“ABOVE THE INTERESTS OF SOCIETY”
by Montgomery Blair Sibley, ©2019, blogging at Amo Probos
(Jul. 25, 2019) — Once again, I find myself called to file a lawsuit. This time regarding the scope of the Fundamental and Second Amendment rights of resistance and self-preservation in the Home vs. the State of New York’s attempt to circumscribe those rights by banning ownership of handguns. I would rather not be so called as lawsuits are harder to get out of than marriages. But this one I can not walk away from and here is why:
Young George Washington’s first military and diplomatic venture came in the Fall and Winter 1753 – 1754 through Western Pennsylvania. He was accompanied by my Fifth Great Grandfather, Christopher Gist (1706 – 1759)*. Martin J. O’Brien of the Harmony Museum, recounts the story:
At one point, Washington and his traveling companion, Christopher Gist, had a mishap on the Connoquenessing Creek. They tried to take this raft across the Allegheny River, and Washington was controlling it with a pole, and didn’t do a very good job because he ended up being thrown into the river. And with all the wet wool clothes that they used to wear, it was very fortunate that he was able to be saved by Gist.
Washington was the catalyst of the Revolution, he was the leader of the Constitutional Convention, he held everything together throughout the Revolution and afterwards, when we formed our government. And I truly believe, had Washington been killed, that our nation’s history would be quite different and the history of the world, the modern world as we know it, would be quite different.
The way I look at it, I have little choice other than to jump in and assert the fundamental rights of resistance and self-preservation in my home than my great, great, great, great, grandfather Christopher Gist did to jump in the Connoquenessing Creek and save young George Washington from drowning: Indeed, less choice.
The background on this is:
- On July 18, 2018, I filed my State of New York Pistol/Revolver License Application (“Application”) with the Clerk of Steuben County. The Application was referred to Chauncey J. Watches, a New York Penal Law §265.00(10) Pistol/Revolver Licensing Officer for Steuben County, New York and, incidentally, a County Court Judge.
- On May 29, 2019 ‒ three hundred fifteen (315) days or 10 ½ months after I filed my Application ‒ Chauncey J. Watches sent me a letter denying to me a Pistol/Revolver License stating in pertinent part: (i) That he had reviewed my application and “the investigation submitted by the Steuben County Sheriff’s Department”; (ii) “The basis for the denial results from concerns about your being sufficiently responsible to possess and care for a pistol”; (iii) “[T]he Court is concerned that your history demonstrates that you place your own interest above the interests of society”.
- In response to my request for the factual basis of his decision, on June 25, 2019, Chauncey J. Watches wrote me stating that:“I have reviewed your requests for information and documents and find them to be without legal basis and therefore they are denied.”
My response: Sibley v. Watches, a federal lawsuit in the Western District of New York.
Read the rest here.