Wednesday, July 24, 2019

New York Handgun Laws vs. The Second Amendment

Young George Washington
Once again, I find myself called to file a lawsuit. This time regarding the scope of the Fundamental and Second Amendment rights of resistance and self-preservation in the Home vs. the State of New York's attempt to circumscribe those rights by banning ownership of handguns. I would rather not be so called as lawsuits are harder to get out of than marriages.  But this one I can not walk away from and here is why:

Young George Washington's first military and diplomatic venture came in the Fall and Winter 1753 - 1754 through Western Pennsylvania.  He was accompanied by my Fifth Great Grandfather, Christopher Gist (1706 - 1759)*.  Martin J. O'Brien of the Harmony Museum, recounts the story:
At one point, Washington and his traveling companion, Christopher Gist, had a mishap on the Connoquenessing Creek. They tried to take this raft across the Allegheny River, and Washington was controlling it with a pole, and didn’t do a very good job because he ended up being thrown into the river. And with all the wet wool clothes that they used to wear, it was very fortunate that he was able to be saved by Gist.
Washington was the catalyst of the Revolution, he was the leader of the Constitutional Convention, he held everything together throughout the Revolution and afterwards, when we formed our government. And I truly believe, had Washington been killed, that our nation’s history would be quite different and the history of the world, the modern world as we know it, would be quite different.
The way I look at it, I have little choice other than to jump in and assert the fundamental rights of resistance and self-preservation in my home than my great, great, great, great, grandfather Christopher Gist did to jump in the Connoquenessing Creek and save young George Washington from drowning: Indeed, less choice.

The background on this is:
  • On July 18, 2018, I filed my State of New York Pistol/Revolver License Application (“Application”) with the Clerk of Steuben County. The Application was referred to Chauncey J. Watches, a New York Penal Law §265.00(10) Pistol/Revolver Licensing Officer for Steuben County, New York and, incidentally, a County Court Judge. 
  • On May 29, 2019 ‒ three hundred fifteen (315) days or 10 ½ months after I filed my Application ‒ Chauncey J. Watches sent me a letter denying to me a Pistol/Revolver License stating in pertinent part: (i) That he had reviewed my application and “the investigation submitted by the Steuben County Sheriff’s Department”; (ii) "The basis for the denial results from concerns about your being sufficiently responsible to possess and care for a pistol”; (iii) “[T]he Court is concerned that your history demonstrates that you place your own interest above the interests of society”.
  • In response to my request for the factual basis of his decision, on June 25, 2019, Chauncey J. Watches wrote me stating that:“I have reviewed your requests for information and documents and find them to be without legal basis and therefore they are denied.”

My response: Sibley v. Watches, a federal lawsuit in the Western District of New York. 

IDistrict of Columbia v. Heller, 554 U.S. 570 (2008), the Supreme Court of the United States held that the Second Amendment protects an individual's right to possess a handgun, unconnected with service in a militia, for traditionally lawful purposes, such as self-defense within the home.  Importantly, the late Justice Scalia writing for the majority opinion stated:
Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.
Thus, faced with a denial-without-explanation by Chauncey J. Watches of my Application upon "secret" evidence against me, I have loosed three litigation dogs of war; the first being the above federal lawsuit.  Subsequent posts on this blog will update the full nature and progress of my three litigation hell-hounds through the treacle-slow process of litigation.
* Nathaniel Gist (1733 - 1796) Son of Christopher Gist; Elizabeth Violet Gist (1794 - 1877) Daughter of Nathaniel Gist; Montgomery Blair (1813 - 1883); Son of Elizabeth Violet Gist; Montgomery Blair (1865 - 1944); Son of Montgomery Blair; Montgomery Blair (1898 - 1974); Son of Montgomery Blair; Beatrice Blair (1929 - 1994); Daughter of Montgomery Blair; Montgomery Blair Sibley (1956- ); Son of Beatrice Blair.


Unknown said...

go get em

Unknown said...

why did Mr. Sibley have to wait 315 days to get an answer? Under NYS laws section 400.00 (4-a) [processing of license applications}
applications for licenses shall e accpted for processing by the icensing officer at the time of presentment,except upon written notice to the applicant specifically stating the reason for any delay, in each case the licensing officer shall act upon any application for a license pursuant to this section WITHIN SIX MONTHS OF THE DATE OF PRESENTMENT of such an application to the appropriate authority. Such delay may only be for good cause and with respect to the applicant, in acting upon an application, the licensing officer shall either deny the application for reasons SPECIFICALLY AND CONCISELY STATED IN WRITING or grant the application and grant the license applied for.

Unknown said...

It is Americans like you that challenge those in office that negligently exert their power of judgment over our freedoms. I can't Thank you enough on behalf of all fellow Americans for your courage to stand up for our collective rights, and remind those that hold the power that they are here to serve the rights of the constitution for every American. Thank you, again.

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