Resolutions In Ammoland, David Codrea makes some suggestions for New Year’s Resolutions for gun owners.  Below are a few and, in some cases, SCOPE added some of our thoughts on them. I will know my representatives: state representatives; congresspersons and U.S. Senator.  Do you know how to contact them on gun bills and more? I will write letters to the editor: Do you see something gun-related in the newspaper spreading misinformation? Keep things on topic, resist the urge to morph from wit into insults, and make sure to adhere to posted word limits to increase the chance yours will be published.  (SCOPE will help you if you have a draft.) I will join a gun rights group: Gun owners can benefit from keeping apprised of bills, lawsuits, and politicians to oppose and support.  Network/attend events with like-minded shooters and activists.  (If you are reading this, you probably already are in SCOPE but most SCOPE members are in more than one group.) I will take a new person shooting: With an emphasis on safety and they will learn that it’s fun!  (And I’ll bet you will do some shooting, yourself.) I will read Second Amendment books:  Codrea urges you to purchase some – the people who do the work to bring them to us deserve to eat, too. See if your library carries them and inquire if they don’t.  (The library has to purchase them too and I get most of my reading material through the library and with the money I save I can buy more guns!) I will support legal actions/court cases protecting the right to keep and bear arms: (SCOPE investigates and supports lawsuits.) I will spread the word: If you come across something you think helps advance your interests, spend one minute letting others know about it — because that’s the only way to escape the leftist echo chamber. Share the links. If you’re on social media, “like” and especially “share” the link on Facebook or tweet/retweet it on Twitter/X. I will attend a gun show: Here’s a fun one that shouldn’t be too difficult to make or to keep, and this one is important because it can help reinforce that we’re hardly alone, and the good fellowship is restorative. Also, note how peaceably everyone is behaving. I will boycott an anti-gun company: The only effort required here is to find an alternative, and while it’s not practical for all products and services, the ones it is feasible to avoid are the ones that can feel it the most. Just supplement it with one thing: Let them know. I will buy a gun: (Do you really need a resolution to do this?) I will give my children a development-appropriate education about guns: Teaching is a fundamental parental responsibility.  (And they won’t get this in school!) I will verify emails about gun-related bills with a credible source: It’s tough enough getting gun owners to respond to real threats or opportunities without frivolously mobilizing and alarming them, wasting everybody’s time and energy on distortions and non-issues.  (SCOPE’s emails try to keep you informed on real issues.) I will attend a public demonstration in support of the Second Amendment: Bearing in mind caveats about avoiding trouble and crowds, and J6-style set-ups, showing judicious public solidarity with freedom advocates at rallies and the like is essential. I will vote: Sometimes the obvious is the easiest to miss. NYS Assembly NYS Senate NYS Congressional Reps

Walmart

Do you shop at Walmart?  I do.

Do you Concealed Carry?  I do. 

When you shop at Walmart, do you almost always Concealed Carry?  I do.

Does Walmart always seem to be busy?  It is where I shop.

When in Walmart, I have wondered if there are other Concealed Carriers also shopping. Given the large number of people, it seems likely that there are at least one or two more, besides me. 

Who could it be?

The guy with the MAGA hat?

The mom “carrying” in her purse?

The dad shopping with his family?

Impossible to tell, since our firearm is, by definition, concealed.

I wonder if potential murderers, who look for a place to kill multiple victims, consider the odds that, in Walmart, there are probably one or more armed shoppers who will shoot back.  After all, murderers like “gun free zones” where they don’t face opposition and can wreak havoc for at least several minutes until police arrive.

These potential murderers should stop to consider that it’s probable that someone will probably shoot back, even in NY State.  Anti-2A’s (like former NY Governor Cuomo) will argue about innocent bystanders being hurt in a cross fire, ignoring that without opposition those same bystanders are helpless and could be shot like “fish-in-a-barrel.”  It also ignores that murderers use other weapons than guns, such as knives, and those knife wielders will be at a considerable disadvantage in a gun fight.   

