A new challenge to the NY permit law
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  1. #1
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    Default A new challenge to the NY permit law

    Hello all:

    I am preparing to file a major challenge to NY gun laws. The suit will be filed soon in Buffalo federal court. Here is a link to the latest draft of the complaint. Feel free to contact me for further information or to be put on my email list. Thanks.

    2nd Amendment Draft Complaint | Political Class Dismissed

    Jim Ostrowski
    (716) 435-8918
    jameso@apollo3.com

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  3. #2
    General Dr. Evil's Avatar
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    And who exactly are you? Just curious some background info. Not trying to be difficult, this just came out of no where. Thanks.

    edit: never mind. Just looked at your site. **** luck!
    Long Live NY Extremists FUAC

  4. #3
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    He poted this bio on the attorney stickey


    Originally Posted by JimOstrowski
    Hello all!

    I'm Jim Ostrowski, about as hardcore on the right to bear arms as anyone. I have practiced law for 30 years, concentrating on litigation, including constitutional law and criminal defense. I am also a columnist for LewRockwell.com. I am preparing to file a major challenge to NY gun laws. I will post the complaint in the law and politics section tonight.

    Contact info:

    James Ostrowski
    Attorney at Law
    63 Newport Ave.
    Buffalo, NY 14216
    (716) 435-8918
    jameso@apollo3.com



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  6. #4
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    Cool

  7. #5
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    Thank you for representing our common cause.
    I have read your draft and and wish you the best.
    [COLOR=#ffffff][FONT=Georgia]This site is owned by Vertical Scope which is Antigun. Google it for yourself. Join us at ***************.com"[/FONT][/COLOR]

  8. #6
    General Phazer's Avatar
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    Good luck to you.

    I fear that all we have now is a legal system, not a justice system. For if we truly had a justice system, our elected "rulers" would be afraid to infringe upon our unalienable rights.
    Hey, Liberals....George Orwell's 1984 was supposed to be a work of fiction.
    NOT an instruction manual.

  9. #7
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    If by suit you mean a rocket and Buffalo you mean Capitol Hill in Albany then yes this might work.

  10. #8
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    In the kachalsky ruling the judge implies open carry may be lawful. That is the suit we need. Even in hunting open carry is illegal but the grey area is overlooked by dec. Allowed but nowhere in law.
    This alone is enough to take to suit.
    Shall issue concelaed will happen shortly after people are walking the streets with pistols on their hips. Antis will beg for open carry to be banned.
    The only shot we have in ny is an open carry lawsuit.

  11. #9
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    I caveat my comments that I have no desire to undermine any attorney fighting the unjust laws against our constitutional rights. But I do have a couple of thoughts. I would not post a draft of a complaint, especially with internal language in brackets, and do not agree that listing the unintentional killing of civilians in collateral damage (which is totally unavoidable in war) as murder is a good idea or proper. I do agree with many other statements that are made. However a complaint is notice pleading, not emotional pleading.

    Our government has has done many improper things in the past and especially now, but our general policy of warfare is the most just and humane in the world and our troops do not ever target civilians except in very rare heat of battle retaliation for mistreatment or unlawful killing of our troops. ThIs kind of statement would alienate a large group of those we would want to reach in such a lawsuit.

    The permitting laws are unconstitutional. The legal points are solid.
    the right of the people to keep and bear arms, shall not be infringed.

    NYSRPA

    Admitted to New York and Massachusetts Bars

  12. #10
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    The more pressure we can put on the State, the more we stretch their resources which is good for our cause in my opinion.
    FUAC!

  13. #11
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    Thanks for the all the comments. Been dealing with water in the basement so I can't respond at length tonight. Some quick points. I do think the lawsuit raises new challenges to the permit law. On the issue of Kachalsky, I raised that issue for possible Supreme Court review. Of course, the 9th Circuit agreed with my position last week so that issue is stronger as a result.

    The reason I posted the complaint is that this is a public interest lawsuit and we need public support. I followed the same approach with the Pork Lawsuit which sought to ban corporate welfare. In that case, we won 5-0 in the 3rd Dept, lost 5-2 in the Ct. of Appeals.

  14. #12
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    Quote Originally Posted by JimOstrowski View Post
    Hello all:

    I am preparing to file a major challenge to NY gun laws. The suit will be filed soon in Buffalo federal court. Here is a link to the latest draft of the complaint. Feel free to contact me for further information or to be put on my email list. Thanks.

    2nd Amendment Draft Complaint | Political Class Dismissed

    Jim Ostrowski
    (716) 435-8918
    jameso@apollo3.com
    Its about time! the sullivan law is a house of cards waiting to be blown over. Illegal on many, many levels.

  15. #13
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    Best wishes sir. As someone who is mid process, I welcome the destruction of the permit system.

  16. #14
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    No, this will not stop anything from going forward. The Tresmonds are friends and allies.

  17. #15
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    Thank you for being involved Jim. And welcome to the forum.
    Psalm 12:8 The wicked walk on every side, when the vilest men are exalted.

  18. #16
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    You are welcome. I consider the right to bear arms the mot important domestic issue. Long story short. Been working on this idea for many years but things got in the way. Now is the time.

  19. #17
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    Welcome aboard, thanks for sharing you work with us. You will find much support on this forum. Some naysayers, but not to many. We have much here to share, any assistance that you may need, just ask. You may be surprised at the knowledge and passion that you will find on NYF!

  20. #18
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    Mr.Ostrowski Is a stand up guy.Ive read his articles on Lew Rockwell. He's quite wiley. Very much a patriot.



    http://www.lewrockwell.com/2013/02/j...rnment-school/
    Last edited by Holdover; 02-21-2014 at 12:13 AM.
    It is impossible for both the Constitution and a law violating it to be valid; Since an unconstitutional law is void, the general principals follow that, it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it . A void act cannot be legally consistent with a valid one.

  21. #19
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    The more the merrier. Legal harassment of our enemies is a good thing. And sooner or later, this dam will bust open.
    "...to disarm the people - that was the best and most effectual way to enslave them." (George Mason, 3 Elliot, Debates at 380)

    "The democracy will cease to exist when you take away from those who are willing to work and give to those who would not." - Thomas Jefferson

  22. #20
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    I appreciate what you are trying to do, but I need to be honest here...

    Your draft complaint was filled with speculative, emotional, unprovable conclusions. You will have most any judge rolling his/her eyes if you don't seriously revise your complaint and overall approach.

    Don't be that guy. Please don't file a half-ass lawsuit that only ultimately leads to setting bad precedent,

  23. #21
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    I appreciate the effort involved, but after reading the complaint it seems it is full of anti government rhetoric. Does this have a legitimate place in the complaint? It sounds more like a Alex Jones rant that a legal document. I get the impression you are pissed at the government in general and this is just one of many reasons for you to get the word out.

  24. #22
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    Thread cleaned. Anymore trolls get long vacations.
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  25. #23
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    Good luck and God speed, sir!

    Leaf -
    As goes the Second, so go all the rest.

  26. #24
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    Enumerated legalese makes my eyes cross.. can we get a summary for engrish speakers?
    SCOPE
    In 2014, we're still putting wood on guns? 0_o
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  27. #25
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    I think the ruling from the 9th District CoA could also be helpful in your suit. Good luck to you!!!!!!
    Manus haec inimica tyrannis
    The only cure for the liberal/progressive minded is; to put them into a situation where they have to rely on their own advice and theories to defend themselves.

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