Fighting for Rights Nationwide
Ehline Law Firm attorney Alan Beck fought alongside Stephen Stamboulieh of the Firearms Policy Coalition on a major court case in New York. The right to self-defense suit was filed by Middleburgh Mayor Matthew Avitabile, who desires to own a taser for personal use. New York is one of three states that ban the possession of such a device. The case is off to a strong start.
Beck is a Marine Corps veteran who took the lead on a number of other Second Amendment causes. He and Stamboulieh fought similar cases in New Jersey and Hawaii. The court case’s first hearing took place on March 24th took place in United States District Court for the Northern District of New York before Judge David Hurd. The hearing in Utica involved both the Plaintiffs as well as the New York State Attorney General’s office.
At the preliminary injunction hearing, Beck presented a number of cases of court precedent regarding an individual’s right to bear arms. Surprisingly, the State of New York declined to fight the motion on procedural grounds, instead insisting that its ban is constitutional. Following the Caetano v. Massachusetts decision last year, that position appears increasingly tenuous. New York sought a motion to dismiss.
Hurd adjourned the court for further review. His law clerk expects an initial ruling in the next several weeks.
This case has implications beyond the individual’s right to own a taser. The suit may strike down New York’s current law as a violation of citizens to defend themselves in a lawful manner. More information is expected. We will report on it as it does. Our firm stands for your rights to self-defense and to bear arms. The Ehline Law Firm Personal Injury Attorneys, APLC keeps our readers informed.