SAF sues Westchester County, NY to block "good cause" requirement for CCW

[Patrick]

FYI, Gura filed a notice of supplemental authority re Dearth v Holder on 4/15. I just RECAP'd it.

Thank you.

Here is the entire text of the memo:

TO THE HONORABLE COURT AND ALL PARTIES, please take notice that on April 15, 2011, the Court of Appeals for the District of Columbia Circuit reversed the opinion in Hodgkins v. Holder, 677 F. Supp. 2d 202 (D.D.C. 2010).

Defendants relied heavily on Hodgkins for the proposition that Plaintiffs lack standing. The D.C. Circuit has now rejected Defendants’ standing theories, as embodied in that decision. A copy of the D.C. Circuit’s opinion is attached hereto as Exhibit A.

 

[yellowfin]

It will be really good to get rid of this standing nonsense once and for all. Maybe quash out the "ripeness" garbage too.

 

[krucam]

Gura filed a "notice of new authority" a few weeks back regarding Dearth v Holder which was decided favorably in DC Federal Cout.

On 5/2/2011 NY responded (tit for tat?) with People v Hughes which was held in the NY State Courts. Wow...this is more of the "guns are bad" because "we say they're bad" vein.

More Fail. NY State used the "in the Home" argument in their decision against Hughes. Nice game of catch up on their part.

 

[yellowfin]

I suppose they missed the point of NY state courts being junior to federal courts and the circular reasoning of NY saying NY law is OK based on NY law and NY state courts.

 

[Al Norris]

Since New Jersey did it, New York must think it a good idea!

 

[press1280]

NY submitted a supplemental case: http://www.archive.org/download/gov.uscourts.nysd.365487/gov.uscourts.nysd.365487.76.0.pdf

Unfortunately for them, it looks to be a criminal possession case, having nothing to do with carrying/licensing in this case. Not sure what "evidence" they think helps them since these criminal 2A defenses are a dime a dozen.

 

[yellowfin]

More "we're right because we already said so!" stupidity. It's really amazing that these idiots keep their jobs, but I guess that's New York for ya.

 

[Seajay17]

Any new news?

Has anyone heard where this lawsuit is at? Is it still in arbitration or has it ended? Any new info would be appreciated.Thanks.
Craig

 

[press1280]

Has anyone heard where this lawsuit is at? Is it still in arbitration or has it ended? Any new info would be appreciated.Thanks.
Craig

This is another case that seemingly should have been decided long ago......

 

[yellowfin]

Two months isn't all that uncommon of a wait for an opinion, particularly in light of seeing the change of the landscape w/ Ezell. The judge is/was waiting to see what happens/happened with other cases and balancing the interest of conforming to the established status quo vs. trying to not be too terribly vulnerable to being overturned in such a way that it's pointless to have written the opinion at all in the first place. Of course that doesn't make it not irritating as hell to have to wait with no clue of what's going to happen when.

 

[Seajay17]

Pistol permit Genesee county NY

Yesterday I went to the county clerk to try to amend my permit carry restrictions(sport/competition) to something more defined or to clarify what this meant. I was told to fill out a form which listed restrictions and low and behold my restriction (sport) wasn't even on the list. So after some semi-heated q&a to no avail I was sent to talk to the Sheriff's office where I was told that sport pretty much covered everything that I wanted to do(WITHIN COMMON SENSE). I was also told that it really didn't matter because in 3-4 months all GC permits over 5 years old were going to turn into unrestricted. I have had my permit since 1971 and have waited for this great news for a long time. I believe it was from pressure from SCOPE that made the difference. Thanks to SCOPE.

 

[Abacab]

What is SCOPE?

 

[Seajay17]

Shooters commitee on political education

http://www.scopeny.org/index.html

 

[Seajay17]

I May have posted this in the wrong place.If so I apologize.

 

[Abacab]

Yeah a quick google search occurred to me after I posted that. Glad to see some progress was made up there.

 

[jrosenberger]

Gura noticed Ezell in this case today. I just recapped it, not sure if it's showing up yet. As I summarized elsewhere: Nothing in it is really a surprise, it basically hits the high points of: no presumption of constitutionality in 2a cases, 2a applies outside the home, individuals whose rights are harmed have standing, associational standing doesn't matter if the individual plaintiffs have standing and they'd have standing anyway because their individual members do, extension of 1a standards to 2a, and heightened scrutiny based on nature of the claimants and the degree to which the challenged law implicates core 2a rights.

 

[krucam]

Gura noticed Ezell in this case today. I just recapped it, not sure if it's showing up yet. As I summarized elsewhere: Nothing in it is really a surprise, it basically hits the high points of: no presumption of constitutionality in 2a cases, 2a applies outside the home, individuals whose rights are harmed have standing, associational standing doesn't matter if the individual plaintiffs have standing and they'd have standing anyway because their individual members do, extension of 1a standards to 2a, and heightened scrutiny based on nature of the claimants and the degree to which the challenged law implicates core 2a rights.

Thanks for the RECAP! It IS showing up on the Kachalsky Docket.

Gura and most other Atty's are filing this which is not to be unexpected. Hopefully this (Ezell) and movement in the DC District will start shaking some fruit from the trees soon.

 

[Southwest Chuck]

Direct Link is HERE

 

[Recoil45]

We lost. The case was dismissed.

 

[Patrick]

Checking PACER...

Now we more to appeal. Remember the SAF motto: lose fast.