Gura and SAF go after NYS's "Good Cause" permitting system

This is a discussion on Gura and SAF go after NYS's "Good Cause" permitting system within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Alan Gura is on a roll! First NC's 'declaration of emergency' ban, now this: http://www.prnewswire.com/news-relea...-98536679.html SAF Sues in New York to Void 'Good Cause' Carry ...

Page 1 of 2 12 LastLast
Results 1 to 15 of 22

Thread: Gura and SAF go after NYS's "Good Cause" permitting system

  1. #1
    VIP Member Array paramedic70002's Avatar
    Join Date
    Jun 2006
    Location
    Franklin, VA
    Posts
    5,134

    Gura and SAF go after NYS's "Good Cause" permitting system

    Alan Gura is on a roll! First NC's 'declaration of emergency' ban, now this:

    http://www.prnewswire.com/news-relea...-98536679.html

    SAF Sues in New York to Void 'Good Cause' Carry Permit Requirement

    BELLEVUE, Wash., July 15 /PRNewswire-USNewswire/ -- 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 Section 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. Cacace, U.S. Dist. Ct. S.D. N.Y. 10-05413
    The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
    SOURCE Second Amendment Foundation
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!

  2. Remove Ads

  3. #2
    VIP Member Array automatic slim's Avatar
    Join Date
    Jul 2008
    Location
    The western edge of The Confederacy
    Posts
    2,198
    It's about time. NY law is in total conflict with the NY state constitution.
    "First gallant South Carolina nobly made the stand."
    Edge of Darkness

  4. #3
    Member Array Dominus's Avatar
    Join Date
    Jan 2009
    Location
    NY
    Posts
    20
    I'm hoping this law suit will force NYS to become a shall issue.
    Happy to see it filed and against my county to boot. I had one official tell me that "you have no right to self defense in the state of NY" among other things.
    870 !
    NRA Member !

  5. #4
    Senior Member Array 2edgesword's Avatar
    Join Date
    Aug 2006
    Location
    New York
    Posts
    653
    I think Heller and McDonald have provided a strong foundation to challenge the NYS licensing system, especially with respect to the show cause requirement and the ability of licensing authorities to deny a license for just about any reason.
    Martial Blade Concepts, Jiu-Jitsu & Eskrima NRA, GOA, NYSRPA, LIF, Old Bethpage Rifle & Pistol Club

  6. #5
    VIP Member
    Array DaveH's Avatar
    Join Date
    Feb 2008
    Location
    SW Virginia
    Posts
    5,036

    Thumbs up

    Good for them!

    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

  7. #6
    VIP Member Array dukalmighty's Avatar
    Join Date
    Feb 2008
    Location
    texas
    Posts
    15,179
    With all the new lawsuits,all the anti-gunners will have to flee to England or Australia so they can feel safe and rub shoulders with like minded idiots
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

  8. #7
    VIP Member
    Array DaveH's Avatar
    Join Date
    Feb 2008
    Location
    SW Virginia
    Posts
    5,036
    Quote Originally Posted by dukalmighty View Post
    With all the new lawsuits,all the anti-gunners will have to flee to England or Australia so they can feel safe and rub shoulders with like minded idiots
    Nah.

    They just rant and rave on their own sites, rant and rave in LTEs and on blogs like the ones on >> http://www.roanoke.com/blogs/wb/xp-index <<, and make snide remarks about anyone else who post there, congratulate each other on how much smarter they are, feel smug, and continue to rub shoulders with like minded idiots.
    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

  9. #8
    VIP Member Array SIGguy229's Avatar
    Join Date
    Mar 2006
    Location
    Kommie-fornia-stan
    Posts
    7,067
    Quote Originally Posted by automatic slim View Post
    It's about time. NY law is in total conflict with the NY state constitution.
    ...and I hope Bloomberg and those who think like him all have aneurysms when Gura wins (for the third time)....if these jokes (who claim to "support and defend the Constitution of the United States") cannot be voted out, then it will have to be by attrition.
    Magazine <> clip - know the difference

    martyr is a fancy name for crappy fighter
    You have never lived until you have almost died. For those that have fought for it, life has a special flavor the protected will never know

  10. #9
    VIP Member Array 10thmtn's Avatar
    Join Date
    Jan 2009
    Location
    USA
    Posts
    5,957
    Hoo-ah!

