View Full Version : 2nd Amendment Foundation sues NY and MD over handgun permits *now in NJ and IL*
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.
variablebinary
07-29-10, 21:59
This probably wont go to SCOTUS since we already have a compelling precedent with McDonald
GermanSynergy
07-29-10, 22:54
FWIW there's a prominent civil rights atty in MD looking to file a class action suit over this same issue.:dirol:
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.
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.
i suspect the laws will fall one by one. they're not likely to change it unless forced by the supreme court.
...my understanding of Maryland law is that "owning" a handgun is pretty straightforward and non-discretionary, it's just the carry permit that is impossible to get.
Correct.
Now, I realize that to normal English-speaking human beings, the Second Amendment says that we have the right to keep and bear arms, meaning own AND carry them. But I can absolutely see a lower federal court torturing things and saying that because McDonald says only that the right to keep a handgun in the home is protected, it has no bearing on carry permits. In fact, I will bet and give 100:1 odds to anyone that they will say just that.
Unfortunately, that's what I'm predicting as well. Hopefully we're wrong.
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.
30 cal slut
08-01-10, 08:38
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.
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.
Well said.
GermanSynergy
08-01-10, 16:43
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.
You can do that now- you may not like the outcome though. :sarcastic:
30 cal slut
08-01-10, 22:41
:suicide:
You can do that now- you may not like the outcome though. :sarcastic:
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 :( Always making fun of me that he can have his M&P9C on him and I have to leave my G19 at home.
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.
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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.
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 :( Always making fun of me that he can have his M&P9C on him and I have to leave my G19 at home.
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
But my two friends who are LEO can, what makes their life worth more than mine? :confused:
They always taunt me about it too :( Always making fun of me that he can have his M&P9C on him and I have to leave my G19 at home.
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!!!
dookie1481
08-09-10, 19:14
Tangentially, but because I know Rider and Irish may find this interesting: http://www.nraila.org/News/Read/NewsReleases.aspx?ID=14105
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
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!!!
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.
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."
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.
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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I've been getting emails from local groups about this. Finally, the end may actually be in sight here.
oooooooh fuuuuuuuuuuuuuck yeeeeeeeeeeah!
No I have to hurry up and wait...
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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platoonDaddy
12-23-10, 04:34
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.
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.
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.
rubberneck
12-23-10, 08:35
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.
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.
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I'm gity with anticipation by this lawsuit will likely take years. :-( For all I know I may be living in a free state by then.
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.
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Cagemonkey
02-19-11, 17:23
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.
jasonhgross
02-19-11, 17:35
Agree on the NRA. Hey NRA, WTF?
ICANHITHIMMAN
02-19-11, 21:30
Thank you for the update.
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.
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.
Didn't SCOTUS say in those two decisions that there was no right to carry? At least that is how I understood it.
E-mail sent out today:
GermanSynergy
03-18-11, 02:53
Something like "states can impose reasonable restrictions" or something to that effect. It gives communist states the wiggle room to screw gun owners.
Didn't SCOTUS say in those two decisions that there was no right to carry? At least that is how I understood it.
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."
They should be taking the $340 from the piece of shit parents who raise and enable the criminals many of us know well in the inner cities today. They're the real fu*king problem and the democrat's smoke screen for them has become utterly nauseating.
ICANHITHIMMAN
04-09-11, 15:03
Whats 340$ in NJ?
Whats 340$ in NJ?
Nothing, but I'm referring to the last post before mine.
ICANHITHIMMAN
04-09-11, 20:18
Nothing, but I'm referring to the last post before mine.
Ya im not sure what the 340$ is even after reading that maybe a NYC fee or something. Still hope it goes away.
They always taunt me about it too :( Always making fun of me that he can have his M&P9C on him and I have to leave my G19 at home.
They should support your right to self-protection. Remind them of the old saying "when seconds count, the police are only minutes away".
They should support your right to self-protection. Remind them of the old saying "when seconds count, the police are only minutes away".
