2nd Amendment Foundation Targets NY in Wake of SCOTUS Win

How much of a badass is this Alan Gura fellow? Slaps a lawsuit on NC then NY both within just a few weeks of the SCOTUS victory.

I think I can spare a few bucks to support this cause and I encourage other to as well.

http://www.saf.org/default.asp?p=safdonation

Second Amendment Foundation

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 (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. 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.

-END-

http://www.saf.org/viewpr-new.asp?id=331

Is this linked to the Sullivan act?

Alan Gura is inside my Top 15 people, of all time, that I look up to and respect. You might not understand or even agree with him, but trust me, what he is doing is necessary and extremely important for every single one of us.

He has made enormous strides and wins for our rights in a very small amount of time.

The legislative chess game in NY has taken an interesting turn...!

Last week a local Senator introduced a "Shall Issue" bill here in NY State. The wording is still being tweaked but the bill would effectively nullify the requirement for NY residents to prove a need to carry a handgun when applying for a CCW permit. This demand for proof is what has allowed local officials to deny many NY residents of their right to bear arms. Unless you have documented evidence of repeated threats against your life your CCW application is denied. Under the new bill NY State would be required to issue the CCW permit unless a criminal background check provided a cause for denial.

Mayor Bloomberg has been strangely silent on the matter which is giving rise to all sorts of local conspiracy theories. The main reason for the suspicion is the belief that this is just an elaborate scheme to circumvent a binding supreme court ruling being issued on the Westchester case posted above. If this bill actually passes, the Westchester complaint would be moot and the case dismissed.

BUT, with no binding ruling in place stating that the current practices are unconstitutional, this new law could be changed or repealed at any time. Perhaps in pieces. Perhaps over time as public opinion permits. All it would take is one CCW disaster for the local sheeple to start crying for repeal which would happen swiftly.

Meanwhile the Pro 2nd Amd movement would be forced to start the legal process from the beginning which could take years.


Here is a link to the currenty wording of the bill. It's been revised several times already: http://open.nysenate.gov/legislation...ill/S1863-2011


No word yet on when it comes up for a vote.

S T A T E O F N E W Y O R K
1863 2011-2012 Regular Sessions
I N SENATE
January 13, 2011
Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to licenses to carry,
possess, repair and dispose of firearms
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
BLY, DO ENACT AS FOLLOWS:

Section 1.
Paragraph (f) of subdivision 2 and subdivision 4 of section
400.00 of the penal law, paragraph (f) of subdivision 2 as amended by
chapter 189 of the laws of 2000 and subdivision 4 as amended by chapter
331 of the laws of 2005, are amended to read as follows:

(f) have and carry concealed, without regard to employment or place of
possession [, by any person when proper cause exists for the issuance thereof]; and

4. Investigation. Before a license is issued or renewed, there shall
be an investigation of all statements required in the application by the
duly constituted police authorities of the locality where such applica
tion is made. For that purpose, the records of the appropriate office of
the department of mental hygiene concerning previous or present mental
illness of the applicant shall be available for inspection by the inves
tigating officer of the police authority. THE POLICE AUTHORITY IN THE
LOCALITY WHERE THE APPLICATION IS MADE SHALL CONDUCT A SEARCH OF THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM (NICS). In order to ascertain any previous criminal record, the investigating officer shall take the fingerprints and physical descriptive data in quadruplicate of each individual by whom the application is signed and verified. Two copies of such fingerprints shall be taken on standard fingerprint cards eight inches square, and one copy may be taken on a card supplied for that purpose by the federal bureau of investigation; provided, however, that in the case of a corporate applicant that has already been issued a dealer in firearms license and seeks to operate a firearm dealership at a second or subsequent location, the original fingerprints on file may EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD06350-01-1

