Summit_Ace
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A friend of the family just filed a lawsuit against the state of Louisiana challenging the constitutionality of Louisiana concealed handgun permit. This person is a retired attorney who in his retirement has focused his attention on changing gun laws. At this time he has another case pending in the state of NY and is planning on taking it all the way to the supreme court if necessary. He has other attorneys assisting him, one of witch I believe is an attorney for the organization Jews For The Preservation Of Firearms Ownership.
This is a six page document and the actual copy of the one that was filed with the court.
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
ALFRED G. OSTERWEIL
Plaintiff Civil Action No,:
COMPLAINT
VERSUS
COLONEL MICHAEL D. EDMONSON, Judge
SUPERINTENDENT- LOUISIANA STATE POLICE,
BOBBY JINDAL, GOVERNOR OF LOUISIANA Mag. Judge
AND JAMES D. CALDWELL, LOUISIANA
ATTORNEY GENERAL
Defendants
Plaintiff, Alfred G. Osterweil, by way of complaint against the Defendants, says:
INTRODUCTION
1. This action concerns the State of Louisiana's unlawful enactrment and enforcement of L.R.S. 40:1379.3, 1382, and the corresponding administrative regulations contained in LAC 55:I:301 et seq. The aforementioned statutes and regulations purport to regulate, control and limit the right of individuals to carry a weaon under a garment and further seek to require payment of fees to the State of Louisiana for the right to do so.
2. Additionally, the schedule of fees distinguishes between Louisiana citizens who have resided within the state for less than 15 years, requiring said residents to pay a fee which is greater than for a resident who has resided within the state for 15 years or longer.
3. Fees for renewals every 2 or 4 years are required by the State, and in its own literature, the State acknowledges that the process to obtain the requisite permission to carry a handgun under one's garments is 120 business days.
JURISDICTION AND VENUE
4. This is a civil action seeking relief and/or damages to defend and protect the rights guaranteed by the Constitution of the United States and the Constitution of the State of Louisiana.. This action is brought pursuant to 42 USC 1983. The Court has jurisdiction over this action pursuant to 28 USC 1331,1343 (3) and (4) and 2201. Supplemental jurisdiction exists pursuant to 28 USC 1367. Venue exists pursuant to 28 USC 1391.
PARTIES
5. Plaintiff, Alfred G. Osterweil, a domiciliary of the State of Louisiana, is an army veteran and a retired member of the bar, being admitted to practice law in New Jersey, the District of Columbia, the U. S. District Court for the District of New Jersey, The Third Circuit Court of Appeals and the U. S. Supreme Court. Plaintiff resides in an unincorporated area in Sabine Parish with a mailing address of 197 Lawson Lane, Many, Louisiana 71449.
6. Defendant, Colonel Michael D. Edmonson, is the Superintendent of the Louisiana State Police and oversees the Concealed Handgun Permit Unit of the State of Louisiana. On information and belief he has agents, servants and employees within Sabine Parish.
7. Bobby Jindal is Governor of the State of Louisiana and the Chief Executive Officer of the State of Louisiana. On information and belief he has agents, servants and employees within Sabine Parish.
8. James D. Caldwell is the Attorney General of the State of Louisiana and its Chief Law Enforcement Officer. On information and belief he has agents, servants and employees within Sabine Parish.
FACTS
9. In the State of Louisiana, any citizen of the State may carry a handgun which is visible and not concealed without any license, permit, submission of a photograph, fingerprinting, fees, training or other impediments or prerequisites.
10. The Louisiana Constitution in Artcle I, Section 11 states: “The right of each citizen to keep and bear arms shall not be abridged, but this provision shall not prevent the passage of laws to prohibit the carrying of weapons concealed on the person.”
11. Article I, Section 2 of the Louisiana Constitution states: “No person shall be deprived of life, liberty, or property except by due process of law.”
12. Article I, Section 3 of the Louisiana Constitution states, in part: “No person shall be denied equal protection of the laws...”
13. Article I, Section 5, of the Louisiana Constitution states, in part: “Every person shall be secure in his person, property, communications, houses, papers, and effects against unreasonable searches, seizures, or invasions of privacy.”
14. Article I, Section 24, of the Louisiana Constitution states: “ The enumeration in this constitution of certain rights shall not deny or disparage other rights retained by the individual citizens of the state.”
15. The Second Amendment to the United States Constitution states: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.”
16. The Fourteenth Amendment to the United States Constitution states, in part: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
17. Plaintiff initially filed for a concealed carry permit by paying for and providing a passport type photograph, submitting to fingerprinting, completing an application form and by enclosing a $50.00 money order payable to the State Police. The fee to Plaintiff was half the fee charged to others who are less in age.
