Has anyone sued because of local law(s) preventing self defense?
Results 1 to 7 of 7

Has anyone sued because of local law(s) preventing self defense?

This is a discussion on Has anyone sued because of local law(s) preventing self defense? within the General Firearm Discussion forums, part of the Main Category category; Has a person that lived in a state, or local area, that was physically attacked, ever sue the government entity ...

  1. #1
    Join Date
    Jul 2008
    Location
    N/W Florida
    Posts
    213

    Default Has anyone sued because of local law(s) preventing self defense?

    Has a person that lived in a state, or local area, that was physically attacked, ever sue the government entity for preventing them from having the ability to carry a weapon or gun to prevent the injuries that they sustained?

    Examples of a law would be like in New York where you can only get a permit for target or hunting, and not for everyday carry.

    Has such a law suit ever been filed? Did they win? Can it be done?
    A citizen who shirks his duty to contribute to the security of his community is little better than the criminal who threatens it.

  2. #2
    Join Date
    Jul 2009
    Location
    NY
    Posts
    186

    Default

    Quote Originally Posted by chroode View Post
    Has a person that lived in a state, or local area, that was physically attacked, ever sue the government entity for preventing them from having the ability to carry a weapon or gun to prevent the injuries that they sustained?

    Examples of a law would be like in New York where you can only get a permit for target or hunting, and not for everyday carry.

    Has such a law suit ever been filed? Did they win? Can it be done?
    Actually in New York It is possible to get a Concealed carry permit outside of the city. It is at the discretion of the county judge that you reside in.

  3. #3
    Join Date
    Nov 2009
    Posts
    2,345

    Default

    States have sovereign immunity. A state would have to waive its sovereign immunity for such a lawsuit to be successful.

    A local government might have exposure, but the plaintiff has the burden of proof. How would you prove that you would have had a firearm at the time, would have been able to use it competently if you had one, and would have successfully thwarted the attack?

  4. #4
    Ektarr's Avatar
    Ektarr is offline Dedicated Infidel
    Join Date
    Sep 2007
    Location
    Иєш Лєяжşєşŧăŋ
    Posts
    1,084

    Default

    What about pursuing on the grounds of having been denied your Constitutional Rights, which led to your being successfully attacked?
    NRA Life; GOA Life; CCRKBA Life; Trustee, NJCSD; F&AM: 32 & KT
    The Only Answer to a Bad Guy with a Gun - Is a Good Guy with a Gun!
    When Seconds Count...The Police are only MINUTES Away!

  5. #5
    Join Date
    Nov 2009
    Posts
    2,345

    Default

    Quote Originally Posted by Ektarr View Post
    What about pursuing on the grounds of having been denied your Constitutional Rights, which led to your being successfully attacked?
    If the supremes hold that the 2nd applies to the states, then you can just sue for being denied your constitutional rights and get a firearm permit before you are attacked.

    If the supremes hold that the 2nd does not apply to the states, then you have no basis for the claim.

  6. #6
    Join Date
    Feb 2010
    Posts
    279

    Default

    Quote Originally Posted by nogods View Post
    If the supremes hold that the 2nd applies to the states, then you can just sue for being denied your constitutional rights and get a firearm permit before you are attacked.

    If the supremes hold that the 2nd does not apply to the states, then you have no basis for the claim.
    It is quite likely that they will incorporate the second amendment as they have with almost all of the bill of rights so far. It would be due justice to have the second amendment incorporated since the incorporation of the first amendment has caused so much difficulty for those that wish to practice their faith in public. It would be hypocrisy not to incorporate the 14th amendment with the second since they have done it with all of the others already. It is also the only hope that I have to get a CCW in Los Angeles county.

  7. #7
    Join Date
    Nov 2009
    Posts
    2,345

    Default

    Quote Originally Posted by Alaska444 View Post
    It is quite likely that they will incorporate the second amendment as they have with almost all of the bill of rights so far. It would be due justice to have the second amendment incorporated since the incorporation of the first amendment has caused so much difficulty for those that wish to practice their faith in public. It would be hypocrisy not to incorporate the 14th amendment with the second since they have done it with all of the others already. It is also the only hope that I have to get a CCW in Los Angeles county.
    I agree, i think they will incorporate the 2nd amendment. And I hope it induces states to re-examine their more restrictive gun laws and policies in light of it.

    But the first amendment hasn't inhibited anyone from practicing their religion n in public - what it does is prohibit one from using public assets to practice their religion - and that is as it should be.

    Our government exists to serve secular purposes, it does not exist to be used to promote religion.

    The phrase "[A] hedge or wall of separation between the garden of the church and the wilderness of the world" was first used by Baptist theologian Roger Williams, the founder of the colony of Rhode Island, in his 1644 book.

    As you may know, Roger Williams fought all his adult life for the freedom to practice his religion free from the dictates of the religion of the rulers of the colonies and settlements in which he resided.

Similar Threads

  1. Handgun vs Long gun for Home Defense - a discussion starter
    By RochPersDef in forum General Firearm Discussion
    Replies: 36
    Last Post: 12-26-2010, 11:23 AM
  2. Replies: 7
    Last Post: 10-01-2009, 03:05 PM
  3. Arizona Open and Concealed Carry Laws and Information
    By lukem in forum Arizona Discussion and Firearm News
    Replies: 2
    Last Post: 02-04-2009, 07:34 PM
  4. NY Defense Law
    By Ruger Lady in forum New York Discussion and Firearm News
    Replies: 5
    Last Post: 06-11-2008, 02:17 PM
  5. Can Canada disarm US Citizens Part 2
    By Right 2 Carry in forum Politics
    Replies: 17
    Last Post: 04-02-2008, 07:14 PM

Tags for this Thread

Posting Permissions

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