Wednesday, October 27, 2010

Is NYC Trying to Avoid Being the Next Target?

Sebastian at the Snow Flakes In Hell blog had two posts yesterday about New York City and Mayor Bloomberg. One post detailed the proposed reduction in fees to obtain a gun permit in the city and the other looked at New York's "reasons" for denying a permit. Both of these are worth a read.

I'm sure that NYC will be sued eventually on Second and Fourteenth Amendment grounds. I just don't think it will be until some of the other cases currently in litigation advance beyond the competing motions stage. Of course, the New York City Council could pass some new egregious gun restriction like Chicago and then I think the suits would fly.

However, I don't think a full frontal assault on NYC and their laws, in my opinion, is the course that Alan Gura and the Second Amendment Foundation will take. It isn't that "the Alans" won't sue big targets - they will - but I think they want to have all the pieces in place when they do sue. One of those pieces has got to be Kachalsky v. Cacace which is working its way eventually to trial in U.S. District Court for the Southern District of New York. A precedent set in this case would then be valid in NYC because they are in the same judicial district.

Strategy and not just mere tactics is what will win our battles with the anti-gun, anti-civil rights forces. Just filing a case because you can - see for example the third Chicago gun case, Second Amendment Arms et al v. Chicago et al - is not the way to go about it.

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