SAF sues in New York over ‘good cause’ requirement

[oneshooter]

The lawsuit involves two New York residents, Alan Kachalsky and Christina Nikolov, both of whom have had their handgun permit applications denied by handgun permit licensing officers in Westchester County. According to court documents, both plaintiffs were turned down because they could not “demonstrate a need” for self-protection. This pattern suggests that in the Empire State, proactive personal protection is not recognized as being sufficient to justify the carrying of a handgun.
The concept of proving “good cause” to obtain a handgun carry permit is unthinkable anywhere west of the Mississippi River, and certainly here in Washington State, where we have one of the earliest “shall issue” statutes in the nation. The right to carry has been part of the Evergreen State fabric since Washington was a territory, and the right of individual citizens to bear arms is specified in the state constitution.

http://www.examiner.com/x-4525-Seattle-Gun-Rights-Examiner~y2010m7d16-Bellevues-SAF-sues-in-New-York-over-good-cause-requirement


And the avalanche just keeps on going.

Oneshooter
Armed and Livin in Texas

[X_Digger]

1. Sounds like a good analogue to first amendment cases-

Cantwell v Connecticut being the one that springs to mind.

When the government gets in the business of determining which fundamental rights a person 'needs' to exercise, it falls afoul of the constitution.

[Euromutt]

2. "Anywhere west of the Mississippi River" with the exception of California...

The most populous state not only west of the Mississippi but indeed in the Union, which would have the fifth-largest economy in the world if were an independent country. But it still grants its executive branch of government the power to decide whether a citizen can "demonstrate a need" to carry a firearm, and in the more populous areas, unless you're a celebrity or a major contributor to the sheriff's campaign fund, no amount of evidence will prove sufficient. The most reliably Democrat areas prove to be disgustingly classist nevertheless.

[Remmah2]

3. NY vs counties

NY state gun laws have provisions which allow the counties to add to but not detract from NY law. The local county pistol permit judge can also allow/deny a permit on a wim. Local counties can also impose restrictions on permits. It's like NY was comprised of feudal estates.