SAF and FPC Sue New York City Over ‘Proper Cause’ Requirement for Carry Permits

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From the Second Amendment Foundation:

The Second Amendment Foundation and Firearms Policy Coalition today filed a federal lawsuit against New York City regulations that essentially combine to ban average law-abiding citizens from carrying loaded handguns outside the home for personal protection. The case is known as Greco v. City of New York.

SAF and FPC are joined by George Greco, a private citizen in New York. Named as defendants are the City of New York and Police Commissioner Dermot Shea, in his official capacity. The complaint was filed in U.S. District Court for the Southern District of New York. Plaintiffs are represented by attorney David Jensen.

The lawsuit challenges the inability of ordinary law-abiding citizens to obtain licenses to carry handguns in New York City. While honest citizens have a fundamental right to bear arms for self-protection, the complaint explains, the New York Police Department requires applicants to provide a “proper cause,” which amounts to demonstrating a special or heightened need. As arbitrarily enforced, this requirement prevents average citizens from obtaining a carry permit, which violates their fundamental right to bear arms outside the home.

“The right to bear arms must be available to all citizens in New York, not just wealthy people and celebrities,” said SAF Founder and Executive Vice President Alan Gottlieb. “Like other rights protected by the Constitution, that right is not limited to the confines of one’s home. Ever since the SAF Supreme Court victory in McDonald v. City of Chicago ten years ago, the Second Amendment absolutely applies in New York.”

“People in New York have a right to carry a loaded handgun in public for self-defense, and contrary to what Governor Cuomo and Mayor de Blasio think, the Constitution fully applies in the City and State of New York,” said FPC President Brandon Combs. “The Supreme Court in Heller was clear that to ‘bear’ arms means to ‘carry’ them on the person in case of confrontation.’ Anything that denies a law-abiding citizen the ability to exercise that right is unconstitutional, period.”

“Like the lawsuit against New Jersey’s carry ban we filed earlier this week, we are suing New York City over their unconstitutional ban that prevents typical, law-abiding people from carry loaded, operable handguns on their person in public places,” explained attorney Adam Kraut, FPC’s Director of Legal Strategy. “The State of New York and New York City have enacted broad criminal laws to prohibit the carry of handguns, and then set up an unconstitutional requirement for the issuance of a license to carry, thus completely foreclosing the right. This case seeks to strike down these laws and allow New Yorkers and visitors to exercise the right to bear arms as they are entitled to.”

 

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

comments

  1. avatar Sam I Am says:

    NRA has the “power” (name recognition), and does nothing.
    SAF and FPC and GOA and others have no “power”, yet they are fighting the war.

    1. avatar Mark N. says:

      GOA? I didn’t see them mentioned. In fact, about the only time I hear them mentioned is when they are asking for money. SAF on the other hand are doing plenty, and out here in California, the NRA legal branch and its state affiliate CRPA are quite active in filing lawsuits, several of which are awaiting decision in the 9th Circuit or are on calendar for oral argument.

      1. avatar I Haz A Question says:

        I dumped the NRA itself a couple of years ago and joined CRPA, precisely because the organization is active, as you say, and provides its members with updates on all court actions it pursues. I know they’re affiliated, but clearly run by different people with different sets of priorities.

        All I got from NRA over the years were fundraising mailers.

        1. avatar Ing says:

          They do put out a very nice magazine and talk a good game.

    2. avatar busybeef says:

      GOA are kind of off the rails.

      FPC and 2AF get my money.

  2. avatar Debbie W. says:

    Any major city or state that went all out for biden determines if I go there or conduct business there. I. E. NY City is on the list of cities that do not deserve a dime of my money.

    1. avatar Tired of the bs says:

      Same here. Even for one tank trips or a day cruise we avoid lefty cities. I’ll spend my $$$ where my values are accepted not stomped on.

  3. avatar Ed Schrade says:

    ” Proper cause”, ” the right to bear arms shall not be infringed “.

  4. avatar Southern Cross says:

    But the “Five Families” will vehemently object.

  5. avatar Ralph says:

    Good luck. The Southern District will uphold the regulations, the Second Circuit will rubber stamp it, and SCOTUS will deny cert.

    The courts are part and parcel of the hypocrisy we are fighting. If it wasn’t for the courts being the enemy, we wouldn’t need 2A.

    1. avatar Geoff "I'm getting too old for this shit" PR says:

      “The Southern District will uphold the regulations, the Second Circuit will rubber stamp it, and SCOTUS will deny cert.”

