Folks: For those of you who have not had the chance to read it, here is a copy of Alan's appeal, which has been filed. Great job, Alan! Congratulations. Remember, he's fronting this fight, for all of us. He needs additional funding, to help carry on the battle. Any and all donations are greatly appreciated and, in the long run, will benefit each of us. SASI and NCFGA fully support this action and have contributed to it, as well as continue to collect funds, for it.
If you prefer, you may send those donations through SASI, as follows: Suffolk Alliance of Sportsmen Inc. 215 Waldo Street Copiague, NY 11726 (631) 789-2480 http://www.suffolkalliance.org Please make those checks payable to: SASI but, in the memo section, indicate "Chwick v Mulvey suit." Thanks and please contribute, for your future. Gary
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That has the potential to go well beyond the color issue and be useful in license restrictions, the AWB, NYC restrictions...neat
3% “It takes more courage to reveal insecurities than to hide them, more strength to relate to people than to dominate them, more 'manhood' to abide by thought-out principles rather than blind reflex. Toughness is in the soul and spirit, not in muscles and an immature mind.” Alex Karras
also a mouthful to read....but appropriately comprehensive...politically this will be rough, supporting the constitution and state penal law cannot be viewed as a political liability, the courts need to know our votes are behind them
3% “It takes more courage to reveal insecurities than to hide them, more strength to relate to people than to dominate them, more 'manhood' to abide by thought-out principles rather than blind reflex. Toughness is in the soul and spirit, not in muscles and an immature mind.” Alex Karras
Gary, even with my strongest glasses, I wouldn't be able to read such small print. Could you please provide a brief synopsis of the case?
Peter: Sure. I don't know why the PDF is producing small type, on your monitor but here's a very brief summary of what's happened, prior to the appeal being filed. Gary
The NYS Penal Code is preemptive, on this subject, meaning that no governmental entity, below the state level, may legally enact such legislation. Enforcement, of the Nassau County ordinance, was suspended, on the day it was due to go into effect, thanks to efforts, by three concerned citizens, lead by Alan Chwick, who brought a legal proceeding, to set aside the law, only two days earlier. Nassau’s ban, based on their appearance, is now on hold, until the litigation is resolved. The Nassau County local law, banning the possession of handguns, mislabeled “deceptively colored,” has won round two, with a ruling against the petitioners, on 12/18/2008, by Judge Davis. Needless to say, Judge Davis lost his bid for the position and has left the bench. Nassau’s Local Law #5 criminalizes the possession and sale of “deceptively colored handguns,” as a supposed danger to law enforcement. The law bans all handguns, except for those which are “black, grey, silver, steel, nickel or army green.” It does not grandfather currently owned guns and mandates that gun owners surrender all banned guns, for destruction, without any compensation and with no opportunity to sell them outside the county. Because of the petitioner’s Article 78, Nassau County passed Local Law #9, which modified Local Law #5, by adding the provisions for gold, brown and ‘blued’ guns, eliminating one petitioner and one of a petitioner’s handgun from the suit. The ruling, in December ’08, further but vaguely, protected camo colored guns, by arguing, with very circular logic, that the law did not fully apply to them. The petitioners filed a Notice of Appeal, on February 10th, 2009, with the intent and hope of overturning this wrongful ruling. The appeal seeks to reverse the ruling, because Nassau’s Local Law #5 is preempted, by New York State’s extensive gun control laws and that the ruling improperly supported the respondent’s case, with non-preemptive cites. The local law affects not only Nassau County pistol licensees but all New York gun owners, who either pass through or visit Nassau County. Anybody found, with a banned handgun, is subject to arrest and prosecution. The law is particularly hazardous, to the many shooters, who come into or pass through Nassau, to participate in shooting events and have no way of knowing about this law. The law imposes a penalty of one year in jail and a $1000 fine.
3% “It takes more courage to reveal insecurities than to hide them, more strength to relate to people than to dominate them, more 'manhood' to abide by thought-out principles rather than blind reflex. Toughness is in the soul and spirit, not in muscles and an immature mind.” Alex Karras
I comes out fine on my computer. I've read through a bit of it and it's really interesting. I have several questions but I don't have the time to type.
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Im just throwing this out there since we ourselves got questioned about our fund. I'm spending funds to hire attorneys and accountants to make the Freedom Fund 100% legit.
Is there any statements on where the funds are going for this case?
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Ok here is a question that might seem dumb but what is this lawsuit really about. I dont want to interpret it the wrong way. Will this help with our carry issues or just help with pink or baby blue colored guns which i dont know why anyone would want one lol
What a silly thing to impose a ban on. Seriously? The color? But what really gets my attention is the "gun owners surrender all banned guns for destruction" part. God forbid they push that concept further to include stuff like what's in the AWB, or hell, anything that even "looks" remotely scary, or shoots real bullets for that matter.
