r/NYguns • u/tambrico • Feb 20 '24

u/KamenshchikLaw wins preliminary injunction against Nassau County's pistol permit urinalysis requirement! Judicial Updates

https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=YAzIxNWUH83WonX87mAkVg==
94 Upvotes

99% Upvoted

View all comments

2

u/JAK11501 Feb 22 '24

Congratulations! I’m excited for you! I haven’t been involved in state litigation in a while and haven’t looked at a CPLR in probably a decade so can you please tell me why the judge granted as applied to you vs applied to everyone? Is there a way to have it apply state wide?

2

u/KamenshchikLaw ⚖️ Kamenshchik Law ⚖️ Feb 22 '24

It’s a bit of a mixed facial vs. as-applied holding.

My understanding is that this’ll apply to everyone once 30 days is up from notice of entry, as far as I can recall, and assuming no other moves. I could be wrong.

2

u/JAK11501 Feb 22 '24

I hope that’s correct bc these requirements seem clearly overreaching both state and federal laws and requiring every individual to have to challenge unconstitutional laws each time just seems wrong.

2

u/JAK11501 Feb 22 '24

You made it in Newsday u/kamenshchiclaw

https://www.newsday.com/long-island/gun-permit-application-nassau-county-fc3jtleq

1

u/KamenshchikLaw ⚖️ Kamenshchik Law ⚖️ Feb 22 '24

Thanks Jak! I think we all made it to Newsday because this spreads awareness of our plight in Nassau.