Erie County Libertarian Party Attempts to Topple Unconstitutional Pistol Permit Regime

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Last week the Erie County Libertarian Party and other petitioners filed a lawsuit in the Supreme Court against Andrew Cuomo, which attacks the necessity and the constitutionality of the New York State pistol permitting process.

In a press event last week regarding updates on the case, Erie County Libertarian Party Chairman Duane Whitmer stated: “I find it extra hypocritical that a government that can shut down county offices, set up barricades and send National Guard troops to defend locations will then turn around and force the average citizen to beg for the right to defend themselves.”

Since then, Whitmer has said that this case “is used to show the inconsistencies in the pistol permitting structure across the state” citing that in some counties, it is near impossible to get a permit whereas in others it is fairly easy. “In my opinion the permitting regime is unnecessary and unconstitutional. If we win [this lawsuit], you could potentially see New York State turn into a constitutional carry state.” James Ostrowski, one of the attorneys on the lawsuit, has to-date the only win against the New York State SAFE Act in court. He stated that “while we hope to win this motion and win the subsequent appeal, we also wrote this brief for the public itself to provide the education on this history and purpose of the second amendment that they are surely not getting in the schools controlled by left-progressives.” Ostrowski continued on to say “history shows that when people lack the right to defend themselves, they are often victimized, murdered, tyrannized, and enslaved.” Regarding the lawsuit and the motion to bring the case in front of the Supreme Court, he stated that “unless we change our strategy fast and boldly, as we have done in this brief, we will only continue to lose.”

The Erie County Libertarian Party is the Erie County affiliate of the Libertarian Party of New York, fighting for smaller government, decentralization, and the individual. Learn more at eriecountylp.org.

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