New York Gov. Andrew Cuomo. Purveyor of the state’s open hostility toward the Second Amendment. (Photo: CNBC)
Beleaguered New York gun owners may have a chance to regain some of their Second Amendment rights.
The New York State Rifle & Pistol Association has filed a federal lawsuit that challenges the state’s draconian concealed carry requirements, local media reports.
“We’re going to try to get the courts, particularly in New York, to look at the Second Amendment as a right that extends to everybody no matter where they may be, with some restrictions,” Tom King, president of the roughly 35,000-member Rifle & Pistol Association, told the Times-Union.
Under current state law, local judges have total control over the issuance of concealed carry permits within their jurisdiction. Some judges readily issue such permits; others almost never do. This, combined with a requirement that applicants demonstrate they face “special danger,” creates an inconsistent and unfair environment in which some “favored citizens” can enjoy Second Amendment rights while “typical, law-abiding citizens” cannot, the lawsuit states.
“A government restriction that limits the right to bear arms in public for the purpose of self-defense to only those few, favored citizens who can demonstrate that they face a special danger to their life effectively operates as a flat ban on the carrying of firearms by typical law-abiding citizens,” the lawsuit argues.
SEE ALSO: 70,000 New York Permit Holders Are Now Felons for Failing to Register Handguns
The suit was filed on behalf of New York resident Robert Nash, whose application for a conceal-carry permit was rejected two years ago by state Supreme Court Justice Richard C. McNally, Jr.
Nash argued that his neighborhood had experienced a “string of robberies” and wanted to carry a firearm to defend himself.
He also noted his growing proficiency with a firearm and his commitment to upholding the law.
“I have and continue to be a law abiding citizen of Rensselaer County,” Nash wrote in the request to McNally in September 2016. “I have spent the last year and a half improving my proficiency with my pistol in a safe manner. My shooting continues to become more accurate the more I practice. My cousin Tim Osborn, a former marksman in the US Army, has been a big part of this working on handling techniques, sight alignment, stance, breathing techniques, and trigger control with me.”
McNally rejected Nash’s application, but helpfully noted that Nash could still carry his pistol under limited circumstances, such as for hunting or in remote hiking areas.
This isn’t the first time the New York Rifle and Pistol Association has challenged the state’s concealed carry laws. They filed a similar lawsuit in 2013 that was ultimately struck down, but proponents believe they have a better chance this time around.
Pro-gun advocates recently won a suit in Washington, D.C., that dismantled a “good cause” requirement similar to New York’s. The victory in D.C. has prompted the second attempt currently underway in The Empire State.
NYS is a cesspool of corruption. Having to show how proficient you are citing all your practice , etc. is ridiculous! That liberal democrat judge doesn’t care. He/she will turn you down even if you could shoot all your shots through the hole your first shot made. Its a futile exercise and argument. Unless you can get it up to the U.S. Supreme court after President Trump gets another conservative appointee approved on the court, the court will not take up the case. Option: If you have the opportunity, get the hell out of a state that oppresses its citizens by denying constitutional rights, has high taxes 2nd only to California, over regulated, high unemployment, businesses leaving for business friendly states, crappy cold and snowy weather and has corrupt dictatorial politicians and judges. Move to states like Arizona! NO PERMIT REQUIRED FOR CONCEALED CARRY! 93% available sunshine per year. Good business climate, low taxes. There’s a reason NYS ranks third in the nation in number of people leaving their state. If you have to stay because of job and/or family, then yes, by all means fight. Maybe there needs to be a million man and woman march on D.C. and packin’, to send the message that law abiding, 2nd amendment supporting Americans will no longer tolerate the infringement of our constitutional rights and call for gederal constitutional carry across all states that must pre-empt any states law that infringes upon that right to protect oneself and one’s family where ever you go or travel to.
70,000 New York Permit Holders Are Now Felons for Failing to Register Handguns…………..
Why in the world would they register.. I seem to recall not to many years ago, NY and CA, both banned AR-15’s and
high capacity mags,, but grand fathered current owners as long as they registered them.. After a few years they changed their minds on the grandfather part and made any ownership of such weapons and mag illegal .. Owners had to sell, turn in to police or destroy said weapons and mags. And since people registered them, the police knew exactly who had them. Its either time to move from said states or stay and fight… Fighting back will certainly result in ones death with the media saying ” the person was crazy” Until this country is willing to stand up and fight back as a whole, these dictators will continue to chip away at gun rights until they are completely gone
Robert, the real problem is in the fact that people voted and put idiots like this into office. Those same idiots are so brain washed there is no convincing them they are wrong. They actually believe that the government will protect them all the way to the FEMA camps/gas chamber and smile all the way! We are in a civil war of information and brain dead zombies that believe anything they are told, hear and freebies given to distract and convince them they will be taken care of. We all have to remember and be prepared, like it or not, want it or not,
“God forbid we should ever be twenty years without such a rebellion.
The people cannot be all, and always, well informed. The part which is
wrong will be discontented, in proportion to the importance of the facts
they misconceive. If they remain quiet under such misconceptions,
it is lethargy, the forerunner of death to the public liberty. …
And what country can preserve its liberties, if its rulers are not
warned from time to time, that this people preserve the spirit of
resistance? Let them take arms. The remedy is to set them right as
to the facts, pardon and pacify them. What signify a few lives lost
in a century or two? The tree of liberty must be refreshed from
time to time, with the blood of patriots and tyrants.
It is its natural manure.”
Thomas Jefferson
This is just a fundraiser lawsuit from Tom King to appeal for member donations. NYSRPA desperately needs money after losing members who discovered how corrupt he has been in handling member funds. King has diverted money from the NYSRPA\’s treasury to family, fellow board members and friends. He costs the association almost $100,000 a year in salary and does nothing of value but monitor facebook and publishes the association\’s inconsequential magazine which is printed by a company his daughter works for on a no bid contract.
Now King wants members to pay about $200,000 to buy and renovate a run down building that just happens to be 2 minutes away from his house and is 3,500 square feet in size. All that space just for he and his office manager. Worst of all, King hid this crucial fact when he asked the NYSRPA Board to approve the purchase showing that his motives were all about taking care of himself and not the NYSRPA members.
It\’s all documented at these links. King is corrupt and ineffective. No two ways about it.
https://nygunforum.com/threads/tom-king-sells-out-nysrpa-members-again.9939/
https://nygunforum.com/threads/more-dishonesty-from-nysrpa-and-tom-king.17004/
This is just a fundraiser lawsuit from Tom King to appeal for member donations. NYSRPA desperately needs money after losing members who discovered how corrupt he has been in handling member funds. King has diverted money from the NYSRPA’s treasury to family, fellow board members and friends. He costs the association almost $100,000 a year in salary and does nothing of value but monitor facebook and publishes the association’s inconsequential magazine which is printed by a company his daughter works for on a no bid contract.
Now King wants members to pay about $200,000 to buy and renovate a run down building that just happens to be 2 minutes away from his house and is 3,500 square feet in size. All that space just for he and his office manager. Worst of all, King hid this crucial fact when he asked the NYSRPA Board to approve the purchase showing that his motives were all about taking care of himself and not the NYSRPA members.
It’s all documented at these links. King is corrupt and ineffective. No two ways about it.
https://nygunforum.com/threads/tom-king-sells-out-nysrpa-members-again.9939/
https://nygunforum.com/threads/more-dishonesty-from-nysrpa-and-tom-king.17004/