S. 1863 2
be used to ascertain any criminal record in the second or subsequent
application unless any of the corporate officers have changed since the
prior application, in which case the new corporate officer shall comply
with procedures governing an initial application for such license. When
completed, one standard card shall be forwarded to and retained by the
division of criminal justice services in the executive department, at
Albany. A search of the files of such division and written notification
of the results of the search to the investigating officer shall be made
without unnecessary delay. Thereafter, such division shall notify the
licensing officer and the executive department, division of state
police, Albany, of any criminal record of the applicant filed therein
subsequent to the search of its files. A second standard card, or the
one supplied by the federal bureau of investigation, as the case may be,
shall be forwarded to that bureau at Washington with a request that the
files of the bureau be searched and notification of the results of the
search be made to the investigating police authority. The failure or
refusal of the federal bureau of investigation to make the fingerprint
check provided for in this section shall not constitute the sole basis
for refusal to issue a permit pursuant to the provisions of this
section. Of the remaining two fingerprint cards, one shall be filed with
the executive department, division of state police, Albany, within ten
days after issuance of the license, and the other remain on file with
the investigating police authority. No such fingerprints may be
inspected by any person other than a peace officer, who is acting pursu
ant to his special duties, or a police officer, except on order of a
judge or justice of a court of record either upon notice to the licensee
or without notice, as the judge or justice may deem appropriate. Upon
completion of the investigation, the police authority shall report the
results to the licensing officer without unnecessary delay.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.

A HUGE RAID went down last week targeting some of Long Island's most reputable gun shops and shooting ranges....!!

Sh1t is getting beyond ridiculous here.. The short version of the story is that the Nassau Co. DA claims the shops were selling assault weapons that were "temporarily modified" to skirt NY's AWB. Their main gripes is with the method of pinning used to disable the AR's adjustable stock which they claim is reversible and would easily allow the guns to be converted to "full fledged assault weapons".

Police targeted gun owners at local shooting ranges first, guns were confiscated, several people were arrested who then coughed up the names of the shops where they legally purchased the guns which led to the raids.

The official press release is severely slanted but posted below for reference...

http://www.nassaucountyny.gov/agenci...11gunshops.htm

http://www.nbcnewyork.com/news/local...116429749.html

February 17, 2011
DA Rice Busts Five Nassau Gun Shops For Selling Illegal Assault Weapons
Undercover investigation leads to charges against shop owners and employees


MINEOLA, N.Y. – Nassau County District Attorney Kathleen Rice announced today the results of a sweeping undercover investigation into the sale of assault weapons at gun shops throughout Nassau County. During the 10-month probe, five Nassau County gun shops illegally sold assault weapons to undercover DA investigators and members of the New York State Police. As a result of the investigation, Rice’s office has arrested and charged four store owners and five of their employees.

Under New York State law, only police officers, peace officers, and duly authorized members of the military are legally permitted to possess assault weapons. One category of an assault weapon is defined as a semi-automatic rifle with the ability to accept a magazine carrying more than five rounds of ammunition and that must also have at least two additional characteristics. These additional characteristics can include a folding or telescoping stock, a protruding pistol grip, a bayonette mount, a flash suppressor or threaded barrel designed to accommodate a flash suppressor, or a grenade launcher.


Rice said that shop owners were breaking the law by temporarily modifying the weapons to appear as though they lacked the required characteristics of an assault weapon. However, the temporary modification was easily reversible, thereby making them full-fledged assault weapons. For example, a pin was placed in the stock of a weapon in an attempt to prevent its collapse. However, the pins were designed to be easily removable making the stock collapsible.

Rice said that one defendant, Martin Tretola, 55, of Bellmore, and the owner of T&T Tactical in New Hyde Park and T&T Gunnery in Seaford, went so far as to demonstrate to undercover officers how to remove the temporary pin from the fixed stock making it collapsible. Both T&T Gunnery and Hunter Sports were on notice that civilians who purchased these weapons from their stores had been arrested and charged with illegal possession of an assault weapon in both Nassau and Suffolk counties, but they continued to sell these weapons.


“The nine men arrested today were openly breaking the law, making a practice of putting profits before the safety of our citizens, and flooding our streets with dangerous assault weapons,” Rice said. “Make no mistake, these are combat-specific weapons and not intended for hunting. They have no place on our streets or in the hands of civilians.”

