NY Judge: Carrying a Gun is a Privilege, Need to Prove Why You Need It

Adam Klasfeld
Courthouse News
September 7, 2011

WHITE PLAINS, N.Y. (CN) – Five Westchester residents and the Second Amendment Foundation cannot relax a law forcing citizens to demonstrate proper cause before they pack heat on public streets, a federal judge ruled.

New York courts have interpreted “proper cause” as having a “special need for self-protection” as compared to the general population.

  • A d v e r t i s e m e n t

“I hold that the state has an important government interest in promoting public safety and preventing crime,” U.S. District Judge Cathy Seibel wrote in an order dismissing a class action challenging the regulation.

Alan Kachalsky, Christina Nikolov, Eric Detmer, Johnnie Nance and Anna Marcucci-Nance say their applications for full-carry permits were rejected, even though they had all been trained in firearms and had spotless criminal records.

Kachalsky claimed he had proper cause because “we live in a world where sporadic random violence might at any moment place one in a position where one needs to defend oneself or possibly others,” court documents say.

Judge Susan Cacace, his licensing officer, found that this explanation did not distinguish him from anybody else seeking a permit.

Nikolov said she deserved a license because she passed three firearms safety courses with the National Rifle Association, showed a “calm demeanor” as a pilot and flight instructor, and had a higher likelihood of being the victim of violence as a transgender woman.

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22 Responses to “NY Judge: Carrying a Gun is a Privilege, Need to Prove Why You Need It”

  1. I think any attorney or judge needs to prove why he needs to be an attorney or a judge as a member of the bar, in violation of the original thirteenth amendment and why the price of his license to practice law should not be his life.

  2. Carrying a Gun is a God given constitutional right this New York judge is a complete and an utter moron who does not know the Constitution and The Bill Of Rights.

    Here is what The Second Amendment to the United States Constitution says below:

    Please note: I posted both the one passed by the Congress and the one ratified by the States.

    As passed by the Congress:

    “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

    As ratified by the States:

    “A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.”

    • My fellow infowarriors please let me know what you think and also please let me know if you agree or disagree.

  3. Cops are a good reason to pack.

  4. A while ago I watched a lecture on sovereignty, and it was very enlightening. It showed that only sovereigns have constitutional rights, and that anyone who is a federal employee does not (anyone with a SSN). It was quite interesting, and made alot of sense, after the civil war the feds didnt want to give black people sovereignty, and implemented citizenship, shortly after there was a census, that said at the end “Are you an American Citizen y/n, of course everyone said yes, but the trick was it was a contract, and after signature was binding. People gave up their sovereign rights, and that is the only thing that gave the “sovereign states” power. Until people start claiming their rights, the federal gov will continue to use people as chattle.

  5. would anybody agree with me, that if everyone possed a gun a would be criminal would think twice before actually commiting a crime?

    • Been saying that for decades…..EVERYONE should be allowed to pack. PERIOD!
      Can’t take all the guns made in the world, and the ones still being made, off the streets..it just cant be done.
      But..they KNOW all this. This is how they want it.
      Which is why I will always carry..whether there is a law/regulation against it or not.

  6. here is your proof its called the second ammendment to the constitution

  7. Robert Lane Aiassa said, on September 8, 2011 at 1:01 am

    “When Will People Get Fair Representation- It’s Up To You. We the People – say I – the People. ”

    “The Electoral College Reform.”

    (435 pts) Members Of House Of Representative (Electoral pts.) Meaning that number of electoral points available in the presidental elections; supporting the states indpendence; and industury; laws ; and it’s government by the representations of the people, by District vote tallying one point; by placing regulations in effect prevent a party from shifiting the electoral points.

    Declaring the state right to be faily and equally represented as defined in laws; and must be done in process of electoral deligations in federal election laws; and present the peoples right in every district; that of it’s chosen canidate in determing presidency.

    The people in any district; any state and in any federal election; the party nominated by vote; “must” rpresent the peoples right in the voting process; and points earned cannot be shifted; to the other party- in keeping an clean elections.

    The people must be fairly represented; regardless of pary affilations; and the interference otherwise in the national electoral process.

    “The elective district: the process of electors- each 1 pt, by the people.”

    * The Electoral System: the parties, democrats; republican, liberal or independent ; is required to have fair and equla representation,

    * By the people- Each State- To represent the laws; and concerns for industury; economics; and social or ethnic diversities.

    * The states – indpendent electors; fair and equal representation; not just by populated area; or regional demographics.

    The District Keeps thier earned (1pt) electoral points; no shifting of the minority vote. ; 435 mathmeticaly impossibe to have a tied elections.

    Correction Amended:

    Thus Time Zones- in a (early lead; or projection) of the predetermined elections; and it’s representation of the people.

    THE DISTRICT OF COLUMBIA –

    The same rights of fair and equal representaion of the laws of it’s government; and such regulations be enforced guarnateed these rights.

    That said; Distict Electors; of Twelve Pts; and Each Representaive.

    The Electoral points- of district (1pt) and total of 447 possible electoral deligations by fair representation and ARTICLE, VI * 26 , XII 12, and XVI , 14 of The United States Constitution.

    The Clean Elections Act.

    End Of Report.

    WRITTEN BY – Robert Lane Aiassa (2009-2010, 2011 ) Eg. 2002 _ reamended and presented several times for protections of the people; and all respective rights of the constitution for defeneing liberty, freedooms guaranteed within it’s constitution.

