2nd Amendment Foundation sues NY and MD over handgun permits *now in NJ and IL*

General General Discussion
1

From e-mail received today:

SAF SUES IN MARYLAND OVER
HANDGUN PERMIT DENIAL

BELLEVUE, WA - The Second Amendment Foundation and a Baltimore County, MD man today sued Maryland authorities in federal court because the man’s handgun permit renewal was turned down on the grounds that he could not demonstrate “a reasonable precaution against apprehended danger.”

The lawsuit was filed in U.S. District Court for the District of Maryland.

Joining SAF in the lawsuit is Raymond Woollard, who was originally issued a carry permit after a man broke into his home during a family gathering in 2002. Woollard’s permit was renewed in 2005, after the man was released from prison. That man now lives about three miles from Woollard. Defendants in the case are Terrence B. Sheridan is the Secretary and Superintendent of the Maryland State Police, and three members of the Maryland Handgun Permit Review Board, Denis Gallagher, Seymour Goldstein and Charles M. Thomas, Jr.

SAF and Woollard are represented by attorneys Alan Gura of Virginia and Cary J. Hansel of Joseph, Greenwald & Laake of Greenbelt, MD.

The lawsuit alleges that “Individuals cannot be required to demonstrate that carrying a handgun is necessary as a reasonable precaution against apprehended danger’ as a prerequisite for exercising their Second Amendment rights.” Plaintiffs are seeking a permanent injunction against enforcement of the Maryland provision that requires permit applicants to “demonstrate cause” for the issuance of a carry permit.

“Laws that empower bureaucrats to deny the exercise of a fundamental civil right because they cannot show good cause to exercise that right can’t possibly stand up under constitutional scrutiny,” said SAF Executive Vice President Alan M. Gottlieb. “We are supporting Mr. Woollard in this action because constitutional rights trump bureaucratic whims.”

From e-mail received 7/15:

SAF SUES IN NEW YORK TO VOID ‘GOOD
CAUSE’ CARRY PERMIT REQUIREMENT

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 ||167|| 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.

2

This probably wont go to SCOTUS since we already have a compelling precedent with McDonald

3

FWIW there’s a prominent civil rights atty in MD looking to file a class action suit over this same issue.:dirol:

4

Okay, stupid question…

Since this is going to federal court, if the court rules that having a law that says a applicant has to show “just/good/demonstrate cause”, is unconstituttional, will this apply only to NY and MD because the cases are brought against them or will it apply to all such laws in the country?

Just asking cause NJ has the same BS law.

5

i suspect the laws will fall one by one. they’re not likely to change it unless forced by the supreme court.

6

…

7

Correct.

Unfortunately, that’s what I’m predicting as well. Hopefully we’re wrong.

8

i would be surprised if the right to carry a handgun was recognized as well.
still it is kind of fun to be on the winning side after all the anti gun crap that went down on the 80’s and 90’s.

9

I won’t be happy until I can lolligag down fifth avenue, baltimore harbor or dupont circle :eek: with an openly slung non-ban model M4.

10

Well said.

11

You can do that now- you may not like the outcome though. :sarcastic:

12

:suicide:

13

I was about to say the same thing lol. Now one is stoping you really, aside for the 50 cops what will tackle you shortly after you begin your stroll lol.

I have less grandois plans. All I want to a CCW in NJ so that I don’t feel like a second class citizen who’s safety is not a consern of the state, and can not protect himself in any other way unless I am home. If no one could CCW in NJ that would be one thing. But my two friends who are LEO can, what makes their life worth more than mine? :confused:

They always taunt me about it too :frowning: Always making fun of me that he can have his M&P9C on him and I have to leave my G19 at home.

14

E-mail sent today from SAF:

MARYLAND GROUP GIVES $10K TO SAF FOR HELP IN LAWSUIT

BELLEVUE, WA - A generous $10,000 contribution to the Second Amendment Foundation’s continuing legal efforts to roll back onerous gun laws across the country, including the state of Maryland, has been announced by Maryland Shall Issue (MSI), a grassroots gun rights organization.