Tretola, the owner of two gun shops in Nassau County, is charged with Criminal Sale of a Firearm in the Second Degree, Unlawfully Disposing of an Assault Weapon, and a misdemeanor violation of the Firearms Licensing Provisions. T&T Tactical was charged with Criminal Sale of a Firearm in the First and Second Degrees. Tretola faces up to15 years in prison. His Seaford business, T&T Gunnery, has been charged with Criminal Sale of a Firearm in the First and Second Degrees. His New Hyde Park business, T&T Tactical, along with the following defendants and businesses are charged with Unlawfully Disposing of an Assault Weapon and a misdemeanor violation of the Firearms Licensing Provision. Each individual defendant faces up to seven years in prison and each business faces up to a $10,000 fine per felony or double the company’s gain from the criminal conduct.

•Mark Wroobel, 40, of Smithtown. Wroobel and his business, Hunter Sports in Massapequa, are both charged with two counts of Manufacture, Transport, Disposition, Defacement of Weapons and Dangerous Instruments and Appliances and two misdemeanor violations of Firearms Licensing provisions. Wroobel is due back in court February 25 and is represented by Michael Villeck, Esq.
•Andrew Chernoff, 50, of Malverne. Chernoff and his business, Coliseum Gun Traders, LTD in Uniondale, are both charged with Manufacture, Transport, Disposition, Defacement of Weapons and Dangerous Instruments and Appliances and a misdemeanor violation of Firearms Licensing provisions. Chernoff is due back in court March 2 and is represented by Stephen Wade LaMagna, Esq.
•Carmine Rotondo, 68, of Garden City. Rotondo, an employee of Coliseum Gun Traders, LTD, is charged with Manufacture, Transport, Disposition, Defacement of Weapons and Dangerous Instruments and Appliances and a misdemeanor violation of Firearms Licensing provisions.
•Michael Marinello, 41, of East Meadow. Marinello and his business, South Shore Sportsman in Merrick, are both charged with two counts of Manufacture, Transport, Disposition, Defacement of Weapons and Dangerous Instruments and Appliances and two misdemeanor violations of Firearms Licensing provisions. Marinello is due back in court February 22 and is represented by the Legal Aid Society of Nassau County.

Four of Martin Tretola’s employees were also charged as follows:

•Thomas Tretola, 24, of Bellmore. Thomas Tretola, an employee of T&T Gunnery in Seaford and Martin Tretola’s son, is charged with two counts of Manufacture, Transport, Disposition, Defacement of Weapons and Dangerous Instruments and Appliances and a misdemeanor violation of Firearms Licensing provisions. T&T Gunnery is also charged and is owned by Martin Tretola. Tretola is due back in court February 22 and is represented by Charles Horn, Esq.
•Stuart Sansevino, 59, of North Babylon. Sansevino, an employee of T&T Gunnery, is charged with three counts of Manufacture, Transport, Disposition, Defacement of Weapons and Dangerous Instruments and Appliances and 12 misdemeanor violations of Firearms Licensing provisions. Sansevino is due back in court February 22 and is represented by Dave Gallison, Esq.
•Hank Greenberg, 32, of Oceanside. Greenberg, an employee of T&T Gunnery, is charged with three counts of Manufacture, Transport, Disposition, Defacement of Weapons and Dangerous Instruments and Appliances and three misdemeanor violations of Firearms Licensing provisions.
•Morgan Owens, 22, of West Islip. Owens, an employee of T&T Tactical, is charged with one count of Manufacture, Transport, Disposition, Defacement of Weapons and Dangerous Instruments and Appliances and a misdemeanor violation of Firearms Licensing provisions. Owens is due back in court February 22 and is represented by Dave Gallison, Esq.

Assistant District Attorneys Karen Bennett (Deputy Bureau Chief) and Teresa Corrigan (Bureau Chief) of the Street Narcotics and Gang Bureau are prosecuting the cases for the District Attorney’s Office. New York State Police Captain James Dewar, Senior Investigator Joseph DeMaria and Investigator Edward Franke, conducted the investigation, together with the District Attorney’s Office.

The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty.

Originally Posted by BeRzErKaS

A HUGE RAID went down last week targeting some of Long Island's most reputable gun shops and shooting ranges....!!

