Mandatory Liability Insurance  by Tom Reynolds

The following is an email to members in March 2021, dealing with proposed laws to require gun owners to have liability insurance and why those laws are meaningless.  Since those laws are still being proposed, why bother writing it again, I’ll just send an updated version.  References to bills refer to bills in 2021.

 As SCOPE has stressed, the gun grabbers continue both direct and indirect threats to the 2nd Amendment.  They view anything that would potentially destroy 2A, as worth their efforts.  Currently in vogue is a push to require all gun owners to carry mandatory liability insurance. Gun grabbers want to make owning a gun unaffordable for many current and potential gun owners.  Bills have been introduced at both the federal and state level to make this mandatory for all gun owners.  For instance, HR127 would require all gun owners to buy an insurance policy with an $800 annual premium.  (It is unknown how this insurance will be accomplished since some states, like New York, make it difficult to impossible to have gun liability insurance. But, since the $800 premium is a part of the proposed bill, the federal government will undoubtedly be involved.)

The question that is not being asked is: why have liability insurance?  It seems as if that would be easy to answer, since we have insurance for almost everything else.  But, it’s not so easy to answer when we look deeper.

As it is generally understood, liability insurance helps cover the cost of claims when the insured is responsible for bodily injury, property damage, etc.  But for someone to be responsible, they must generally be negligent, among other requirements.  (Legal papers abound on this subject, but for our purposes, we can keep it simple and focus on the insured’s negligence.) 

2017 was a peak year for deaths by shooting with 39,773, per the Center for Disease Control (CDC).  The FBI reported similar numbers.  So, let’s use 2017 CDC’s numbers to better understand the need (or not) for mandatory insurance.

There were 39,773 firearm deaths in 2017.  Of those, 23,854 were by suicide.  Is there any need for liability insurance in a suicide?  Not if the insured is the one committing suicide.  (Dead persons can’t sue themselves for bodily injury.)  The most often time that insurance could come into play is if the suicide used a gun belonging to someone else and that other person negligently allowed the suicide to use the gun.  I’ll bet, in those cases where the gun belonged to someone else, it was a family member.   Are other family members going to sue the family member gun owner?  (Won’t that make family Thanksgiving dinner a little dicey!) 

In summary, there would be very few times when liability insurance would possibly be used in suicides.

There were 14,542 murders in that year.  Historically, 92% to 94% of murders are done with unlawful firearms.  Obviously, unlawful firearm users will not have liability insurance. 

If the remaining  8% of murders were committed by lawful gun owners, that would be 1,163 instances when liability insurance would potentially be in effect.  But wait a minute - insurance policies usually do not cover unlawful acts.  Murders are the very definition of an unlawful act.  So, even if those 1,163 murderers were covered by insurance, the insurance company would not have to pay.  (Murderers would have wasted their premium money.)

553 additional deaths were by Law Enforcement Officers (LEO’s).   They are covered by their department’s (or possibly union’s) insurance so they have no need for mandatory individual liability insurance coverage although some might also take out individual policies. 

Another 824 deaths were unintentional or “other”:  hunting accidents, gun cleaning accidents, personal protection, etc.  Here, there might be a need for liability insurance coverage.

In summary, as to deaths by firearms in 2017, there were 824 unintentional deaths and some small unknown number of suicides where liability insurance would come into play.  Estimates are that there are 80 million to 100 million legal gun owners in the USA.  That’s about 1 in 100,000 gun owners that would have a use for liability insurance.  But that would be $80 billion in insurance premiums. (You are probably wondering what similar numbers are for car drivers and accidents?  240 million drivers have about 6 million accidents: 1 in 40)

Liability insurance would also cover instances where someone was shot but did not die or property was damaged.  The above categories would still be applicable to non deaths:

·Most attempted suicides by firearm are fatal.  Of those few non-fatal suicide attempts, even fewer would involve a borrowed or stolen gun.

