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

General General Discussion
21

From e-mail received yesterday:

LONG ISLAND GROUP GIVES $2K TO SAF FOR HELP IN LAWSUIT

BELLEVUE, WA - Long Island Firearms has contributed $2,000 to the Second Amendment Foundation to support its legal actions, including a lawsuit in Westchester County challenging a state law that allows carry licenses to be denied because applicants cannot show “good cause.”

This is the second such contribution from a New York group. Earlier, the Shooters Committee On Political Education (SCOPE) contributed to the SAF legal action effort.

“SAF is very grateful for this level of support from Long Island Firearms,” said SAF Executive Vice President Alan M. Gottlieb. “The level of support we are getting from New York gun owners clearly demonstrates their dedication to correcting the Empire State’s onerous gun laws. For far too long, officials in the Empire State have treated the Second Amendment right to keep and bear arms as a highly-regulated privilege. It is time for that to end.”

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.

“Long Island Firearms recognizes the implications of our lawsuit,” Gottlieb noted, “and they have generously put their money on the line. We certainly appreciate the support, and we’re going to use every penny wisely in our effort to restore gun rights one lawsuit at a time.”

Long Island Firearms maintains a website that promotes firearms education, gun reviews and other activities. Their website is LongIslandFirearms.com.

22

From e-mail received today:

SAF SUES N.J. OFFICIALS FOR ‘DEPRIVATION OF CIVIL RIGHTS’ ON PERMIT DENIALS

BELLEVUE, WA - The Second Amendment Foundation today filed suit in U.S. District Court for the District of New Jersey against several New Jersey officials for deprivation of civil rights under color of law.

SAF is joined in the lawsuit by the Association of New Jersey Rifle & Pistol Clubs, Inc. and six private citizens whose applications for permits to carry have been denied generally on the grounds that they have not shown a “justifiable need.” One of the plaintiffs is a kidnap victim, another is a part-time sheriff’s deputy, a third carries large amounts of cash in his private business and another is a civilian employee of the FBI in New Jersey who is fearful of attack from a radical Islamic fundamentalist group. Plaintiffs are represented by attorneys David D. Jensen and Robert P. Firriolo with the firm of Duane Morris, LLP in Newark.

Named as defendants in the case are three Superior Court judges, Philip J. Maenza, Morris County; Rudolph A. Filko, Passaic County and Edward A. Jerejian of Bergen County, plus Col. Rick Fuentes, superintendent of the State Police, Hammonton Police Chief Frank Ingemi and New Jersey Attorney General Paula T. Dow.

“Law-abiding New Jersey citizens have been arbitrarily deprived of their ability to defend themselves and their families for years under the state’s horribly-crafted laws,” said SAF Executive Vice President Alan M. Gottlieb. "The law grants uncontrolled discretion to police chiefs and other public officials to deny license applications even in cases where the applicant has shown a clear and present danger exists.

“If being a kidnap victim, or part-time law enforcement officer, or the potential target of a known radical group does not clearly demonstrate a justifiable need,” he continued, "the defendants need to explain what would. Do citizens need guns to their heads or knives to their throats before the state considers their need to be justified?

“Supreme Court rulings have made it clear that the Second Amendment prohibits states from completely banning the carrying of handguns for self-defense,” Gottlieb said. “Nor may states deny citizens the right to carry handguns in non-sensitive places or deprive them of the right to carry in an arbitrary and capricious manner. That’s what is happening today in New Jersey, and we intend to stop it.”

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.

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Copyright 2010 Second Amendment Foundation, All Rights Reserved.

23

I’ve been getting emails from local groups about this. Finally, the end may actually be in sight here.

24

About effin time!

25

oooooooh fuuuuuuuuuuuuuck yeeeeeeeeeeah!

No I have to hurry up and wait…

26

From an e-mail received today:

BELLEVUE, WA - The Second Amendment Foundation and the Association of New Jersey Rifle and Pistol Clubs have filed a motion for summary judgment in their federal lawsuit that challenges New Jersey handgun carry laws.

SAF and ANJRPC filed the lawsuit last month in federal district court in New Jersey. If this motion is granted, there could be action on the case early in 2011.

“We’re challenging New Jersey’s unconscionable law that forces citizens to demonstrate some absurd justifiable need’ in order to exercise a constitutional right to keep and bear arms,” said SAF Executive Vice President Alan Gottlieb. “The way Garden State officials consistently abuse their authority to deny handgun licenses under existing statute is simply unconstitutional, and our case will prove that.”

