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Bang / Guns
See other Bang / Guns Articles

Title: Breaking: Shocking Gun Confiscation Begins in New York!
Source: Conservative Daily
URL Source: http://conservative-daily.com/2015/ ... nfiscation-begins-in-new-york/
Published: Oct 30, 2015
Author: Joe Otto
Post Date: 2015-10-30 15:48:42 by Stoner
Keywords: None
Views: 11525
Comments: 54

Breaking: Shocking Gun Confiscation Begins in New York!

Fellow Conservative,

We’ve known this was coming. When New York State Legislators passed laws to allow municipalities to confiscate law-abiding citizens’ firearms, it was only a matter of time before they decided to exercise that power.

On October 22, 2015, the Suffolk County Police Department (SCPD) called a member of a motorcycle club and informed him that his pistol permits were under review because of his alleged membership in the Pagans MC. For those of you who don’t know, the Pagans Motorcycle Club is what the FBI calls an “outlaw” motorcycle club.

The FBI alleges that the club is involved in organized crime.

When the SCPD found out that one of its county’s legal gun owners was a member in this club, they ordered him to come in for an “interview” and to bring his 10 legally owned and registered handguns with him.

But they had no intention of interviewing him. When he arrived, the Police ordered him to surrender his firearms and pistol permit… all because he is a member of a group that the police don’t like.

Now to be clear, this club member (who prefers to remain nameless) has a squeaky clean record. He has never been convicted of a crime. His motorcycle club membership not withstanding, he has done nothing to get put on the police department’s radar.

But because of his association with a motorcycle club, something that is a First Amendment right, the police just confiscated his guns. Unbelievable…

If this can happen somewhere in America, it can happen anywhere in America!

You could be next. Tell Congress to put a stop to this practice and outlaw these illegal confiscations once and for all!

Whatever the motorcycle club has been accused of is a separate issue. If police are allowed to just confiscate guns from people because they don’t like the groups they’ve joined, it’s easy to see how that can get completely out of control.

A lot of liberals are pushing for the National Rifle Association to be labeled as a “terror group.” No, that’s not a joke. That was actually a headline in the New York Daily News earlier this month. Can you imagine if a police department confiscated your guns because they didn’t like your NRA membership? Or they didn’t like the gun club you belonged to?

This is where it is heading. You no longer need to be convicted of a crime to have your guns taken away. You no longer need to be admitted to a mental hospital. In Obama’s America, hearsay is enough.

Don’t we have rights anymore? Don’t we have the Bill of Rights?

Whatever happened to freedom of speech?

This man had his guns away not because he committed a crime, or was even suspected of committing a crime. His guns were confiscated because police didn’t like the motorcycle club he belonged to.

If we let this slide then we’re all in danger!

Do you see? This is the left’s end-game. Tell Congress to enforce the 2nd Amendment nationwide and put a stop to these unconstitutional confiscations!

Time and time again, we have warned that registration always leads to confiscation. Here is proof of that. Without the registry, police would never have been able to target this man.

Here is someone who jumped through all the hoops. He underwent a background check, bought his pistols legally, and then registered them with the state. He had no criminal record.

I want you to think about all the clubs and organizations you belong to. Now imagine that your local police department started violating your constitutional rights because they didn’t like the club/organization. Picture them confiscating your guns, stopping you from voting, or arresting you for speaking your mind at a town hall meeting all because of your clubs and associations.

When we allow injustice to slide against one of us, then it puts all of us at risk!

When Obama met with police chiefs from across the country earlier this week, he pushed for the very universal registration scheme that made this injustice possible.

At the time of the founding, only 3% of American colonists took up arms to fight against British tyranny. The other 97% either resisted passively, were too afraid to do anything, or remained loyal to the crown.

I am calling on you to be part of that 3% now. Get loud and DEMAND that Congress put a stop to these gun confiscations once and for all!

I cannot stress enough; you MUST FaxBlast your Congressman and Senators demanding that this injustice be stopped!

Sincerely,

Joe Otto

Conservative Daily


Poster Comment: Registration is OK right?

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Begin Trace Mode for Comment # 43.

#5. To: Stoner (#0)

BTW,the first gun confiscations I am aware of happened in NYC back in the 30's. They used mafia hits as the excuse.

sneakypete  posted on  2015-10-30   16:56:57 ET  Reply   Untrace   Trace   Private Reply  


#6. To: sneakypete, Stoner (#5)

BTW,the first gun confiscations I am aware of happened in NYC back in the 30's.

Restrictions started in 1785. Concealed carry was prohibited in 1881. By the Sullivan Act of 1911, NY prohibited possession without a license.

Kachalsky et al v Cty of Westchester et al, 2nd Cir 11-3642 (27 Nov 2012) affirmed NY permit law that limited concealed carry to those with proper cause or in a specified employment category. Open carry is prohibited.

Kachalsky is the controlling case regarding concealed carry in New York.

