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New York Lawsuit Seeks Injunction Against Restrictive Gun Licensing Law

July 23, 2010 by  

New York Lawsuit Seeks Injunction Against Restrictive Gun Licensing LawFresh off gun rights activists’ major victory in Chicago, The Second Amendment Foundation (SAF) has joined a lawsuit filed in the United States District Court for the Southern District of New York, which demands a permanent injunction against a state law that requires applicants for gun permits to demonstrate “good cause.”

"American citizens should not have to demonstrate good cause in order to exercise a constitutionally-protected civil right," said 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,” he added.

The case at hand was brought by Westchester County residents lan Kachalsky and Christina Nikolov, who saw their permit applications denied on similar grounds.

Gun rights supporters have been buoyed by the recent Supreme Court decision in McDonald v Chicago, which struck down a nearly 30-year old handgun ban in that city.

In fact, Gottlieb pointed to that decision saying that it made it clear that the 2nd Amendment rights apply to both 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’,” he stressed.ADNFCR-1961-ID-19897467-ADNFCR

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  • s c

    I have a suggestion for those in New York’s state government. Make it easy on yourselves. Make it legal for criminals to carry weapons. Give honest, law-abiding citizens enough time to move to states where they won’t be enslaved by insane, anti-2nd Amendment politicians. What happens next will literally be ‘one for the books.’

    • Ellen

      excellent, sc!

  • Jim H.

    The Bill of Rights are for ALL United States citizens, Not just the ones who have Governor’s and Mayor’s who let them. This includes the 2nd amendment. Local ordinances do Not trump the Bill of Rights.

  • http://www.sureshotconsulting.info James Condoluci

    Hello, PLD.

    Perhaps I may be of service to some of your subcribers as to NYC handgun licensing concerns?

    Regards,
    Jc

  • 1911A1

    Millions of Legal Gun Owners in the US …and for years we’ve seen our rights systematically taken away. There was very little we could do about it since , we never had enough statistics or studies to defend our position.
    Well …that’s changed.
    We now have the facts and studies behind us proving that Gun Control doesn’t work . The anti Gun fanatics offer nothing, they defend their position with the same paranoid rhetoric they’ve relied on for years. Many of the Politicians who drafted these flawed Anti Gun Laws knew nothing about Firearms ..and yet they were allowed to push their agendas at our expense.
    Remember this interview ? — http://www.youtube.com/watch?v=ospNRk2uM3U

    Also , remember that “Money” has quite a way of “influencing” how our Local and State Governments work. No State will dare chance losing a 2nd Amendment Case now since, it will cost them. DC paid Alan Gura 3 Million when they lost the Heller case …Chicago will also be paying Mr Gura his 3 Million in attorney fees …and now Mr Gura filed this new lawsuit against Westchester County NY.
    I hope Westchester County stands down before it goes to Court …otherwise we (the Taxpayers) will end up literally paying for our elected officials mistakes.

    • JC

      On a side note: Some genuine info / humor

      Doctors vs. Gun Owners

      Doctors
      (A) The number of physicians in the U.S. is 700,000.
      (B) Accidental deaths caused by Physicians per year are 120,000.
      (C) Accidental deaths per physician is 0.171.
      (Statistics courtesy of U.S. Dept of Health and Human Services. )

      Guns
      (A) The number of gun owners in the U.S. is 80,000,000.
      (Yes, that’s 80 million)
      (B) The number of accidental gun deaths per year, all age groups, is
      1,500.
      (C) The number of accidental deaths per gun owner is .000188.
      (Statistics courtesy of FBI )

      So, statistically, doctors are approximately 9,000 times more dangerous than gun owners.

      Remember, ‘Guns don’t kill people, doctors do.’

      Not everyone has a gun, but, almost everyone has at least one doctor.
      This means you are over 900 times more likely to be killed by a doctor as a gun owner!!!
      Please alert your friends to this alarming threat.
      We must (joke) ban doctors before this gets completely out of hand :)

      (Out of concern for the public at large, I withheld the statistics on lawyers for fear the shock would cause
      people to panic and seek medical attention! )

      • Vicki

        Isn’t that Obamas plan in his health care reform bill? :)

        • JC

          Sure seems like it. Socialist health care can’t
          help but be third rate. It’s built right in to the system.

