Atty running for NRA board files lawsuit in NY re: tasers.

[FCG LLC]

Stamboulieh Law, PLLC


Complaint is here : http://media.wix.com/ugd/c601ae_2fdbaacef3d540a788118c482fcd32e9.pdf

Overview -
Today we filed a Complaint against New York over its Taser ban
December 6, 2016

On behalf of Matthew Avitabile, Firearms Policy Coalition and Firearms Policy Foundation, we sued New York Governor Cuomo, the attorney general of New York, and the Superintendent of States Police, Lt. Col. Beach. We allege as follows:



COUNT I
U.S. CONST., AMEND. II, 42 U.S.C. § 1983 AGAINST ALL DEFENDANTS


The Defendants prohibit Plaintiffs from acquiring, possessing and using a defensive arm in common use, i.e., a Taser. As such it violates Plaintiffs’ Second Amendment rights.



Defendants’ laws, customs, practices and policies generally banning the acquisition, possession, carrying and use of Tasers and other electronic arms violates the Second Amendment to the United States Constitution, facially and as applied against the Plaintiffs in this action, damaging Plaintiffs in violation of 42 U.S.C. § 1983. Plaintiffs are therefore entitled to preliminary and permanent injunctive relief against such laws, customs, policies, and practices.

 

[hoodfu]

I'm betting they force people to have a pistol permit to get one under the guide of "reasonable restrictions".

 

[MilesTeg]

Yawn. There's so much screwed up with this state tasers are low on the list. I now this is good thing I just hoped for more meaningful lawsuits by now.

 

[hoodfu]

Yawn. There's so much screwed up with this state tasers are low on the list. I now this is good thing I just hoped for more meaningful lawsuits by now.

Well, we had them and we lost. We may win eventually, but another state will be carrying the torch.

 

[Blimey]

NICE! For two reasons:

1) I think this has a very good chance of getting a positive result, based not only on Trump winning but also the ruling last year (?) from scotus on tasers
2) I might actually get one
3) By might I mean absolutely will

 

[MilesTeg]

Well, we had them and we lost. We may win eventually, but another state will be carrying the torch.

The half ass lawsuit NY rifle and pistol association brought to the table was a joke. They spent more money on refreshments than writing their argument.

 

[hoodfu]

The half ass lawsuit NY rifle and pistol association brought to the table was a joke. They spent more money on refreshments than writing their argument.

I don't think it mattered when you look at what the state put forth. Any court should have laughed out the evidence and they did the opposite. The fix was in from the very beginning. Our only hope was it making it to SCOTUS but Scalia just had to go out all James Gandolfini style after a large dinner. This'll get decided, but realistically the people that cared will have moved out of NY by then.

 

[MilesTeg]

I don't think it mattered when you look at what the state put forth. Any court should have laughed out the evidence and they did the opposite. The fix was in from the very beginning. Our only hope was it making it to SCOTUS but Scalia just had to go out all James Gandolfini style after a large dinner. This'll get decided, but realistically the people that cared will have moved out of NY by then.

I half way agree with you. Anyone following it knew it had to go to SCOTUS. Even with this fact their argument was weak and the supreme court had turned away other cases for being poorly written. Therefore the case was never written in a manner to succeed. The only thing the lawsuit was meant to do was build their membership.

 

[Airborneguy]

This is a SMART move. You guys must have forgotten the big decision in Massachusetts last year that used Tasers as the basis.

 

[MilesTeg]

This is a SMART move. You guys must have forgotten the big decision in Massachusetts last year that used Tasers as the basis.

Agreed I had just hoped we would be farther along by now. I'm just impatient tonight.

 

[JosERW]

This is all well and good, but frankly this is something I could care less about. Is there ANYTHING to be done about blatantly unconstitutional laws like the unsafe act and Sullivan? When asked Tom King just told me "he doesn't want t discuss in an open forum." Are any of the other groups doing anything? Any new cases? Any old cases? Tasers... whoopie. The colonists didn't fight the British with stun guns.

 

[JosERW]

I don't think it mattered when you look at what the state put forth. Any court should have laughed out the evidence and they did the opposite. The fix was in from the very beginning. Our only hope was it making it to SCOTUS but Scalia just had to go out all James Gandolfini style after a large dinner. This'll get decided, but realistically the people that cared will have moved out of NY by then.

I don't blame NYSRPA for losing in the appeals court, the Second Circuit is a communist hell hole. But I do blame them for giving up when Scalia passed. This will eventually be decided? WHEN? We're running out of lawsuits. The only way we'll get a win in a circuit court is if there is a federal law passed and then that means the communists will control the Supreme Court most likely? WHEN WHEN WHEN?

 

[JosERW]

This is a SMART move. You guys must have forgotten the big decision in Massachusetts last year that used Tasers as the basis.

Again, the only way I care about this is if it helps bring down the unsafe act. But it won't. The founders didn't give us the right to keep and bear arms so we could zap people with electricity in 5 second intervals.

 

[hoodfu]

This is all well and good, but frankly this is something I could care less about. Is there ANYTHING to be done about blatantly unconstitutional laws like the unsafe act and Sullivan? When asked Tom King just told me "he doesn't want t discuss in an open forum." Are any of the other groups doing anything? Any new cases? Any old cases? Tasers... whoopie. The colonists didn't fight the British with stun guns.

Yeah, tasers, but you know what's going to happen after we get tasers? Carrying tasers in NYC concealed or openly. When they go to fight that, SCOTUS ends up ruling that any arms (in this case tasers) must be allowed to be beared, not just kept in the home. BAM. Concealed carry of handguns and it never even needed to be a firearms court case.

 

[Kwalsh]

Cuomo will never allow it!!! he will order his supreme court to reject the case and that will be it

 

[Phauxtoe]

I am in for one if they get a Win

Chip away the Idiocy!

 

[soylentBlue]

So if we gain the ability to own tasers, how long until we hear "you don't need a pistol, just carry a taser"?

 

[Phauxtoe]

nope, it doesn't address many needs of Self Protection.

 

[RayKnobs]

They already won in DC. They backed down without a court battle.
D.C. to lift stun-gun ban after constitutional challenge by gun rights advocates

 

[JosERW]

Again, this is meaningless to me if we still have to deal with the unsafe act. We are banned from owning the most common firearms in America. More common than Tasers. Pretty soon the only thing we'll be allowed to own is tasers. Pretty much our only hope is the en banc case in the 4th Circuit and we pretty much know how that's going to go. Sorry, I just feel like when even when we win, we lose. As long as unsafe and sullivan exist, we are infringed.

 

[Clipazine]

Who gives a flyin' rat's tits about tasers?? I want my gun rights restored first.

 

[Blimey]

They already won in DC. They backed down without a court battle.
D.C. to lift stun-gun ban after constitutional challenge by gun rights advocates

Too bad NY won't take the hint and will force this through the courts even though this is--and I never said that against NY SAFE--a law that has a really good chance of being repealed. And that's with the current scotus; it doesn't even need a 5-4 after a trump appointment.

Haha, here's one of the comments from that article:

Italian Rose
9/28/2016 12:26 AM EDT
Pre Heller DC had a no nonsense gun law that would be a model for the nation and the courts have been cutting away at it ever since. I am glad that Hillary Clinton when elected will get tough on guns.

Aww, snap.