      We have a brand-spanking new SCOTUS.

      How about waiting until they deny cert. on a few before condemning them?

      1. avatar DDay says:

        The 2nd circuit court of appeals is a 7-6 R nominee majority. Get a draw of 2 or more constitutional judges in the appeal and it never goes to SCOTUS. Or it could win in en banc 7-6

        Trump and MCConnell have done an incredible judge rebuilding the federal courts with constitutional judges.

        1. avatar Geoff "I'm getting too old for this shit" PR says:

          And if we hold the senate after the two January Georgia run-off elections, we can stop them cold from appointing any Leftist judges to the circuit courts…

      2. avatar Ralph says:

        I’m a lawyer. I know courts well enough to expect the worst from them, and I have never been disappointed by their malfeasance.

        1. avatar Sam I Am says:

          I’ve seen “malfeasance” and “misfeasance” thrown around. What is the actual difference?

    2. avatar I Haz A Question says:

      What Geoff said. ^^

      Let’s first see how “.50-cal Barrett” conducts herself before casting judgement. As I’ve opined before, her very presence on the Court as an allegedly true originalist takes the scepter of political power from Roberts as the squishy swing vote he’s proven to be.

      Even if he always sides with the liberal Justices from here on out, Barrett makes for a more solidly predictable 5-4 balance.

      Plus, she can carry a conversation with a blank notepad.

      1. avatar Geoff "I'm getting too old for this shit" PR says:

        “Let’s first see how “.50-cal Barrett” conducts herself before casting judgement.”

        That may come sooner rather than than later, thanks to the election lawsuits being filed…

        1. avatar Hannibal says:

          Yes it should be interesting to see if she’s the toady that the Trump campaign claims she is or if she’ll stand on her own and the Constitution (i.e. states’ rights)

    3. avatar tdiinva says:

      The Court has been denying cert because neither side was certain which side Roberts would come down on. He is now irrelevant. The cases will move forward.

  6. avatar Joe Dementia says:

    Don’t worry about carry permits, the upcoming gun czar and his heavily armed crew will be paying you all a visit soon.

    Remember when your biggest concern was “muh bump stocks!”. Well you taught orange man bad a lesson.

    Thanks!

    1. avatar Hannibal says:

      Weren’t you guys all around when Obama was elected twice? And we had less gun control than under Trump’s first two years?

      Divided government is the best thing we can hope for right now. A GOP led senate will actually push back against the president if he puts a “D” next to his name instead of an “R”

  7. avatar Robert Joseph LoRusso says:

    I couldn’t give a crap personally about bump stocks.. I think are stupid but they are a right. Now these law suits were in the wings waiting for Supreams who will look at what the people who wrote the constitution meant when they wrote it.. Not what others think they should have meant.

  8. avatar Jag says:

    I wish they would do something about all the fees and fingerprinting. Just to keep a gun in your house costs 300+ bucks a year.

    1. avatar Geoff "I'm getting too old for this shit" PR says:

      “Just to keep a gun in your house costs 300+ bucks a year.”

      Where is that at?

      That sounds like a good case to sue them on, that’s a bald-faced poll tax…

  9. avatar GS650G says:

    Wouldn’t it be great if the SCOTUS issued a ruling that cities couldn’t limit 2A rights?
    How about if they find a way to actually enforce a ruling like that?

  10. avatar FormerParatrooper says:

    Proper cause is already covered. The BoR states it. However, most politicians are illiterate and can’t understand the “nuances” of the BoR or the Constitution. Plain text is difficult for people who write legalese.

    We must keep up the legal attacks of these laws. We have been on defense far too long. The left has shown us how to do it, time to show them we can do it better. We must strike a death blow.

    Fortunately we have kept the Senate, so far, and made a dent in the House. Votes have been found that suddenly gives the Socialists a lead in the battle ground States. They targeted the Presidency and didn’t do enough down ticket and that will work to our advantage.

    1. avatar Tired of the bs says:

      Right ! I’ve been saying that for years we need to be on offense all this defense bs isn’t getting us anywhere. We must fight to strengthen our rights even if only to regain a chip at a time because that’s how we have been loosing them.

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  12. avatar Canon says:

    My question is for any lawyers out there; the suit is against NYC but the law is a state law, I believe Penal Law 400, which provides the framework for each of the upstate counties plus NYC and LI. If the case against NYC is found unconstitutional, is the full licensing law affected or merely portions relevant to NYC?

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