FPC and SAF Challenge New York City Handgun Carry Ban

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U.S.A.-(AmmoLand.com)- Today, Firearms Policy Coalition (FPC) and the Second Amendment Foundation (SAF) announced the filing of a new federal Second Amendment lawsuit that seeks to make it possible for all law-abiding people to carry a loaded handgun on their person in public self-defense in and around New York City. The case, Greco v. City of New York, can be viewed at FPCLegal.org.

The State of New York’s laws make it a crime for a law-abiding individual to carry a loaded handgun outside of the home unless they have been issued a license to carry a handgun. Further, State law and City rules prevent individuals from obtaining a license because of further unconstitutional requirements, such as the “proper cause” requirement, among others. Working together, the State and City regulations amount to a total ban on carry for the average law-abiding period. Consistent with other FPC and SAF cases, they argue that the Supreme Court’s precedents take that policy choice off the table, and the Constitution itself provides the only justification necessary for law-abiding adults to exercise their fundamental, individual right to bear arms in public.

“Like the lawsuit against New Jersey’s carry ban we filed earlier this week, we are suing New York City over their unconstitutional ban that prevents typical, law-abiding people from carry loaded, operable handguns on their person in public places,” explained attorney Adam Kraut, FPC’s Director of Legal Strategy. “The State of New York and New York City have enacted broad criminal laws to prohibit the carry of handguns, and then set up an unconstitutional requirement for the issuance of a license to carry, thus completely foreclosing the right. This case seeks to strike down these laws and allow New Yorkers and visitors to exercise the right to bear arms as they are entitled to.”

“The right to bear arms must be available to all citizens in New York, not just wealthy people and celebrities,” remarked SAF Founder and Executive Vice President, Alan Gottlieb. “Like other rights protected by the Constitution, that right is not limited to the confines of one’s home. Ever since the SAF victory in McDonald v. City of Chicago ten years ago, the Second Amendment absolutely applies in New York. We will continue to sue whoever we need to as we restore the Second Amendment one lawsuit at a time.”

“People in New York have a right to carry a loaded handgun in public for self-defense, and contrary to what Governor Cuomo and Mayor de Blasio think, the Constitution fully applies in the City and State of New York,” said FPC President Brandon Combs. “The Supreme Court in Heller was clear that to ‘bear’ arms means to ‘carry’ them on the person in case of confrontation.’ Anything that denies a law-abiding citizen the ability to exercise that right is unconstitutional, period. Through this and other cases we will force these authoritarian politicians to follow and respect the Second Amendment whether they like it or not.”

The plaintiffs, including one New York resident, FPC, and SAF, are represented by attorney David Jensen.

The Greco case is another important lawsuit filed as part of FPC’s comprehensive strategy to defend freedom, advance individual liberty, and restore the Constitution and its guarantees for individuals throughout the United States.

Individuals who wish to support the lawsuit can do so at JoinFPC.org and www.firearmspolicy.org/greco.

NOTICE — YOUR HELP REQUESTED!

FPC is urgently seeking individual and FFL plaintiffs for a number of lawsuits that are being prepared to challenge laws and policies that infringe on fundamental rights, including (but not limited to):

  • Laws and policies that prevent individuals from purchasing and/or possessing so-called “assault weapons” (semi-automatic firearms with standard characteristics) and “high-capacity” magazines (standard magazines that hold more than 10 rounds)
  • Laws and policies that prevent 18-20-year-old young adults (under age 21) from obtaining handguns from FFLs and carry loaded, operable arms in public for self-defense
  • Laws and policies that prevent individual adults (over the age of 18) from carrying loaded handguns and other arms outside of their home
  • Laws and policies that prevent individuals from acquiring and/or possessing handguns and other arms without first acquiring a “purchase permit”
  • Laws and policies that prevent individuals from acquiring or possessing firearms due to a conviction for a non-violent crime, or mental health adjudication that did not involve an involuntary commitment
  • Laws that prevent honorably discharged veterans from acquiring or possessing firearms because they have been classified as “a mental defective” due to the agency’s determination that they “lack the mental capacity to contract or manage his or her own affairs” because they need assistance managing VA benefits and have a fiduciary

If someone you know meets the criteria above, or if you would be interested in participating in litigation as a supporting FFL, please contact us:

  • On the web at www.firearmspolicy.org/hotline
  • By email at potentialplaintiffs[at]fpchq.org
  • By phone at (855) 252-4510 (FPC Legal Action Hotline available 24/7/365)

If you would like to support FPC’s Greco case and many other pro-Second Amendment lawsuits, legal action, and research, please chip in $5, $10, $25, or whatever you can at https://www.firearmspolicy.org/donate or Join the FPC Grassroots Army at JoinFPC.org.


About Firearms Policy Coalition

Firearms Policy Coalition (firearmspolicy.org) is a 501(c)4 nonprofit organization. FPC’s mission is to protect and defend constitutional rights—especially the right to keep and bear arms—advance individual liberty, and restore freedom through litigation and legal action, legislative and regulatory action, education, outreach, grassroots activism, other programs. FPC Law is the nation’s largest public interest legal team focused on Second Amendment and adjacent fundamental rights including freedom of speech and due process, conducting litigation, research, scholarly publications, and amicus briefing, among other efforts.

Firearms Policy Coalition

About Firearms Policy Foundation

Firearms Policy Foundation (firearmsfoundation.org) is a 501(c)3 grassroots nonprofit organization. FPF’s mission is to defend the Constitution of the United States and the People’s rights, privileges, and immunities deeply rooted in this Nation’s history and tradition, especially the inalienable, fundamental, and individual right to keep and bear arms, through research, education, legal action, and other charitable programs.

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Arny
Arny (@dmaxter)
1 year ago

And is Maryland in your sights ?