We “carry” but we never want to have to use our weapon against another human being.  We hope that the potential presence of our weapon is enough to discourage anyone with evil intent.  And the potential presence of multiple weapons adds to the safety factor.

That brings us to “Open Carry,” which would seem to be a bigger discouragement to potential evil.  After all, as stated earlier, murderers like gun free zones where there isn’t opposition.  “Open Carry” should make us safer!

Walmart asks its customers to not “Open Carry.”  (Not a problem in NY State where Open Carry is illegal.)  Although this is a request and not a ban, in “Open Carry” states, might Walmart politely ask an “Open Carrier” to leave?

 What if Open Carry was legal in NYS and welcome in Walmart?

If you could legally “Open Carry” in NYS, you will be noticed and you better have a permit since it will be obvious to any police officer that you are armed and subject to being asked to show your permit.  So, “Open Carrys” are very highly likely to be legal and have passed a background check.

Criminals – not so much.  They may carry a handgun but it will be concealed and most handguns used in crimes are not legal.  Criminals don’t want to be noticed until they start shooting.

Will “Open Carry” make some people nervous.  Initially, very likely, since it will be uncommon.  But some of those same nervous people will be those that need “Safe Places” when someone disagrees with them or went into grief counselling after Trump was elected.  “Open Carry” will say to those people, “Get over it” and, after awhile, most people will get over it, after discovering that labelling oneself as a victim is not working.

Open carrying a firearm does provide a tactical advantage to your adversary. The bad guy can take time to formulate a plan because they can see that you are armed.  However, when there are more than one “Open Carriers” (and maybe still some “Concealed Carriers” too) the firearm may serve its purpose of telling the evildoer, “Not today.  You may get shot.”

Think about “Open Carry” this way.  If you were going for a walk in a dangerous neighborhood, you might take a dog with you; a big dog.  Not because you want the dog to attack anyone but because you want a potential assailant to see the dog and decide against assault.  “Open Carry serves the same purpose.

The Governor Hochul and the NY legislature, as constituted, will never approve “Open Carry” (they can’t deal with “Concealed Carry”.)  But the Supreme Court may find that “Open Carry” is a constitutionally protected right under the 2nd Amendment.  And pressure on our federal legislatures couldn’t hurt, either.

In the meantime, I’ll continue to “Concealed Carry” in Walmart and just about every other store and hope that the knowledge I – and others - might be in the store will keep evil at bay.

Getting Involved Matters.  It Matters More Than You Realize  by John R. Elwood

    The 2020 census estimated New York State’s population was 20, 201,249.  Though New York State has led the nation in population loss (-2.7% or 630,000 residents left since 2020) with some of the main reasons being unaffordable housing, cost of living, domestic migration, and draconian laws enacted. Still there an estimated 4.5 million or 19.9 % of the New York State population that are gun owners.  In the 2022 New York State gubernatorial election between Kathy Hochul and Lee Zeldin, Kathy Hochul won by less than 400,000 votes (377,834).  It is estimated that only 1.2 million of the 4.5 million New York State gun owners voted in the gubernatorial election.  In other words, of the 3.3 million New York State gun owners that did not vote, if they had voted, Lee Zeldin would likely have been elected governor and burdensome laws like the Concealed Carry Improvement Act (CCIA) would not have been enacted into law. 

    The election is over, but what you do now still matters.  Get involved.  2A organizations are having success fighting back against unconstitutional firearms legislation.

Second Amendment Organizations Continue to Fight Back!

    On June 23, 2022, in a 6-3 opinion, the Supreme Court issued its decision in  New York State Rifle and Pistol Association (NYSRPA) v. Bruen that established a new standard for evaluating the constitutionality of gun control laws.  It required any firearm regulation to be consistent with the nation’s historical tradition of firearms regulation, To be considered legal.  Essentially, Bruen expanded the right to carry concealed weapons in public by deeming many may-issue systems AS unconstitutional and requiring states to adopt “shall-issue systems instead; this effectively broadened the scope of Second Amendment protections beyond the home.  Courts, now, are required to examine whether gun control laws align with historical precedent.  So, what was our Governor’s reaction? She doubled down!

