Gazzola by Tom Reynolds
Last week, SCOPE wrote about a hearing scheduled on Thursday the 1stof December on the Gazzola v Hochullawsuit. S.C.O.P.E. Shooters Committee On Political Education - Gazzola v Hochul Lawsuit (scopeny2a.org) This is the lawsuit over Hochul’s crushing, unconstitutional laws aimed at driving Federal Firearm Licensees (FFL’s) out of business. On Friday, the judge deniedthe lawsuit’s request for an injunction to stop the laws from going into effect.
As yet, we have only seen the following announcement and not the written decision.
After carefully considering all of the parties' submissions in connection with  Plaintiffs' motion for a temporary restraining order and/or a preliminary injunction, as well as the oral argument presented at the hearing yesterday, the Court DENIES Plaintiffs'  motion, and will not issue a temporary restraining order or a preliminary injunction. A written decision will follow shortly. SO ORDERED by Chief Judge Brenda K. Sannes on 12/2/2022.
This decision does not stop the lawsuit from going forward but does stop an injunction from temporarily halting its enforcement.
Judge Brenda K. Sannes, the Chief U.S. District Judge, was an Obama appointment in 2014. (She is one of the results of gun owners who don’t vote.)
In the lawsuit, the FFL’s asserted, “Many of the new laws will financially burden the Plaintiffs to a point that they will be forced out of business, potentially as early as December 5, 2022, if no immediate relief is had from the Court.”
Today is December 5th. FFL’s that have not complied with the law and open their doors today will be in legal jeopardy. Hopefully, local law enforcement agencies will not enforce the law.
On July 19th, SCOPE wrote an Email about the effect of these new laws regarding FFL’s. The following is from that e mail.
Drive retailers out of business so fewer legal places exists to buy a firearm in NY while driving up prices in gun stores that remain open:
“…firearms, rifles and shotguns shall be secured, other than during business hours, in a locked fireproof safe or vault on the dealer's business premises or in a secured and locked area on the dealer's business premises.”
The dealer must remove dozens of firearms from display and store them in some secure area every night and then put them back on display in the morning. (Will this encourage retailers to stay open 24/7/365 as a cheaper alternative?)
“…ammunition shall be stored separately from firearms, rifles and shotguns and out of reach of customers.”
Another separate nightly secured storage area for ammo? During store hours, add another clerk to wait on customers who formerly waited on themselves.
“The dealer's business premises shall be secured by a security alarm system that is installed and maintained by a security alarm operator properly licensed pursuant to article six-D of this chapter.”
Add several thousand per year extra costs for this but…a windfall profit for security system operators. (Is it possible there was some greasing-of-palms to get this included? Nah. Never in New York. [Sarcasm intended again.])
And after the firearms dealers invest thousands to meet these requirements, NYS will now start inspecting their paperwork along with BATFE. Dealers can lose their license over a minor paperwork error or a clerk’s unintended mistake. Thousands of dollars and a business at risk over a minor paperwork error.
“The Gun Writer” reports that in the years before the Biden-Harris administration took over the White House, the ATF usually revoked an average of 40 Federal Firearm Licenses per year. But, in the 18 months since Joe Biden declared war on “rogue gun dealers,” the ATF has revoked 273 FFLs.