18. Also required by the State was an indemnification and hold harmless agreement whereby each applicant holds the State harmless for any and all claims arising out the the issuance of the permit. Further, the applicant is required to submit a notarized “Authorization For Release Of Medical And Personal Information”
19. Plaintiff did not enclose, with the materials noted above, an additional fee of $50.00 which the State says must be paid by all applicants who have resided in Louisiana for fewer than 15 years. Plaintiff has not resided within the state for 15 years.
20. R.S.40: 1379.3 et seq. sets forth all of the components for issuance of a concealed carry permit. Addditionally, it states that “Anyone who carries and conceals a handgun in violation of any provision of this Section...shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or more.”
21. Although Plaintiff has not yet been refused a concealed carry permit, Plaintiff believes that the totality of the Louisiana concealed carry provisions violate his rights under the Constitutions of the United States and Louisiana, and he has filed the within complaint to vindicate his position.
CAUSES OF ACTION
FIRST CAUSE OF ACTION
22. Plaintiff repeats the allegations of Paragraphs 1 through 21 as though they were set forth fully and at length herein.
23. The Second Amendment, made applicable to the states through selective incorporation by the Fourteenth Amendment, guarantees the right of Plaintiff to bear arms on his person which includes the concealed carrying of handguns.
24. The totality of the statutory and administrative barriers to plaintiff's right to carry a weapon on his person represents infringements of his rights as aforesaid well as his rights under Sections 11 and 24 of Article I of the Louisiana Constitution.
SECOND CAUSE OF ACTION.
25. Plaintiff repeats the allegations of Paragraphs 1 through 24 as though they were set forth fully and at length herein.
26. Those portions of the concealed carry process in question which require Plaintiff to purchase a passport type photograph and pay a fee initially and thereafter for renewals of a concealed carry permit are unconstitutional because government is prohibited from requiring payment from citizens when they seek to enforce their guaranteed rights.
27. These elements represent infringments on plaintiff's Second Amendment rights and his rights under Sections 11 and 24 of Article I of the Louisiana Constitution.
THIRD CAUSE OF ACTION
28. Plaintiff repeats the allegations of Paragraphs 1 through 27 as though they were set forth fully and at length herein.
29. That portion of the concealed carry process in question which imposes a greater fee requirement on plaintiff than others because he has not resided in Louisiana for 15 years violates his rights under the equal protection clause, the priveileges and immunities clause and the due proces clause of the Fourteenth Amendment as as well as his rights under Sections 2 and 3 of Article I of the Louisiana Constitution.
FOURTH CAUSE OF ACTION
30. Plaintiff repeats the allegations of Paragraphs 1 through 29 as though they were set forth fully and at length herein.
31. That portion of the concealed carry process in question which requires Plaintiff to execute a notarized Authorization for Release of Medical and Personal Information represents a violation of Plaintiff's right to privacy under he numerous consitutional references cited by the United States Supreme Court as establishing his right of privacy, an infringement on his Second Amendment rights, his rights under the Fourteenth Amendment and his rights under Sections 5, 24 and 11 of the Louisiana Constitution.
FIFTH CAUSE OF ACTION
32. Plaintiff repeats the allegations of Paragraphs 1 through 31 as though they were set forth fully and at length herein.
33. The State's mandatory indemnification and hold harmless agreement requires the applicant to ''agree to indemnify and hold harmless the state of Louisiana....against any and all liability, claims, actions, fines or losses of any kind or nature, including costs and attorney's fees, in any way arising out of, connected with or related to the issuance or use of my Louisiana Concealed Handgun Permit.”
34. The above mandatory agreement subjects the applicant to potential monetary damages even though he may be totally innocent of any wrongdoing or negligence, and as such, represents a violation of Plaintiff's rights under the Second Amendment, the Fourteenth Amendment, and Sections 2, 3, 11, 19 and 24 of Article I of the Louisiana Constitution.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief:
1. Issue preliminary and permanent injunctions against the Defendants from enforcing any part of the State's statutory and related regulatory system for the issuance of concealed handgun permits.
2. Issue a declaratory judgment that the entire Louisiana statutory and related regulatory system for the issuance of concealed gun permits is null and void because it violates the Second Amendment and the Fourteenth Amendment of the United States Constitution.
3. Using its Supplemental Jurisdiction, issue a declaratory judgment that the Louisiana statutory and related regulatory system for the issuance of concealed handgun permits is null and void because it violates Sections 2, 3, 5, 11 and 24 of Article I of the Louisiana Constitution.
