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.
This is how I understand it , if the preemtion issue is won i think there is reason to believe a lawsuit will arise to remove county restictions on a state license. very important to win this one. if you have expendable cash prease consider donating
GENE
NOW AKA "MACHINE GUN GENE"
NRA certified instructor NRA certified range officer
proud member of the BOB TORRE fan club,
YOU GO TO THE ZOO TO SEE AFRICAN LIONS YOU GO TO THE WHITE HOUSE TO SEE A LYIN AFRICAN
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?
To answer this question, best to call me at 516-903-1959. I keep extensive records as to where the monies are going, as I do not want to funds to be considered income. Additionally, I have stated, over-&-over, that any funds left over will be returned to those who donate.
The monies have only been used for printing fees, filing fees, attorney fees, etc.
Alan
Take your kids to the range...Shoot, have fun and teach responsibility! But most of all, teach them to be safe.
This is how I understand it , if the preemtion issue is won i think there is reason to believe a lawsuit will arise to remove county restictions on a state license. very important to win this one. if you have expendable cash prease consider donating
This is 100% correct. And, if this case is lost, you will see a patchwork of crazy laws established in the anti-counties, and, you will then not be able to move about the state freely.
Take your kids to the range...Shoot, have fun and teach responsibility! But most of all, teach them to be safe.
Check out www.FreeportJuniorClub.org Donated Member
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UPDATE: Lawsuit Continues to Derail Nassau County's Handgun Ban by Alan Chwick February 08, 2010
Mineola, NY – February 8, 2010 – The Nassau County local law banning the possession of handguns mislabeled “deceptively colored” has reached the New York State Supreme Court, Appellate Division, Second Department. The Respondents have responded to the Appellate Brief, and a Reply Brief is now in the process of being prepared.
For those that do not know, in June 2008, Nassau passed Local Law #5, criminalizing the possession and sale of "deceptively colored handguns” as a supposed danger to law enforcement. The law originally banned all handguns except for those that 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.
Three New York State pistol licensees filed an action on July 23rd in Nassau Supreme Court (Index #: 013564/2008) to challenge the laws. The proceeding was originally filed pro se, with the assistance of a New York gun-rights activist and attorney.
The action, brought on the day the law was to go into effect, sought a ruling that Nassau’s local law is invalid because it is “preempted” by New York State’s extensive gun control laws, which already ban “disguised guns.” Under the doctrine of preemption, localities may not pass laws in areas already regulated by state law, unless state law permits such local laws. The suit also sought to overturn the law because it violates the right to keep and bear arms under both the Second Amendment to the United States Constitution and a similar provision of New York State Civil Rights Laws.
The filed proceeding led Nassau to enter into a binding stipulation not to enforce the law unless the court rules against the petitioners. Further, filing of the action alone resulted in the Nassau County legislature amending the law to remove the prohibitions against gold plated, blued, and brown handguns.
As stated, the action is currently on appeal to the NYS Appellate Division, Second Department (Docket No. 2009-1468), and the petitioners have retained attorney Robert Firriolo, a litigation partner in the New York office of Duane Morris LLP.
The petitioners continue to express their gratitude to SCOPE, the Freeport R&R Association Junior Club, SAFE, SASI, NCF&G, and to all those individuals who have donated to help us succeed in this important appeal. The petitioners, though, are seeking donations to help with the appeal of Chwick v. Mulvey, as they have requested 15minutes of Oral Argument time.
Please remember that a victory in this appeal may well be the springboard for challenging other burdensome and senseless New York gun control laws. In fact, Chwick v. Mulvey has already been cited in Albany County Appellate Division, Second Department, and the cite was positive on our points 3 & 4 (Cites to Heller and NYS Civil Liberties, Second Amendment). Additionally, Chwick v. Mulvey, may be another doorway for incorporation of the Second Amendment by NYS.
For additional information, please contact one of the following groups:
Please remember that the Nassau County Law not only affects Nassau Licensees, but all NYS Licensees. Anyone passing through Nassau with a BANNED item, is subject to the law. Plus, if the law is left to stand, other counties will create their own laws, causing a patchwork of laws which will end the shooting sports in NYS.
The litigants ARE looking forward to a successful appeal.
Take your kids to the range...Shoot, have fun and teach responsibility! But most of all, teach them to be safe.