“We are grateful and humbled by the Maryland Shall Issue contribution,” said SAF Executive Vice President Alan M. Gottlieb. “This single donation will greatly support our on-going legal battles to restore lost gun rights, one lawsuit at a time.”

In an e-mail announcement to its members, MSI noted, “This is one of the times where we must stand up as a community and demonstrate our commitment to supporting those that are supporting us. In this case, we want to support the SAF.”

On July 29, SAF filed a lawsuit in Maryland on behalf of Baltimore County resident Raymond Woollard, challenging the denial of his gun permit renewal in 2009 on the grounds that he could not demonstrate “a reasonable precaution against apprehended danger.”

“Although our lawsuit complaint cannot be amended,” Gottlieb announced, “we are making Maryland Shall Issue an honorary plaintiff. We simply cannot amply express our gratitude to MSI members for their generosity.”

MSI held a general members’ meeting on Sunday in Annapolis to announce the contribution. Traditionally, the organization has asked for member donations only once each year, during membership renewals in September.

“Maryland’s contribution comes at a critical time for us,” Gottlieb stated. “We will use this money wisely, to get the biggest legal bang for every buck.”

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.

< Please e-mail, distribute, and circulate to friends and family >

Copyright © 2010 Second Amendment Foundation, All Rights Reserved.

15

SAF and CCRKBA are the two orgs other than NRA I donate to. I have found GOA telling flat out lies in some of it’s mailings.

Even if this effort fails it is nice to see somebody taking it to the enemy and forcing them to spend funds defending their unconstitutional (IMO) laws.

16

Your friends should be ashamed. They should be entirely supportive of your right to bear arms. Maybe they jest but I, for one, would not be of good humor regarding this issue.

Buckaroo

17

Sounds like an immature, arrogant prick who I’m sure has much more disdain for his “customers” than his “friends”, I wonder how he treats the citizens in his patrol area? Find somebody new to hang out with who doesn’t have a God complex to go with his shield.

Way to go SAF!!!

18

Tangentially, but because I know Rider and Irish may find this interesting: http://www.nraila.org/News/Read/NewsReleases.aspx?ID=14105

19

No guys, don’t take it that way at all. They just bust b*lls. No bad intentions in the least. Sure it sucks that I can’t carry and they can, but they mean no harm by it and they do support my having the ability to legally carry in NJ as well, thought one questions why I need an AR, and AK a Glock and a Beretta. “why do you need all those guns man?” lol

Its just guys busting chops over a few beers. One tells me I can’t carry, I tell him that I banged his sister. The other says something about it, I remind him that my car is faster and he can’t drive to save his life. Sure they are not equal, having sexual relations with my friend’s sister will not endanger his life, nore will not being able to shift a car fast at the track, where me not having a firearm on me can endanger my life. But its just b*ll bstng between friends.

Its more agravating that the state I live in decides who’s life is more important and who should have the RIGHT to protect themselves. Its not up to the state to decide and I hope someday soon it will change. I really want to move out of the state, but its not as easy as saying it.

20

More news:

BELLEVUE, WA - The New York-based Shooters Committee On Political Education (SCOPE) has made a generous $5,000 contribution to the Second Amendment Foundation’s continuing legal efforts to roll back onerous gun laws in various states, including New York, where SAF recently filed a lawsuit in Westchester County over a state law that allows carry licenses to be denied because applicants cannot show “good cause.”

“This generous contribution from our good friends at SCOPE will help our battle against gun laws that tie the hands of law-abiding citizens in bureaucratic red tape,” said SAF Executive Vice President Alan M. Gottlieb. “SCOPE’s donation is a financial right-hook to the indifference of public officials who really should be the ones required to show good cause’ for withholding a gun permit.”

“For too long New York State has treated the right to keep and bear arms and even the basic right of self defense as privilege to be granted or denied at the whim of government officials,” added Stephen J Aldstadt, SCOPE president.

On July 16, SAF filed a lawsuit in federal district court on behalf of 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.

“This case strikes right at the core of a problem that has existed in New York for generations,” Gottlieb said. “For far too long, the New York bureaucracy has treated our Second Amendment right as a second-class privilege. Thanks to SCOPE, we will fight to correct this unjust system in the courts. We’re restoring gun rights one lawsuit at a time.”