4. Award fees and costs.
5. Such other relief as the Court may deem proper.
RESPECTFULLY SUBMITTED,
A friend of the family just filed a lawsuit against the state of Louisiana challenging the constitutionality of Louisiana concealed handgun permit. This person is a retired attorney who in his retirement has focused his attention on changing gun laws. At this time he has another case pending in the state of NY and is planning on taking it all the way to the supreme court if necessary. He has other attorneys assisting him, one of witch I believe is an attorney for the organization Jews For The Preservation Of Firearms Ownership.
This is a six page document and the actual copy of the one that was filed with the court.
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
ALFRED G. OSTERWEIL
Plaintiff Civil Action No,:
COMPLAINT
VERSUS
COLONEL MICHAEL D. EDMONSON, Judge
SUPERINTENDENT- LOUISIANA STATE POLICE,
BOBBY JINDAL, GOVERNOR OF LOUISIANA Mag. Judge
AND JAMES D. CALDWELL, LOUISIANA
ATTORNEY GENERAL
Defendants
Plaintiff, Alfred G. Osterweil, by way of complaint against the Defendants, says:
INTRODUCTION
1. This action concerns the State of Louisiana's unlawful enactrment and enforcement of L.R.S. 40:1379.3, 1382, and the corresponding administrative regulations contained in LAC 55:I:301 et seq. The aforementioned statutes and regulations purport to regulate, control and limit the right of individuals to carry a weaon under a garment and further seek to require payment of fees to the State of Louisiana for the right to do so.
2. Additionally, the schedule of fees distinguishes between Louisiana citizens who have resided within the state for less than 15 years, requiring said residents to pay a fee which is greater than for a resident who has resided within the state for 15 years or longer.
3. Fees for renewals every 2 or 4 years are required by the State, and in its own literature, the State acknowledges that the process to obtain the requisite permission to carry a handgun under one's garments is 120 business days.
JURISDICTION AND VENUE
4. This is a civil action seeking relief and/or damages to defend and protect the rights guaranteed by the Constitution of the United States and the Constitution of the State of Louisiana.. This action is brought pursuant to 42 USC 1983. The Court has jurisdiction over this action pursuant to 28 USC 1331,1343 (3) and (4) and 2201. Supplemental jurisdiction exists pursuant to 28 USC 1367. Venue exists pursuant to 28 USC 1391.
PARTIES
5. Plaintiff, Alfred G. Osterweil, a domiciliary of the State of Louisiana, is an army veteran and a retired member of the bar, being admitted to practice law in New Jersey, the District of Columbia, the U. S. District Court for the District of New Jersey, The Third Circuit Court of Appeals and the U. S. Supreme Court. Plaintiff resides in an unincorporated area in Sabine Parish with a mailing address of 197 Lawson Lane, Many, Louisiana 71449.
6. Defendant, Colonel Michael D. Edmonson, is the Superintendent of the Louisiana State Police and oversees the Concealed Handgun Permit Unit of the State of Louisiana. On information and belief he has agents, servants and employees within Sabine Parish.
7. Bobby Jindal is Governor of the State of Louisiana and the Chief Executive Officer of the State of Louisiana. On information and belief he has agents, servants and employees within Sabine Parish.
8. James D. Caldwell is the Attorney General of the State of Louisiana and its Chief Law Enforcement Officer. On information and belief he has agents, servants and employees within Sabine Parish.
FACTS
9. In the State of Louisiana, any citizen of the State may carry a handgun which is visible and not concealed without any license, permit, submission of a photograph, fingerprinting, fees, training or other impediments or prerequisites.
10. The Louisiana Constitution in Artcle I, Section 11 states: “The right of each citizen to keep and bear arms shall not be abridged, but this provision shall not prevent the passage of laws to prohibit the carrying of weapons concealed on the person.”
11. Article I, Section 2 of the Louisiana Constitution states: “No person shall be deprived of life, liberty, or property except by due process of law.”
12. Article I, Section 3 of the Louisiana Constitution states, in part: “No person shall be denied equal protection of the laws...”
13. Article I, Section 5, of the Louisiana Constitution states, in part: “Every person shall be secure in his person, property, communications, houses, papers, and effects against unreasonable searches, seizures, or invasions of privacy.”
14. Article I, Section 24, of the Louisiana Constitution states: “ The enumeration in this constitution of certain rights shall not deny or disparage other rights retained by the individual citizens of the state.”
15. The Second Amendment to the United States Constitution states: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.”
16. The Fourteenth Amendment to the United States Constitution states, in part: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
17. Plaintiff initially filed for a concealed carry permit by paying for and providing a passport type photograph, submitting to fingerprinting, completing an application form and by enclosing a $50.00 money order payable to the State Police. The fee to Plaintiff was half the fee charged to others who are less in age.