To answer this question, best to call me at 516-903-1959. I keep extensive records as to where the monies are going, as I do not want to funds to be considered income. Additionally, I have stated, over-&-over, that any funds left over will be returned to those who donate.
The monies have only been used for printing fees, filing fees, attorney fees, etc.
Alan
Exactly what we are doing as well. Thank you. Check on the way.
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So how does this play out from here? Is there a time-line of events going forward that can be shared?
The NYS Second Dept moves very slow. Once our Reply is accepted, according to the stats, in about 2-3 months we will get a court notice of a court date. The court date can be anything, but it should reside within the 2010 year. Then the fun begins, as both sides have requested Oral Arguments.
I wish I had a better time line for you. But, again, as Gary said, patience is a key virtue when dealing with NYS courts.
Take your kids to the range...Shoot, have fun and teach responsibility! But most of all, teach them to be safe.
The NYS Second Dept moves very slow. Once our Reply is accepted, according to the stats, in about 2-3 months we will get a court notice of a court date. The court date can be anything, but it should reside within the 2010 year.
I wish I had a better time line for you. But, again, as Gary said, patience is a key virtue when dealing with NYS courts.
This is helpful. Thanks
Gun Free Zones: Protecting criminals all across America
I do hope all but positive comes of it. Alan is a member of LIF. I haven't seen him around...........
Do tell him to stop by.
I've been a little busy with this suit (writing, fund raising, etc) + life's little pleasures (work, etc). Plus my son graduated as a Commercial Diver, and is looking for a job.
Take your kids to the range...Shoot, have fun and teach responsibility! But most of all, teach them to be safe.
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
1. If won, it will stop any other county from creating similar, but different rules on this matter. 2. If won, it will protect the preemption doctrine. 3. If won, it will leave a 'back door' open for Incorporation of the 2A, should Chicago case go south @ SCOTUS. 4. If won, it will, or can, be a stepping stone for further suits. And yes, a challenge to our licensing laws.
Take your kids to the range...Shoot, have fun and teach responsibility! But most of all, teach them to be safe.
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.
Amen
And that is why it is important to help and support this case.
Take your kids to the range...Shoot, have fun and teach responsibility! But most of all, teach them to be safe.
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.
I'd like to see the final outcome.
Sad statement. Ask any officer...If you point even your finger at them, expect a very strong response, including a gun pointed at your face.
There are already laws that protect the officers in this matter, and they are the toy gun laws with the Blaze Orange barrel. So, simply put, No Blaze Orange Tip, the office can draw and fire, if need be.
Take your kids to the range...Shoot, have fun and teach responsibility! But most of all, teach them to be safe.
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.
Take your kids to the range...Shoot, have fun and teach responsibility! But most of all, teach them to be safe.
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
Attached is a copy of Respondent's Response to the submitted Appellate Brief. Don't get bent about their counter response, as we still have to reply to this Respondent's Response. And then there are Oral Arguments.
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Take your kids to the range...Shoot, have fun and teach responsibility! But most of all, teach them to be safe.
Check out www.FreeportJuniorClub.org Donated Member
Posts: 241
Time Online: 2 days 17 hours 22 minutes
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PRESS RELEASE - FOR IMMEDIATE RELEASE CORRECTION::Lawsuit Derails Nassau Handgun Ban
Mineola, NY - February 10, 2010 - The Nassau County local law banning the possession of handguns mislabeled “deceptively colored” has reached the New York State Supreme Court, Appellate Division, Second Department. The Respondents have responded to our Appellate Brief, and we have submitted our Reply Brief. At this time the case is fully briefed.
As you may remember, in June 2008, Nassau passed Local Law #5, criminalizing the possession and sale of "deceptively colored handguns” as a supposed danger to law enforcement. The law originally banned all handguns except for those that 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.
Three New York State pistol licensees filed an action on July 23rd in Nassau Supreme Court (Index #: 013564/200 to challenge the laws. The proceeding was filed pro se, with the assistance of a New York gun-rights activist and attorney.
The action, brought on the day the law was to go into effect, sought a ruling that Nassau’s local law is invalid because it is “preempted” by New York State’s extensive gun control laws, which already ban “disguised guns.” Under the doctrine of preemption, localities may not pass laws in areas already regulated by state law, unless state law permits such local laws. The suit also sought to overturn the law because it violates the right to keep and bear arms under both the Second Amendment to the United States Constitution and a similar provision of New York State Civil Rights Laws.
