This is the ninth installment of a series documenting an ordinary New Yorker attempting to exercise his Second Amendment rights: Part I (license application), Part II (application rejected),Part III (the lawsuit), Part IV (appeal filed), Part V (appellate briefing complete), Part VI (N.Y. Appeals Court Not Interested in Ending NYPD Corruption), Part VII (Corruption? You Can’t Prove It!), Part VIII (appeal to N. Y. high court).
A brief update: To the surprise of no one, the N. Y. Court of Appeals has denied (.pdf) my motion for leave to appeal my gun license case, this concluding my state-level judicial remedies. In doing so, the Court has continued a long-standing tradition not of coming out and approving the City’s gun laws, but refusing to even consider the matter. Since the U. S. Supreme Court clarified a decade ago that the 2nd Amendment is an individual right not tied to militia membership, the N.Y. Court of Appeals has refused every case that has come its way on the matter.
The leading case on gun rights in this jurisdiction is, in fact, a federal case that the N.Y. high court also refused to hear. And so, this is the way my case will go: the next update will be a pleading filed in the U.S. District Court for the Southern District of New York, asking the federal courts to declare that the due process I have received to date has been deficient. My license app was decided by a corrupt cop, reviewed by a court that applied the wrong standard, and appealed in courts that simply didn’t care.
Let’s fix this. Stay tuned.