This has been answered before, but this amounts to nothing more than ball busting from friend to friend. They all agree I should have right to carry.
Either way, I can't wait to see what the outcome of all these suits will be, though I am sure it will take a long time.
What pisses me off is that Gov Christie talks a big game about cutting costs in NJ yet how much money is he allowing the NJ Atny Gen to waste fighting this lawsuit?
To humbly bolster what I said above yesterday, from just over the bridge in Chester:
Mayor Wendell Butler told The Associated Press that he was disheartened to arrive at the scene after the shooting and find 13-year-olds from Philadelphia who had come for the party.
"I asked one of them, 'How did you know about this?' He said, 'It was on Facebook,"' Butler said. "I said, 'Does your mother know where you are?' It's like 11 o'clock at night. He tells me she doesn't care. And I said, 'Oh, my goodness. I guess that's part of the problem."'
Last summer, Butler declared a state of emergency...
http://www.foxnews.com/us/2011/04/09/shot-teen-party-suburban-philly-1-dead/?test=latestnews
This is the majority of our actual gun problem in the northeast.
From an email received today:
BELLEVUE, WA - The Second Amendment Foundation has filed suit in federal court in Illinois, challenging the state's complete prohibition on the carrying of firearms in public for the purpose of self-defense.
The lawsuit alleges that Illinois statutes that completely ban the carrying of handguns for self-defense are "inconsistent with the Second Amendment." Joining SAF are two private citizens, Michael Moore of Champaign and Charles Hooks of Percy. Named as defendants are Illinois Attorney General Lisa Madigan and State Police Superintendent Patrick Keen. SAF is represented by attorneys David Jensen and David Sigale. The lawsuit was filed in U.S. District Court for the Central District of Illinois.
"Illinois is currently the only state in the country that imposes a complete prohibition on the carrying of firearms for personal protection by its citizens," said SAF Executive Vice President Alan Gottlieb. "The state legislature recently stopped, by a thin margin, a concealed carry measure. After the 2008 Heller ruling and last year's McDonald ruling against the City of Chicago that incorporated the Second Amendment to the states, one would think that Illinois lawmakers would act quickly to comply with court decisions and the constitution."
"Illinois is the only state in the country that completely prohibits its citizens from carrying guns for self-defense," Jensen added. "It is incredible that this situation has persisted even in light of the Supreme Court's rulings in Heller and McDonald, and we look forward to vindicating the rights of the people of Illinois."
The lawsuit insists this case is not an attempt to force Illinois into some regulatory scheme, but only to clarify that the state's current regulatory ban on firearms carry is impermissible under the Second Amendment.
"Every other state has some kind of regulatory scenario," Gottlieb noted. "Even in Wisconsin, where there is no concealed carry statute, the state attorney general has recognized that open carry is legal. Only Illinois makes it statutorily impossible for average private citizens to carry firearms for self-defense.
"Whether Illinois lawmakers like it or not," he added, "the Second Amendment right to keep and bear arms is the law of the land. A complete prohibition simply does not pass constitutional muster. The state cannot stick it's head in the sand and pretend this problem does not exist.."
ICANHITHIMMAN
05-13-11, 19:02
Thanks for the update I like to keep up on this stuff
From emails received earlier this month:
Fairfax, Va. -- The National Rifle Association is funding and supporting a lawsuit that challenges the constitutionality of Illinois’ complete and total ban on carrying firearms for self-defense outside the home. The case, filed today in the United States District Court for the Southern District of Illinois, is Shepard v. Madigan. The lead plaintiff is church treasurer Mary Shepard; joining her is the Illinois State Rifle Association, the NRA’s state affiliate.