  8. Being a federal judge is a privilege! …….apparently now you can overrule the Creator in court. lovely.

    Welp. too bad for Mr. Fancyrobe that this ruling is illegal, null and void.

  9. There are two states that do not have the right to bear arms; according to NY. ‘

    ONE The obvious- NY.

    New York – where in fact you should be allowed ; as it’s a GUARANTEED Right of the people to protect themselvs from intrusion; home invasion; bodily threat and or personal harm – and legal licence to bear arms should no be infringed.

    New York – is a state that need the people to be allowed to defend themselves- same as the district of columbia.

    THE PEOPLE RESREVE THE RIGHT -to defend themselves- not after the fact; then the police arriveand it’s too’ late.

    “Opps -I guess the judge forgot to mention that. ”

    Personaly i believe they “stole” that right from the people in state of new york ; why?

    “They fear an uprising by the people. ”

    In my opinion-

    The congresseional members fear getting shot- for treason; ”

    The judge who made his ruling is a “control freak” and just like the members of it’s districts; wanting his opularity for the next election – and contibutions from anti-gun lobbyists ; capign reforms to promote his career.

    The fact ; their is not enough law enforcement; jobs; and pverity sticten areas with zero- and no employment; or education; or public services available to the people.

    Specifically;

    The city of New York; the daily mugging’s, raped, kidnapping; and other serious threats against it citizens- in broad daylight!!

    “Without Protection. ”

    Look at detriot Michigan- #4 in the world for violent crimes – and continued poverty; where numerious case it the right to personal protection – it SAVED their lives.

    The Other Is The State Of Hawaii:

    “People are peaceful – with diversity- and are peaceful people.”

    Unless you are a memeber of law enforcement; and or the US Miltary; court officers ; bail bondsmen you may not bear arms.

    “The State Of Hawaii” on the other hand has actual reason to deny – the right to bear arms because of it’s tourism; people from all over the world; it could lead to lewding ; high murder; government uprising; and make it extreamely dangerious; why?

    Hawaii- YOU Living on an Tropical Island – It has very little crime; and has the lowest murder rate in the entire country.

    You can look these numbers – google it- statistics.

    It’s regulations is actually under english common laws; and is recognized by the people of Hawaii; as a” territory” yet, not an actual state.

    Hawaii pride itself as a non-violent – or confortating nation of Islanders; similar to values upheld by australlia and canada.

    I challenge to poll: it’s true – and I lived there.

    The lowest in the entire; united states – with 18 murders; and death related homicides; last year in 2010.

    NEW YORK – it doesn’t fall in that catogory – and should be allowed to protect themselve- that is a constitutional freedom we as american enjoy.

    WE Must STAND UP FOR FREEDOM!!!

    Furthermore – WE AS AMERCIANS – it’s our duty to defend our liberty- OUR LIVES – and continue to protect our freedom.

    We the people; by the people, are the people-

    ALL THE PEOPLE- and our electives.

    Electronically Signed,

    Robert Lane Aiassa 09/07/2011

    • The PEOPLE of New York ???

      “Are you American.??”

      THE STATUE Of LIBERTY:

      Did or Does, Yet Still The “Statue Of Libery,” Represent Your Freedom- Your Indpendence?

      Something to beileve in – It’s Your Freedom.

      Maybe – a permit; by the Citizen(S) Of New York- A Parade- for Freedom and Independence.

      Yours Truly,

      Robert Lane Aiassa 9/07/2011

  10. Judges are custodians of the law. They are sworn UNDER THE CONSTITUTION to uphold this Constitution which means all of the Constitution. Judges are not to legislate the laws from their bench, their chambers or anywhere else these councilors in a robe might flaunt their power. The legislative branch of our government creates the laws. Again, judges do not create the law, they are commanded by the people to dispense the law as it is written! NO JUDGE is higher than the Constitution!!!! No judge is higher than the people that put them there!

  11. there is no such thing as “proper cause”,,,,, this ruling needs to be apealled

  12. Read your Constitution, Judge. You know, the one you swore to uphold when you took office? It CLEARLY states that the right to bear arms SHALL NOT BE INFRINGED. By ANYONE. It is a RIGHT, not a PRIVILEGE.

    Any American who kowtows to this obvious misinterpretation deserves precisely the tyranny they get.

    These people should all leave NY and get licensed in another state pronto.

    • he is SOMEONE, not ANYONE. so I guess it is ok….

  13. Judge Cathy Seibel is fine example of the corruption in our court system. For some reason, we let judges decide if orange is really blue, exept at 2:00 pm, when it is coriander.

  14. You do not need a” legitamate” reason to carry a gun. You simoly have the right to period you nazi judge cacase dictator power hungry bitch.

  15. I , for one, will give no mind nor heed to any unconstitutional ruling from any court or so called judge in this country. For those who would, may your chains sit lightly upon you and may they bleed you into lifelessness quickly, as that will be the most merciful. P.S. Be very careful about trusting atty`s. Many of them are owned by the very system they claim to fight against.

  16. You have the RIGHT to bear arms!

    • Yes, bearing arms is a right, not a privilege. Being a judge is a privilege, not a right. And supporting the 2nd Amendment is a duty, not a prerogative.

  17. Seems that only Gov. employees and the rich elite are allowed to pack heat. Basterds dont want the slaves to be able to protect themselves on the street or when the shtf.

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