At 48, the Court states, "we decline Plaintiff's invitation to strike down New York's one-hundred-yearold law and call into question the state's traditional authority to extensively regulate possession in public." ... "In view of our determination that New York's proper cause requirement is constitutuional under the Second Amendment as applied to Plaintiffs, we also reject their facial overbreadth challenge. Overbreadth challenges are generally limited to the First Amendment context."

Kachalsky et al v Cty of Westchester et al, 2nd Cir 11-3642 (27 Nov 2012) RKBA

nolu chan  posted on  2015-10-30   19:48:42 ET  Reply   Untrace   Trace   Private Reply  


#7. To: nolu chan, stoner, sneakypete, y'all (#6)

Restrictions started in 1785. Concealed carry was prohibited in 1881. By the Sullivan Act of 1911, NY prohibited possession without a license.

Just the way nolu chan likes it. ---- Nolu is firmly convinced that govt can restrict/prohibit various aspects of our right to arms with impunity: ---

libertysflame.com/cgi-bin...? ArtNum=42588&Disp=73#C73

The Federal government has been banning certain weapons since 1934, a proven beyond all doubt, by the National Firearms Act of 1934. Machine Gun Kelly's favorite weapon was banned. ------ If all weapons are allowed, can one rent a floor of the WTC and fill it with C-4 or nuclear bombs in exercise of their 2nd Amendment rights? ----- it would seem that the 2nd Amendment could use an update. In 1791, there were no weapons that could wreak havoc on entire continents. ------ nolu chan posted on 2015-10-26

tpaine  posted on  2015-10-30   20:33:36 ET  Reply   Untrace   Trace   Private Reply  


#14. To: tpaine (#7)

Restrictions started in 1785. Concealed carry was prohibited in 1881. By the Sullivan Act of 1911, NY prohibited possession without a license.

Just the way nolu chan likes it. ---- Nolu is firmly convinced that govt can restrict/prohibit various aspects of our right to arms with impunity: ---

As opposed to the way tpaine preaches the law, I state the real law in the real world. New York has imposed restrictions since before the Constitution. The Sullivan Act requiring a license is from 1911. The current and actual NY law disagrees with tpaine, and the SCPD enforce the actual law, not the law from the tpaine Court of the Imagination.

The tpaine has fine argument except that the Westchester County Court decided otherwise, the U.S. District Court affirmed and provided summary judgment against it, the 2nd Circuit held the NY law was Constitutional and affirmed the lower courts, and the U.S. Supreme Court DENIED Cert.

COUNTY COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER

In the Matter of the Application of Alan N. Kachalsky,
for a pistol permit pursuant to Penal Law Section 400.00

FILED AND ENTERED ON [10/8] 2008
WESTCHESTER COUNTY CLERK

DECISION & ORDER
Index No.: 3/2008

CACACE, J.

This Court, in its capacity as handgun licensing officer for the County of Westchester (see Penal Law §265.00(10)) has been presented with the application of Alan N. Kachalsky, 47C Peck Avenue, Rye, New York, for an unrestricted full carry pistol permit. In accordance with the statutory mandate (see Penal Law §400.00(4)), the Westchester County Department of Public Safety has conducted an investigation of the applicant’s background.

In order for the issuance of a license to “have and carry concealed [sic] without regard to employment or place of possession by any person,” the Court must find “proper cause exists for the issuance thereof.” Penal Law §400.00(2)(f).

The Court, in exercising its broad discretion, finds “good cause” for denial of the subject application. Matter of Charles I. Anderson v. Joseph A. Mogavero, Jr. as County Court Judge of Ostego County, 116 AD2d 885.

In support of his request for an unrestricted permit, the applicant has stated that his belief is that the Second Amendment of the United States Constitution entitles him to an unrestricted permit without further establishing “proper cause.” He goes on to cite the fact that we live in a world where “sporadic random violence might at any moment place one in a position where one needs to defend oneself or possibly others.

He has not stated any facts which would demonstrate a need for self protection distinguishable from that of the general public. The Westchester County Department of Public Safety has forwarded a recommendation that his application be denied.

The Court does not find that the applicant has submitted a persuasive argument justifying the issuance of a “full carry” license.

The State has a substantial and legitimate interest and a grave responsibility for ensuring the safety of the general public. Licensing officers are vested with broad discretion in determining applications for an unrestricted pistol license, and are required to exercise their judgement on the basis of a total evaluation of relevant factors. See Fulco v. McGuire, 81 AD2d 509.

Based upon all the facts and circumstances of this application, it is my opinion that proper cause does not exist for the issuance of an unrestricted “full carry” pistol license to be issued to Alan N. Kachalsky. Accordingly, the application for an unrestricted, full carry pistol permit by Alan N. Kachalsky is denied.

The foregoing constitutes the decision and order of this Court.

Dated: White Plains, New York
October [8], 2008

/s/ Susan Cacace

HON. SUSAN CACACE
County Court Judge

Kachalsky v Cacace, SDNY No. 10-cv-5413 (CS) was decided 2 Sep 2011.