    That was not a surprise.  The day the Bruen decision was handed down, Governor Hochul signaled she would fight back.  Between June and September 2022, the Concealed Carry Improvement Act (CCIA) was rushed into law by Governor Hochul and the NY legislature.   The new law made it a crime to be armed at a “Restricted/Sensitive” location unless concealed carry permit holders had permission or signage allowing it.  The CCIA carved out more than twenty sensitive locations including: federal, state, or local government buildings; any place of worship, except for those people responsible for security; libraries, public parks and zoos; and any gathering of individuals to collectively express their constitutional rights to protest or assemble.

But wait, 2A organizations were not done.  2A organizations fought back.

 On October 10, 2024, in a Christian vs James lawsuit (initiated by the Firearms Policy Coalition), Federal Judge Sinatra, struck down a portion of NYS’s CCIA barring concealed firearms on private property without the consent of the property owner as unconstitutional.  It was not all we wanted, but it was a small win.

New York State Ban on Body Armor

    In another attempt to restrict gun rights, on June 6, 2022, Governor Hochul signed a body armor ban into law.  The law states, when not being engaged or employed in an “eligible profession”, the purchase, taking possession of, sale, exchange, giving or disposing of body armor is prohibited. 

  People engaged or employed in eligible professions include: police officers, peace officers, federal law enforcement officers, armored car guard, security guard, firefighter, emergency medical technician, paramedic, ambulance drive and attendant, firearms dealer, body armor retailer/salesperson, private investigator, building safety inspector, code enforcement officer, firearms instructor, professional journalist, newscaster, nuclear safety officer, process server, animal control  officer federal firearms dealer, range safety officer, forensic science technician, ballistic examiner, school building administrator and school district administrator. 

  If you are not engaged or employed in one of these professions/jobs and you are a New York State citizen, you are prohibited from the purchase, taking possession of, sale, exchange, giving or disposing of body armor.  The first offense is a misdemeanor, and any subsequent offense is a felony.  But again, 2A organizations are fighting back against the New York state ban on body armor. 

    New York State’s ban on body armor does not comply with the Supreme Court decision in NYSRPA v Bruen, which established a new standard for assessing the constitutionality of gun laws. Under Bruen, the court stated gun laws must be consistent with the nation’s tradition of firearm regulation.  The term “arms” has long been understood as being inclusive of armor. 

  Once again,2A organizations are fighting back and the ban on body armor in NY State is being challenged.

     On 1 July 2024, a complaint was initiated against New York State’s ban on body armor initiated by the Firearms Policy Coalition. The defendants include Letitia James, Attorney General for New York State, Mr. Steven James, Superintendent of the New York State Police, Mr. Michael Keane, Acting District Attorney (DA) from Erie County, New York, Mr. William Gabor, (DA) from Madison County New York, and Ms. Sandra Doorley, DA from Monroe County New York.  As expected, the defendants made several attempts to get rid of the case. 

    First, the defendants tried to argue that the plaintiffs did not have standing in the court. (Note: Legal standing, also known as locus standi, is the right to bring a lawsuit or appear in court.  It’s a condition a party must meet to show they have a sufficient connection to and harm from the law or action being challenged.)  

   Then, the defendants tried to argue the reasons why they should not be considered defendants.  On November 8, 2024, Judge Sinatra denied the defendants’ motion to dismiss.

On December 17, 2024, a scheduling/case management order was issued. The lawsuit will go forward. (Note: A Scheduling/Case Management Order is a court document that outlines the timeline and deadlines for all stages of a legal case, including discovery, motions, and trial dates.)  A decision on the case is scheduled for February 27, 2026. 

    Shooter’s Committee on Political Education (SCOPE) will continue the fight against restricting NY citizens’ Second Amendment rights.  In the coming days, SCOPE will decide whether to donate to the lawsuit against NY States’ ban on body armor. 

    The fight to secure our Second Amendment rights is not over and 2A organizations must continue to fight back!  SCOPE NEEDS YOU!  We hope to see you at one of our monthly meetings!  Our website is SCOPENY2A.org.  Get involved today!

