Kachalsky V. Cacace
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Kachalsky V. Cacace
''Kachalsky v. Cacace'' (District - 10 Civ 05413, 2nd Circuit - 11-3642) is a case regarding the constitutionality of "may-issue" concealed carry laws. The plaintiffs, Alan Kachalsky, Christina Nikolov, and the Second Amendment Foundation, represented by Alan Gura, originally sought an injunction barring Susan Cacace, handgun licensing authority for co-Defendant Westchester County, New York, from enforcing a requirement of New York State law that applicants for handgun carry permits demonstrate "proper cause" for the issuance of a handgun license and subsequent carry of a handgun in public. The case is a direct challenge to the State of New York's "may-issue" system of concealed carry firearm licensing as being an unconstitutional infringement of the right to keep and bear arms as recognized by the Second Amendment to the United States Constitution. It is similar in basic subject matter to several other cases, such as '' Woollard v. Sheridan'' and '' Moore v. Madigan'', filed in the ...
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Concealed Carry In The United States
Concealed carry, or carrying a concealed weapon (CCW), is the practice of carrying a weapon (such as a handgun) in public in a concealed manner, either on one's person or in close proximity. CCW is often practiced as a means of self-defense. Every state in the United States allows for concealed carry of a handgun either permitless or with a permit, although the difficulty in obtaining a permit varies per jurisdiction. There is conflicting evidence regarding the effect that concealed carry has on crime rates. A comprehensive 2004 literature review by the National Academy of Sciences concluded that there is no link between the existence of laws that allow concealed carry and crime rates. A 2020 review by the RAND Corporation concluded there was limited evidence that shall-issue concealed carry laws may increase violent crime overall, while there was inconclusive evidence for the effect of shall-issue laws on all individual types of violent crime. History The Second Amendment to th ...
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Second Amendment Foundation
The Second Amendment Foundation (SAF) is a United States nonprofit organization that supports gun rights. Founded in 1974 by Alan Gottlieb and headquartered in Bellevue, Washington, SAF publishes gun rights magazines and public education materials, funds conferences, provides media contacts, and has assumed a central role in sponsoring lawsuits. The Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) is the lobbying affiliate of the SAF. As of January 2015, both groups reported having over 650,000 members. Legal action In 2005, the Second Amendment Foundation and the National Rifle Association (NRA) successfully sued New Orleans mayor Ray Nagin and others to stop gun seizures in the wake of Hurricane Katrina. On February 12, 2007, Ray Nagin and others were held in contempt of court for violating the consent order. The case is ''National Rifle Association of America, Inc., et al. v. C. Ray Nagin et al.'' In 2005, SAF and others sued to stop the San Francisco gun ...
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Alan Gura
Alan Gura is an American litigator practicing in the areas of civil litigation, appellate litigation, and civil rights law at Gura P.L.L.C. Gura successfully argued two landmark constitutional cases before the United States Supreme Court involving firearms, ''District of Columbia v. Heller'' and ''McDonald v. Chicago''. Early life and education Gura was born in Israel and settled in Los Angeles, California with his family when he was seven years old. Gura received his BA from Cornell University in 1992 and received his JD from the Georgetown University Law Center in 1995. Career Prior to founding Gura & Possessky, PLLC, Gura began his career by serving as a law clerk to the Honorable Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. Subsequently, as a Deputy Attorney General for the State of California, Gura defended the State of California and its employees in state and federal courts. Thereafter, Gura entered the private practice of ...
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State Of New York
New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. state by area. With 20.2 million people, it is the fourth-most-populous state in the United States as of 2021, with approximately 44% living in New York City, including 25% of the state's population within Brooklyn and Queens, and another 15% on the remainder of Long Island, the most populous island in the United States. The state is bordered by New Jersey and Pennsylvania to the south, and Connecticut, Massachusetts, and Vermont to the east; it has a maritime border with Rhode Island, east of Long Island, as well as an international border with the Canadian provinces of Quebec to the north and Ontario to the northwest. New York City (NYC) is the most populous city in the United States, and around two-thirds of the state's population lives in ...
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Concealed Carry
Concealed carry, or carrying a concealed weapon (CCW), is the practice of carrying a weapon (usually a sidearm such as a handgun), either in proximity to or on one's person or in public places in a manner that hides or conceals the weapon's presence from the surrounding observers. The opposite of concealed carry is called open carry. While most law enforcement officers carry their handguns in a visible holster, some officers such as plainclothes detectives or undercover agents carry weapons in concealed holsters. In some countries and jurisdictions, civilians are legally required to obtain a concealed carry permit in order to possess and carry a firearm. In others, a CCW permit is only required if the firearm is not visible to the eye, such as carrying said weapon in one's purse, bag, trunk, etc. By country Brazil Concealed carry in Brazil is generally illegal, with special carry permits granted to police officers allowing them to carry firearms off duty, and in othe ...
