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Status of
Bach v. Pataki

This page last updated: October 26, 2003

Bach v. Pataki lost its bid for an honest Second Amendment ruling in New York's District Court system -- a highly predictable and fully expected outcome. United States District Judge Norman A. Mordue relied on a ruling that he says is precedent that the Second Amendment does not protect an individual right -- and he even went so far as to cite Judge Reinhardt's deeply flawed opinion in Silveira v. Lockyer in his Bach opinion. 

The Bach case is now ready for appeal to the Second Circuit -- and appeal directly to the United States Supreme Court. Below are links to each pleading/filing in the Bach case thus far, followed by an explanation of "what comes next."

Pleadings, from beginning to present:

Pleading/File (click links below to view)

Date

Original Complaint
("Plaintiff’s Application for Preliminary and Permanent Injunction, and Declaratory Relief")

Nov. 29, 2002

Support Brief
("Plaintiff’s Brief in Support of his Application for Preliminary and Permanent Injunction, and Declaratory Relief")

Nov. 29, 2002

Notice of Motion
("Notice of Motion and Motion for Preliminary and Permanent Injunction, and Declaratory Relief")
Nov. 29, 2002
Exhibit 1
(9-pages of statutory citations and references addressed in Complaint)
Nov. 29, 2002
Affidavit
(Affidavit of David D. Bach, filed with Complaint)
Nov. 29, 2002
Spitzer Summons
(Summons in a Civil Case of Honorable Eliot Spitzer, Office of the Attorney General, Albany, New York)
Executed: 
Nov. 29, 2002
Filed:
Dec. 4, 2002
Pataki Summons
(Summons in a Civil Case of Honorable George E. Pataki, Office of the Governor, Albany, New York)
Executed:
Dec. 2, 2002
Filed:
Dec. 4, 2002
Motion to Consolidate
("Plaintiff’s Motion to Advance and Consolidate the Trial on the Merits with the Hearing on the Preliminary Injunction")
Dec. 10, 2002
Brief Supporting Motion to Consolidate
("Plaintiff’s Brief in Support of his Motion to Advance and Consolidate the Trial on the Merits with the Hearing on the Preliminary Injunction")
Dec. 10, 2002
Notice of Motion to Consolidate
(Notice of "Plaintiff's Motion to Advance and Consolidate the Trial on the Merits with the Hearing on the Preliminary Injunction")
Dec. 10, 2002
State Legal Memorandum, Motion to Dismiss
("Memorandum of Law in Support of State Defendants' Cross-Motion to Dismiss the Complaint and in Opposition to Plaintiff's Motions for Preliminary Injunction and to Consolidate the Trial on the Merits with a Hearing on the Application for a Preliminary Injunction")
Jan. 22, 2003
Response to Motion to Dismiss
("Plaintiff’s Response in Opposition to State Defendants’ Memorandum of Law in Support of its Cross-Motion to Dismiss the Complaint; and Reply to the State Defendants’ Opposition to Plaintiff’s Application for a Preliminary and Permanent Injunction, and Declaratory Relief")
March 5, 2003
Decision and Order
(Anti-Second-Amendment rant by United States District Judge Norman A. Mordue)
Sept. 23, 2003
Notice of Appeal
(Plaintiff’s Notice of Motion to Appeal to the United States Court of Appeals for the Second Circuit)
Oct. 17, 2003

 

What Comes Next...

What comes next in the Bach case is very simple.

The Notice of Appeal, above, is already filed. But the Second Circuit, according to Judge Mordue, already has precedent saying the Second Amendment is not an individual right -- so relief is highly unlikely and more or less a waste of time, energy, money and political capital.

So as happens frequently in such cases -- the Lawrence case being a recent example -- the Second Circuit will be side-stepped, and the case petitioned directly to the Supreme Court for a hearing on the merits. Roy Lucas, who did much of the legal research and writing in the Silveira v. Lockyer Second Amendment lawsuit, is preparing the cert petition and brief to be submitted to the U.S. Supreme Court. The case is expected to be filed in the next couple of weeks.

 

Additional Information on Bach v. Pataki:

Overview of the Case
This includes a synopsis of the case, the objectives of the case, statements from the originator of the case and our relationship with him, and our commitment to the case.

Status of the Case
This includes each filing in the case to date and what comes next.

Bach in the News
This includes links to media reports about Bach v. Pataki.

Home Page
The official home page for Bach v. Pataki is http://KeepAndBearArms.com/Bach. That home page is permanent and will remain in place until we are victorious or until we are denied our rightful day in court to legitimately address our grievances.

 QUOTES TO REMEMBER
Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of. Notwithstanding the military establishments in the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms. — James Madison, The Federalist Papers, No. 46

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