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             The following is a general overview of potential challenges to the constitutionality of New York State's firearms licensing statute and the handgun licensing procedures of the Suffolk County Police Department, assuming a positive outcome in the now pending matter of McDonald v. Chicago, No. 08-1521, cert. granted Sept. 30, 2009, in the United States Supreme Court, which will incorporate the Second Amendment to the states under the Fourteenth Amendment.  A decision in the McDonald case is expected in June 2010, thus allowing for a challenge to New York State’s firearms laws and procedures thereafter. Long Island Firearms, LLC believes that the right to keep and bear arms is a pre-existing natural right which is protected by the United States Constitution. It is our intent to raise support for a challenge to New York State’s licensing laws and procedures after the McDonald case is decided, to ensure that our freedoms are recognized and preserved for generations to come.

             A challenge to New York State's firearms licensing laws would take the form of a civil action based on the McDonald opinion, brought in the United States District Court for the Eastern District of New York by Long Island Firearms, LLC, on behalf of certain of its members having standing, seeking a declaratory judgment declaring certain aspects of section 400.00 of the Penal Law of the State of New York unconstitutional and unenforceable.  The implications of the judgment in such a case would be statewide in scope.  The purpose of such an action would be to have certain aspects of New York State's firearms licensing scheme declared constitutionally impermissible under the Second Amendment as outlined in Heller.  The ideal outcome of such litigation would be to force New York State to redraft its firearms laws to bring them into compliance with Heller, thus promoting, protecting and preserving the rights of gun owners in New York State.

A challenge to the Suffolk County Police Department's licensing procedures would take the form of a civil action based on the McDonald opinion, brought in the United States District Court for the Eastern District of New York by citizens and residents of Suffolk County whose rights have been violated, joined by an amicus curiae such as Long Island Firearms, LLC, on behalf of its members. The implications of the judgment in such a case would extend to every other county of the State that employs handgun licensing procedures similar to those at issue in Suffolk County.  The purpose of such an action would be to have certain aspects of Suffolk County's licensing procedures declared constitutionally impermissible under the Second Amendment as outlined in District of Columbia v. Heller, 554 U.S. 290 (2008), thereby promoting, protecting and preserving the rights of gun owners in Suffolk County and elsewhere in the State.

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