·Attempted murders are just as illegal as murders so there would be no insurance coverage.

·Non- fatal shootings by LEO’s would fall under the department’s general insurance policy.

·That leaves unintentional and “other” instances of non-fatal shootings.  Since statistical studies focus on murders, this is an unknown number.  Probably not a big enough number radically effect the 1 in 100,000 ratio. 

What cannot be estimated is the effect on the legal profession of having a big pot of insurance money available.  Will enterprising lawyers attempt some new, unforeseen strategies to raid the insurance pot-of-gold?  (You can bet on it.)  Even without insurance being an issue, we have seen instances where a criminal sues someone for shooting them, even though the criminal was committing a crime at the time of the shooting.   (With a pot of money available, this would certainly increase.)

The proposed bills do not specify the coverage that would be mandated.  The above narrative deals with what is generally called liability insurance.  (The “Swamp” will decide specific coverage after the bill is passed.)  This narrative does not deal with other types of policies that may be currently available, such as Concealed Carry Insurance. But it is almost certain that the mandated coverage would be different from Concealed Carry insurance.

So, the question is: with so little need for liability insurance, why mandate it? And the answer is: to make gun ownership unaffordable to most people.

NY State Leads the Way  by Tom Reynolds

The Climate Leadership and Community Protection Act (CLCPA), back in 2019, effectively prohibited construction of new fossil fuel power plants and the old ones are forbidden to be replaced or upgraded. Governors Cuomo and Hochul proudly point to New York leading the way.

How’s that working for you?

It was hot in the NY City area on July 2nd and 3rd, but not close to a record.

The Institute for Energy Research wrote that on July 2nd and 3rd: “Con Edison shut off electricity to over 5,000 customers in the Riverdale section of the Bronx, leaving residents there without air conditioning...Con Edison had decided the N.Y. grid could not handle the load, saying the shutoffs were necessary to reduce strain on the grid, protect equipment, and speed up restoration. The company also cut voltage by 8% in areas of the city as a precaution to protect equipment and keep service running while crews worked.”  (Emphasis added)

A Southern Westchester County resident, (just north of the Bronx) emailed this: “Over the weekend of July 3-5, [t]here were numerous power surges associated with the rolling blackouts where the lights went on and off several times before going out. . . .  Those surges destroyed a bunch of equipment in my home despite having surge suppressors on the equipment. . . There is thousands of dollars in damages related to the surges.  Based upon the Facebook Page MOPS (Mothers of Pelham), my home was not the only one impacted as many people are complaining about electronic equipment not working after the blackouts, notably air conditioners. . . . My home is going to need about $3000 worth of new battery backups.”  

Did the ‘paper of record’, the NY times find any of this newsworthy?  Apparently not; while reporting on the heat wave, one sentence in the 6th paragraph of a July 3rd article mentioned: “The heat also put stress on power grids, contributing to scattered outages in New Jersey, New York and Ohio for tens of thousands of utility customers on Thursday...” 

But…we need to reduce fossil fuel usage and rely on solar and wind generated electricity to save the environment.

So, to protect NY State’s environmental leadership reputation, you probably didn’t hear about this: According to Westchester County officials: 

• At 9 p.m. on July 2, Con Edison reduced the power being funneled to the plant by 8% due to an extreme regional heatwave, resulting in a power failure at the facility. 

• As the on-site generators require a complete outage — not just a reduction — to activate, power could not be transferred from the generators to the equipment.

• At 11 a.m. on July 3, the plant managed to restore power to its primary treatment system. However, when power was distributed to get the second treatment system up and running, all power in the plant was lost.

While power was out, sewage seeped into the Hudson for 17 hours, according to a state alert system.  Oops!

Three months earlier, on April 2nd, lohud.com happily reported: “Some fish caught in the Lower Hudson River are now safe to eat, the state Health Department declared this week, relaxing a 50-year-old advisory meant to limit exposure to cancer-causing PCBs.” (Emphasis added)

So, every 50 years there is a three months window to catch some fish in the lower Hudson River. 

