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Thread: It's On!!!! Alan Gura comes to NY for Kachalsky v. Cacase

  1. #1
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    Talking It's On!!!! Alan Gura comes to NY for Kachalsky v. Cacase

    http://www.calguns.net/calgunforum/a...4&d=1279227878
    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.
    Oh yes, you read that right...

    This, dear friends, is what we've been waiting for and expecting. You've been hearing about this from us since day 1 that it was coming. Now it has come to us as promised and is being handled by the expert team who has gotten us the two big wins in the Supreme Court, and if the other side fights this, all the way to there again for win #3.

    Join SAF to keep funding this effort and show your support for more of this to come. And spread the word!!!
    Bill Cyrus-- Political and Activism Advisor
    SCOPE Board member

    "You can't stop insane people from doing insane things with insane laws. It's insane!" -- Penn Jilette
    Shooters Committee on Political Education http://www.scopeny.org <a href="http://www.twitter.com/SCOPENewYork"><img src="http://twitter-badges.s3.amazonaws.com/t_mini-b.png" alt="Follow SCOPENewYork on Twitter"/></a>
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  2. #2
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    I'm looking forward to this. NY has it coming.

  3. #3
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    Good news! I hope our asinine system of letting issuing officials indiscriminately putting restrictions on permits will be challenged soon.

  4. #4
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    It already is, in Palmer v DC.
    Bill Cyrus-- Political and Activism Advisor
    SCOPE Board member

    "You can't stop insane people from doing insane things with insane laws. It's insane!" -- Penn Jilette
    Shooters Committee on Political Education http://www.scopeny.org <a href="http://www.twitter.com/SCOPENewYork"><img src="http://twitter-badges.s3.amazonaws.com/t_mini-b.png" alt="Follow SCOPENewYork on Twitter"/></a>
    Students for Concealed Carry on Campus http://www.concealedcampus.org
    Second Amendment Foundation: The Legal Sword to Slay the Anti Gun Laws of New York http://www.saf.org Join today!

  5. #5
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    Very interesting! I am a business carry/target hunting permit holder. When i applied for my unrestricted, I was turned down because "under New York Penal Code ||167|| 400.00, handgun carry permit applicants must "demonstrate good cause for the issuance of a permit". I have now retained the services of an attorney (a friend of mine) who is in the process of securing a hearing in front of the issuing judge, Judge William Boller. I hope that with an attorney representing me that the judge will be more inclined to respect my constitutional right. Stay tuned...

  6. #6
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    Procedural update, which explains why the long silence so far:

    9/7/10: Set/Reset Deadlines: Motions due by 10/22/2010. Responses due by 11/12/2010 Replies due by 12/13/2010. (rj) (Entered: 09/10/2010).
    Meaning the case should be heard sometime after Dec 13th, my guess would be early spring. It's ridiculously long, I know, since we've been waiting for almost 100 years but it'll be a slow sure win (might have to eventually go up to the US Supreme Court, though) rather than a quick sure loss.
    Bill Cyrus-- Political and Activism Advisor
    SCOPE Board member

    "You can't stop insane people from doing insane things with insane laws. It's insane!" -- Penn Jilette
    Shooters Committee on Political Education http://www.scopeny.org <a href="http://www.twitter.com/SCOPENewYork"><img src="http://twitter-badges.s3.amazonaws.com/t_mini-b.png" alt="Follow SCOPENewYork on Twitter"/></a>
    Students for Concealed Carry on Campus http://www.concealedcampus.org
    Second Amendment Foundation: The Legal Sword to Slay the Anti Gun Laws of New York http://www.saf.org Join today!

  7. #7
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    More useless stalling:

    http://ia700105.us.archive.org/2/ite...65487.13.0.pdf
    Dear Judge Seibel:

    This office represents individual defendants Susan Cacace and Jeffiey A. Cohen, both ofwhom are New York State court judges ("the State Defendants"). This letter is submitted pursuant to your Individual Practices I (A) and (E) to request a revision to the briefmg schedUle as set by this Court in its Minute Entry ofSeptember 10, 2010. The State Defendants request until Friday, November 5,2010 to serve their motion to dismiss1• In additiont plaintiffs request a concomitant extension to the same date on which to be able to serve a proposed amended complaint. Plaintiffs will then have until Monday, November 15, 2010 to file their opposition to the motions to dismiss and to file their motion for summary judgment. Thereafter, the parties will abide by the briefing schedule as set forth in the September 10, 2010 Minute Entry, to wit: all defendants will serve their reply'to plaintiffs' opposition to the motions to dismiss and their oppositions to the motion for summary judgment on Monday, D.ecember 13,2010. Plaintiffs will thereafter serve their reply to the summaryjudgment oppositions, and all parties will file all motion papers, in a bundle, on Friday, January 7, 2010. For ease ofscheduling. Defendant County of
    Westchester will also abide by this revised schedule.
    Bill Cyrus-- Political and Activism Advisor
    SCOPE Board member

    "You can't stop insane people from doing insane things with insane laws. It's insane!" -- Penn Jilette
    Shooters Committee on Political Education http://www.scopeny.org <a href="http://www.twitter.com/SCOPENewYork"><img src="http://twitter-badges.s3.amazonaws.com/t_mini-b.png" alt="Follow SCOPENewYork on Twitter"/></a>
    Students for Concealed Carry on Campus http://www.concealedcampus.org
    Second Amendment Foundation: The Legal Sword to Slay the Anti Gun Laws of New York http://www.saf.org Join today!

  8. #8

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    Wow, big typo there - Friday, January 7, 2010.... Should read 2011....

  9. #9

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    Thanks for the reminder, I need to join SAF.

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