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A new challenge to the NY permit law

10K views 80 replies 59 participants last post by  JimOstrowski 
#1 ·
#3 ·
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

 
#6 ·
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.
 
#33 ·
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.
To quote one the Socialists own......."Political power grows out of the barrel of a gun" - Mao Zedong. When all else fails and they bring guns to bear to force on us their political will, we need to respond in kind.
 
#8 ·
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.
 
#9 ·
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.
 
#11 ·
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.
 
#12 ·
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.
 
#17 ·
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!
 
#18 · (Edited)
#19 ·
The more the merrier. Legal harassment of our enemies is a good thing. And sooner or later, this dam will bust open.
 
#20 ·
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,
 
#21 ·
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.
 
#25 ·
I think the ruling from the 9th District CoA could also be helpful in your suit. Good luck to you!!!!!!
 
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