Yep.  New York State is putting its best government minds to work saving the environment and will continue to do so until things get so bad that those who sit back and let this happen, by not voting, will finally have had enough.  But will it be too late? 

Do you like having electricity?  Think of voting as keeping your refrigerator running. 

To the SCOPE Membership,

In a major victory to those seeking to rid America of bans on so-called "assault weapons," for the first time ever, a federal appeals court has ruled that a state's ban on AR-15s and similar rifles, and its ban on "high capacity" magazines, violate the Second Amendment.  

The third circuit court of appeals (Pennsylvania and Delaware) creates a direct circuit split, the term used to describe a situation where two or more federal courts hand down different interpretations of the same legal controversy, which make it ripe for U.S. Supreme court review.  The third circuit court of appeals vote was 10-5 margin.  The majority opinion was written by a Biden-appointed judge, Arianna Freeman.  The dissenting opinion was also given by a Biden-appointed judge, Patty Schwartz.  

Obviously, the New Jersey Governor, Mikie Sherrill condemned the ruling stating, "Today's decision is dangerous, wrong, and make no mistake, it will make New Jersey communities less safe.... This decision is not only legally wrong, it's completely out of step with parents and the people of the Garden State....We will not back down from extreme, right-wing attempts to weaken the laws of New Jersey."  

The majority decision also rejected the ban over the "common use" standard that was created by the Supreme Court decision in the 2008 Heller decision.  The court found no historical roots with which to justify the ban on AR-15 and similar rifles.  

There is hope.  Keep up the fight!  The 2A community is making progress.  The Supreme Court already agreed to hear an appeal of rulings that upheld an "assault ban" imposed by Connecticut and by Cook County, where Chicago is located.  The question posed there is "Whether the Second and 14th Amendments guarantee the right to possess AR-15 platform and similar semi-automatic rifles." 

John R. Elwood
SCOPE President

Not Coming for My Gun  by Tom Reynolds

Many gun owners don’t vote because, “They’re not coming after my gun.”  Well, NY State just hit them with a two-by-four to convince these non-voters that Kathy Hochul and the NYS legislature ARE coming after their gun…and sooner rather than later.  They are banning one of the most popular pistols in America, the Glock.

Governor Hochul has signed the FY 2027 NY State budget.  Included in this bill is a new legal category called a “convertible pistol.” Which is defined as a semi-automatic pistol with a cruciform trigger bar* and that pistol can be readily altered by hand or common household tools to accept a pistol converter and function as a machine gun.  That’s a Glock pistol and so this is known as a ‘Glock Ban.’

After May 28, 2027, NYS dealers and gunsmiths cannot sell, transfer, dispose of, transport, or ship a Glock.

By the way, under existing federal law, possession of machine-gun conversion devices is already a federal crime — even if the device is not installed. 

You can be sure that criminals will be throwing away their already illegal ‘pistol converters’ now that they are illegal in NYS. 

In their generosity, Hochul and the legislature will let you keep your Glock if you lawfully owned it before that date.  But you better confirm it is properly listed on your pistol license and keep documentation showing lawful ownership and the acquisition date.  And watch for guidance from the NY State Police (Remember when they shortened the licensing period from five to three years and didn’t really mention it.)  And good luck if you try to sell, transfer, consign or dispose of it.

There will probably be a run on buying Glocks between now and then, which means the training, paperwork, notarizations, character references, fingerprinting, licensing interviews, judicial reviews, and purchase authorization required by the pistol permitting bureaucracy will be slower than normal, especially in Democrat run areas.  Better start now!

Had enough of NY’s anti-gun politicians.  Don’t think of moving to California, Maryland or Connecticut because they also have Glock bans.  And Minnesota is considering a ban.  New Jersey is in the process of putting a registry together on people who have bought Glocks since the beginning of 2016 and is suing Glock for manufacturing Glocks, so can they be far behind?

