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Article 78: NYPD Carry Business License Denial

4K views 6 replies 6 participants last post by  kfox75 
#1 ·
As per “15 U.S. Code - Chapter 105 - Protection of Lawful Commerce in Arms”; the legal acquisition of arms is a “fundamental right” protected by the Second Amendment. Therefore N.Y.S. P.L. § 400.00 (2) (f); “as-applied” by Respondent to Petitioner who is an FFL 01 Firearms Dealer; violates his Second Amendment “fundamental right” to engage in lawful commerce in arms. Petitioner requires a Carry Business License to legally perform essential duties’ of his business.

Petitioners’ “as-applied” challenge asserts that as an FFL 01 Firearms Dealer; Petitioner is not prohibited from lawfully storing firearms inventory offsite at any location where such inventory can be securely maintained; or participating within gun shows or sporting arms events within the State of New York. Under Title 27 CFR “§ 478.50 Locations covered by license”, “§ 478.100 Conduct of business away from licensed premises” and “15 U.S. Code - Chapter 105 - Protection of Lawful Commerce in Arms.”

Respondent argues that although Petitioner is a federally licensed FFL 01 Firearms Dealer; Petitioner still does not meet the standard for “proper cause” to possess a Carry Business License under N.Y.S. P.L. § 400.00 (2) (f).

Respondent legally requires all FFL 01 Firearms Dealers in the City of New York to possess a Carry Business License to handle firearms inventory; yet for no legal reason Respondent refuses to issue a Carry Business License to Petitioner. This is “prejudicial”, “arbitrary and capricious” and an “abuse of discretion.”

Respondent fails to state how issuing a Carry Business License to Petitioner who is not a prohibited person as per N.Y.S. P.L. § 400.00 (2) (f); constitutes a violation of federal, state or local laws; by enabling Petitioner to engage in lawful commerce in arms as a FFL 01 Firearms Dealer in the State of New York.

This case is fully submitted in the Supreme Court of the State of New York. The Judge adjourned and re-calendared it until May 12, 2015 because I had to alert the NYS Attorney General of my constitutional challenge as applied to me of NYS PL 400.00 (2) (f). I received the NYS Attorney Generals response on April 13, 2015 and he declined to intervene as a right so it will move forward now.

Article 78 Documents: https://www.dropbox.com/sh/t57ps0qd7jfx0x6/AABfXFZZ569JsStMsKS98wZ2a?dl=0
 
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#2 ·
This would be funny if it were not so serious!
Hey! you can't do that without my permission even if a higher authority said ok and I won't give you permission so you cant do that!:popcorn:
 
#5 ·
2nd amendment.... Hows that for a legal argument!

This kind of crap would be funny if it wern't so d$#^n serious. Good luck on your case going forward, godspeed.
 
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