      • Earl, QUEENS, NY

        Good point JC!! We should also add to that, along with Vicki’s comment – Obamacare – when fully in effect with rationing of health care. I bet the number of people who needlessly die due to delays or denial of health care will far exceed the number of murders involving firearms!!

        • JC

          Absolutely Earl.
          We have to get ObamaKare repealed.

  • hopalong

    POLITICIANS NEED TO GATHER UP THEIR ILL-GOTTEN GAINS AND RETIRE. ITS A NEW WORLD OUT THERE.

  • Mike N.

    Politicians need to be stripped of thier ill gotten gains and benifits and sent home or to prison which ever is more prudent.

    • Vicki

      Using RICO against them could be kind of fitting justice. I think however there are things in that law exempting politicians someway.

  • http://Yahoo Joe

    All these anti gun nuts running arround wanting to take our guns a way from us just look in there homes I bet every one has at lease one gun for protection they don,t care about us but they sure want a gun for protection for them selfs

    • Mike N.

      Joe,
      Your right. If they don’t have a gun themselves, they have armed body guards. Take big mouth rosie odonell for example. She says we don’t need guns to protect ourselves yet she has an armed body guard escorting her child to school and everwhere else they go. But she considers herself an elitist(I won’t say what I consider her because I would get kicked off the site) and she deserves special privilages. If we are all created equal then the right to keep and bear arms must apply to all law abiding citizens. No one, not bloomberg, daley nor obama can deny us this right.

    • Vicki

      The elites (usually politicians) definitely have either guns or bodyguards. The common liberal who is anti-gun is pretty much an unarmed victim waiting in the herd. They will either be culled or converted.

  • fatmansplicer

    THIS COUNTRY IS AT WAR ANYONE SHOULD BEABLE TO WALK DOWN THE SIDEWALK AND CARRY A FIRE ARM AT LEAST IF A RAG HEAD WHO GOT OWT OF HAND YOU CANN PRROTECT YOURSELF!

  • JJ

    There fear is not us using guns on each other, there fear is us using guns to keep control of government. That’s why our founding fathers thought this law was so important.

  • independant thinker

    I think you should have “good cause” to own a firearm. Of course “good cause” is the fact that you want it not some gubment flunkey monkey’s idea of “good cause”.

    • John Mc Clain

      Good Cause is Dearborn Michigan and the evil religion that lives there.

  • http://comcast.net herbert emerson

    the anti gunners have been around for over a centery . i have som old nra book’s that go back to the 1938′s this is no time to even think they are going away. some years back i met some people from some other state , i was informed that if i was a nra member i would not be welcomed around them . i must say i did’nt want them around me .

    • Vicki

      Yes they do attract predators with their “gun free” zones. The hypocracy is that when the predators come, and they will, the liberal always calls the police. Funny how guns are magically transformed from evil hateful things out to kill when they are in the possession of the police.

  • independant thinker

    By the way, I love the rifle pictured at the beginning of the article. A Winchester pump and 22 shorts perhaps.

  • eddie47d

    Firearms restrictions are NOT unconstitutional yet you all make it sound as if that is a fact. Reasonable people want reasonable laws for driving a car, owning a gun,sellers of marijuana or liquor,child molesters or whatever. Protecting oneself with a gun is a right,but threatening someone with that same weapon takes away that right. No one has taken away anyone’s right to own a weapon in America.(I will never say it couldn’t happen)Yet you keep slamming common sense laws and a few bad ones too. Not everyone who wants restrictions is an anti-gun fanatic. In our old South militias were formed and hired by the State to keep slaves in line. So States can abuse the rights of others with the use of guns and militias. So I’m more cautious about gun rights. Our founding Fathers modified the 2nd Admendment 5 times before the final draft so even they were up for interpretation. Only as a point in history…..In England approximately 300 years ago Protestants controlled the way of life. They were allowed to have guns yet anyone who was Catholic could not. Our 2nd Admendment isn’t like that and restricts few.

