Litigation

SAF Sues In New York To Void 'Good Cause' Gun Carry Permit Requirement

BELLEVUE, Wash. - The Second Amendment Foundation (SAF) has filed a federal lawsuit against Westchester County, New York, and its handgun permit licensing officers, seeking a permanent injunction against enforcement of a state law that allows carry licenses to be denied because applicants cannot show "good cause" (Kachalsky, et al. v. Cacace, et al., No. 10cv05413, S.D. N.Y.).

SAF is joined in the lawsuit by Alan Kachalsky and Christina Nikolov, both Westchester County residents whose permit applications were denied. Kachalsky's denial was because he could not "demonstrate a need for self protection distinguishable from that of the general public." Nikolov's was denied because she could not demonstrate that there was "any type of threat to her own safety anywhere." In addition to Westchester County, Susan Cacace and Jeffrey Cohen, both serving at times as handgun permit licensing officers, are named as defendants. The lawsuit was filed July 15 in the U.S. District Court for the Southern District of New York, White Plains Division.

Attorney Alan Gura is representing the plaintiffs, along with attorney Vincent Gelardi with Gelardi & Randazzo of Rye Brook, N.Y. Gura recently represented SAF and the Illinois State Rifle Association in their Second Amendment Supreme Court victory over the City of Chicago.

Under New York Penal Code Section 400.00, handgun carry permit applicants must "demonstrate good cause for the issuance of a permit," the lawsuit alleges. This requirement violates the Second Amendment, according to the plaintiffs.

The Second Amendment Foundation is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. For more information, visit www.saf.org.

Download the complaint.