About 18,500 New Yorkers held permits in 2008...
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Thread: About 18,500 New Yorkers held permits in 2008...

  1. #1
    Join Date
    Nov 2009
    Location
    Elma NY
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    About 18,500 New Yorkers held permits in 2008...

    About 18,500 New Yorkers held permits in 2008 to carry a handgun, according to the Division of Criminal Justice Services. I wonder what the number is in 2010?
    Interesting, got this while reading about the New York Court of Appeals declining a 2A case.

    Kachalsky v. Cacace was brought in 2008 by solo practitioner Alan Kachalsky of Rye Brook after Westchester County Court Judge Susan Cacase denied his request for a full-carry gun permit under Penal Law 400.00[2][f].

    A 4-0 Appellate Division, 2nd Department, panel upheld the denial of Kachalsky's pistol permit request in September 2009 in Kachalsky v. Cacase, 65 AD3d 1045 (2009).

    In an interview, Kachalsky said he wanted to secure the gun to protect himself during possible random onslaughts by deranged individuals, such as the shooting spree by student Seung-Hui Cho at Virginia Tech University in which 35 people died.

    "If someone else has a gun, the body count might have been what? Two, three?" Kachalsky said. "This whole anti-gun, anti-Second Amendment lobby, whatever you call it, it is just not reasonable. But with the way New York handles pistol permits, the only people who are able to protect themselves are the criminals."

    The attorney said he knew it would have been a long shot to get authorization to carry a concealed weapon through courts in downstate New York or the Court of Appeals, where he contended that an anti-gun philosophy also pervades.

    "They are not intellectually honest," Kachalsky said. "It is not the first time I have experienced an appeals court when they are faced with giving a decision that goes against their political views. They avoid the case in any way that they can."

    Kachalsky said he was examining the potential of appealing his gun case to federal courts.

    Could this be our (New York's) McDonald vs Chicago? If they guy needs donations to take the case up the ladder, I would contribute.

    Link N.Y. High Court Judge Takes Colleagues to Task Over Constitutional Issue in Gun Case

    In a rare written dissent, Judge Robert S. Smith
    has taken his six colleagues on the New York
    Court of Appeals to task for not finding the
    "substantial constitutional question" that would
    allow them to review a judge's denial of a pistol
    permit to a Westchester County, N.Y., attorney.

    One court observer said he could recall only a
    few dissents in the last decade to denials of leaves to appeal.

    Here, however, Smith protested that the majority
    had used a standard with no basis in state law to
    deny a hearing in a case that raised a serious constitutional issue.

    The judge acknowledged that, like his colleagues,
    he also has been guilty of relying on loose
    readings of what constitutes a "substantial"
    constitutional question triggering the court's review as of right.

    "We have at times followed the practice -- one in
    which, I confess, I have joined -- of giving
    'substantial' a much more flexible meaning, so
    flexible that it confers on us, in effect,
    discretion comparable to that we have in deciding
    whether to grant permission to appeal under CPLR
    5602," Smith wrote. "I am convinced that this
    practice is inconsistent with both the
    constitutional provision and the statute implementing it."

    Kachalsky v. Cacace presented the question of
    whether Penal Law 400.20(2)(f), which requires
    "proper cause" for the issuance of a license to
    carry a concealed handgun, violated the Second
    Amendment of the U.S. Constitution. Smith argued
    that there could hardly be an issue posing a more
    "substantial" constitutional question for the court.

    Kachalsky raises the questions of whether the
    Second Amendment limits the states or the federal
    government from issuing gun-possessing permits
    and whether a prohibition from carrying a
    concealed weapon without proper cause is
    consistent with the Second Amendment, Smith wrote.

    "I make no comment on the merits of either issue,
    except to say that neither is insubstantial," the
    judge wrote in his Feb. 16 dissent to the
    majority's summary refusal to grant leave to
    appeal. "On neither issue could petitioner's
    case, by any remote stretch, be called frivolous or fanciful."

    He noted that the issue of whether the Second
    Amendment limits the powers of states and the
    federal government to set limits on gun
    possession is of "such great substance" that the
    U.S. Supreme Court heard oral arguments on
    Tuesday in a case about the legality of Chicago
    gun control ordinances in McDonald v. City of Chicago.

    If nothing else, Smith's dissent provides some
    insight into the thoughts of at least one judge
    on his colleagues' bases for denying leave to
    appeal on constitutional grounds in civil matters, court observers said.
    Last edited by golocx4; 03-06-2010 at 06:38 AM. Reason: spelling

  2.   
  3. #2
    he shouls take it all the way tothe top, our founding fathers would be pissed in this day and age at the recklessness of infringing upon our 2nd Ammendment!!! may karma bite them in the *****!!!!

