Planning challenge to licensing requirements

[TheRealJohnGalt]

If that permit is REQUIRED to possess the gun, then it has the potential to infringe unless it is CLEARLY and OBVIOUSLY a "shall issue" with no onerous requirements, and NO FEE. If you can pass a background check you should have that registration immediately.
I should not now, nor ever, have to pay a fee/tax/bribe to be able to exercise my Rights.
And, other than stating "Mr Grimscale is hereby registered as a gun owner", it should not have any other information regarding what guns I own. The .gov has no business knowing what I possess unless I use it illegally, which there are already laws against.
The permitting scheme, as enacted within NYS, is 100% unConstitutional for a variety of reasons, not the least of which is it is based on the premise that certain classes of arms are completely banned unless special permission is given by the very government that is not allowed to ban them.

I understand your "piecemeal" statement with regard to getting these overturned. It is just extremely frustrating that they can pass dozens of infringing rules in one huge package and yet we cannot get that entire package thrown out in one shot.
If any portion of that "law" is void, the entire package must then be void as well. Make them have to waste their time resubmitting and revoting on each and every provision they think they can keep.

Agree with these sentiments 100%. The way I read SCOTUS discussing licensing/registration, they "assume" the process is same day. They have not been presented with evidence to the contrary. They have not addressed challenges "within" the licensing scheme.

Thus, this (future) lawsuit. It needs to be done.

 

[TheRealJohnGalt]

What are your plans IF they approve your application?

Probably head to Calverton with my client to celebrate

 

[TheRealJohnGalt]

Good luck ..

i finally found 4 references .. 2 are dogs and 2 are ferrets .. none live with me or are relatives

watching this this Thread ..

If they reject because the dogs are Pitbulls or some other "restricted breed," let me know. We have a case.

 

[BerettaGuy]

Probably head to Calverton with my client to celebrate

Before or after you post a viral youtube video.

 

[TheRealJohnGalt]

Before or after you post a viral youtube video.

You mean TikTok right?

 

[Bustedknees]

Probably head to Calverton with my client to celebrate

But there would still be a mountain more of infringements to play with.

 

[camper4lyfe]

Being through this mess since 2013 (yeah, short compared to many), it's caused my to be quite skeptical. I will wish you the best, and prepare for the worst.

 

[Jchrisls]

Following

 

[BerettaGuy]

After you are denied, what would happen if we were able to get 100's of applicants to do the same thing in other counties. Class Action maybe?

 

[TheRealJohnGalt]

After you are denied, what would happen if we were able to get 100's of applicants to do the same thing in other counties. Class Action maybe?

I'm not sure. If claims similar to the one I would bring are made, an appellate court might consolidate the cases and issue a general ruling.

We are not bringing a suit for damages if we are denied. It will be for declaratory relief. So, imagine in a standard lawsuit for damages, you are seeking a verdict or ruling that you were "injured," and your "relief" is usually a monetary amount.

In a case like this, what we would be doing is seeking "declaratory relief" from a court. Specifically, we would be seeking a determination or ruling by a Court declaring (hence the term "declaratory relief") that we DID comply with the Constitution (and SCOTUS interpretation), and that our refusal to provide references, social media accounts, etc. is not a basis for denial. Our "relief" would be this aforementioned declaration, accompanied with a Court Order that the County re-process the application Constitutionally (correctly).

That's the best layman explanation I can give. A suit for damages could be brought simultaneously, or subsequently, or additionally if the County refused to comply (thereby expressly violating my rights and a court order), etc. Make sense?

 

[lrick]

But there is ANOTHER reason I posted on here. The main reason. I will not say it now. Can anyone figure it out? Imaginary trophy for you if you do, but I will not confirm.

Thank you for the response.

Top ten potential main reasons for posting here:

1. You're in it for the "likes".
2. You're just really into Ayn Rand and couldn't find another forum in which TheRealJohnGalt wasn't already taken (cool name BTW).
3. If successful you will receive the adoration of hundreds.
4. You just really want to piss off Kathy.
5. You want to test the State's surveillance apparatus & use it against them.
6. You hope this will lead to an interview on Fox with Shannon Bream.
7. Posting in a open forum helps create circumstantial witnesses to corroborate the motive, intent and happenings of your application process.
8. To scare the approving body into an expeditious approval for your client.
9. You made a $1 bet with Mortimer.
10. Because NYGF is the most kick-ass, 2A-loving gun forum around! :I am a kiss-ass

In all seriousness, I wish you luck.

 

[Gonzobird]

I am no legal genius here so forgive me if i am asking a dumb question but can you file an injunction with whatever court against the law that was passed to have it reviewed for it's consitutaionalty?

 

[spat]

I'm not sure. If claims similar to the one I would bring are made, an appellate court might consolidate the cases and issue a general ruling.

We are not bringing a suit for damages if we are denied. It will be for declaratory relief. So, imagine in a standard lawsuit for damages, you are seeking a verdict or ruling that you were "injured," and your "relief" is usually a monetary amount.

In a case like this, what we would be doing is seeking "declaratory relief" from a court. Specifically, we would be seeking a determination or ruling by a Court declaring (hence the term "declaratory relief") that we DID comply with the Constitution (and SCOTUS interpretation), and that our refusal to provide references, social media accounts, etc. is not a basis for denial. Our "relief" would be this aforementioned declaration, accompanied with a Court Order that the County re-process the application Constitutionally (correctly).

That's the best layman explanation I can give. A suit for damages could be brought simultaneously, or subsequently, or additionally if the County refused to comply (thereby expressly violating my rights and a court order), etc. Make sense?

We need to start suing for damages.

Declaratory relief only means they can keep throwing up new roadblocks endlessly. Why would they stop ?

Imagine if the only penalty for shoplifting was that you had to put the merchandise back.

 

[tirwin1]

Thank you for the response.

Top ten potential main reasons for posting here:


6. You hope this will lead to an interview on Fox with Shannon Bream.

You hope it will lead to a torrid affair with Shannon Bream.

FIFY

 

[lrick]

You hope it will lead to a torrid affair with Shannon Bream.

FIFY

Thank you - I was just trying to stay family friendly

 

[spat]

Thank you - I was just trying to stay family friendly

Wholly unnecessary on this site

 

[Drinkthekoolaid]

Lone wolf of course. Cmon man. Appreciate the NRA generally but I’m looking to make my arguments my way with my client, free from any other influence or party or media spectacle. Just your humble attorney representing his client’s interests...

Hopefully you have enough Dagnys, Fransiscos, and Hanks.


Keep the Wesley Mouchs far away from your cause.

Keep fighting the good fight, thank you.