Has anyone sued because of local law(s) preventing self defense?

[chroode]

Has a person that lived in a state, or local area, that was physically attacked, ever sue the government entity for preventing them from having the ability to carry a weapon or gun to prevent the injuries that they sustained?

Examples of a law would be like in New York where you can only get a permit for target or hunting, and not for everyday carry.

Has such a law suit ever been filed? Did they win? Can it be done?

 

[Retired Grunt]

Has a person that lived in a state, or local area, that was physically attacked, ever sue the government entity for preventing them from having the ability to carry a weapon or gun to prevent the injuries that they sustained?

Examples of a law would be like in New York where you can only get a permit for target or hunting, and not for everyday carry.

Has such a law suit ever been filed? Did they win? Can it be done?

Actually in New York It is possible to get a Concealed carry permit outside of the city. It is at the discretion of the county judge that you reside in.

 

[nogods]

States have sovereign immunity. A state would have to waive its sovereign immunity for such a lawsuit to be successful.

A local government might have exposure, but the plaintiff has the burden of proof. How would you prove that you would have had a firearm at the time, would have been able to use it competently if you had one, and would have successfully thwarted the attack?

 

[Ektarr]

What about pursuing on the grounds of having been denied your Constitutional Rights, which led to your being successfully attacked?

 

[nogods]

What about pursuing on the grounds of having been denied your Constitutional Rights, which led to your being successfully attacked?

If the supremes hold that the 2nd applies to the states, then you can just sue for being denied your constitutional rights and get a firearm permit before you are attacked.

If the supremes hold that the 2nd does not apply to the states, then you have no basis for the claim.

 

[Alaska444]

If the supremes hold that the 2nd applies to the states, then you can just sue for being denied your constitutional rights and get a firearm permit before you are attacked.

If the supremes hold that the 2nd does not apply to the states, then you have no basis for the claim.

It is quite likely that they will incorporate the second amendment as they have with almost all of the bill of rights so far. It would be due justice to have the second amendment incorporated since the incorporation of the first amendment has caused so much difficulty for those that wish to practice their faith in public. It would be hypocrisy not to incorporate the 14th amendment with the second since they have done it with all of the others already. It is also the only hope that I have to get a CCW in Los Angeles county.

 

[nogods]

It is quite likely that they will incorporate the second amendment as they have with almost all of the bill of rights so far. It would be due justice to have the second amendment incorporated since the incorporation of the first amendment has caused so much difficulty for those that wish to practice their faith in public. It would be hypocrisy not to incorporate the 14th amendment with the second since they have done it with all of the others already. It is also the only hope that I have to get a CCW in Los Angeles county.

I agree, i think they will incorporate the 2nd amendment. And I hope it induces states to re-examine their more restrictive gun laws and policies in light of it.

But the first amendment hasn't inhibited anyone from practicing their religion n in public - what it does is prohibit one from using public assets to practice their religion - and that is as it should be.

Our government exists to serve secular purposes, it does not exist to be used to promote religion.

The phrase "[A] hedge or wall of separation between the garden of the church and the wilderness of the world" was first used by Baptist theologian Roger Williams, the founder of the colony of Rhode Island, in his 1644 book.

As you may know, Roger Williams fought all his adult life for the freedom to practice his religion free from the dictates of the religion of the rulers of the colonies and settlements in which he resided.