Do you have a shotgun?  You might someday saw off part of the barrel and make it an illegal sawed off shotgun.  But Kathy Hochul and her Democrat colleagues would never dream of making that widely owned gun illegal just because you might someday make it into an illegal gun.

By the way, research by the Crime Prevention Research Center showed that murders with illegally-modified Glocks are less frequent than fatal lightning strikes; only 40 people died in attacks using the handguns since the start of 2021, while the National Weather Service confirmed 81 deaths from lightning strikes in the same time frame.**

Not coming after your gun?  The leaders of the Democrat Party are committed to removing all firearms from civilian hands.

* A cross-shaped component that links the trigger and firing pin

** UPDATED: How many people have been murdered with Glock-style guns using Glock switches? About 43 total over the five plus years from 2021 to now? - Crime Prevention Research Center

More on Mamdani Extremism  by Tom Reynolds

In Monday’s email I spoke about the extremists endorsed by NY City Mayor Mamdani and what could happen, both good and bad.  A SCOPE member responded, saying it better than I, so I am reproducing his comments, below.

The time to take these people on is NOW.  That means taking them 100% seriously, at their word. They are grimly, unalterably, determined to settle for nothing less than their totalitarian rule so that they can dictate everything in our public and formerly private lives. They are utterly amoral and have long since adopted the credo "by any means necessary".  They see any form of compromise or accommodation (or "oh it can't happen here") from us as weakness to be exploited ruthlessly. 

In WWII we took on two countries which had the same intentions toward us. To prevent them from subjugating us we had to pull out all the stops and play complete hardball with them. Once we had smashed them, then it was time to take the high road. 

Do we have to wait until these people gain the strength to actually accomplish what they promise: the "fundamental transformation" of America? We don't need or want that kind of change but they WILL force it on us if we allow it. We can stop them now but if we don't resolve to do so now, a point may be reached where their takeover becomes inevitable. It’s probably closer than most Americans think. Only a few years ago, could we have imagined the DSA acquiring the power it now has?!

Jew hatred has always been routine for Marxists in power and the ever more open antisemitism asserted by the "American" far left is an unmistakable indicator of the truth that these people are the same who savaged Russia, China, Cambodia and many other luckless countries who only realized their terrible misfortune when it was too late.

We who are already active in protecting our Constitutional rights DO realize it now, while there is still time to defeat it. But so many Americans are busy living positive and constructive lives and have not been motivated yet to pay full attention to the fearful danger we face from within our very country to EVERYTHING we cherish and value. Our continuing job in organizations like Scope is to help them to understand just what it is we face and to demonstrate how to stand up to the America haters. 

NY City Primaries  by Tom Reynolds

In NY City Democrat Party primaries, Mayor Zohran Mamdani backed: three candidates who won U.S. House races; and victors in two more races for NY State Senate; and victors in four more races for State Assembly.  Nine victories - and all nine are reportedly communists.

Since the three congressional districts are in heavily Democrat districts, the Democrat candidates are assured victories as are probably the others. 

These are the three headed for Congress:

Brad Lander supports: abolishment of ICE; expansion of the Supreme Court; all student loan debt should be forgiven (free stuff); the U.S. should reset its relationship with Israel.

Darializa Avila Chevalier has called for abolishing: ICE; the police; U.S. borders; prisons; all deportations (including violent criminals.)  She has called the U.S.A. an ‘effing disgrace,’ and said in a prior social media post ‘I forgot to get napkins so I just wiped my hand on the American flag behind me.' It was reported that she was recently rioting with pro-Hamas activist Mahmoud Khalil in the Columbia University encampment while asking for “basic humanitarian aid.”

Claire Valdez has: supported citizenship and voting rights to illegal immigrants; using taxpayer dollars to fund all transgender medical treatments; abolishing private health insurance.

