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Shooters Committee on Political Education

 

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Shooters Committee on Political Education

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Shooters Committee on Political Education

SCOPE Defense Fund Donated $5000 to SAF

 

The Westchester County NY Case

On July 16, SAF filed a lawsuit in federal district court on behalf of Alan Kachalsky and Christina Nikolov, both Westchester County residents whose permit applications were denied. Kachalsky's denial was because he could not "demonstrate a need for self protection distinguishable from that of the general public." Nikolov's was denied because she could not demonstrate that there was "any type of threat to her own safety anywhere." In addition to Westchester County, Susan Cacace and Jeffrey Cohen, both serving at times as handgun permit licensing officers, are named as defendants. The lawsuit was filed in U.S. District Court for the Southern District of New York, White Plains Division.

UPDATE!

Kachalsky was decided in favor of the County by the District Court, which stated:

 

First, a plaintiff must “demonstrate that he was treated differently than others similarly situated as a result of intentional or purposeful discrimination.” Id. Second, he must show that “the disparity in treatment cannot survive the appropriate level of scrutiny.” Id. The claim fails, as Section 400.00(2)(f) does not treat similarly situated individuals differently, but rather applies uniformly.Further, all full-carry permit applicants are not similarly situated because some can demonstrate “proper cause” for the issuance of a permit, while others cannot.

It is now on Appeal to the 2nd Circuit\

SCOPE's position on both cases

New York State is one of only a handful of states that still require an applicant for a license to carry a pistol to “show cause” why they should be allowed to exercise this basic right.  It is SCOPE position that this is an unconstitutional prior restraint on our civil rights. SCOPE will continue to work to end this practice and restore the right to keep and bear arms in New York State. For too long New York State has treated this right, which is recognized by the Untied States Constitution, as a privilege to be granted or withheld at the whim of a government official.  The Federal court in Maryland got it right. You don’t have to prove that you need to keep and bear arms. It is your right. From the Bill of Rights; A well regulated militia being necessary for the security of a free state, the right to keep and bear arms shall not be infringed. What part of shall not be infringed don’t they understand?

VERY SIMILAR CASE MARCH 2011

Federal judge says gun owners need not provide 'good reason,' rules Maryland law unconstitutional



Read more: http://www.foxnews.com/politics/2012/03/05/federal-judge-rules-maryland-gun-permit-law-unconstitutional/#ixzz1oL9SuU1X

 

 

 

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