Nassau NY Handgun Ban Lawsuit Update

Nassau NY Handgun Ban Lawsuit Update

Mineola, NY – -(AmmoLand.com)- The Nassau County local law banning the possession of handguns mislabeled “deceptively colored” has reached the New York State Supreme Court, Appellate Division, Second Department.

The Respondents have responded to our Appellate Brief, and we are now in the process of preparing our Reply Brief.

As you may remember, in June 2008, Nassau passed Local Law #5, criminalizing the possession and sale of “deceptively colored handguns” as a supposed danger to law enforcement. The law originally banned all handguns except for those that are “black, grey, silver, steel, nickel or army green.” It does not grandfather currently owned guns and mandates that gun owners surrender all banned guns for destruction without any compensation, and with no opportunity to sell them outside the county.

Three New York State pistol licensees—Alan Chwick of Freeport, Edward Botsch of Franklin Square, and Thomas Fess of Rochester—filed an action on July 23rd in Nassau Supreme Court (Index #: 013564/2008) to challenge the laws. The proceeding was filed pro se, with the assistance of a New York gun-rights activist and attorney.

The action, brought on the day the law was to go into effect, sought a ruling that Nassau’s local law is invalid because it is “preempted” by New York State’s extensive gun control laws, which already ban “disguised guns.” Under the doctrine of preemption, localities may not pass laws in areas already regulated by state law, unless state law permits such local laws. The suit also sought to overturn the law because it violates the right to keep and bear arms under both the Second Amendment to the United States Constitution and a similar provision of New York State Civil Rights Laws.

The filed proceeding led Nassau to enter into a binding stipulation not to enforce the law unless the court rules against the petitioners. Further, filing of the action alone resulted in the Nassau County legislature amending the law to remove the prohibitions against gold plated, blued, and brown handguns.

As stated, the action is currently on appeal to the NYS Appellate Division, Second Department (Docket No. 2009-1468), and the petitioners have retained attorney Robert Firriolo, a litigation partner in the New York office of Duane Morris LLP.

The petitioners continue to express their gratitude to SCOPE, the Freeport R&R Association Junior Club, SAFE, SASI, NCF&G, and to all those individuals who have donated to help us succeed in this important appeal. The petitioners, though, are still seeking donations to help with the appeal of Chwick v. Mulvey, as we have requested 15minutes of Oral Argument time.

Please remember that a victory in this appeal may well be the springboard for challenging other burdensome and senseless New York gun control laws. In fact, Chwick v. Mulvey has already been cited in Albany County Appellate Division, Second Department, and the cite was positive on our points 3 & 4 (Cites to Heller and NYS Civil Liberties, Second Amendment). Additionally, Chwick v. Mulvey, may be another doorway for incorporation of the Second Amendment by NYS. But appeals are not inexpensive, so please donate whatever you can to SCOPE, SAFE, SASI, or directly to Petitioner Chwick. Every dollar helps, and any funds leftover, will be returned. We are on the threshold of the possible rewrite of NYS PL 265 & 400.

We ARE looking forward to a successful appeal, but we can only do it with your help. Thanks.