Sh1t is getting beyond ridiculous here.. The short version of the story is that the Nassau Co. DA claims the shops were selling assault weapons that were "temporarily modified" to skirt NY's AWB. Their main gripes is with the method of pinning used to disable the AR's adjustable stock which they claim is reversible and would easily allow the guns to be converted to "full fledged assault weapons".

Police targeted gun owners at local shooting ranges first, guns were confiscated, several people were arrested who then coughed up the names of the shops where they legally purchased the guns which led to the raids.

The official press release is severely slanted but posted below for reference...

http://www.nassaucountyny.gov/agenci...11gunshops.htm

http://www.nbcnewyork.com/news/local...116429749.html

This is the kind of case I can see likely making it to Federal court. We can only keep our fingers crossed that the higher courts will rule in their favor.

Another reason why I don't live in New York.

SAF is suing Mayor Bloomberg to void exorbitant licensing fees.

The fee for a handgun license is $340 dollars plus another $95 for finger printing:

http://www.saf.org/viewpr-new.asp?id=352

http://www.prnewswire.com/news-relea...119283184.html


And interestingly enough, this law suit finally made the papers which are notoriously anti-gun:

http://www.nytimes.com/2011/04/06/ny...6gun.html?_r=2

http://www.nydailynews.com/ny_local/...heyre_a_t.html


I consider that a minor form of progress. People are starting to pay attention which is good.

Also, I think at this point it's safe to say my SAF membership is the best political money I've spent in the last 12 months. No one has applied this kind of pressure around here in decades. Even if some of these cases fail the first time around it's still well worth the effort to force these legislators to openly justify their greed and fear mongering.

BELLEVUE, Wash., April 5, 2011 /PRNewswire-USNewswire/ -- The Second Amendment Foundation today filed a federal civil rights lawsuit against New York Mayor Michael Bloomberg that alleges New York City's $340 fee for a permit to keep a handgun in the home is "excessive and ... impermissibly burdens the Second Amendment right to keep and bear arms."

SAF is joined in the lawsuit by the New York State Rifle & Pistol Association and five individual New York City residents. Also named as a defendant in the lawsuit is New York Attorney General Eric Schneiderman.

"Under state law," said SAF Executive Vice President Alan Gottlieb, "the maximum fee for issuing a New York State handgun license is $10, but the law exempts citizens living in New York City. That exemption allows the city to charge an exorbitant fee for the license, which discourages city residents from exercising their civil rights while violating the Equal Protection Clause of the Fourteenth Amendment."

"For decades the City has charged its residents exorbitant license fees that far exceed the fees charged by other states and cities that impose them," said attorney David Jensen, who is representing the plaintiffs. "The effect of this is to force a punitive tax on New York City citizens who choose to own firearms in compliance with the law. But people have a constitutional right to keep and bear arms, and the City cannot simply impose fees for the sake of burdening law-abiding gun owners."

"The New York State Rifle & Pistol Association was founded 141 years ago in New York City and we are proud to participate in an action to help restore the Second Amendment rights of all New York City residents," said NYSRPA President Tom King.

In its lawsuit, SAF notes that the $340 fee is not used to defray administrative costs, so there appears to be no purpose for it other than to discourage people from applying for a permit. The excessive fee, according to Gottlieb, puts the exercise of a constitutional right solely within the financial reach of the wealthy class, essentially turning a civil right into a privilege for the rich and well-connected.

"New York is one of only two states that require a permit just to keep a handgun in one's own home," Gottlieb said. "Citizens in the other 48 states would consider that an outrage. The city's 'residence premises' handgun license amounts to a charge of more than $100 annually to keep a handgun in one's home, which is ridiculous. Mayor Bloomberg is essentially taxing the fundamental right to defend one's self in his or her own home. We cannot think of anything more egregious than perpetuating a fee structure that puts a financial obstacle in the way of citizens who want to protect their homes and families."

"We believe the only recourse is to take this issue to the federal court," he concluded. "Billionaires like Mayor Bloomberg can be cavalier about a citizen's rights, but we can't, and we won't."

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.

