SAF SUES CORTLAND HOUSING AUTHORITY OVER 2A VIOLATIONS

BELLEVUE, WA – The Second Modification Basis has filed a federal lawsuit in opposition to the Cortland, N.Y.  Housing Authority, alleging Second Modification violations by prohibiting tenants from possessing firearms on CHA premises.

Becoming a member of SAF are three personal residents—all CHA residents—Doug Merrin, Elmer Irwin and Robert Hunter. They’re represented by legal professional Edward A. Paltzik at Bochner Legislation in New York Metropolis. Defendants are the housing authority and CHA Government Director Ella M. Dilorio in her official capability.

The criticism was filed in U.S. District Courtroom for the Northern District of New York.

“The Supreme Courtroom made clear in Heller, the house is the place the necessity for protection of self, household, and property is most acute,” SAF Government Director Adam Kraut noticed. “We’ve been concerned in related circumstances and prevailed as a result of a ban on the possession of firearms in public housing is a flagrant violation of Second Modification rights. The general public housing authority’s refusal to change their lease settlement to comport with the necessities of the Structure demonstrates their disdain for low-income, aged residents with the ability to train their rights. SAF appears to be like ahead to vindicating their rights and forcing the housing authority to respect the Structure.

“This case is almost similar to at least one we dealt with a couple of years in the past in Illinois,” recalled SAF founder and Government Vice President Alan M. Gottlieb. “We obtained a everlasting injunction in opposition to the East St. Louis Housing Authority for a similar violation.”

SAF is looking for a short lived restraining order adopted by a preliminary and everlasting injunction, and a judgment by the court docket that this firearms ban is unconstitutional underneath the Second and Fourteenth amendments. The lawsuit can be looking for compensatory and/or punitive damages.

“The prohibition on firearms on CHA property is unconstitutional on its face,” Kraut stated. “We are going to pursue such circumstances after they come to our consideration.”