme Court," Gottlieb stated, "the Second Amendment now applies to state and local governments. Our lawsuit is a reminder to state and local bureaucrats that we have a Bill of Rights in this country, not a Bill of Needs'."

 

The case is filed as Kachalsky v. Cacase, U.S. Dist. Ct. S.D. N.Y. 10-05413

[ilphil]

Obviously IANAL but since the SCOTUS has said the 2nd amendment protects a fundamental right, it seems to me it will be pretty difficult for New York to get away saying individuals have to have "good cause" to exercise that fundamental right.

 

If the composition of the Court doesn't change for the worse by the time this case eventually finds its way there I think we are looking at another 5 - 4 win.

[PPK]

That "may issue" crap would drive me nuts. It's not the state's job to decide who's life is worth protecting. If NY is anything like Illinois, "good cause" would be directly tied to how large your campaign donation is.

[lockman]

That "may issue" crap would drive me nuts. It's not the state's job to decide who's life is worth protecting. If NY is anything like Illinois, "good cause" would be directly tied to how large your campaign donation is.

 

Remember the hot head Sean Penn had a NYC carry permit at one time.

 

New York City definition of "good cause": Being rich, famous or politically well connected.

[Sigma]

I am being very optimistic but I can see this law suit paving the way for LTC

[Howard Roark]

SCOTUS decision in Heller:

we find that they [the Constitution] guarantee the individual right to possess and carry weapons in case of confrontation.

SCOTUS decision in McDonald:

The Fourteenth Amendment makes the Second Amendment right to keep and bear arms fully applicable to the States.

 

Chances are that NY's approach of allowing only the rich and famous to carry guns will be seen by the court as discrimination. Regular, non-elite, law-abiding citizens should have the same access to self-defense as the movie stars and the wall-street bankers. Most Americans would agree.

[Xwing]

New York City definition of "good cause": Being rich, famous or politically well connected.

 

Yep. and it is far overdue for a change