Eight plaintiffs in Buffalo have taken issue with the pistol permit law in New York and are filing a civil lawsuit. According to Edward Garrett and the other plaintiffs in the case, the gun control law stretching all the way back to 1911 is unconstitutional.

Those who filed the suit believe that the pistol permit process in New York is a burden that violates the Second Amendment. According to the plaintiffs, the process of getting a permit can take up to one year, leaving them exposed to problems with law enforcement in the interim if the applicant chooses to have such a weapon anyway. These same plaintiffs also argue that the process of approving permits varies too much from county to county, putting too much discretion at the hands of administrators.

Edward Garrett moved to New York three years ago from South Dakota.  He asserts that part of the goal in filing a lawsuit is to get people talking about gun control laws. The law in question is known as the Sullivan Act, requiring individuals who carry small concealed weapons like pistols to have a permit to do so.

Those supporting gun control and the Act itself believe that those who filed the suit have failed to recognize the government’s authority to act in the public’s interest when it comes to safety. The lawyer for the plaintiffs, however, believes that recent Supreme Court rulings have erred on the side of protecting the Second Amendment. That is why he believes this particular lawsuit is poised for success. According to the attorney, cases like McDonald v. Chicago and District of Columbia V. Heller indicate a willingness to strike down gun bans when they impede individual rights.
If you have been accused of a crime involving a weapon, then it is important that you seek counsel from a knowledgeable New York criminal defense attorney. These cases are very serious and could lead to penalties for you. Julie Rendelman is a New York criminal defense attorney with over 20 years of experience in all the boroughs of New York, including the Bronx, Brooklyn, Queens, and Manhattan.   Ms. Rendelman offers free consultations.  Contact her at 212-951-1232 if you have been accused of a crime or feel you are being investigated for a crime. Visit www.RendelmanLaw.com to find out more about Ms. Rendelman’s experience.