You Never Know

General George Marshall was sworn in as Chief of Staff of the Army on September 1, 1939, the same day that Hitler invaded Poland and World War 2 began.  (What a way to start a new job!)  On that day, the U S Army and Air Corp had 189,839 regular troops and officers.  It was the 17th largest army in the world, just behind Portugal.

Marshall had been promoted above many more senior officers to become the highest-ranking person in the Army. 

In addition to the Great depression, the 1930’s also featured severe isolationism.  The overwhelming majority of Americans had no interest in becoming involved in Europe’s problems; Hitler, Fascism and Communism.

With all of Europe in war, the first peacetime draft was proposed in 1940, a presidential election year.  President Franklin Roosevelt was silent about supporting the draft until after his opponent, Wendell Wilkie, came out for it; Roosevelt then endorsed it.  With both candidates’ support, it was enacted in October.  Those drafted were to serve up to one year.

By the summer of 1941, the war in Europe had worsened and Asia was in turmoil.  Since the draftees’ year of service was coming to an end, Congress debated an unpopular bill to extend those draftees service beyond the year.  By then, Roosevelt had been reelected, so he showed great courage (sarcasm intended) and came out in favor of the extension.

On August 12th, the United States House of Representatives voted on the extension.  In the 1st vote, the extension was approved by 204 to 201.  Then, a House member changed his vote and the revised vote was 203 to 202.  There was concern that others would change the vote when an anti-war member asked, by mistake, for a recapitulation – instead of a reconsideration.  (A recapitulation only allowed for a recount while a reconsideration would have allowed House members to change their vote.) 

The recount confirmed the 203 to 202 vote and before the antiwar House members could act, Speaker Sam Rayburn banged his gavel and announced that the vote had passed. Under the House rules, the vote was frozen.

 The Senate approved it by a wider margin, 37 to 19, and Roosevelt signed the Service Extension Act of 1941 into law on August 18.

Less than four months later, Pearl harbor was attacked by the Japanese and we were in World War 2.  By the end of 1941, there were 1.4 million men in the U S Army.  1.8 million in all services.  (Remember, there were only 189,839 two years earlier.) 

The United States was woefully unprepared at the start of WW2 but had the draft not added a million trained men to the Army and Army Air Corp before the war broke out, WW2 would have had a very different path.

So why is this little piece of history important to us who are defending the 2nd Amendment?  Because, you never know when a small act will have huge consequences.

Roosevelt broke military tradition and angered many senior Army officers when he promoted George Marshal to be Chief of Staff, over more senior officers.  Most historians agree that Marshall was the most important and influential military officer in WW2 and very likely was irreplaceable.

Had Wendell Wilkie not come out with the politically difficult position of favoring the 1940 draft bill, Roosevelt would very likely not have come out for it and that would probably have defeated it.  The U S A might still have had a smaller Army than Portugal when WW2 broke out, with disastrous consequences.

203 House members voted to extend the draft, less than 4 months before Pearl Harbor.  Had any one of them voted otherwise, many of the trained soldiers would have already returned to civilian life when Pearl Harbor was attacked and the U S Army would have again been severely depleted.

House Speaker Sam Rayburn had a quick gavel and used technicalities in House rules to ensure the draft bill stayed passed.  Had he not done so, a change of one vote by the House would have changed the history of WW2.

2nd Amendment defenders are looking forward to the change of administrations on January 20th.  But the gun grabbers are not lying down in defeat.  As well as being a right, keeping and bearing arms is essential to a safe and prepared United States. 

We never know when our actions may have huge consequences down-the-line in our battle to preserve the 2nd Amendment and our American values.

A Christmas To Remember

The July 4th 1776 Declaration of Independence had real world consequences for the signers.  One of them, Benjamin Rush, recalled: “Do you recollect the pensive and awful silence which pervaded the house when we were called up, one after the other, to the table of the President of Congress, to subscribe what was believed by many at the time to be our own death warrants?”

