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Should judges no longer handle pistol permits?
Posted: 08.06.2010 at 4:48 PM
Updated: 08.06.2010 at 6:40 PM
Jim Kenyon

Jim Kenyon is the Chief Investigative Reporter for CNY Central.

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A Cato man says he is fighting for his constitutional rights to keep and bear arms following a landmark Supreme Court ruling.

Last May, the U.S.Supreme Court affirmed the right of the individual to keep and bear arms under the 2nd amendment. The ruling could force many States and municipalities to re-examine laws restricting gun ownership. Alec Wieczorek hopes New York State will do just that. For 9 years he's been in a losing battle with Cayuga County to get back his pistol permit.

"I believe it's my right, my 2nd amendment right to have my guns be able to bear them." Wieczorek told CNY Central's Jim Kenyon.

The records show former Cayuga County Court Judge Peter Corning revoked Wieczorek's pistol permit in 2001 after a woman accused him of pointing a gun at her during an argument. Wieczorek says the menacing charge against him was false. Even though the charge was dismissed and the records sealed by a Lansing Town Court Justice, Judge Corning refused to reinstate his pistol permit. Two months ago Judge Thomas Leone also refused to reinstate Wieczorek's permit saying Corning had "adequate grounds."

"I still feel as though it's my 2nd amendment right to take and keep and bear arms." Wieczorek said, "I've never done anything illegal. I have no criminal record whatsoever."

The Supreme Court ruling dealt a setback to gun control advocates like Dr. Richard Weiskopf. As a member of New Yorkers Against Gun Violence, Weiskopf says the high court ruling doesn't open the door for anyone to acquire a handgun. "The opinion of the Supreme Court said there was room for state and local restrictions and common sense laws that could restrict gun ownership."

Wieczorek says if New York rewrites its gun laws to comply with the Supreme Court, power over pistol permits should be taken out of the hands of judges. "They see a lot of criminals all the time and I think that makes them very bias." he said.

But Weiskopf feels judges are the very ones who should be making such decisions. "Individual cases have to be decided on an individual basis." Weiskopf claims.

Both Wieczorek and Weiskopf agree on one thing, both see a need for uniform gun laws nationwide. What may be perfectly legal in one state could land you in jail in another.

For contrasing views on the Supreme Court Decision go to these sites: National Rifle Association,  New York State Rifle and Pistol Association,  Brady Campaign Against Gun Violence 

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