Tuesday, November 4, 2008

Nassau County Gun Ban Lawsuit Moves Forward

Nassau County Gun Ban Lawsuit Moves Forward

Back in June the Nassau Co. legislature passed Local Law #5 that would ban the possession of "deceptively colored" handguns on the premise that such guns could look like toys and pose a danger to law enforcement. This law bans all handguns except for those that are "black, grey, silver, steel, nickel or army green", gold plated and brown guns were added later with an amendment (a.k.a Local Law #9).

This law allows no grandfathering of currently owned guns and mandates that gun owners turn in any guns in violation of the law without compensation.

An Article 78 action was filed quickly by Nassau Co. residents Alan Chwick and Edward Botsch and Monroe Co. SCOPE member Tom Fess. The Article 78 action argues that the law is invalid based on a number of issues but most importantly that the County is preempted from banning handguns by NY Penal Law 265 and 400.

The law has been basically placed on hold, unenforceable, by the judge until this action plays out. The next step is oral arguments before the judge and the timing for that will be determined by the judge.

All public documents pertaining to this action have been posted at our website
www.SCOPEny. org on our Alerts page.

SCOPE was asked by the petitioners for support in the form of funds from our Legal Defense Fund and we immediately saw the importance of challenging this law and the SCOPE Board of Directors committed to that support. SCOPE is the only Second Amendment organization that has committed support, monetarily or otherwise, to this action.

We are asking SCOPE members to help replenish our Legal Defense Fund with any donation you can afford.

Donations can be sent to:
SCOPE, PO Box 12711
Rochester, NY 14612.

Please make checks out to SCOPE, Inc and note in the memo area of your check "for Legal Defense Fund". Any and all donations will be greatly appreciated.

Ken Mathison, President
SCOPE, Inc.__._,_.___

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