While independence was being celebrated in Philadelphia, 23,000 British soldiers and 10,000 Hessian mercenaries were being unloaded from ships in NYC Harbor, where George Washington, by order of the Continental Congress, had to defend the undefendable.

Eventually, the colonial army was completely driven out of New York and it retreated across New Jersey to Valley Forge Pennsylvania, where things became even more desperate.

The enlistments of the bulk of Washington’s army were due to expire and there was little hope of many reenlistments.  Not just because of the devastating defeat in New York but the army was undersupplied in almost every area; many soldiers had no shoes and had been wearing the same clothes – now rags - for months.  Food was scarce.  Defeatism ran through the army.

There is no record of Washington contemplating giving up.  Instead, he gained control over whatever negative emotions he had and formulated a plan, which led to the most important Christmas in American history.

On the early evening of December 25, 1776, in a freezing rainstorm that lasted all night, the Continental Army loaded onto boats and crossed the ice clogged Delaware River, in three groups.  The crossing was so treacherous that one group did not make it across and a second group made it across but turned around and went back.  Only Washington’s group was able to march to the attack.

Hours behind schedule, with one-third strength, the army arrived at their target, Trenton New Jersey. 

Officers reported to Washington that the ice storm had soaked the muskets and many could not fire because of wet powder.  These officers suggested that the attack be abandoned.  Washington’s reply was “fix bayonets”.

While the Hessian enemy was yawning and waking up, Washington attacked.  The Continental Army was in rags with long hair and matted beards coated in rain and mud; it looked like the army-from-hell had come screaming from the depths to kill the Hessians.  The battle was brief and the Hessians surrendered. 

In what was the potential breaking point of the Revolutionary war, when all hope seemed to be lost, Washington did not despair.  He never lost sight of his goal.  He and his army persevered and they eventually won.  They set an example that should live today; we’re Americans, we’d cross a frozen river on Christmas to defeat our country’s enemies. 

Luck certainly played a part in the successful American Revolution and at Trenton. 

The leader of the Hessians in Trenton was Colonel Rall, a man who had little respect for Washington and the colonials.  Rall’s spies had told him of Washington’s attack.  The Hessians knew Washington was coming!  Rall acted properly and increased the guard and had a reserve force ready to reinforce wherever he was attacked.

On Christmas afternoon, one of Rall’s sentry posts was attacked.  The Hessians sprang into action and the attackers quickly retreated after a brief and ineffective exchange of gunfire.  Rall so disrespected the colonials that he believed this was the attack he expected, so he relieved the guard and the reserve and he went to a Christmas party. 

Who attacked the sentry post?  It wasn’t Washington.  To this day, no one knows.  The best guess is some farmers had too much “Christmas cheer” and decided to harass the Hessians to make up for the harassment the farmers had received.  They fired a few shots and then went back to celebrating Christmas.   But because of this, Washington was able to enjoy complete surprise.

At times, God has been on our side. 

Of late, our forefathers have come under a lot of undeserved criticism.  All but forgotten is the immense personal courage that it took to sign the Declaration of Independence. As Americans, we have a lot to be thankful for at Christmas and those that risked their lives to gain us our freedom need to be honored, not denigrated.

One year ago, many were dejected and in a funk over politics.  Summoning the energy to continue the fight to preserve the Constitution seems beyond some people’s wills.  To them it would be easier to, in a very real sense, surrender to the likes of Alexandria Octavio-Cortez and tell her, “You win.  We give up.  Do with the USA what you will.”   

How wonderfully things have changed in less than a year. 

Winston Churchill gave what may be the greatest college commencement speech.  It was only nine words.  “Never give up.  NEVER GIVE UP.  NEVER GIVE UP!”

SCOPE did not give up.  We remembered that many of us took an oath to preserve, protect and defend the Constitution against all enemies, foreign and domestic.  That oath had no expiration date! (If you didn’t take that oath, it’s not too late to commit yourself to that principle.) 

The battle to preserve our constitutional rights did not end with Trump’s election.  The Left is already counterattacking.