    • Vicki

      “No one has taken away anyone’s right to own a weapon in America.”

      Right after reading that the entire article is based on the Heller and MacDonald decisions where SCOTUS ruled that the ban on owning guns was unconstitutional you still make that claim?

      Then you end your comment with Our 2nd Amendment isn’t like that and restricts few. Unfortunately as presented in the article the State of NY restricts the entire population of law abiding citizens. That is quite a bit larger than “a few”.

      California restricts its entire population from carrying their guns. They can own them but can’t carry them. Funny the 2nd says keep (own) and BEAR (carry) them (arms)

      That is also quite a bit larger than a few. Clearly both of those states are in violation of the 2nd Amendment.

      Oh and I do not see anywhere in the 2nd who this “few” is that it restricts.

    • Vicki

      Oh and btw California forbids the ownership of quite a few weapons. There are weapons (tools actually. I am the weapon :) ) other than guns.

    • independant thinker

      There is only one common scense gun law that being no convicted felon can in any way touch a firearm. Everything else is some form of harrassment of law abiding citizens.

      • vicki

        Considering how many laws have “felony” attached to their punisment I am not sure I can agree. While they are in prison they should not but when they have served their time why do they not get their rights back?

        Besides if they are not safe to posses a gun why are they allowed to posses a car? Both are common tools used in crimes. Both tools can allow a person to kill people. Just curious.

  • george call

    USA is the Only country to have Citizen rights to bear arms. the Reason We are unigue in the world is Because Of This Individual Citizen’s right!I have used a firearm all my life..Daddy let ME ‘carry’ his at 10 yr’s old..I had my Own 22 rifle(single shot..only because it was cheap price!) and 12 ga. shotgun at 12 yrs old..this brought ‘food on the table..yes rural country living in the real usa when this country was near or better 90 % white..yes..defense from ‘critter’s too,eg,snakes! wild dog’s and House Robber Bums! it kept me ‘living while in the combat zone of military duty..also my security and police and correctional career,too! If you Do Not Like your right to bear Arms..don’t have them..your choice(right)..But Leave MY Right to bear Arms Alone! If You don’t ‘like it ‘here..You can leave on the fastest conveyance you can locate..I think that ‘many’ gun rights Citizen’a..will Gladly Donate To pay Your Travel Expenses..ps..My Opinion of course;-)..Good Riddance..> see ya’ll,hear(Don’t come back!)-george call.

  • Mike N.

    The anti-gun nuts tell us that the police will protect us from crime. The supreme court ruled that the the police have no constitutional responsibility to protect the public from criminals. When you call the police, when and sometimes if they show up they are usually too late. We have the right to protect our lives and property from harm and I for one will be prepared to do so. I don’t care what the govt. or the U.N. says. By the way, a shotgun is the safest way to defend your family and property. It will rarely penetrate walls and endanger anyone other than who you are shooting at.

    • vicki

      When seconds count the police are only minutes away.

  • chuck b

    the problem is, you may successfully save your property or the family, however, the liberal courts will destroy your life if you harm the intruder. we have the right to bear arms, but, the libs will prosecute you if you use them against criminals and you will be hard pressed to avoid prison or the loss of your property.
    we are in a mild form of police state as it is and the criminals have all the rights. we need comprehensive reform of the gun laws, a uniform law throughout the land protecting the individuals right to protect his own property. i wonder if barry would be anxious to sign that kind of law into effect.

    • vicki

      That law was signed over 200 years ago. Alas if it is not enforced then it becomes useless.

  • chuck b

    vicki
    the liberal courts have a funny way of interpreting the constitution and i think we should have it down in black and white how far we can go in protecting our property without jeopardizing our well being. it seems every state or county ordinance is different, that’s why i think it should be a uniform law.

    • Vicki

      The law IS uniform. It was passed over 200 years ago. The right of the people to keep and bear arms shall NOT be infringed. The 14 amendment written about 150 years ago makes it clear that these rights are the rights of the PEOPLE reguardless of were in the US they reside. Inside or outside Washington DC.