“Our papers represent a superb piece of legal work and establish a rock solid foundation for restoring sanity to the way New Jersey treats the fundamental right of self defense,” added ANJRPC President Scott Bach. “The right to defend yourself with a firearm outside the home has long been denied in the Garden State, and we intend to change that.”

The legal brief filed as part of Monday’s summary judgment motion details the legal reasons for overturning New Jersey’s carry laws.

“Our partners in New Jersey anticipate opposition from the state Attorney General,” Gottlieb said. “We expect a motion for dismissal to be filed by the Attorney General sometime next month.”

Since its historic Second Amendment victory in McDonald v. City of Chicago, SAF is also pursuing challenges to similar gun permit law abuses in New York, California, Maryland and Washington, D.C., and has also filed a federal lawsuit challenging North Carolina’s Emergency Powers statute, along with several other important Second Amendment cases.

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.

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27

we here in the socialist state of Maryland will never receive a positive ruling. Both houses and the judges are all socialist, therefore we will continue to be outlaws.

You guys in NJ are fortunate that the fatMan is shaking the foundations and changing things. Your bear hunt was HOPEFULLY the 1st step of many positive rulings for gun owners.

28

I really like the guy overall, but the “fat man” isn’t changing anything regarding firearms. While not a strong anti, he is also not known for his pro gun views.

Plus this lawsuit has been in the works since the Chicago decision.

29

Where is the NRA in all of this? They have the deepest pockets and a legion of attorneys at their beck and call, but like the Heller and McDonald case someone else has to do all the heavy lifting before the NRA swoops in at the last second and try’s to take all the glory. Aren’t these lawsuits the very sort of thing they should be leading from the front on?

When I lived in NJ I had a discussion with an attorney about filling a lawsuit against the state for denying my carry permit application. When I asked him if we could get the NRA involved to help cover some of the costs he laughed and said that he had approached them several times to do exactly that and each time he was told thanks but no thanks.

In the end I didn’t follow through with it as it would have cost me a bloody fortune. My hat goes off to the folks at the 2nd Amendment Foundation for actually stepping up to the plate and trying to get things done. It’s nice to know that there are some people with the balls to bring the fight to the anti-gunners. I’ll be cutting them a check shortly.

30

From an e-mail received yesterday:

SAF REACTS TO NEW JERSEY RESPONSE IN RIGHT-TO-CARRY LAWSUIT

BELLEVUE, WA - The New Jersey Attorney General’s motion to dismiss a recently-filed Second Amendment Foundation lawsuit against the state’s subjective handgun carry laws was “predictable and disappointing,” SAF said today.

The lawsuit challenging the constitutionality of the Garden State’s “justifiable need” gun permit standard also involves the Association of New Jersey Rifle and Pistol Clubs and six private citizens. It was filed in November in federal court.

The Attorney General’s brief asserted, “When a handgun is carried in public, the serious risks and dangers of misuse and accidental use are borne by the public.”

“That is a pretty lame argument,” said SAF Executive Vice President Alan Gottlieb. “Considering that there are more than 6.2 million law-abiding citizens licensed to carry in 48 states, and that many of these people have either intervened in, or prevented crimes by their mere presence, New Jersey’s position on this issue simply defies common sense.”

Gottlieb said the very nature of New Jersey’s “justifiable need” requirement is arbitrary, discriminatory and “wide open to official abuse.”

“We are disappointed but not surprised by the State’s response to our lawsuit,” noted ANJRPC President Scott Bach. “The right to defend yourself with a firearm outside the home has long been disparaged in the Garden State, and if necessary we are prepared to take this lawsuit all the way to the U.S. Supreme Court to change that.”

SAF is also challenging gun permit provisions in neighboring New York and Maryland, and has filed a federal challenge to North Carolina’s Emergency Powers Act. Additionally, SAF filed a lawsuit against Attorney General Eric Holder over enforcement of provisions in the 1968 Gun Control Act that prevent American citizens living abroad from purchasing firearms in this country. SAF won Second Amendment incorporation in its lawsuit against the Chicago handgun ban, McDonald v. City of Chicago.

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 >

31

I’m gity with anticipation by this lawsuit will likely take years. :frowning: For all I know I may be living in a free state by then.