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Second Amendment To The United States Constitution
The Second Amendment (Amendment II) to the United States Constitution protects the Right to keep and bear arms in the United States, right to keep and bear arms. It was ratified on December 15, 1791, along with nine other articles of the United States Bill of Rights, Bill of Rights. In ''District of Columbia v. Heller'' (2008), the Supreme Court of the United States, Supreme Court affirmed for the first time that the right belongs to individuals, for self-defense in the home, while also including, as ''dicta'', that the right is not unlimited and does not preclude the existence of certain long-standing prohibitions such as those forbidding "the possession of firearms by felons and the mentally ill" or restrictions on "the carrying of dangerous and unusual weapons". In ''McDonald v. City of Chicago'' (2010) the Supreme Court ruled that State governments of the United States, state and Local government in the United States, local governments are Incorporation of the Bill of Rig ...
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Woollard V
Woollard is a small village on the River Chew in the affluent Chew Valley in England. It is in the Bath and North East Somerset council area and the ceremonial county of Somerset. The village is from Bristol, from Bath, and from Keynsham. The special architectural and historic interest of Woollard was recognised by its designation as a Conservation Area on 25 July 1990. History Woollard had a medieval bridge with three pointed arches and double arch-ribs. This was rebuilt following the substantial damage caused by the floods of 1968. It is close to the route of the ancient Wansdyke, and lies on the Monarch's Way long-distance footpath. Woollard is also a traditional surname, having relations in the farming land of Saffron Walden and Suffolk. Government and politics Woollard is partly in the civil parish of Compton Dando and partly in the civil parish of Publow. It is part of the Farmborough Ward, which is represented by one councillor on the Bath and North East Some ...
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Moore V
Moore may refer to: People * Moore (surname) ** List of people with surname Moore * Moore Crosthwaite (1907–1989), a British diplomat and ambassador * Moore Disney (1765–1846), a senior officer in the British Army * Moore Powell (died c. 1573), a Welsh politician * Gordon Moore, (1929-), co-founder of Intel, coined the term "Moore's Law" Places Australia *Moore, Queensland, a town in the Somerset Region *Division of Moore, an electoral division in Western Australia Greenland *Moore Glacier United Kingdom *Moore, Cheshire, England United States * Moore, Idaho *Moore, Indiana * Moore, Montana * Moore, New Jersey *Moore, Oklahoma *Moore Township, Pennsylvania *Moore, South Carolina *Moore, Texas *Moore, Utah *Moore, Washington * Moore, West Virginia *Moore County, North Carolina *Moore County, Tennessee *Moore County, Texas *Moore Haven, Florida * Banning, California, formerly known as Moore City Schools Australia * Moore Theological College, Sydney, Australia Uni ...
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McDonald V
Macdonald, MacDonald or McDonald may refer to: Organisations * McDonald's, a chain of fast food restaurants * McDonald & Co., a former investment firm * MacDonald Motorsports, a NASCAR team * Macdonald Realty, a Canadian real estate brokerage firm * McDonald Centre, a research institute in the University of Oxford Places Canada * Macdonald, Manitoba, a rural municipality * Macdonald (electoral district), a federal electoral district in Manitoba United States * McDonald, Kansas * McDonald, Missouri * McDonald, New Mexico * McDonald, North Carolina * McDonald, Ohio * McDonald, Pennsylvania, a borough straddling the boundary between Washington and Allegheny counties * McDonald Observatory, an astronomical observatory in Texas, United States * MacDonald, West Virginia Other places * Heard Island and McDonald Islands, Australian islands in the Southern Ocean * McDonald Beach, Antarctica * McDonald (crater), a lunar impact crater in the Mare Imbrium * Macdonald River (disambigu ...
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Selective Incorporation
In United States constitutional law, incorporation is the doctrine by which portions of the Bill of Rights have been made applicable to the states. When the Bill of Rights was ratified, the courts held that its protections extended only to the actions of the federal government and that the Bill of Rights did not place limitations on the authority of the state and local governments. However, the post–Civil War era, beginning in 1865 with the Thirteenth Amendment, which declared the abolition of slavery, gave rise to the incorporation of other amendments, applying more rights to the states and people over time. Gradually, various portions of the Bill of Rights have been held to be applicable to the state and local governments by incorporation through the Fourteenth Amendment in 1868 and the Fifteenth Amendment in 1870. Prior to the ratification of the Fourteenth Amendment and the development of the incorporation doctrine, the Supreme Court in 1833 held in '' Barron v. Balt ...
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Misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions (also known as minor, petty, or summary offences) and regulatory offences. Typically, misdemeanors are punished with monetary fines or community service. Distinction between felonies and misdemeanors A misdemeanor is considered a crime of lesser seriousness, and a felony one of greater seriousness. The maximum punishment for a misdemeanor is less than that for a felony under the principle that the punishment should fit the crime. One standard for measurement is the degree to which a crime affects others or society. Measurements of the degree of seriousness of a crime have been developed. In the United States, the federal government generally considers a crime punishable with incarceration for not more than one ...
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Felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon. Some common law countries and jurisdictions no longer classify crimes as felonies or misdemeanors and instead use other distinctions, such as by classifying serious crimes as indictable offences and less serious crimes as summary offences. In the United States, where the felony/misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by e ...
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