18. Also required by the State was an indemnification and hold harmless agreement whereby each applicant holds the State harmless for any and all claims arising out the the issuance of the permit. Further, the applicant is required to submit a notarized “Authorization For Release Of Medical And Personal Information”
19. Plaintiff did not enclose, with the materials noted above, an additional fee of $50.00 which the State says must be paid by all applicants who have resided in Louisiana for fewer than 15 years. Plaintiff has not resided within the state for 15 years.
20. R.S.40: 1379.3 et seq. sets forth all of the components for issuance of a concealed carry permit. Addditionally, it states that “Anyone who carries and conceals a handgun in violation of any provision of this Section...shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or more.”
21. Although Plaintiff has not yet been refused a concealed carry permit, Plaintiff believes that the totality of the Louisiana concealed carry provisions violate his rights under the Constitutions of the United States and Louisiana, and he has filed the within complaint to vindicate his position.
CAUSES OF ACTION
FIRST CAUSE OF ACTION
22. Plaintiff repeats the allegations of Paragraphs 1 through 21 as though they were set forth fully and at length herein.
23. The Second Amendment, made applicable to the states through selective incorporation by the Fourteenth Amendment, guarantees the right of Plaintiff to bear arms on his person which includes the concealed carrying of handguns.
24. The totality of the statutory and administrative barriers to plaintiff's right to carry a weapon on his person represents infringements of his rights as aforesaid well as his rights under Sections 11 and 24 of Article I of the Louisiana Constitution.
SECOND CAUSE OF ACTION.
25. Plaintiff repeats the allegations of Paragraphs 1 through 24 as though they were set forth fully and at length herein.
26. Those portions of the concealed carry process in question which require Plaintiff to purchase a passport type photograph and pay a fee initially and thereafter for renewals of a concealed carry permit are unconstitutional because government is prohibited from requiring payment from citizens when they seek to enforce their guaranteed rights.
27. These elements represent infringments on plaintiff's Second Amendment rights and his rights under Sections 11 and 24 of Article I of the Louisiana Constitution.
THIRD CAUSE OF ACTION
28. Plaintiff repeats the allegations of Paragraphs 1 through 27 as though they were set forth fully and at length herein.
29. That portion of the concealed carry process in question which imposes a greater fee requirement on plaintiff than others because he has not resided in Louisiana for 15 years violates his rights under the equal protection clause, the priveileges and immunities clause and the due proces clause of the Fourteenth Amendment as as well as his rights under Sections 2 and 3 of Article I of the Louisiana Constitution.
FOURTH CAUSE OF ACTION
30. Plaintiff repeats the allegations of Paragraphs 1 through 29 as though they were set forth fully and at length herein.
31. That portion of the concealed carry process in question which requires Plaintiff to execute a notarized Authorization for Release of Medical and Personal Information represents a violation of Plaintiff's right to privacy under he numerous consitutional references cited by the United States Supreme Court as establishing his right of privacy, an infringement on his Second Amendment rights, his rights under the Fourteenth Amendment and his rights under Sections 5, 24 and 11 of the Louisiana Constitution.
FIFTH CAUSE OF ACTION
32. Plaintiff repeats the allegations of Paragraphs 1 through 31 as though they were set forth fully and at length herein.
33. The State's mandatory indemnification and hold harmless agreement requires the applicant to ''agree to indemnify and hold harmless the state of Louisiana....against any and all liability, claims, actions, fines or losses of any kind or nature, including costs and attorney's fees, in any way arising out of, connected with or related to the issuance or use of my Louisiana Concealed Handgun Permit.”
34. The above mandatory agreement subjects the applicant to potential monetary damages even though he may be totally innocent of any wrongdoing or negligence, and as such, represents a violation of Plaintiff's rights under the Second Amendment, the Fourteenth Amendment, and Sections 2, 3, 11, 19 and 24 of Article I of the Louisiana Constitution.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief:
1. Issue preliminary and permanent injunctions against the Defendants from enforcing any part of the State's statutory and related regulatory system for the issuance of concealed handgun permits.
2. Issue a declaratory judgment that the entire Louisiana statutory and related regulatory system for the issuance of concealed gun permits is null and void because it violates the Second Amendment and the Fourteenth Amendment of the United States Constitution.
3. Using its Supplemental Jurisdiction, issue a declaratory judgment that the Louisiana statutory and related regulatory system for the issuance of concealed handgun permits is null and void because it violates Sections 2, 3, 5, 11 and 24 of Article I of the Louisiana Constitution.
4. Award fees and costs.
5. Such other relief as the Court may deem proper.
RESPECTFULLY SUBMITTED,