32

Email received yesterday:

Powerful Response to NJ Attorney General’s Argument That the Second Amendment Only Applies inside the Home And that the Public Needs to be Protected from Those Who Legally Carry Firearms

On February 18, the Second Amendment Foundation (SAF), Association of New Jersey Rifle and Pistol Clubs (ANJRPC) and 6 individual plaintiffs filed reply papers in their historic right to carry lawsuit, in response to the State of New Jersey’s absurd argument that the Second Amendment only applies inside the home, and that the public needs to be protected from those who legally carry firearms. The new reply papers are available on www.saf.org.

The federal lawsuit, filed in November of last year, challenges New Jersey’s unconstitutional “justifiable need” standard for issuance of handgun carry permits - a nearly impossible standard to meet that has all but eliminated the right to self-defense with a firearm in the Garden State.

In its papers filed last month, the Attorney General defended New Jersey’s existing carry laws, revealed apparent anti-Second Amendment bias, and moved to dismiss (i.e., end) the case. A nearly identical “friend of the court” brief was filed one day later by The Brady Campaign, Million Mom March NJ chapter, and CeaseFire NJ.

“The Second Amendment Foundation has funded this important lawsuit because the State of New Jersey can not be allowed to violate the Constitution,” said Alan Gottlieb, founder of SAF. “We are not going to let New Jersey or any other state violate the rights of gun owners,” he added.

“It is now crystal clear that the State of New Jersey has no intention of ever respecting the right to defend yourself with a firearm outside the home, and will have to be dragged, kicking and screaming, into compliance with the Heller and McDonald decisions,” said ANJRPC President Scott Bach. “With this lawsuit, we intend to do just that, even if we have to go all the way to the U.S. Supreme Court,” said Bach.

The State’s responsive papers are due in Mid-March, after which the case will be submitted to a U.S. District Court Judge for decision, which could come as early as this Summer. Appeals are anticipated regardless of the decision.

The Second Amendment Foundation will keep you apprised of major case developments as they occur. Please watch for future alerts.

Join The Fight at SAF.org! Support The Second Amendment Foundation’s Efforts to Restore The Second Amendment in the Garden State and all across America .

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.

33

Man, I wish Massachusetts could jump on board the bandwagon. Our guns laws have got to be the worst in the nation. Thats probably why nothing much will happen hear. The NRA and other 2nd Amendment groups wrote MA off a long time ago.

34

Agree on the NRA. Hey NRA, WTF?

35

Thank you for the update.

36

I was due to renew last December but didn’t for the first time in many years. I’m tired of them being invisible here, especially now at this critical time.

Plus I can deal without all the goofy mailers, though they did seem to finally die down a bit.

37

E-mail sent out today:

On March 16, the New Jersey Attorney General filed its final lower court response in the recently-filed lawsuit challenging New Jersey’s extreme and subjective handgun carry laws.

As in its previous papers, the Attorney General again trashed the Second Amendment, arguing that the right to bear arms does not apply outside the home, and that New Jersey’s carry laws are constitutional and necessary to protect the public from those who legally carry firearms.

The federal lawsuit, filed in November of last year by Association of New Jersey Rifle and Pistol Clubs, the Second Amendment Foundation, and six individual plaintiffs, challenges New Jersey’s unconstitutional justifiable need standard for issuance of handgun carry permits a nearly impossible standard to meet that has all but eliminated the right to self defense with a firearm in the Garden State.

“It is now crystal clear that the State of New Jersey has no intention of ever respecting the right to defend yourself with a firearm outside the home, and will have to be dragged, kicking and screaming, into compliance with the Heller and McDonald decisions,” said ANJRPC President Scott Bach. “With this lawsuit, we intend to do just that, even if we have to go all the way to the U.S. Supreme Court,” said Bach.

SAF founder Alan Gottlieb added, “With the help of our members and supporters we will fund this legal action all the way to the U.S. Supreme Court just like we did with McDonald vs. Chicago. This case will impact states all across the country.”
.
The case is now submitted for consideration by a U.S. District Court Judge, who could rule as early as September. Appeals are anticipated regardless of the decision.

SAF will keep you apprised of major case developments as they occur. Please watch for future alerts.

38

Didn’t SCOTUS say in those two decisions that there was no right to carry? At least that is how I understood it.

39

Something like “states can impose reasonable restrictions” or something to that effect. It gives communist states the wiggle room to screw gun owners.

40

Email today:

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.”