THE CONSTITUTIONALITY OF NEW YORK STATE'S FIREARMS LICENSING LAWS AND THE
HANDGUN LICENSING PROCEDURES OF THE SUFFOLK COUNTY POLICE DEPARTMENT
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 Stateís 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 Stateís licensing laws and procedures
after the McDonald case is decided, to ensure that our freedoms are
recognized and preserved for generations to come.
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.
To read more about the proposed
challenges to section 400.00 of the Penal Law, click here.
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.
read more about the proposed challenges to the Suffolk County Police
Departmentís licensing procedures, click here.
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