FirearmsLawNews
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- Jul 1, 2014
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(Buffalo, New York) – New York State’s pistol permit law is under fire for not complying with the federal case law. The United States Supreme Court’s ruling in McDonald v. City of Chicago prohibits states from interfering with the rights of homeowners to carry handguns in their home.
The licensing officer in Erie County determined that Darryl and Michele Seibert of West Seneca New York were not eligible for general concealed carry permits. However, federal case law since the seminal Heller and McDonald decisions prohibit states from interfering with handgun possession in the home, provided that the homeowners do not have felony charges nor have been declared mentally incompetent.
Here, New York failed to provide the Seiberts with an application for a license to carry a gun within their home. Because the licensing officer did not exercise his discretion to furnish the Seiberts with a general concealed carry permit, they cannot not exercise their fundamental right to carry a gun in their home under the Second and Fourteenth Amendments.
Today, the plaintiffs filed a 42 U.S.C. §1983 civil rights lawsuit in United States District Court to force New York State to comply with the Heller and McDonald requirements, and further seeking to enjoin the state from enforcing its handgun law under New York Penal Law §400.00 as it applies to homeowners.
The name of the case is Seibert v. Schneiderman. For more information, please contact Tresmond Law at (716) 858.3115.
The licensing officer in Erie County determined that Darryl and Michele Seibert of West Seneca New York were not eligible for general concealed carry permits. However, federal case law since the seminal Heller and McDonald decisions prohibit states from interfering with handgun possession in the home, provided that the homeowners do not have felony charges nor have been declared mentally incompetent.
Here, New York failed to provide the Seiberts with an application for a license to carry a gun within their home. Because the licensing officer did not exercise his discretion to furnish the Seiberts with a general concealed carry permit, they cannot not exercise their fundamental right to carry a gun in their home under the Second and Fourteenth Amendments.
Today, the plaintiffs filed a 42 U.S.C. §1983 civil rights lawsuit in United States District Court to force New York State to comply with the Heller and McDonald requirements, and further seeking to enjoin the state from enforcing its handgun law under New York Penal Law §400.00 as it applies to homeowners.
The name of the case is Seibert v. Schneiderman. For more information, please contact Tresmond Law at (716) 858.3115.