    Someone needs to file suit in NYC. Bloomturd would have a stroke!
    The more good folks carry guns, the fewer shots the crazies can get off.
    www.armedcitizensnetwork.org - member
    Glock 30, 19, 26; Ruger SP101, LCR, LCP (2), Mini 14; Marlin 336 .30-30; Mossberg 500
    CT Lasers

  11. #10
    Senior Member Array hudsonvalley's Avatar
    Join Date
    Jan 2008
    Location
    lower hudson valley ny
    Posts
    849
    Reciprocity within my state is what I want..........Go Get em Gura....2nd Amendment in hand.....
    Government's first duty is to protect the people, not run their lives.
    ---Ronald Reagan

  12. #11
    VIP Member
    Array DaveH's Avatar
    Join Date
    Feb 2008
    Location
    SW Virginia
    Posts
    5,036
    Quote Originally Posted by hudsonvalley View Post
    Reciprocity within my state is what I want..........Go Get em Gura....2nd Amendment in hand.....
    Reciprocity (InterState or IntraState) still leaves lots of local got-you / yes-but laws.

    Were I you I'd be working for full State preemption -- i.e., only the State regulates. That way one locality can't decide that something legal in you home jurisdiction is illegal in their's creating a patchwork quilt of details to trip you up -- such as we have traveling from State-to-State.
    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

  13. #12
    VIP Member Array tokerblue's Avatar
    Join Date
    Oct 2009
    Location
    CT
    Posts
    2,344
    Quote Originally Posted by dukalmighty View Post
    With all the new lawsuits,all the anti-gunners will have to flee to England or Australia so they can feel safe and rub shoulders with like minded idiots
    - Then they may realize that "feeling" safe isn't the same as actually being safe.

  14. #13
    Senior Member Array 2edgesword's Avatar
    Join Date
    Aug 2006
    Location
    New York
    Posts
    653
    The lawsuit has been filed in U.S. District Court so the outcome will have statewide implications. Unfortunately this is no slam dunk. It is addressing an issue that was not addressed by Heller and McDonald, the right to carry a handgun for self-defense OUTSIDE the home.
    Martial Blade Concepts, Jiu-Jitsu & Eskrima NRA, GOA, NYSRPA, LIF, Old Bethpage Rifle & Pistol Club

  15. #14
    VIP Member Array 10thmtn's Avatar
    Join Date
    Jan 2009
    Location
    USA
    Posts
    5,957
    Quote Originally Posted by 2edgesword View Post
    The lawsuit has been filed in U.S. District Court so the outcome will have statewide implications. Unfortunately this is no slam dunk. It is addressing an issue that was not addressed by Heller and McDonald, the right to carry a handgun for self-defense OUTSIDE the home.
    True. But I find it unlikely that a Court would rule that a fundamental civil right exists only inside your home.
    The more good folks carry guns, the fewer shots the crazies can get off.
    www.armedcitizensnetwork.org - member
    Glock 30, 19, 26; Ruger SP101, LCR, LCP (2), Mini 14; Marlin 336 .30-30; Mossberg 500
    CT Lasers

  16. #15
    VIP Member Array Brass63's Avatar
    Join Date
    Jun 2009
    Location
    Michigan
    Posts
    5,543
    If they (the New Yorkers) win, then NJ's anti-carry laws would necessarily fall too. I'll be watching this case closely.
    The United States Constitution 1791. All Rights Reserved.

Page 1 of 2 12 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. My application is in "The System" & wife's view
    By Jetplane19 in forum Concealed Carry Issues & Discussions
    Replies: 11
    Last Post: June 30th, 2010, 09:51 AM
  2. The Beast is complete "my new system I built"
    By WhoWeBePart1 in forum Off Topic & Humor Discussion
    Replies: 27
    Last Post: May 2nd, 2010, 08:34 AM
  3. A "wheelie's" light carry system.
    By wjh2657 in forum Defensive Carry Guns
    Replies: 15
    Last Post: January 5th, 2010, 10:54 PM
  4. Another example of "great" British medical system
    By TN_Mike in forum Off Topic & Humor Discussion
    Replies: 15
    Last Post: January 28th, 2008, 07:18 PM
  5. My thoughts on a weapons system for "MY" SHTF...
    By Tangle in forum Off Topic & Humor Discussion
    Replies: 20
    Last Post: March 29th, 2006, 04:53 PM

Search tags for this page

gura westchester gun
,
nra attorneys westchester suit kachalsky
,
nra lawyers new york
,
nyc carry conceal weapons permit randazzo
,

nys concealed carry proper cause

,
saf good cause
,
westchester hand gun saf
,
what is proper cause standard carry concealed nys
Click on a term to search for related topics.