And there is New York State Senate candidate, Palestinian Aber Kawas, who claims: 9/11 was America’s fault due to capitalism, racism, white supremacy, and Islamophobia.

Apparently, to win a Democrat primary you must embrace the hammer, sickle, collectivism and hate some Jews. If you are a woman, put on a burqa.

Since these are all radical left Democrats, you can be sure they are for demolishing our 2nd Amendment rights, too.

What happens in New York City doesn’t stay in New York City.  In this case, it is both a blessing and a curse.

The curse is that these people will be elected to various legislative bodies where they can spread their stupidity and they will probably inspire like-mind people to run for other offices.  (And I use the word mind very loosely.)

As a blessing, these people and their positions will provide a mountain of ammunition for conservative candidates to shoot at, in other races, saying that this is where the Democrat party is going – and hopefully scare / motivate conservatives into voting.

There is another blessing / curse:

Contrary to internet headlines, there is not a groundswell of communists making up the grassroots of the Democrat party.  The turnout was low in these primaries (Only 1 in 6 registered Democrats showed up).  This is how AOC first got elected.

The curse is that AOC is still getting reelected and probably so will these crazies.  

And in an incident that would be embarrassing anywhere but New York City, Mayor Zohran Mamdani mourned the killing (by an Israeli strike) of Ahmed Washah, an Al Jazeera “journalist”.  Days later, the Israeli military released an internal Hamas document listing Washah as a member of Hamas’ “military wing.”  Washah was a Gaza-based Hamas terrorist - a sniper - besides being on the payroll of the Al Jazeera.

Conscientious Objectors  by Tom Reynolds

President Ronald Reagan once cautioned against "the temptation of blithely declaring yourself above it all and label both houses equally at fault...and thereby remove yourself from the struggle between right and wrong and good and evil."

Many Americans share a frustration with politics. They see shortcomings in both major parties and conclude that neither deserves their vote. As a friend of mine likes to say, "The lesser of two evils is still evil."

It is an understandable sentiment. No candidate is perfect, and few—if any—will represent all of our values and priorities. Some voters focus primarily on personality, while others focus on issues. Most of us fall somewhere in between. Ultimately, every election comes down to choosing which candidate is most likely to move public policy in the direction we believe is best for our families, communities, and state.

How do we make that decision? We examine each candidate's record, stated positions, and actions.  As investment brokers disclaim in their ads, “Past performance does not guarantee future returns.”   However, it is often the best information available. Evaluating a candidate's history and credibility is an essential part of being an informed voter.

Whether your priorities involve public safety, taxes, affordability, constitutional rights, or the future direction of New York, the question is not whether a candidate is flawless. The question is which candidate is more likely to move the state in the direction you believe is right.

For those who place a high priority on protecting the Second Amendment, each candidate's record on firearm rights deserves careful consideration. Governor Kathy Hochul has spent the past several years signing and advocating for laws that have made New York's firearm regulations among the most restrictive in the nation. Several of those restrictions have faced successful constitutional challenges following the U.S. Supreme Court's landmark Bruen decision, while other provisions remain under review. Voters now have an established record by which to evaluate her administration and in her case “Past performance does guarantee future actions.”  Compare it with the positions and priorities of her opponent, Bruce Blakeman.

Some believe staying home is a way to express dissatisfaction with the choices on the ballot.  But one thing is certain: choosing not to vote does not remove us from the outcome; it simply means others will make the decision for us.  Elections produce laws, policies, and decisions that affect all of us, including those who did not participate.

In the war to save the 2nd Amendment, the non-voter is a conscientious objector.

The future of New York will be decided this November—not only by the candidates on the ballot, but by the citizens who take the time to participate.

The future is decided by those who show up.  Your vote matters!

Annual S.C.O.P.E. Banquet

To the SCOPE Membership,

We are pleased to announce that Saritha Komatireddy, candidate for New York State Attorney General, and Joseph Hernandez, candidate for New York State Comptroller, have confirmed that they will attend our SCOPE Banquet as guest speakers.

