New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-09-12
PISTOL LAW UNDER FIRE
Unconstitutional, Declares Pawn
brokers' Counsel in Court.
FIRST TEST CASE IS HEARD
Decision Reserved Meanwhile
Man Who Fired Revolver in
Street Is Discharged.

The first legal attack on the new Sull-
van law relating 10 the carrying and pos
session OF weapons was made yesterday IN
the Supreme Court. where Ivan Prince
pawnbroker. was before Justice Gavegan
on a writ OF habeas corpus. Prince was
arrested for having five pistols displayed
in his shop window. and he wanted 10 be
discharged from custody because. he main
tanned, the new law was unconstitutional
The proceeding was really in the nature
OF test case brought by the Pawn
brokers Association. The Sullivan law
compels all persons selling firearms 10 keep
a record of all such sales and restricts
them in the selling to only those who pre-
sent permits to carry arms. Robert :.
tombstone. Assistant District Attorney
argued i'm favor of the law. saying that II
was entirely within the constitution OF the
state. Michael J. Sweeney, counsel FOR the
Pawnbrokers Association. who appeared
for Prince said that the law was contrary
10 the state constitution in that 1t placed
penalty on persons who carried revolver
legally obtained the new act being ex post
facto in this respect. Mr.. tombstone inter
rupted 10 say that it was not the mere
possession that made such person
amenable 20 the law; II was his failure 10
get license 10 have IT,
MI Sweeney argued further that the law
was unconstitutional in that Al prevented
the carving out OF a legal contract He
said that pawnbrokers would be liable for
having in their possession weapons left
with them as pledges. He held that the
law intended 10 penalize the private pos
session Of firearms. but did not mean 10
require pawnbrokers 10 be licensed
Justice Gavegan reserved decision. pa
rolling Prince in the custody Of his counsel
until he decides the case.
Magistrate Butts. in the Morrisania court,
discharged from custody yesterday Emilio
Tfgantaro. Of No 2l3 LIST street. Brooklyn
who was arrested on Friday night under
the Sullivan law for discharginS a re-
volver in the street. In dismissing the
complaint against Tigantaro the magistrate
said:
In constituting an act Of the Legislature
the courts must. Ii possible, uphold us va
lidity and declare the legisl alive intent a.
gathered from the act itself. But courts
must do more When q legislative act is
assailed and it's language is vague amblsu-
Gus or seemingly destructive OF estaphshtd
principles Of Justice courts must ascertain
the existing evil such act purposed TO rem
edy the particular necessity for the enact
ment OF the law. and then. II possible, de-
clare its true intent and purpose.
In doing so the courts must also eve
such act reasonable CONSTRUCTION not
forced. unnatural or ridiculous cohstuc-
ton. which might tend 10 bring contempt
on the administration of Justice. ,-,
II is my opinion that the object desired
TO he accomplished by the Legislature in
passing the act under consideration was 10
discourage and. if possible, prevent the car
rying Of cOncea led weapons ny eNll as
posed. vicious persons and minors under
the age Of sixteen years: also 70 compel
persons who habitualy carry reviewers 10
obtain "a license 10 carry the same. but
the act was never intended in my opinion.
10 subject . person 10 prosecution 10Y a
crime who not habitually carrying a re-
volver provided himself with one IN an
emergency TO protect his person from a
felonious assault or VINO possessed an. ana
carried A weapon TO be used under rea-
scnable suspicion that his home was 10 be
invaded in the night by burglars.
The law under consideration can ne sus-
tanned and ought 70 be sustained, II rea-
sonably construed. The right OF self-de-
fence IS an inherited right of man older
than the statutes or Constitution. Any
construction Of this law which enforces
its strict letter will. I'm my opinion, Jeopar-
die it's usefulness and render II liable 70
he declared void as against public policy,
If not unconstitutional
Tisantaro told the magistrate that he
was attacked Friday night by twenty-five
Young men. whom he dispersed after much
difficulty. They appeared again. however.
he added. and he said he fred four shots
10 attract attention.
Vincenzo BaCarozza. an alien, Of No. iA
Thompson street. was held without bail
Yesterday by Magistrate McQuade. in JEFF
ferson Market court. on a charge OF car
rying concealed weapons. The complain
ant was Theresa de Melica. Of No. % Sui
Ivan street who told the court that the
prisoner had threatened her with rod.
which. the police say, was found in his
pocket when he was arrested.