Thomas Paine wrote, “These are the times that try men’s souls.  The sunshine soldier and the summer patriot will, in this crisis, shrink from the service of their country…”

Sunshine soldiers and summer patriots will find other excuses to occupy their time and let the Constitution be shredded by the forces of Socialism.  Is our current situation less winnable than it appeared on Christmas morning, 1776?  Or Christmas morning 2023?

Paine also wrote, “Tyranny like hell is not easily conquered.”

When we were born in the USA, we won the lottery!  It’s time to pay the price of that lottery ticket.  Our forefathers were willing to pay that price and we need to join with them. Stand up and fight for the USA: its Constitution; its traditions; its future; and your family?  The choice is clear - get engaged or surrender.

Do We Need More Gun Laws?

Every time there is a shooting, the gun grabbing leftists come out from under their rocks and promote more gun control legislation.  Like most leftist efforts, they just don’t work and one of the reasons is rarely mentioned by the left.

Between the years 2021 and 2023, Dion Cooper illegally “straw purchased” 133 firearms and then provided the firearms to convicted felons or juveniles who couldn’t legally purchase or possess the firearms on their own.

Cooper, of Kent, Washington, pled guilty to multiple federal firearm charges, including trafficking in firearms, making a false statement in connection with the acquisition of firearms and straw purchasing firearms.

Assistant U.S. Attorney Todd Greenberg, who prosecuted Cooper’s case, said: “Dion Cooper was the largest known straw purchaser in the history of the western district of Washington…Fifty-four of the guns that Dion Cooper purchased were linked in and used in violent crimes – a homicide, drive-by shootings, armed robberies, bank robberies, assaults – this wasn’t theoretical at all, these guns caused immense harm in our community.”

After all that, and not including any consideration for crimes that might still be committed with firearms Cooper illegally provided, the federal judge gave him just three years in prison.

Washington is an uber-Democrat state with strict gun laws.

On June 11, Hunter Biden was convicted in federal court of three felonies stemming from an October 2018 firearm purchase.

Federal law (18 USC § 922(g)(3)) prohibits the possession of firearms by anyone “who is an unlawful user of or addicted to any controlled substance.”

 A Department of Justice press release explained: Biden knowingly made a false written statement on the ATF Form 4473 when he certified that he was not an unlawful user of, or addicted to, any stimulant, narcotic drug or any other controlled substance…during an 11-day period between Oct. 12 and Oct. 23, 2018, Biden possessed a firearm while knowing he was an unlawful user of or addicted to any stimulant, narcotic drug or any other controlled substance, in violation of federal law.

President Biden pardoned his son in a broad ranging pardon stretching back to 2014 and it covers just about every other possible federal crime.

Biden is a politician who has spent his career championing more gun control legislation.  Yet, the above two cases are examples of why the gun control legislation isn’t effective. An ever-growing web of statutes, regulations, and enforcement policies make it harder and harder for conscientious, law-abiding Americans to exercise their Second Amendment rights, while those who brazenly violate the law often go unpunished or receive mild punishments.

What is the point of making decent law-abiding Americans comply with the onerous and ridiculous federal gun control laws, other than to inconvenience and burden Constitutionally-protected conduct.

Passing more laws does not deter criminals when those criminals see that existing laws are not enforced or end in light sentences.

Deficit?  What Deficit?

Roll Call is a newspaper and website published in Washington D C, when the United States Congress is in session, reporting news of legislative and political maneuverings on Capitol Hill.

Roll Call reports that the Centers for Medicare and Medicaid Services (CMS) rolled out a new incentive for Medicaid providers to talk with patients about owning a gun.  CMS is allowing Medicaid funds to be dispensed when those queries are made. 

Why would doctors need funding to ask these questions? After all, asking a patient if they own a gun doesn't cost anything. Because, by opening up the Medicaid money spigot, the Biden administration is incentivizing healthcare professionals to ask these types of invasive questions. 

