Category: Jurisprudence

FPC looking for plantiffs

On: By: admin

The Firearms Policy Coalition is looking for potential plaintiffs in New York for future legal action.

Here’s what they’re interested in:

  • Live in either New York City or within the counties of Duchess, Orange, Putnam, Rockland, Sullivan, or Westchester
  • Are at least 21 years old
  • Possess a valid license to carry a handgun issued by their city or county of residence
  • Regularly visit New York City and regularly visits or travels through the Times Square area
  • Would carry a handgun in Times Square if not for the law prohibiting it
  • Would be willing to sue New York City and participate in a federal lawsuit as a named plaintiff

I believe they are anticipating a win in the Wolford v. Lopez currently before SCOTUS.

2A challenge to NYPD licensing delays

On: By: admin

Attorney Susan Chana Lask filed a federal civil rights action in the United States District Court for the Eastern District of New York challenging prolonged administrative delays by New York City’s firearms licensing authorities that plaintiffs allege unlawfully burden rights protected by the Second Amendment to the United States Constitution.

Plaintiffs seek declaratory and injunctive relief based on allegations that the City routinely fails to grant or deny handgun license applications even within the six-month timeframe set out in New York Penal Law § 400.00, resulting in extended waits that plaintiffs allege delay the exercise of Second Amendment rights.

Here is a press release in support of the legal action by Councilwoman Vickie Paladino.

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Bragg supports defendant in Wolford v. Lopez

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Manhattan D.A. Alvin Bragg has filed an amicus brief in support of the defendant in Wolford v. Lopez. The Hawaiian law in question is similar to New York’s law prohibiting carrying firearms onto private property unless the property owner has previously consented.

I think SCOTUS is going to shoot down the law which will open up our law to a new legal challenge. We should get a decision by June.

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Trump’s DOJ supporting 2A rights

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President Trump said he supports gun rights and now appears to be backing it up:

“… The Justice Department filed a friend of the court brief in support of the plaintiffs suing Hawaii over a new law that curbs where people with concealed carry permits can bring their firearms, making it a misdemeanor to carry on any private property without “unambiguous written or verbal authorization” or where “clear and conspicuous signage” grants permission from the owner …”

This is similar to New York’s law so a SCOTUS win in this case would affect us.

But it gets even better:

“The Justice Department plans to expand gun-rights protections with a new office in its civil rights division dedicated to enforcing the U.S. constitutional right to bear arms, according to plans shared with Congress and reviewed by Reuters. The office, called the Second Amendment Rights Section, expects to open on December 4 and will be dedicated to investigating local laws or policies limiting gun rights.”

There’s plenty of nonsense going on in the state that could, and should, be investigated for civil rights violations.

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SCOTUS accepts Wolford v. Lopez

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The Supreme Court has accepted the case of Wolford v. Lopez, asking whether Hawaii may presumptively prohibit the carry of handguns by licensed concealed carry permit holders on private property open to the public unless the property owner affirmatively gives express permission to the handgun carrier.

This is essentially the same as part of Hochul’s gun control law. Should the plaintiffs win this case, the New York would not automatically go away. It would have to be re-litigated citing Wolford.