  4. #3
    I'm all with this guy. take it all the way to the highest level we the citizens of New York State need to be heard. why each county can put their own restrictions on our State Document is beyond me. Once Issued an carry permit in NYS It is an Carry Permit enough with these stupid Restrictions Hunting & Target What ******** is that. Hope he takes it Federal I will support him

  5. To Answer your Question, Yes I hope to be NY's McDonald

    Quote Originally Posted by golocx4 View Post
    About 18,500 New Yorkers held permits in 2008 to carry a handgun, according to the Division of Criminal Justice Services. I wonder what the number is in 2010?
    Interesting, got this while reading about the New York Court of Appeals declining a 2A case.

    Kachalsky v. Cacace was brought in 2008 by solo practitioner Alan Kachalsky of Rye Brook after Westchester County Court Judge Susan Cacase denied his request for a full-carry gun permit under Penal Law 400.00[2][f].

    A 4-0 Appellate Division, 2nd Department, panel upheld the denial of Kachalsky's pistol permit request in September 2009 in Kachalsky v. Cacase, 65 AD3d 1045 (2009).

    In an interview, Kachalsky said he wanted to secure the gun to protect himself during possible random onslaughts by deranged individuals, such as the shooting spree by student Seung-Hui Cho at Virginia Tech University in which 35 people died.

    "If someone else has a gun, the body count might have been what? Two, three?" Kachalsky said. "This whole anti-gun, anti-Second Amendment lobby, whatever you call it, it is just not reasonable. But with the way New York handles pistol permits, the only people who are able to protect themselves are the criminals."

    The attorney said he knew it would have been a long shot to get authorization to carry a concealed weapon through courts in downstate New York or the Court of Appeals, where he contended that an anti-gun philosophy also pervades.

    "They are not intellectually honest," Kachalsky said. "It is not the first time I have experienced an appeals court when they are faced with giving a decision that goes against their political views. They avoid the case in any way that they can."

    Kachalsky said he was examining the potential of appealing his gun case to federal courts.

    Could this be our (New York's) McDonald vs Chicago? If they guy needs donations to take the case up the ladder, I would contribute.

    Link N.Y. High Court Judge Takes Colleagues to Task Over Constitutional Issue in Gun Case

    In a rare written dissent, Judge Robert S. Smith
    has taken his six colleagues on the New York
    Court of Appeals to task for not finding the
    "substantial constitutional question" that would
    allow them to review a judge's denial of a pistol
    permit to a Westchester County, N.Y., attorney.

    One court observer said he could recall only a
    few dissents in the last decade to denials of leaves to appeal.

    Here, however, Smith protested that the majority
    had used a standard with no basis in state law to
    deny a hearing in a case that raised a serious constitutional issue.

    The judge acknowledged that, like his colleagues,
    he also has been guilty of relying on loose
    readings of what constitutes a "substantial"
    constitutional question triggering the court's review as of right.

    "We have at times followed the practice -- one in
    which, I confess, I have joined -- of giving
    'substantial' a much more flexible meaning, so
    flexible that it confers on us, in effect,
    discretion comparable to that we have in deciding
    whether to grant permission to appeal under CPLR
    5602," Smith wrote. "I am convinced that this
    practice is inconsistent with both the
    constitutional provision and the statute implementing it."

    Kachalsky v. Cacace presented the question of
    whether Penal Law 400.20(2)(f), which requires
    "proper cause" for the issuance of a license to
    carry a concealed handgun, violated the Second
    Amendment of the U.S. Constitution. Smith argued
    that there could hardly be an issue posing a more
    "substantial" constitutional question for the court.

    Kachalsky raises the questions of whether the
    Second Amendment limits the states or the federal
    government from issuing gun-possessing permits
    and whether a prohibition from carrying a
    concealed weapon without proper cause is
    consistent with the Second Amendment, Smith wrote.

    "I make no comment on the merits of either issue,
    except to say that neither is insubstantial," the
    judge wrote in his Feb. 16 dissent to the
    majority's summary refusal to grant leave to
    appeal. "On neither issue could petitioner's
    case, by any remote stretch, be called frivolous or fanciful."

    He noted that the issue of whether the Second
    Amendment limits the powers of states and the
    federal government to set limits on gun
    possession is of "such great substance" that the
    U.S. Supreme Court heard oral arguments on
    Tuesday in a case about the legality of Chicago
    gun control ordinances in McDonald v. City of Chicago.

    If nothing else, Smith's dissent provides some
    insight into the thoughts of at least one judge
    on his colleagues' bases for denying leave to
    appeal on constitutional grounds in civil matters, court observers said.
    I just filed in NY southern District today , to overturn NY's carry permit denial statute. Wish me luck! Alan Kachalsky

  6. #5
    Join Date
    Apr 2010
    Location
    edge of freedom
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    Wow! Good luck indeed! I hope you are successful! The political climate is about to change in NY. We are taking out the trash in No-vember. To bad judges get such ridicules terms, if they had to run every couple of years they would soon fall in line.
    http://www.change.org/petitions/self...tate-residents
    NRA Life Member, SCOPE,SAF Join up!

  7. Good luck Alan. It makes no sense to me why law abiding citizen who live near and in metropolitan areas are limited in how they can defend themselves.

  8. #7
    Alan, why didn't you apply for cert to the SCOTUS?

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