A CMS spokesperson said that while Medicaid first began allowing coverage of violence prevention-related services in 2021, the latest announcement clarifies that the coverage also includes “anticipatory guidance,” or health education and counseling to help parents and caregivers understand and improve the health and development of their children. 

“As a result, states may reimburse for a health care provider counseling parents on firearm safety and injury prevention,” the CMS spokesperson said. 

Of course, gun grabbers hope the conversations about guns will become routine. 

“The hope is that this normalizes this question as part of routine medical care,” said Chethan Sathya, a pediatric trauma surgeon and firearm injury prevention researcher at Northwell Health, the largest health care provider in New York. “When you start funding things, that is the huge incentive for hospitals and providers to integrate this into usual routine medical care, and it provides a revenue stream for that.”

Isn’t there a federal deficit problem?  Something like an accumulated deficit of $36 trillion…and growing.  The gun grabbing Left considers that deficit as only collateral damage in their war on gun rights.

Remember this the next time N Y State complains about the growing cost of Medicaid.

When is Lethal Self-Defense Justified?

You are probably familiar with the Daniel Penny trial over Penny killing an assailant on a NY City subway. 

A schizophrenic on drugs and a career violent criminal with over 40 arrests, boarded a New York City subway train and threatened passengers. Penny took Neely to the floor with the assistance of two other passengers and applied a chokehold for several minutes until the police arrived.  The assailant died.

At trial, one charge against Penney was dismissed and he was found innocent on another.

Penny was an example of a ‘Good Samaritan’ who risked his own life to protect others.  (That’s usually called self-defense but not in a Soros’ DA’s district.)  Had Penny been convicted, it would have caused future “Good Samaritans” to reconsider getting involved.

It was also another example of a George Soros funded DA – Manhattan’s Alvin Bragg - who has a very skewed view of the law in which he believes assailants should not suffer harm when they are assaulting people.

There was another recent case that probably did not get your attention.

In 2016, Jairo Castillo shot and killed an assailant who had confronted him with a razor blade over a drug dispute. The assailant held a razor blade against Castillo's face while threatening to cut him “from ear to ear."

In 2019, Castillo was convicted of 2nd Degree Murder and criminal possession of a weapon.  He appealed the decision.

A mid-level appeals court heard Castillo's case and disagreed with his self-defense claims, noting that Castillo began firing his gun after the assailant had turned around to leave the salon where the dispute took place. That court said there was "no reasonable view of the evidence" to suggest that Castillo was justified "in firing four additional shots into the victim's back" after he had turned around, even if the initial gunshots had been justified.

On November 21st, New York's top appeals court (The Court of Appeals) overturned the conviction of Castillo.  The court vacated Castillo's second-degree murder conviction and criminal possession of a weapon.

The Court of Appeals said in its ruling that the trial court should have allowed Castillo to argue he was acting in self-defense.  It clarified that defensive, lethal force can, in some circumstances, be used against an aggressor even if the aggressor begins to turn away. The court said that even though the assailant began to leave, "it would not be unreasonable for defendant to believe [he] continued to pose a threat."

Bragg is infamous for favoring criminal rights over victim rights.

In 2022, Bragg charged a Harlem bodega employee, Jose Alba, with second-degree murder for fatally stabbing a customer who had begun to assault Alba.

On July 1st, an assailant, who was younger and bigger than the 61 years old Alba, attacked Mr. Alba behind the counter of the Bodega where Alba worked.  Alba picked up a kitchen knife that was stashed behind the counter and stabbed the assailant in the neck and chest at least five times.

Alba was arrested by police on July 2nd and charged with one count of second-degree murder. 

Alba was held in Rikers Island for several days before being released on $50,000 bond, partially secured by the owners of the bodega where Alba worked.

Bragg ultimately dropped the charges against Alba, probably because the incident created a media and political firestorm.  Even Democrat NY City Mayor Eric Adams spoke out against Bragg.

The first lesson is to be careful of what district in which you practice self-defense.  Be sure to check out the local D A’s reputation before you defend yourself or others.  (Sarcasm intended.)

The second lesson is that, even in New York State, you may find judges that use good judgement when interpreting self-defense lawsuits.

