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

That has the potential to go well beyond the color issue and be useful in license restrictions, the AWB, NYC restrictions...neat

Quoted from emsjeep

That has the potential to go well beyond the color issue and be useful in license restrictions, the AWB, NYC restrictions...neat

Exactly correct!
Gary

It's gonna be a long hard road.

Quoted from Gary_Hungerford

Exactly correct!
Gary

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

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?

Quoted from T.Webb

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.

What is the current status of the ban?

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.

This has great potential for NC.

Try this:

press "ctrl" and the "+" keys to increase text size.

"ctrl" and "-" keys to make text smaller

"ctrl" and "0" to go back to default size

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.

Quoted from emsjeep

What is the current status of the ban?

It's on hold, pending the outcome of the lawsuit.
Gary

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?

Tit for tat now?

Quoted from cas

Tit for tat now?

Im just making a point..

Not tit for tat, but really its a legit question.  2edgesword's comments did make me open my eyes.

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.

Quoted from cycler

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.

Quoted from cycler

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?

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.

Quoted from Phix90

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.

Quoted from Recoil

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.

:yepthat

Quoted from Gary_Hungerford

   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.

Quoted from mikeee

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

Quoted from The Architect

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

Quoted from M14BULLETTS

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.

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:

SCOPE, PO Box 12711, Rochester, NY 14612, http://www.scopeny.org
SAFE, PO Box 343, Commack, NY 11725, http://www.nysafe.org
SASI, 215 Waldo Street, Copiague,  NY  11726, http://www.suffolkalliance.org


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.

So how does this play out from here? Is there a time-line of events going forward that can be shared?

Quoted from iNCNF

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.

Quoted from Recoil

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.

Quoted from The Architect

Exactly what we are doing as well.  Thank you.  Check on the way.

We say THANK YOU for your help and support.

Quoted from iNCNF

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

Quoted from emsjeep

What is the current status of the ban?

The ban IS in effect in NC, as our Restraining Stipulation ran out.

Quoted from The Architect

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.

Quoted from Gary_Hungerford

It's on hold, pending the outcome of the lawsuit.
Gary

Sadly, the Restraining Stipulation ran out...Right now, 'Guns of Color,' in Nassau County, are banned.

Quoted from cycler

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.

Quoted from Steve K

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.

Quoted from Phix90

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.

Quoted from Recoil

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.

:)

Quoted from Recoil

This is helpful.
Thanks

Anytime.

Also, to everyone on LIF, if you have any questions you need answered ASAP, just email me at Editor@iNCNF.org.

Quoted from Gary_Hungerford

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.

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 #: 013564/2008) 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. 2009-1468), 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 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

Folks:
    Here's the latest, the Brief and the Reply Brief. Alan's doing one hell of a job!
Gary

Quoted from Gary_Hungerford

Folks:
    Here's the latest, the Brief and the Reply Brief. Alan's doing one hell of a job!
Gary

Gary,

Thanks for the POST & ATTACHMENTS.

Now is the time that support monies becomes the most important. I have my finger's crossed that NYS licensees will be supportive.

AJC

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.    

Quoted from Doc T

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". :pmsl

Quoted from BLAMMO

But then they wouldn't waste time and money passing laws against things that don't even exist, like "Teflon-coated cop-killer bullets". :pmsl

That fire heat seeking bullets out of the shoulder thing that goes up?

I hope all goes well and soon