Alan Gura is at it again. The lawyer who helped win the Heller and McDonald cases in the U.S. Supreme Court—striking down handgun bans in both cities—has filed a federal lawsuit against Westchester County, New York and handgun permit licensing officers Susan Cacace and Jeffrey Cohen. Gura’s Second Amendment Foundation is seeking a permanent injunction against New York Penal Code § 400.00. The law stipulates that handgun carry permit applicants must “demonstrate good cause for the issuance of a permit.” Apparently, the applicant’s desire to defend their lives didn’t cut the metaphorical mustard. More specifically . . .

Westchester turned down Kachalsky’s denial because he could not “demonstrate a need for self protection distinguishable from that of the general public.” Nikolov was denied because she could not demonstrate that there was “any type of threat to her own safety anywhere.”

SAF Executive Vice President Alan Gottlieb was not well pleased.

American citizens like Alan Kachalsky and Christina Nikolov should not have to demonstrate good cause in order to exercise a constitutionally-protected civil right. Our civil rights, including the right to keep and bear arms, should not be subject to the whims of a local government or its employees, just because they don’t think someone ‘needs’ a carry permit. Nobody advocates arming criminals or mental defectives, but honest citizens with clean records should not be denied out of hand.

[The case is filed as Kachalsky v. Cacase, U.S. Dist. Ct. S.D. N.Y. 10-05413]

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2 COMMENTS

  1. That is the same exact issue we face here in RI. The AG and the Police Chiefs are requiring applicants to show a need for self protection above and beyond that of the general citizenry.

  2. WOW! This is fantastic news.

    As a resident of Westchester County who possesses a pistol permit with a Target restriction, I'm delighted to see that somebody has taken the injustice of Westchester's gun norms head on. I want to be able to possess a full carry license and hopefully this lawsuit will turn that into reality.

    Thanks Alan Gura!

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