The filed proceeding led Nassau to enter into a binding stipulation not to enforce the law unless the court rules against the petitioners. Further, filing of the action alone resulted in the Nassau County legislature amending the law to remove the prohibitions against gold plated, blued, and brown handguns.
As stated, the action is currently on appeal to the NYS Appellate Division, Second Department (Docket No. 2009-146, and the petitioners have retained attorney Robert Firriolo, a litigation partner in the New York office of Duane Morris LLP.
The petitioners continue to express their gratitude to SCOPE, the Freeport R&R Association Junior Club, SAFE, SASI, NCF&G, and to all those individuals who have donated to help us succeed in this important appeal. The petitioners, though, are still seeking donations to help with the appeal of Chwick v. Mulvey, as we have requested 15minutes of Oral Argument time.
Please remember that a victory in this appeal may well be the springboard for challenging other burdensome and senseless New York gun control laws. In fact, Chwick v. Mulvey has already been cited in Albany County Appellate Division, Second Department, and the cite was positive on our points 3 & 4 (Cites to Heller and NYS Civil Liberties, Second Amendment). Additionally, Chwick v. Mulvey, may be another doorway for incorporation of the Second Amendment by NYS. But appeals are not inexpensive, so please donate whatever you can to SCOPE, SAFE, SASI, or directly to Petitioner Chwick. Every dollar helps, and any funds leftover, will be returned. We are on the threshold of the possible rewrite of NYS PL 265 & 400. Donations are needed to see this action through. So, please send donations to:
SCOPE, PO Box 12711, Rochester, NY 14612 http://www.scopeny.org Please make checks payable to SCOPE, Inc. SAFE, PO Box 343, Commack, NY 11725 http://www.nysafe.org Please make checks payable to SAFE, Inc. SASI, 215 Waldo Street, Copiague, NY 11726 http://www.suffolkalliance.org Please make check payable to: SASI Alan Chwick, 5 Brunella Street, Freeport, NY 11520 http://www.iNCNF.org - PayPal available in website Please make check payable to: Alan Chwick Please, note in the memo area of your check: "Legal Defense Fund-Chwick v. Mulvey.".
Please remember that the Nassau County Law not only affects Nassau Licensees, but all NYS Licensees. Anyone passing through Nassau with a BANNED item, is subject to the law. Plus, if the law is left to stand, other counties will create their own laws, causing a patchwork of laws which will end the shooting sports in NYS.
We ARE looking forward to a successful appeal, but we can only do it with your help. Thanks.
For more information, contact: Nassau County News Flash Alan Chwick, Editor 516-903-1959 Editor@iNCNF.org
Take your kids to the range...Shoot, have fun and teach responsibility! But most of all, teach them to be safe.
I was recently in a shop in Suffolk when a guy came in with a handgun in snow camouflage, saying Nassau refused to register it for him due to the color pattern. Seems like a very poorly designed law.
Perhaps our legislators would do well if we gently explained to them that the guns laws would more likely be effective if the person making the law knew something about guns. I find it simply amazing that the government will hire traffic experts, safety experts, health experts, and a slew of other experts to make laws, but when it comes to guns, the laws are made in back offices by people who's exposure to guns is seeing them on their security detail.
~Christopher
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I was recently in a shop in Suffolk when a guy came in with a handgun in snow camouflage, saying Nassau refused to register it for him due to the color pattern. Seems like a very poorly designed law.
Perhaps our legislators would do well if we gently explained to them that the guns laws would more likely be effective if the person making the law knew something about guns. I find it simply amazing that the government will hire traffic experts, safety experts, health experts, and a slew of other experts to make laws, but when it comes to guns, the laws are made in back offices by people who's exposure to guns is seeing them on their security detail.
But then they wouldn't waste time and money passing laws against things that don't even exist, like "Teflon-coated cop-killer bullets".
- Chris
"Laws that forbid the carrying of arms ... disarm only those who are neither inclined nor determined to commit crimes ... " "The beauty of the Second Amendment is that it will not be needed until they try to take it." "The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government. " - Thomas Jefferson
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to challenge the laws. The proceeding was filed pro se, with the assistance of a New York gun-rights activist and attorney.