The SCOPE Banquet will be held on Saturday, September 26, 2026, from 5:00 PM to 9:00 PM at the Palmyra VFW in Palmyra, New York. We look forward to welcoming these distinguished guests and invite you to join us for an informative and engaging evening.

The evening will be filled with good food, games, silent auctions, raffles, and engaging conversation. The Master of Ceremonies will be Mr. Bob Lonsberry, who did a great job last year.

Given this is an election year, it is important that for as many people as possible get out to hear what the candidates have to say. We encourage you to join us for this informative and enjoyable evening and hope to see you there!

With All Honor and Respect,

John

WalletHub  by Tom Reynolds

A WalletHub* survey compared all 50 states across 12 indicators of patriotism using two factors: military engagement and Civic engagement.**

I would not view this as the most comprehensive survey possible but it is a random survey that apparently is not partisan.

New York State just missed last place: we were 49th as we received an overall score of 28.96 out of 100.  We were 49th for military engagement and 45th for civic engagement. 

We were nosed out by .23 hundredths of a point for last place.  But with the rise of Mamdani and the commies in New York City, we have a real shot at last place, in the future.

Or, we can vote as the future is not decided by any surveys or polls but by those who show up.

* WalletHub (formerly CardHub.com) is a personal finance company 

** WalletHub assessed states on the Military Engagement category used these indicators:

●Average military enlistees per1,000 civilian adults between 2017 & 2022

●Veterans per 1,000 Civilian Adults 

●Active-duty military personnel per 100,000 civilian adults

●Share of civilian adult population in military reserves 

The Civic Engagement category used these indicators:

●Share of adults who voted in 2024 Presidential Election

●Share of adults who voted in 2020 Primary Elections

●Volunteer rate 

●Volunteer hours per resident 

●AmeriCorps volunteers per capita 

●Peace Corps volunteers per capita 

●Trial-& Grand Jury participation per civilian adult population

●Share of residents who participate in any groups, organizations or associations in the Past Year (Civic Life)

Women and Guns  by Tom Reynolds

When trying to buy a gun, there can be a delay in getting clearance from the background check.  In this past New York legislative session, bills were introduced in both houses (A.3233 and S.362) which would add a 10 day waiting period after passing the background check. 

Gun control proponents laud this as a cooling off period – even though the buyer has just passed the extensive background check. 

The flip side to this is that the delay may prove fatal.  Women who suddenly face threats from a stalker or former partner often do not feel they can wait the months it takes for officials to approve a permit application.  Their danger is here and now.

Two groups that benefit the most from carrying firearms: physically weaker individuals, such as women and the elderly; and those most likely to become crime victims, such as poor blacks living in high-crime urban areas. 

Robyn Sandoval, the president of A Girl & A Gun said: “Too often, women who are being stalked or threatened are told to limit their movements, alter their routines, or rely on a piece of paper to stop someone determined to harm them…Women deserve better than living in fear. By learning to responsibly carry a firearm, they can gain the confidence and means to protect themselves and live their lives without fear.”

Brevard County, FL, Sheriff Wayne Ivey added: “Every day, more law-abiding citizens choose to legally carry firearms because they refuse to be victimized by criminals and thugs…Responsible gun owners know that even the best police response times takes minutes, while violent criminals can take a life in seconds!”

A.3233 and S.362 were not enacted into law but they were close and we can be sure they will be reintroduced in the next NY legislature.  They deserve to be buried in the grave of bad ideas.

There is another idea that would foreclose on these bad ideas: Constitutional Carry, which would benefit women who suddenly face threats from a stalker or former partner and often do not feel they can wait the months it takes for officials to approve a permit application.

If you are a woman who fears that she has been or may be threatened, think about this when you cast our November ballot.  Remember, the future is decided by those that show up.