In a move that was expected, Alan Gura filed a notice of appeal with the 2nd Circuit Court of Appeals in Kachalsky v. Cacace. This is the case challenging New York State’s requirement to show “proper cause” for a pistol carry permit. From the docketing notice:
Date: September 12, 2011
Docket #: 11-3642
Short Title: Kachalsky v. Cacace
DC Docket #: 10-cv-5413
DC Court: SDNY (WHITE PLAINS)
DC Judge: Seibel
A notice of appeal filed by Alan Kachalsky, Christina Nikolov, Johnnie Nance, Anna Marcucci-Nance, Eric Detmer in the above referenced case was docketed today as 11-3642. This number must appear on all documents related to this case that are filed in this Court.
The notice of appeal consisted of Judge Seibel’s decision in the case plus the docket history of the case from the District Court.
5 thoughts on “Kachalsky v. Cacace Appealed To 2nd Circuit Court Of Appeals”
Meanwhile every pending gun case is going to get this decision cited by the gun banners.
Gura…how about challenging the license requirement…Unlike your move here, a winning argument, as the licensing of a right contained within the federal Bill of Rights has already been settled..
Murdock v Penn 319 U.S. 105 (1943)
"It is contended, however, that the fact that the license tax can suppress or control this activity is unimportant [319 U.S. 105, 113] if it does not do so. But that is to disregard the nature of this tax. It is a license tax – a flat tax imposed on the exercise of a privilege granted by the Bill of Rights. A state may not impose a charge for the enjoyment of a right granted by the federal constitution."
Here, let me refresh your memory….It's a privilege to drive…thus the imposed license requirement…It's not a privilege to carry a gun, it's a right…thus the government can't impose a license requirement…Did you forget this basic doctrine already?
I would suspect that if you showed any of your numerous clients the Murdock v Penn case, they would finish reading it and turn to you to say, " What the hell are you doing? "
So, what happens now?
I wonder when the appeal has to be perfected. It's been quite a while since the notice of appeal was filed; September, 2011! I hope it has not been abandoned.
One major problem with this case is the venue. Judge Cathy Seibel is a pathetic liberal who has no respect for the Constitution. Appealing to the 2nd Circuit in NY City (Bloombergville) is cause for despair because the court is populated by like-minded progressives who probably all believe that private citizens should not be permitted to own guns, despite the fact that they, as judges, are protected all day by armed guards throughout the courthouse. Think Sotomayor. This is where she hails from. God help us. We need a decision like the one rendered by District Judge Benson Everett Legg in Maryland in March. He gets it. Let's hope.
The simple fact is, that the current NYS pistol permit law, prohibits anyone from even buying a handgun for ANY purposes, such as target practice or hunting, No permit–no handgun.
This fortunately, is its built in "suicide pill." Thats'right–the concealed carry issue is a straw man……..it is a total ban on handgun ownership or purchase—- for ANY purpose, even simple home defense.
What's more the legal requirement in NYS, to have 5 pistol permit owners who have knows the applicant for at least 5 years…….. and certifies that they should own a handgun is well, so far beyond the pale of legal reasonablity, that it is humorous. It was written by madmen.
NO minorites need apply.
Once a higher, competent Federal Judicial panel, that is cognizant of the other recent Federal decisions, reads the NYS law, it will be like "Saturday Nite Live," as the laughs roll around the hearing room!
Bank on it!
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