SAF FILES AMENDED BLOOMBERG COMPLAINT WITH ADDITIONAL PLAINTIFFS
For Immediate Release: 4/6/2011

BELLEVUE, WA – The Second Amendment Foundation announced this morning that it has filed an amended complaint in federal district court against New York Mayor Michael Bloomberg and the City of New York over exorbitant gun licensing fees, adding two additional plaintiffs who came forward asking to be part of the legal action.


SAF Executive Vice President Alan Gottlieb said with these additional plaintiffs, there are now seven private citizens who have joined SAF and the New York State Rifle and Pistol Association in the lawsuit.

“We are being overwhelmed with calls following yesterday’s announcement about the lawsuit,” Gottlieb acknowledged. “We want to assure everyone that they do not need to be part of the lawsuit in order to benefit from a victory.

“SAF truly appreciates the wave of enthusiasm and support from New York gun owners,” he continued. “We need to move forward right now, and if people would like to support our lawsuit with a tax-exempt contribution to SAF, we would welcome that.”

The lawsuit was filed Tuesday in Federal District Court for the Southern District of New York. Plaintiffs are represented by attorney David Jensen.

“Almost immediately after the lawsuit was filed,” Gottlieb said, “our phones started ringing as people wanted to join the lawsuit. We simply cannot take on more plaintiffs at this point and further delay the process.

“We do not want New York’s outrageous $340 license fee to continue one more day than it has to,” he explained. “Imagine if this was a poll tax. How many New Yorkers would be storming city hall right now, demanding their voting rights? The city’s excessive gun licensing fee amounts to the same egregious assault on every citizen’s right to self-protection in their own home.”

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. 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.

-END-

Right on. We need guys like this out there.

And to think, here is FL permit holders may be able to open carry soon...lol

Originally Posted by robmpulse

And to think, here is FL permit holders may be able to open carry soon...lol

You can open carry, it's just WELL regulated when

Originally Posted by JonJon

You can open carry, it's just WELL regulated when

Only when going to and from the range, hunting, etc. With the new law, any CCW permit holder can open carry anywhere they would normally be able to with concealment.

Originally Posted by robmpulse

Only when going to and from the range, hunting, etc. With the new law, any CCW permit holder can open carry anywhere they would normally be able to with concealment.

rooting for you guys!

We have some stuff going down in PA too!

Originally Posted by robmpulse

And to think, here is FL permit holders may be able to open carry soon...lol

Sorry to hear.... People have NO backbones...

Amended

http://www.miamiherald.com/2011/04/2...s-no-more.html

Fla. "open carry" bill is no more, sponsor says


THE ASSOCIATED PRESS

TALLAHASSEE, Fla. -- A Senate bill that would have allowed weapons to be openly carried in Florida is no more.
Bill sponsor Greg Evers told senators on Wednesday that the measure (SB 234) was being amended. It is scheduled to go to the Senate floor for a vote on Thursday.
The Baker Republican said language allowing open carry of firearms was taken out and replaced with text that simply decriminalizes the accidental showing of an otherwise lawfully-concealed weapon.
A person with a concealed weapon permit now could be charged with a third-degree misdemeanor for inadvertently showing his or her weapon. The bill's backers say the latest amendment was really the intent of the bill all along.
A companion measure (HB 517) is in the House.

Gun bills appear poised for passage

By Zac Anderson

Published: Wednesday, April 27, 2011 at 7:35 p.m.
Last Modified: Wednesday, April 27, 2011 at 7:35 p.m.

TALLAHASSEE - Following a national trend, Florida is poised to adopt three new laws pushed by gun rights advocates. But the most controversial measure — allowing people to carry guns openly in public — was significantly watered down Wednesday.

Groups ranging from the tourism industry, to retailers and law enforcement had fought the open carry law but dropped their opposition after Sen. Ellyn Bogdanoff, R-Fort Lauderdale, introduced a compromise.

The amended bill protects people with concealed weapons permits who "inadvertently" flash their weapon in public in an nonthreatening manner, but still prohibits the open display of firearms.

I think all states should allow carry conceal, its part of the 2nd amendment

As never planning to open carry anyway, and more concerned with accidental brandishing.... this bill works for me. Is there a separate license to allow open carry, though? I still feel it is our right to do so if we really wanted to.