http://www.jointogether.org/gv/news/summaries/reader/0,2061,567148,00.html
Court Rejects Non-Resident Gun Permit Case
10/7/2003
A judge in the Northern District of New York court rejected a lawsuit brought by a U.S. naval attorney who wanted to carry a concealed weapon while visiting relatives in New York, the New York Law Journal reported Oct. 3.
New York law prohibits non-residents and individuals with no business interests in the state from obtaining a permit to carry a pistol or revolver when traveling to New York.
In his lawsuit against Gov. George E. Pataki, Attorney General Eliot Spitzer, former State Police Superintendent James W. McMahon and Ulster County Sheriff J. Richard Bockelmann, David D. Bach said that the state is leaving him defenseless when visiting his relatives in Saugerties, N.Y.
He further argued that the Second Amendment of the U.S. Constitution gives him the right to bear arms.
Bach, who has top-secret security clearance, lives in Virginia Beach, Va. "Because of my occupation within the Department of Defense and Naval Special Warfare, I believe my family and I are at greater risk of being targeted by those seeking to carry out symbolic acts of terror," he said in court papers.
He added, "Because the United States is in a state of war at home and abroad, and thousands of citizens have been slaughtered by foreign enemies in New York, Virginia and Pennsylvania, I continue to maintain a heightened concern for the safety and welfare of my family. Because New York State law prohibits me from obtaining the required license, I am deprived of the only rational and effective means I have to repel an attack from a violent criminal predator."
In rejecting the lawsuit, U.S. District Judge Norman A. Mordue of Syracuse ruled that the Second Amendment of the U.S. Constitution does not protect a fundamental individual right.
"In view of the weight of authority, including the present state of Supreme Court and Second Circuit jurisprudence, the court adopts the view that the Second Amendment is not a source of individual rights," said Mordue.
Court Rejects Non-Resident Gun Permit Case
10/7/2003
A judge in the Northern District of New York court rejected a lawsuit brought by a U.S. naval attorney who wanted to carry a concealed weapon while visiting relatives in New York, the New York Law Journal reported Oct. 3.
New York law prohibits non-residents and individuals with no business interests in the state from obtaining a permit to carry a pistol or revolver when traveling to New York.
In his lawsuit against Gov. George E. Pataki, Attorney General Eliot Spitzer, former State Police Superintendent James W. McMahon and Ulster County Sheriff J. Richard Bockelmann, David D. Bach said that the state is leaving him defenseless when visiting his relatives in Saugerties, N.Y.
He further argued that the Second Amendment of the U.S. Constitution gives him the right to bear arms.
Bach, who has top-secret security clearance, lives in Virginia Beach, Va. "Because of my occupation within the Department of Defense and Naval Special Warfare, I believe my family and I are at greater risk of being targeted by those seeking to carry out symbolic acts of terror," he said in court papers.
He added, "Because the United States is in a state of war at home and abroad, and thousands of citizens have been slaughtered by foreign enemies in New York, Virginia and Pennsylvania, I continue to maintain a heightened concern for the safety and welfare of my family. Because New York State law prohibits me from obtaining the required license, I am deprived of the only rational and effective means I have to repel an attack from a violent criminal predator."
In rejecting the lawsuit, U.S. District Judge Norman A. Mordue of Syracuse ruled that the Second Amendment of the U.S. Constitution does not protect a fundamental individual right.
"In view of the weight of authority, including the present state of Supreme Court and Second Circuit jurisprudence, the court adopts the view that the Second Amendment is not a source of individual rights," said Mordue.
