SAF SuesNY to Void 'Good Cause' Carry Permit Requirement
Results 1 to 6 of 6

Thread: SAF SuesNY to Void 'Good Cause' Carry Permit Requirement

  1. #1

    SAF SuesNY to Void 'Good Cause' Carry Permit Requirement

    SAF SUES IN NEW YORK TO VOID 'GOOD CAUSE' CARRY PERMIT REQUIREMENT
    SAF Press Release :: SAF SUES IN NEW YORK TO VOID 'GOOD CAUSE' CARRY PERMIT REQUIREMENT
    NEWS RELEASE
    Second Amendment Foundation
    12500 NE Tenth Place • Bellevue, WA 98005
    (425) 454-7012 • FAX (425) 451-3959 • Second Amendment Foundation Online
    SAF SUES IN NEW YORK TO VOID 'GOOD CAUSE' CARRY PERMIT REQUIREMENT
    For Immediate Release: 7/15/2010

    BELLEVUE, WA – 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 § 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. Cacase, U.S. Dist. Ct. S.D. N.Y. 10-05413

    The Second Amendment Foundation (Second Amendment Foundation Online) 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. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.
    Complaint Here
    I hope these suits just keep coming!
    People don't like to be meddled with. We tell them what to do, what to think, don't run, don't walk. We're in their homes and in their heads and we haven't the right. We're meddlesome.--River Tam

  2.   
  3. Second Amendment challenge Westchester Co NY

    Challenge should be NYS wide, not just Westchester. I believe permits in all areas of NYS other than in NYC should be granted by the NYS Police and I believe there should be no reason to deny a permit unless there is a criminal record on file for the permit applicant. It's long overdue time for all law abiding NYS residents to enjoy their constitutional rights .

  4. Westchester is a good start because other counties like Nassau & Suffolk do restrict the permits to target only an refuse to issue a self defense permit.Restrictions have to be reasonable and the Second Amendment is an individual right to self defense.Once Westchester loses other lawsuits in New York well follow.Remember in NY it's the county that issues the permit and they may place restrictions.

  5. County by county is not equal treatment under the law

    Quote Originally Posted by hunter won View Post
    Westchester is a good start because other counties like Nassau & Suffolk do restrict the permits to target only an refuse to issue a self defense permit.Restrictions have to be reasonable and the Second Amendment is an individual right to self defense.Once Westchester loses other lawsuits in New York well follow.Remember in NY it's the county that issues the permit and they may place restrictions.
    Seems to me NYS residents are entitled to equal treatment. We pay state tax, our main data base is maintained by the NYS Police and we are either approved or disapproved for a carry permit based upon our character and lack of a criminal record. If we are permitted to carry concealed from our home to the range, and as free citizens in a free society we should not have our freedom arbitrarily restricted. A test case must be run through the court to entitle all of us to be treated equally as law abiding citizens of a great state. I certainly hope our rights are protected including the right to carry a concealed weapon with a permit.

  6. Quote Originally Posted by Peterson View Post
    Seems to me NYS residents are entitled to equal treatment. We pay state tax, our main data base is maintained by the NYS Police and we are either approved or disapproved for a carry permit based upon our character and lack of a criminal record. If we are permitted to carry concealed from our home to the range, and as free citizens in a free society we should not have our freedom arbitrarily restricted. A test case must be run through the court to entitle all of us to be treated equally as law abiding citizens of a great state. I certainly hope our rights are protected including the right to carry a concealed weapon with a permit.
    New York is Shall issue in nature in some upstate counties,however restrictions apply to most counties here in New York.As far as NYSP they collect all the firearm data but have nothing to do with your pistol permit carry restrictions.Reasonable Restrictions well be allowed by the county licensing officer ie Sportsman & Target only permit.Westchester is being sued for a section of state law which states you must have Good Cause.Yes I agree that we should have a fair statewide permit which includes NYC.Many challenges to come in the next few years.The court ruled that the counties may place restrictions.

  7. #6
    It seems to me that the results of Heller and McDonald imply that all states and minicipalities within the US should be "shall issue" for anyone with a clean record. While states and cities can and certainly will place "reasonable restrictions" on the right to keep and bear arms, if someone of sound mind, with no criminal record and no other indicators that he might use a gun illegally, is kept from legally arming himself, then the licensing authority has effectively imposed a personal gun ban.

    I hope to see more such cases throughout the country, especially in places like NYC and Chicago (where Mayor Daley is trying his hardest to keep guns out despite the Supreme Court decision).

Similar Threads

  1. In your opinion, which state(s) is/are the most gun friendly?
    By tattedupboy in forum General Firearm Discussion
    Replies: 69
    Last Post: 03-08-2013, 04:20 PM
  2. County by County Status
    By rheaj in forum New York Discussion and Firearm News
    Replies: 72
    Last Post: 02-19-2012, 12:52 AM
  3. Replies: 6
    Last Post: 06-06-2010, 06:18 PM
  4. Nonresident permit to carry concealed pistol
    By zwvirtual in forum South Dakota Discussion and Firearm News
    Replies: 6
    Last Post: 10-08-2008, 08:47 AM
  5. Open Carry Meeting and Training
    By 45acpman in forum Wisconsin Discussion and Firearm News
    Replies: 0
    Last Post: 10-29-2007, 09:36 AM

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
  •  
Quantcast