SAF Sues New York City over Handgun Fees!

[esqappellate]

Rehearing denied. No dissent.

 

[SilverBulletZ06]

Completely unsurprising.

 

[press1280]

Let's see if they ask for cert, I have a feeling they may not wait the entire 90 days. By waiting they end up more than likely having their case heard next term, and if Heller 5 justice decides to suddenly retire then we're in trouble.

 

[RightNYer]

In liberal la la land, it's perfectly fine to make someone pay $340 to own a handgun in the home, but heaven forbid someone have to buy a $5 state ID to vote or wait 24 hours before butchering her unborn baby.

 

[Patrick]

That's what I thought. I didn't follow what Patrick wrote.

Was trying to get at what Mark said, but not so eloquently.

 

[krucam]

Was trying to get at what Mark said, but not so eloquently.

Puh-leeze....

 

[Patrick]

Puh-leeze....

Brother, that Texas sun ain't baked the smart out of you yet. You still school me most days.

/Hoping Mark will get sun-burnt soon and brain cells temporarily falter short enough to let me seem smarter for just one day/

 

[jrosenberger]

Let's see if they ask for cert, I have a feeling they may not wait the entire 90 days. By waiting they end up more than likely having their case heard next term, and if Heller 5 justice decides to suddenly retire then we're in trouble.

Gura mentioned in one of today's reply briefs that a petition in Kwong is forthcoming.

Sent from my SPH-L720 using Tapatalk 4

 

[press1280]

Gura mentioned in one of today's reply briefs that a petition in Kwong is forthcoming.

Sent from my SPH-L720 using Tapatalk 4

Just depends when forthcoming is: 90 days or soon enough to stay in this term.

 

[SilverBulletZ06]

Just depends when forthcoming is: 90 days or soon enough to stay in this term.

Well he just finished cert for Wollard, so I would imagine that this would be pretty open. Between this and Drake that would make 5 cases (IIRC) pending SCOTUS review, 6-7 if the 9th gets in gear.

I'm watching to see how the 9th wiggles out of their previous rulings.

 

[jrosenberger]

Jensen filed for an extension this week in Kwong. Cert petition is now due February 3.

No. 13A567
Title:
Shui W. Kwong, et al., Applicants
v.
Michael Bloomberg, Mayor of the City of New York, et al.
Docketed: December 4, 2013
Lower Ct: United States Court of Appeals for the Second Circuit
Case Nos.: (12-1578)

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Dec 2 2013 Application (13A567) to extend the time to file a petition for a writ of certiorari from December 19, 2013 to February 2, 2014, submitted to Justice Ginsburg.
Dec 4 2013 Application (13A567) granted by Justice Ginsburg extending the time to file until February 3, 2014.

 

[press1280]

Jensen filed for an extension this week in Kwong. Cert petition is now due February 3.

Definitely we'll be into next term for a possible hearing/opinion on this one.

 

[UNcommon Arms]

And of course our buddy Mayor Bloomberg...
http://www.saf.org/viewpr-new.asp?id=351

SAF FILES FEDERAL LAWSUIT AGAINST BLOOMBERG OVER GUN PERMIT FEES
For Immediate Release: 4/5/2011
BELLEVUE, WA – The Second Amendment Foundation today filed a federal civil rights lawsuit against New York Mayor Michael Bloomberg that alleges New York City’s $340 fee for a permit to keep a handgun in the home is “excessive and…impermissibly burdens the Second Amendment right to keep and bear arms.”

SAF is joined in the lawsuit by the New York State Rifle & Pistol Association and five individual New York City residents. Also named as a defendant in the lawsuit is New York Attorney General Eric Schneiderman.

“Under state law,” said SAF Executive Vice President Alan Gottlieb, “the maximum fee for issuing a New York State handgun license is $10, but the law exempts citizens living in New York City. That exemption allows the city to charge an exorbitant fee for the license, which discourages city residents from exercising their civil rights while violating the Equal Protection Clause of the Fourteenth Amendment......

