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

[paramedic70002]

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

[DefensiveCarry.com]

[automatic slim]

It's about time. NY law is in total conflict with the NY state constitution.

[Dominus]

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.

[2edgesword]

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.

[DaveH]

Good for them!

[dukalmighty]

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

[DaveH]

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.

[SIGguy229]

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.

[10thmtn]

Hoo-ah!

Someone needs to file suit in NYC. Bloomturd would have a stroke!

[hudsonvalley]

Reciprocity within my state is what I want..........Go Get em Gura....2nd Amendment in hand.....

[DaveH]

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.

[tokerblue]

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.

[2edgesword]

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.

[10thmtn]

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.

[Brass63]

If they (the New Yorkers) win, then NJ's anti-carry laws would necessarily fall too. I'll be watching this case closely.