      The 2nd Amendment is a direct limitation on ALL GOVERNMENT.

  • ABinGA

    A convicted felon after serving out their sentence and keeping a clean record for at least five years can apply for restoration of rights in GA but good luck, the baord of pardons and parole usually turn it down. I’ve applied three times in the past thirty years and have been turned down all three. Convicted of a non violent felony at the age of seventeen. Should’ve known better but me and a buddy were out running (walking) the neighborhood, drinking and we saw a convertible in the parking lot so we decided to sit in it. That’s all but still stupid and against the law. Top was down so they got us for entering an auto. Not breaking and entering, just entering. Some of you out there will dis agree with a felon owning a firearm but some of us have learned our lesson and kept straight. I’ve raised three children and thank God they all know better.

  • ABinGA

    The right to vote is automatically restored after completion of sentence. In GA anyway.

  • don l.

    THIS ADMINSTRATION WANTS TO DISTROY OUR CONSTITUTION ONE WORD AT A TIME. HITLER HAD GUN CONTROL, CASTRO HAS GUN CONTROL, OBAMA WANTS GUN CONTROL. I WAS IN CUBA WHEN CASTRO TOOK OVER. THE CUBANS THAT WORKED ON THE BASE WOULD TELL US WHAT WAS HAPPENING IN THEIR COUNTRY. THEY WANTED THE U.S. TO TAKE OVER. CASTRO’S TROOPS WOULD COME TO THEIR DOORS AND TAKE THEIR GUNS.

  • John McClain

    I do not understand how the population of the USA can be so blind and so uninformed. First comes 911 and the loss of 3000 plus or minus a few, then we elect a MUSLIM to the Presidency. THEN some of us go along with the same adjenda to disarm us. WHEN oh when are we going to wake up and START VOTING! Only a small percentage of people vote in this country..I guess we will have to wait until we are all enslaved before we decide it is our DUTY to vote in every election, and keep ourselves informed with something besides the propaganda machine of network television. WAKE up AMERICA!

  • James

    Contrary to Mr. Gottlieb, I still say the Second Amendment does not apply to the States. Why? Because the right to bear arms is not a constitutional right, it is an inalienable right all Americans aer born with. All the Second Amendment says is “the right of the people to keep and bear arms, shall not be infringed.” It is a restriction that applies exclusively to the national government. In McDonald v. Chicago, the Supreme Court did not hold that the Second Amendment now applies to the States. It held that state laws or ordinances that infringe on the right to bear arms violate one’s inalienable right, and under the 14th Amendment’s Due Process clause, ‘liberty’ now includes that right which “no State [shall] deprive any person of.”
    Those who say the McDonald Court incorporated the Second Amendment into State law, believe the amendment is the right, and thus the only way citizens may have the right is through that amendment. Not so, the Second Amendment is a restriction the States placed upon the just-created federal government, as did the entire Bill of Rights.

  • s c

    It is our right to keep and bear arms. It is our duty to keep and bear arms. Any state that claims to be just in its assertion that a citizen needs to show ‘just cause’ to purchase a weapon is illegitimate.
    A government that has willingly turned its back on the Constitution is a government that must be resisted and defeated. To do otherwise is to sanction slavery. No one in government has any legal or moral authority to deprive Americans the right to keep and bear arms.

    • James

      SC, one of our problems is, most Americans don’t know that the powers the U.S. Congress has are limited. See Article I, Section 8 for powers the federal government does have, and the Bill of Rights for the powers it doesn’t have.

      • s c

        With a qualification, yes, James. More and more, the White House and Congress and the Supreme Court have become openly defiant toward the Constitution and the will of the American people.
        The White House and Congress and the Supreme Court are at war with the American people, and no amount of good intentions will change that. Enter a White House tyrant, and all bets are off.
        Anyone who thinks America is still best described as politics-as-usual [by the lamestream, mainstream media, political shills, slavery-loving progressives and all manner of retardates] would do better to declare open warfare on us.
        Where this will end I don’t know, but history tells us that every day the American people are held hostage by the executive, legislative and judicial branches brings us closer to the day when the Civil War will seem like a brief, joyous picnic.