As for what this does for the rest of NYs firearms restrictions... I think a win, any win, anywhere, brings us a bit closer to relaxing the laws a bit.
The basics of purchasing a firearm: "Heavy is Good, Heavy is Reliable. Plus, If it Doesn't Work You Can Always Hit Them with It."
Ok here is a question that might seem dumb but what is this lawsuit really about. I dont want to interpret it the wrong way. Will this help with our carry issues or just help with pink or baby blue colored guns which i dont know why anyone would want one lol
The issue, at hand, is the preemptive aspect of the NYS Penal Code. It states that no jurisdiction, below the state level, may make any law, as respects handguns. Nassau County's proposed ban violates the state Penal Code and Nassau County is saying, essentially, "sue us, if you don't like it." If Nassau gets away with this, then each county, city, village, etc., will try to pass it's own gun laws, making the current problems an absolute nightmare. Gary
I asked about the status because a while ago, when I went in with a G27 with a little urban digi-cam on it they went through a whole "is this legal, can we register it?" process that was resolved when my investigator showed up and said, "yeah sure its fine, its mostly black" the other colors on it were battleship grey and snow grey or something dumb. Since I have repainted the slide all black and left just a little color on the receiver. As a side note, Duracoat sucks.
3% “It takes more courage to reveal insecurities than to hide them, more strength to relate to people than to dominate them, more 'manhood' to abide by thought-out principles rather than blind reflex. Toughness is in the soul and spirit, not in muscles and an immature mind.” Alex Karras
Ok here is a question that might seem dumb but what is this lawsuit really about. I dont want to interpret it the wrong way. Will this help with our carry issues or just help with pink or baby blue colored guns which i dont know why anyone would want one lol
Uh... Individuality? a Favorite color?.... Personal expression?
think about it, why do we NEED different color CARS (henry ford said 'they can have any color they want, as long as it's black"...How long do you think it was before someone took out the paint can?) different color CLOTHING? (we could all wear uniforms like catholic school, amish) HOUSES? (I know people who get nuts tring to paint their townhouses and can't choose a color...)
To me the simple answer is "Because I WANT to, and know what? it's NONE of your business"
It's just another nibble at our rights... if it were to go into effect, what's next? SHADES of blue/brown?
Pete
"It ain't the guns stupid - It's the CRIMINALS!"
"Never try to teach a pig how to sing...it just wastes your time a - nd annoys the pig." - Robert Anson Heinlein
I can understand the right to expression as well as the right to individuality. But I can also understand the concern from law enforcement. A pink gun could be misinterpreted as a toy and in turn put the officer in harms way.
A pink gun could be misinterpreted as a toy and in turn put the officer in harms way.
This is not an attack on you, but lets say this law is passed. One day a cop responds to a call, someone points a pink pistol at him, how does this law and removal of all pink pistols from license holders change anything? The cop could/would/should still need to assume his life is at risk. He cannot assume, because pink guns are now illegal, that the pink looking pistol is just a toy.
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This is not an attack on you, but lets say this law is passed. One day a cop responds to a call, someone points a pink pistol at him, how does this law and removal of all pink pistols from license holders change anything? The cop could/would/should still need to assume his life is at risk. He cannot assume, because pink guns are now illegal, that the pink looking pistol is just a toy.
You are quite correct. Because in medicine, we are not allowed to ask a person if they have aids, we have had to institute a protocol called "Universal Precautions" where every patient is treated like they have aids. Same situation should hold true for LEO's. All guns should be considered as real and loaded.
Jonny
Those who hammer their guns into plows will plow for those who do not." Thomas Jefferson
"Freedom is a fragile thing and is never more than one generation away from extinction. It is not ours by inheritance; it must be fought for and defended constantly by each generation, for it comes only once to a people." Ronald Reagan
The issue, at hand, is the preemptive aspect of the NYS Penal Code. It states that no jurisdiction, below the state level, may make any law, as respects handguns. Nassau County's proposed ban violates the state Penal Code and Nassau County is saying, essentially, "sue us, if you don't like it." If Nassau gets away with this, then each county, city, village, etc., will try to pass it's own gun laws, making the current problems an absolute nightmare. Gary
I was once told by a lawyer a long time ago that this also applys to the restriction placed on our license. I was told that the license is issued as full carry from NYS and that nassau cannot make a license that states restricted carry. This is the reason nassau uses the rubber stamp. True or not I dont know.
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