Sunday, January 2, 2011

We Have a Win

We finally got some good news in New York, we won the case in Chwick v Mulvey.
Nassau County baned guns that were "deceptively colored". The State Supreme Court determined that the law was preempted by state law and therefore was nullified. In New York we have something called the doctrine of conflict preemption. This is a creation of the courts to allow state law to trump local laws if it looks to the court like the state intended to have power over that area or subject.

Yes, this can be as clear as mud. Welcome to New York!

The whole decision can be read here.

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