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