Mary Shepard is an Illinois resident and a trained gun owner with no criminal record, who is licensed to carry a concealed handgun in two other states. Because Illinois remains the only state that completely prohibits all law-abiding citizens from carrying firearms for self-defense outside the home, Mary Shepard also became a crime victim. While working as the treasurer of her church, Mrs. Shepard and an 83-year-old co-worker were viciously attacked and beaten by a six-foot-three-inch, 245-pound man with a violent past and a criminal record. Mrs. Shepard and her co-worker were lucky to survive, as each of them suffered major injuries to the head, neck and upper body. Mrs. Shepard’s injuries required extensive surgery and physical therapy.
“Mary Shepard isn't just a victim of the violent criminal who attacked her," said Chris W. Cox, executive director of NRA’s Institute for Legislative Action. "She is also a victim of anti self-defense activists in the Illinois legislature who have consistently refused to recognize that good people have the right to protect themselves when they go about their everyday business. We're pleased that the legislature has come closer this year than ever before to changing the law, but close isn't good enough for Mary Shepard and the thousands of other Illinois residents who are prohibited by statute from defending themselves outside the home."
Because Illinois statutes prohibit the right to keep and bear arms and the ability to carry handguns in Illinois, they infringe on the right of the people, including Mrs. Shepard, members of the ISRA and other law-abiding citizens to keep and bear arms as guaranteed by the Second and Fourteenth Amendments to the United States Constitution and are thus null and void.
Cox concluded: "In its historic Heller and McDonald decisions, the U.S. Supreme Court made clear that the Second Amendment protects a fundamental, individual right to keep and bear arms. Mary Shepard's story highlights the need for law-abiding citizens to be able to fully exercise their Second Amendment rights. Whether through the legislature or through the courts, we won't rest until that happens."
The NRA has also filed or supported the following cases to preserve Second Amendment freedoms across the United States since the historic Heller and McDonald rulings, and expects to file more in the coming months:
Benson v. City of Chicago, challenging Chicago's unconstitutionally burdensome handgun restrictions;
Heller v. District of Columbia (Heller II), challenging Washington, D.C.'s overly restrictive firearm registration requirements and ban on commonly owned rifles;
Jackson v. City of San Francisco, challenging that city's gun storage and ammunition regulations;
Jane Doe v. Wilmington Housing Authority, challenging prohibitions on firearms ownership in Delaware public housing;
Jennings v. Bureau of Alcohol, Tobacco, Firearms and Explosives, challenging the federal law that prohibits law-abiding adults between the ages of 18-20 from buying handguns from licensed dealers;
NRA v. McCraw, challenging Texas' law that bans issuance of handgun carry permits to 18-20 year old adults; and
Peruta v. City of San Diego, challenging that city's refusal to issue handgun carry permits to law-abiding applicants.
BELLEVUE, WA - The Second Amendment Foundation announced this morning that it has filed an amended complaint in federal district court in Illinois, challenging the state's statutory prohibitions on the carrying of handguns for personal protection.
Joining SAF in this amended complaint are Illinois Carry, a volunteer organization founded to educate the public about Illinois gun laws, and two more private citizens, Peggy Fechter of Carmi, and Jon Maier, a resident of Bloomington. Michael Moore of Champaign and Charles Hooks of Percy remain active plaintiffs.
Defendants in the lawsuit are Illinois Attorney General Lisa Madigan and State Police Superintendent Hiram Grau. SAF is represented by attorneys David Jensen of New York and David Sigale of Glen Ellyn. The lawsuit was filed in U.S. District Court for the Central District of Illinois in Springfield.
The lawsuit alleges that Illinois statutes that completely ban the carrying of handguns for self-defense deprive the plaintiffs of civil rights under color of law, making them "inconsistent with the Second Amendment."
SAF Executive Vice President Alan Gottlieb welcomed the additional plaintiffs, noting, "After the lawsuit was filed on Tuesday, we were overwhelmed by requests to participate. We want to assure everyone who contacted us that they do not need to be actual plaintiffs in order to benefit from a victory.
