Upset about New York?
Want a little payback?
How’s about these apples right here:
On February 11, 2013 later this Spring we should find out whether or not the Supreme Court will take up the appeal in Kachalsky v. Cacace,* helmed by mangod Alan Gura. This is the shall-issue license-to-carry case. As such, it’s of great interest to me here in Kalifornia….
Heller and McDonald defined “Keep,” this or another carry case will define “Bear.” The time to do it is NOW, before one of the Heller 5 kicks the bucket.
Anyway, given that New York is ground zero for the ridiculous concept (to which not even Kali subscribes) that you need to be licensed to own a firearm in the first place, having the Supreme Court require the issuance of licenses to carry concealed and loaded firearms to pretty much any law-abiding New York citizen who applies for one should result in all sorts of pants-shitting hysterics among the intelligentsia. And I’m betting 99% of them have no idea this is even a possibility….
If Gura’s Petition for a Writ of Certiorari (“cert”) is accepted by the Supreme Court, this case would likely be heard this Fall, with a decision in 2014. Revenge, best served cold, etc.
Strategic litigation is a long, chess-like game, can be super fun to watch, and Gura’s a master at it. His writing style is really…something to see. He is far more aggressive in his strategy and tactics that a lot of appellate lawyers.
The aversion to enforcing the Second Amendment manifested by some of the lower courts is difficult to overstate. The District of New Jersey, for example, faced with a challenge to that state’s identical law, simply declared the entire Second Amendment field outside the home a nuisance from which it would shield government lawyers. “Given the considerable uncertainty regarding if and when the Second Amendment rights should apply outside the home, this Court does not intend to place a burden on the government to endlessly litigate and justify every individual limitation on the right to carry a gun in any location for any purpose.” Piszczatoski v. Filko, 840 F. Supp. 2d 813, 829 (D.N.J. 2012), appeal pending, No. 12-1150 (3d Cir. filed Jan. 16, 2012).
At the moment, the deadline for NY’s response to Gura’s appeal has been extended to March 13. Hopefully cert comes shortly thereafter.
*OBTW, I have it on good authority that “Cacase” is pronounced “Ka-case”.