The CONCLUSION was:

III. CONCLUSION

For the reasons stated above, I hereby DENY the State Defendants’ and the County’s Motions to Dismiss, DENY Plaintiffs’ Motion for Summary Judgment, and GRANT the State Defendants’ Cross-Motion for Summary Judgment. Although the County has not crossmoved for summary judgment, I hereby GRANT it summary judgment sua sponte. The Clerk of the Court is respectfully directed to terminate the pending motions, (Docs. 30, 33, 39, 42), and close the case.

SO ORDERED.

Dated: August 9/2, 2011
White Plains, New York

/s/ Cathy Seibel
CATHY SEIBEL, U.S.D.J.

Kachalsky et al v Cty of Westchester et al, 2nd Cir 11-3642 (27 Nov 2012) affirmed NY permit law that limited concealed carry to those with proper cause or in a specified employment category. Open carry is prohibited. Full opinion provided at #6.

At 47:

9 To be sure, “the enshrinement of constitutional rights
10 necessarily takes certain policy choices off the table.”
11 Heller, 554 U.S. at 636. But there is also a “general
12 reticence to invalidate the acts of [our] elected leaders.”
13 Nat’l Fed’n of Indep. Bus. v. Sebelius, 132 S. Ct. 2566,
14 2579 (2012). “‘Proper respect for a coordinate branch of
15 government’ requires that we strike down [legislation] only
16 if ‘the lack of constitutional authority to pass [the] act
17 in question is clearly demonstrated.’” Id. (quoting United
18 States v. Harris, 106 U.S. 629, 635 (1883)). Our review of
19 the history and tradition of firearm regulation does not
20 “clearly demonstrate[]” that limiting handgun possession in
21 public to those who show a special need for self-protection
22 is inconsistent with the Second Amendment. Id.

http://www.scotusblog.com/case-files/cases/kachalsky-v-cacace/

Kachalsky was appealed to SCOTUS where cert was DENIED.

http://sblog.s3.amazonaws.com/wp-content/uploads/2013/01/kachalsky_cert_petition.pdf

QUESTIONS PRESENTED

1. Does the Second Amendment secure a right to carry handguns for self-defense outside the home?

2. Do state officials violate the Second Amendment by denying handgun carry licenses to responsible, law-abiding adults for lack of “proper cause” to bear arms for self-defense?

The decision of the United States Court of Appeals for the Second Circuit, reprinted in the Appendix (App.) at 1, is published at 701 F.3d 81.

The decision of the United States District Court for the Southern District of New York, reprinted at App. 45, is published at 817 F. Supp. 2d 235.

nolu chan  posted on  2015-10-30   22:55:06 ET  Reply   Untrace   Trace   Private Reply  


#32. To: nolu chan, roscoe, misterwhite, Y'ALL (#14)

Restrictions started in 1785. Concealed carry was prohibited in 1881. By the Sullivan Act of 1911, NY prohibited possession without a license.

Just the way nolu chan likes it. ---- Nolu is firmly convinced that govt can restrict/prohibit various aspects of our right to arms with impunity: ---

As opposed to the way tpaine preaches the law, I state the real law in the real world.

I state/cite the supreme law of the US CONSTITUTION. And thousands of constitutional lawyers also 'preach' those clear words.

--- Agreed, thousands of pettifogging lawyers also preach against the 2nd Amendment, cheered on by simps like Nolu Chan, roscoe, and misterwhite..

New York has imposed restrictions since before the Constitution. The Sullivan Act requiring a license is from 1911. The current and actual NY law disagrees with tpaine, and the SCPD enforce the actual law, not the law from the tpaine Court of the Imagination.

Your feeble mind imagines my 'court'. --- Granted, there are a few States that are still overly regulating our rights to arms..

Why you creeps support those efforts is a question best left to mental health experts.

tpaine  posted on  2015-10-31   14:11:45 ET  Reply   Untrace   Trace   Private Reply  


#39. To: tpaine, roscoe, misterwhite (#32)

Your feeble mind imagines my 'court'. --- Granted, there are a few States that are still overly regulating our rights to arms..

Why you creeps support those efforts is a question best left to mental health experts.

Why some mentally deficient minds imagine a state of law that does not exist, and preach it as the effective, operational law, is best left to tpaine's court of the imagination to explain.

Why you invent arguments about who supports the court holding directly on point is readily explainable... you have no ability to make the chain of court decisions go away so you must create a bullshit diversion.

I documented the effective law. I did not offer a personal opinion about. The provision of law in question is over a century old.

nolu chan  posted on  2015-11-01   1:12:39 ET  Reply   Untrace   Trace   Private Reply  


#43. To: nolu chan (#39)

He's worthless. Block him.

Roscoe  posted on  2015-11-01   2:58:47 ET  Reply   Untrace   Trace   Private Reply  


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