Rest is at: http://www.saf.org/viewpr-new.asp?id=351

These folks never rest....


EDIT: The Complaint is HERE

SCOTUS has ruled you cannot license the 1st Amendment, Voting rights, {no poll tax}, Religion. Why do we acquiesce to licensing the 2nd?

 

[T'Challa]

I have family in upstate with carry permits. They give wide berth not only to NYC, but anything near it.

I hadn't thought about this in particular, but you have a good point. This could damage the whole regime if it can be demonstrated that NYC's laws were enacted specifically to discourage gun ownership/possession. That was legally OK many years ago. Not so much today.

My initial feeling is Bloomberg is going to fight like hell. Then again, if he wants to run for president some day.

President? Bloomberg wants to be President you say? Do you know how much power he'd have to give up to be President? He was King of business then New York City now he wants to build a legacy as a puppet master....power behind the throne so to speak.

 

[yellowfin]

SCOTUS has ruled you cannot license the 1st Amendment, Voting rights, {no poll tax}, Religion. Why do we acquiesce to licensing the 2nd?

Unlike the 1st, the 2nd was effectively out of commission from at least 1879 to 2008, arguably all the way back to 1833. So for most of the country's history, there effectively was no 2A to challenge licensing, exclusions, taxes, etc. And now that Roberts and possibly others on the Court have chickened out over and over again, it may be a long time before we really get a meaningful 2A back. Congress has been utterly worthless for the most part and continues to be.

 

[Al Norris]

I checked and the docket which shows the following entry:

12/09/2013 105 U.S. SUPREME COURT NOTICE, granting Appellant Nunzio Calce, Timothy S. Furey, Daniela Greco, Shui W. Kwong, Nick Lidakis, New York State Rifle & Pistol Association, Incorporated and Second Amendment Foundation, Inc. extension to file Writ of Certiorari, FILED.[1114959] [12-1578]

Document #105 reads, in part:

The application for an extension of time within which to file a petition for a writ of certiorari in the above-entitled case has been presented to Justice Ginsburg, who on December 4, 2013 extended the time to and including February 3, 2014.

 

[yellowfin]

Extensions, extensions.... Stop tweedling around and GRANT THE DAMN CASE (along with all the CCW issuance cases) ALREADY!!!!!!

 

[press1280]

Extensions, extensions.... Stop tweedling around and GRANT THE DAMN CASE (along with all the CCW issuance cases) ALREADY!!!!!!

My guess is we've been burned so many times that Gura wants to extend these cases to allow for more to be decided and increase odds of a cert grant.

 

[krucam]

A thanks to Al Norris (reciprocally) for the reminder on this one. We should be seeing the opening salvo (Petition for Cert) for this case by Tuesday (Monday being a Holiday).

An extension to file was granted by Justice Ginburg on 1/29.

http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13a567.htm

No. 13A567
Title:
Shui W. Kwong, et al., Applicants
v.
Michael Bloomberg, Mayor of the City of New York, et al.
Docketed: December 4, 2013
Lower Ct: United States Court of Appeals for the Second Circuit
Case Nos.: (12-1578)

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Dec 2 2013 Application (13A567) to extend the time to file a petition for a writ of certiorari from December 19, 2013 to February 2, 2014, submitted to Justice Ginsburg.
Dec 4 2013 Application (13A567) granted by Justice Ginsburg extending the time to file until February 3, 2014.
Jan 27 2014 Application (13A567) to further extend the time to file a petition for a writ of certiorari from February 3, 2014 to February 17, 2014, submitted to Justice Ginsburg.
Jan 29 2014 Application (13A567) granted by Justice Ginsburg extending the time to file until February 17, 2014.


~~Name~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~Address~~~~~~~~~~~~~~~~~~ ~~Phone~~~
Attorneys for Petitioners:
David D. Jensen David D. Jensen PLLC (212)-380-6615
Counsel of Record 111 John Street, Suite 420
New York, NY 10038
Party name: Shui W. Kwong, et al.

 

[Kharn]

This spring is shaping up to be interesting for cert petitions.