New York And New Jersey Rifle And Pistol Clubs Take Up Lawsuits Against Gun Control
BY Herschel Smith6 years, 9 months ago
The New York State Rifle & Pistol Association has filed a federal lawsuit challenging the constitutionality of state regulations that prohibit many gun owners from carrying their firearms in public areas without judicial authorization.
Buoyed by a recent federal appeals court decision that dismantled strict gun-control laws in the District of Columbia, the lawsuit filed in Albany this week seeks to open up a court challenge on whether constitutional rights under the Second Amendment extend beyond the home.
“We’re going to try to get the courts, particularly in New York, to look at the Second Amendment as a right that extends to everybody no matter where they may be, with some restrictions,” said Tom King, president of the roughly 35,000-member Rifle & Pistol Association.
The lawsuit was filed in federal court in Albany this week on behalf of Robert Nash, whose application for a conceal-carry permit was rejected two years ago by state Supreme Court Justice Richard C. McNally, Jr.
Bless your heart. Is that what you’re going to try to do? Then there is New Jersey.
The Association of New Jersey Rifle & Pistol Clubs announced February 5 that it has filed suit in federal court to overturn New Jersey’s draconian restrictions on carrying a handgun outside the home for self-defense. Under New Jersey law, a permit to carry a handgun may be issued only to those citizens who show that they face a unique need for self-defense—such as specific, documented death threats or actual attacks. Ordinary citizens are barred from carrying a handgun outside the home for self-defense, under threat of up to 10 years in prison. The plaintiffs in this lawsuit contend those restrictions violate the Second Amendment. Click here for a copy of the complaint.
I wonder if they planned this together? At any rate, this comes right around the time Glenn Reynolds recommended against relying on the courts to secure gun rights. If this goes to federal court, it’s already been decided by Judge Cathy Seibel, who ruled that “individuals do not have a constitutional right to carry a concealed handgun in public. The decision was rendered in the case of Kachalsky, et.al v. Cacace, et.al in the Southern District of New York.”
I wish them success, but I predict abject failure. It’s really too bad. I fear that the Northeast is too far gone to save. The only option at that point is relocation to the South or West. Entrusting the black-robed tyrants with your liberty has proven to be a bad strategy.
On February 6, 2018 at 11:33 am, JMCobb said:
I really don’t understand why conservatives don’t abandon unAmerica to its fate and vote with their feet, enmass.
In spite of the left coast and the pink coast being “home”, it’s time to find a new home in Free America.
On February 6, 2018 at 5:46 pm, ExpatNJ said:
JM –
Cuckservatives (fixed it for ‘ya) offer plenty of ‘justifications’ to resist relocation:
– My (pick one) family, friends, children, job, property, business are here;
– I have debts (mortgage, car/business loans, CC’s, etc) & can’t afford to;
– I’m too old to move, wouldn’t know where to go, etc.;
– [your suggested excuse here]
Many gun owners in Nazi Jerzey voted with their feet after the Florio AW ban. That left a huge gap to fill for those left to fight the good fight. I got exhausted from butting my head up against the statist-lovers, gave up and left, too. I do not envy those still there.
Only if the jackboot of government in NJ, NY, CA, MA, and other unAmerica states/cities gets far more tyrannical for EVERYONE there will the citizenry get rid of their overlords – if they ever do find the desire to throw off their chains.
On February 10, 2018 at 7:53 pm, Kelley Taylor said:
And why should we have to leave our home, the place we were born and raised ExpatNJ? Why should we have to run? We are staying right here behind enemy lines. We raise our voices here in Upstate NY, we vote, we serve on juries, we ignore the SAFE Act. We try to be a thorn in their side here where we live near the VT border. But no, we are not running. If we could just lop everything off south of the Tappan Zee then we would no longer be political prisoners in our own state. But until then we stay to remind them, to irritate them and maybe when the time comes raise a little hell.