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This Article is just a filler and ,they are not telling the whole story-" The case is Kachalsky v. Cacace, filed by SAF and five private citizens in the Empire State who are challenging New York’s arbitrary and capricious permitting system. They are represented by Alan Gura, the attorney who won both the Heller and McDonald cases before the Supreme Court in 2008 and 2010, respectively. The McDonald case was also filed by SAF.
Because New York, New Jersey, Maryland and other states currently enforce a “may issue” type of carry permit system, government bureaucrats can now simply deny someone a license or permit. In the Kachalsky challenge, the issue revolves around a requirement that permit applicants prove a “special need” to exercise a constitutional right.
“Our case is about equal protection and the arbitrary authority of government officials to essentially decide on a whim whether average citizens can have the means of self-defense outside the confines of their home,” Gottlieb said in a press release. “Most crimes happen away from the home, and it is in public places and on public streets where a citizen is most likely to encounter a life-threatening situation where he or she might have to defend themselves.”
Last year, SAF won a similar case against the State of Maryland – a case now on appeal – when a federal district judge ruled that Maryland’s law is unconstitutional.
Gun prohibitionists – the same people who are now trying to ban so-called “military style assault weapons” – have maintained that the Second Amendment applies only to guns kept in the home for personal protection. Judge Benson Everett Legg summed up that philosophy thusly: “A citizen may not be required to offer a ‘good and substantial reason’ why he should be permitted to exercise his rights. The right’s existence is all the reason he needs.”
Getting Supreme Court review of Kachalsky is the first step. Winning the case then becomes the challenge, and Gura has a proven track record.
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