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2nd Ammd'nt Foundation continues the heavy lifting

Discussion in 'Politics, Elections & Legislation' started by wireguy, Jul 16, 2010.

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  1. wireguy

    wireguy TS Member

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    2nd Ammd

    From THE SHOOTING WIRE:

    FEATURE
    Heating Up the Gun Battles
    The Second Amendment Foundation continues its assault on bad gun legislation with a federal lawsuit against Westchester County, New York and its handgun permit licensing officers. The suit seeks a permanent injunction against enforcement of a New York state law that allows carry licenses to be denied because applicants cannot show "good cause".

    Westchester County residents Alan Kachalsky and Christina Kikolov are also parties to the lawsuit. Both had permits denied. Kachalsky's denial was because he could not "demonstrate a need for self protection distinguishable from that of the general public."
    Kikolov's was denied because she could not demonstrate "any type of threat to her own safety anywhere."

    If it's true that Kikolov had no demonstrable threat to her safety anywhere, I'd like to live in her neighborhood. Having lived in New York, however, I'm betting that's a little artistic license on the part of the handgun permit licensing officer. Another Westchester pair, Susan Cacace and Jefferey Cohen, both of whom served at times as handgun permit licensing officers, were also named as defendants.

    According to the suit, New York Penal Code says handgun carry permit applicants must "demonstrate good cause for the issuance of a permit. The plaintiffs claim that "good cause" requirement violates the Second Amendment.

    "American citizens like Alan Kachalsky and Christina Nikolov should not have to demonstrate good cause in order to exercise a constitutionally-protected civil right," says 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'."

    As usual, Gottlieb's coming into U.S. District Court (the Southern Division of New York White Plains Division) with his big legal gun blazing. Attorney Alan Gura, 2-0 in Second Amendment cases before the U.S. Supreme Court is representing the plaintiffs, along with Vincent Gelardi of Rye Brook, New York.

    This case seems to be another of the series of domino-effect cases that will be required to force recognition of the United States Supreme Court's having found - twice- that the Second Amendment right to keep and bear arms applies to all citizens on an equal basis.
     
  2. hrosik123

    hrosik123 Member

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    Westchester County isn't saying they can't have guns, but that they just can't carry them. Personally I don't believe that half the people who apply for such permits have enough experience with guns let alone enough common sense to carry. Good luck Chuck Hrosik
     
  3. WS-1

    WS-1 Banned User Banned

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    Respectfully, Chuck, on this particular topic, we don't care what you think: we care what the Constitution thinks.

    Kit Thomas
     
  4. halfmile

    halfmile Well-Known Member

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    Having to "prove" your qualifications to exercise your right is the hallmark of a totalitarian state.

    In the USSR, all the well connected party members could carry guns.


    Back to Animal Farm.

    HM
     
  5. Bushmaster1313

    Bushmaster1313 Well-Known Member

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    If the the 2A protects the People's right to keep and Bear arms, why would a permit hold need to show a need distinguishable from the general public?

    Duh
     
  6. hrosik123

    hrosik123 Member

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    WS-1, this site is designed to offer different opinions. If you want people who clearly don't know how to handle a weapon or have the utmost respect for what it can do then let them live in your nieghborhood. As for me if someones gonna carry a gun I want them to know what the hell they're doing. I'm pretty sure you wouldn't let your kids hang out with half the people who are issued such permits. Carry if you can, but make sure you know what you're doing. Chew on that for a little, with all due respect. Good luck Chuck Hrosik
     
  7. Bushmaster1313

    Bushmaster1313 Well-Known Member

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    2nd Ammd

    Chuck,

    Which of your civil rights may I deny to you?
     
  8. BAD 303

    BAD 303 Active Member

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    The constitution does not say you can carry a gun if another person decides they are fine with it. Why is it so hard for people read what it says not what they want it to say.
     
  9. no5shooter

    no5shooter Member

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    Yup, folks who are carrying really should know what they're doing. That's only common sense. But then, consider how many people have driver's licenses in this country, and consider how many of them drive while they're texting, using the phone, putting on makeup, shaving, etc. You get the point. Spend some time on two wheels and just watch the bozos you're sharing the road with. If we're asking about our kids spending time in the company of inept carriers of concealed weapons, we should be concerned about the same kids being on the street or in the same car as some of the drivers I've mentioned.
    Hopefully, the permit-issuing processes in the 40 or so states which recognize our Constitutional rights include a requirement for some instruction prior to issuance of those permits. I know that's the way it is in my state.
     
  10. Bushmaster1313

    Bushmaster1313 Well-Known Member

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    How about making people get a license before having a kid?
     
  11. Brian in Oregon

    Brian in Oregon Well-Known Member

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    Boy, the liberal anti-gunners are sure coming out here like ants in the woodwork.
     
  12. ddsflyer

    ddsflyer TS Member

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    What part of "bear arms" and "shall not be infringed" do you not understand?
     
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