"SAF truly appreciates the wave of enthusiasm and support from gun owners all over Illinois," he continued. "But right now we need to move forward and if people would like to support our lawsuit with a tax-exempt contribution to SAF, we would welcome that. We simply cannot take on more plaintiffs at this point and further delay the process."
From e-mail received 5/26:
BELLEVUE, WA - A New Jersey judge today announced he will issue a gun permit to one of the plaintiffs in a Second Amendment Foundation lawsuit against several New Jersey officials for deprivation of civil rights under color of law, because applicants cannot show a "justifiable need" for a permit.
SAF Executive Vice President Alan Gottlieb said today this "clearly indicates that our lawsuit is proper, and we are encouraged to press our case to its conclusion."
Morris County Superior Court Judge David Ironson announced after a hearing in his courtroom this morning that a permit will be issued to lead plaintiff Jeffrey Muller. His application had languished for six months before Judge Philip Maenza, a defendant in the federal lawsuit, denied the permit without a hearing on the grounds that Muller did not have a "justifiable need." Muller had been kidnapped by members of a motorcycle gang who threatened to kill him, in a case of mistaken identity. Several suspects have been arrested in that case, and Muller's application for a permit had gained support from local and state police.
"Finally," Gottlieb said, "one judge has done the right thing, but it took a federal lawsuit to make it happen. Our other plaintiffs are pushing ahead with the lawsuit so we can put an end to this practice once and for all."
SAF is joined in the lawsuit by the Association of New Jersey Rifle & Pistol Clubs, Inc. and several 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 remaining plaintiffs is a part-time sheriff's deputy, a second 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. They are represented by attorney David D. Jensen.
"We're moving forward with this case," Gottlieb stated, "because there are far too many people just like Jeff Muller whose civil rights have been cavalierly denied on the whims of a judge."
Interesting.
http://www.huffingtonpost.com/2011/09/08/rep-la-shawn-ford-conceal_n_953740.html?icid=maing-grid7%7Cmain5%7Cdl3%7Csec3_lnk1%7C93975
Although Illinois' concealed carry bill was defeated in the House in May, a West Side democratic state legislator has suggested after a heated town hall meeting that he may support a measure allowing citizens to carry concealed weapons if it crossed his desk again.
The defeat of Illinois' concealed carry bill in May, making it the only state in the country without one, was led by Chicago lawmakers, and both former mayor Richard M. Daley and current mayor Rahm Emanuel have taken firm positions on gun control. But Rep. La Shawn Ford, a third-term Democrat, said this week it may be worth breaking from his fellow Chicago lawmakers to better serve his largely black constituency.
“Black people want guns, and I know that sounds bad,” Ford told the Chicago Sun-Times.
Eurodriver
09-09-11, 11:54
What the ****?
“Black people want guns, and I know that sounds bad,” Ford told the Chicago Sun-Times.
No, it actually doesn't sound bad. You ****ing racist.
What the ****?
“Black people want guns, and I know that sounds bad,” Ford told the Chicago Sun-Times.
No, it actually doesn't sound bad. You ****ing racist.
Its a black guy saying it, so it can't be racist. Duh.
What the ****?
“Black people want guns, and I know that sounds bad,” Ford told the Chicago Sun-Times.
No, it actually doesn't sound bad. You ****ing racist.
Remember, gun controls roots are in Jim Crow's racism.
SPARTAN HOPLITE ARMS
09-15-11, 20:24
Ya im not sure what the 340$ is even after reading that maybe a NYC fee or something. Still hope it goes away.
That's the application fee and there is an additional $75 fee for fingerprints. Not to mention many other insane requirements. I forget what the renewal fee is or how often it must be renewed but it's somewhere around every 2 or 3 years max. I'd lean towards 2 years. Fee is most likely over $100 to renew.
Some lawyers are taking selected 2nd Amendment cases on percentage . Since McDonald , citizens can get cash damages for goober-mints interfering with thier civil rights . It's like pillaging the enemy for food & treasure -- best thing since a privateer's letter of marque.
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