        • James

          SC, I agree but I do think more and more Americans are realizing that our federal government is out of control, and by that, I mean it is not subservient to the people anymore, it rather has an agenda of its own. Unfortunately, barring a revolution by the U.S. military, the only thing people can do is vote the liberals out of office. I used to suggest that people write their congressmen, but after doing that for decades, with no affect on the government’s direction, I gave that up.

  • http://www.aol.com bill marvin

    NOW HEAR THIS!!!while there are some very fine points made here, and comments thankyou!! my point is that new york city is probably the 3rd most restrictive city in the usa when it comes to gun rights. evryone in nyc must get a permit to own any firearm period. and to own a pistol, you must apply to the nyc police dept and if you are not 1 of their cronies, you will not get said permit. now, if you have been convicted of a crime getting a permit for any gun, you will not have the right to own a gun of any kind, and then new york also has the sullivan law, enacted in the late 1800′s, that is even more restrictive. and right now we in new york state, have chuck schumer, caroline maloney and charlie rangel in congress who do not want guns in the state period… about 20 years ago i was convicted of felony dwi, and as such i cannot own a firearm yet… it seems I must apply for something called a “certificate of good conduct”, it seems our rights to own firearms in new york city and long island are being held captive by the police. I personally grew up with guns of all kinds and have had to rely upon them to put food on my table, now i find i” like to own a firearm, and found out that this right has been hijacked by the police dept.

    • James

      Bill M., The U.S. Congress has nothing to do with New York state law. I suggest you find out who your representative is, in the NY state legislature, and write him or her about New York’s unnecessarily restrictive guns laws. However, all states deny possession to convicted felons.

  • http://www.aol.com bill marvin

    about 2 tears ago i heard something about a town, or a small city somewhere in the western part of the usa who boast about having the lowest crime rate in the usa!!! now here’s the kicker,, it seems that they have a law ther that everyone must own a pistol and carry it in public. now that sounds like my kind of town!!! if any one knows the name of this town, please rsvp me because i think i’d like to move there,

    • independant thinker

      You are talking about a town in Georgis. I think it is Kennesaw.

    • James

      Bill M. It was Kennesaw, but that was years ago and that law might not be in effect now. Everyone there was required to possess a firearm (not necessarily a pistol) in their home, and anyone who couldn’t afford to buy one was provided with one at the city’s expense. After that, the crime rate there went to near zero.

      • independant thinker

        The law is still in effect but there were a couple of adjustments passed if I remember correctly that being an exemption for religious reasons and a change to provide an exemption for those that could not afford to purchase a gun.

      • independant thinker

        Here are some of the exemptions to the law as it now stands.

        “Among those exempt are residents “who conscientiously oppose maintaining firearms as a result of beliefs or religious doctrine.” Others exempt include the physically and mentally disabled, paupers and those convicted of a felony.”

        • James

          Ind. Thinker, and all, Thanks for the update. Concerning coming conflicts, Jesus said to His disciples: “But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword,let him sell his garment, and buy one.” Now, that’s religious!

  • 1911A1

    Here are a few links that cover Kennesaw Ga – The Town the Brady Bunch doesn’t like to talk about.

    http:// www .schooldigger.com/go/GA/schools/9999936854/ school.aspx? entity=67
    *
    http://www.digitaljournal.com/article/263000

  • http://?? Joe H.

    Go to savetheguns.com and sign up for their news letter. They even have an under eighteen question/answer section. seems to be a very good site. the guy that writes the newsletters states that anyone that owns guns and isn’t a member of one of the many second amendment protection groups like the NRA or others are part of the problem. They should join one if for no other reason than education about what is happening in that arena! I very heartedly agree!!!

  • http://yahoo Upsidedownjack

    The Constitution and the Bill of Right’s are only as Strong as the People that have the “Gun’s” to stand up to an EVIL Government! Our Founding Father’s put there LIFES and Family’s on the line for the Right’s we “now” are even talking about! UNBELIEVABLE!!!! It’s Time to stand up for your Family/Country, AMERICA!

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