The third lesson is that political animals like Alvin Bragg, who only view the law as a means to their political ends, do succumb to political and citizen pressure if enough is applied against them.

The fourth lesson is that it is better to be tried by 12 than carried by 6.

A Rose By Any Other Name

We should be excited that the Left has given up on “Gun Control”

We should be excited…but we aren’t.

The term “Gun Control” has simply been replaced by:

• Gun Reform
• Gun Safety
• Gun Violence Prevention

A Rose by any other name is still a Rose.  Or in this case, a Turd by any other name…

Unfortunately, the Left continues to be less interested in preventing violent crime than they are in banning lawfully and constitutionally owned firearms.  So, SCOPE and you, the 2nd Amendment defenders, are not going anywhere.  The battle for our constitutionally protected rights continues.

2A After January 20th

There are high expectations for Donald Trump in the area of the 2nd Amendment. 

Schuyler County SCOPE publishes a monthly legal update and the following are some of its articles concerning Mr. Trump and 2nd Amendment priorities as well as a brief history of incoming Sen Majority Leader John Thune.

What Donald Trump's 'Concealed Carry Reciprocity' Means for Gun Rights

Donald Trump promised to sign "concealed carry reciprocity" legislation if he won a second term in office. The policy would allow gun owners with a concealed carry permit from one state to legally carry their weapons in other states.

Every state in the U.S. permits some form of concealed carry, but the regulations can vary widely. Some states do not require a permit to carry concealed weapons, while others demand permits, stipulating certain conditions. States such as California and New York have particularly strict requirements.

Trump spelled out his intention to change the law in a 2023 speech, stating: "I will protect the right of self-defense everywhere it is under siege. And I will sign concealed carry reciprocity. Your second amendment does not end at the state line."

Trump has long campaigned on a pro-gun platform and all three times he has run for president he has received an endorsement from the National Rifle Association (NRA) firearms rights lobby group.

Democrats and groups that advocate for gun control have long opposed "concealed carry reciprocity."

https://www.newsweek.com/donald-trump-concealed-carry-reciprocity-1983740

The Four Federal Gun Violence Prevention Efforts Trump Could Dismantle

Here’s a look at the Biden-era policies most likely to be on the chopping block:

Sacking ATF Director Steve Dettelbach

Closing the White House Office of Gun Violence Prevention

The Safer Communities Act’s Gun dealers & background checks and funding for gun violence prevention 

Biden’s executive orders

https://www.thetrace.org/2024/11/trump-gun-violence-policy-biden-election/

Incoming president likely to make more than 100 judicial appointments

The next president will appoint more than 100 federal judges to the bench, providing an opportunity to mold the federal judiciary towards his or her liking.  As of Election Day, there were six vacancies on the high-profile federal circuit courts, and 61 district court vacancies waiting to be filled.

According to recent history, a new president on average has between 200 and 250 Article III judicial appointments during the course of four years in office.

Mike Davis, president of the Article III Project, estimates that there could be 37 circuit court judges eligible for senior status and 80 district court appointments when the new president is sworn in on Inauguration Day.

 A Republican staffer said at this point in the Trump administration, 218 Article III judges had been appointed. “We confirmed a total of 234 Article III nominees during the entire Trump administration,” the staffer told The Washington Times. “To date under the Biden administration, we have confirmed 213 Article III judges.”

There are five pending circuit court nominees and 25 pending district court nominees that Mr. Biden has made, “with several unlikely to be confirmed before the end of the Congress,” the staffer noted.

Judicial appointments have become part of the election debate. In the 2016 presidential race, Mr. Trump was credited with winning over conservative voters by releasing a list of his intended judicial candidates.

https://www.washingtontimes.com/news/2024/nov/5/incoming-president-likely-make-100 judicial-appoin/

Where John Thune Stands on Gun Control and the Second Amendment

John Thune will be the Senate Majority Leader starting in January and, as such, he will be the most powerful person in the U S Senate.

Moving up to the Senate in 2005 after six years as a Congressman, Thune has supported key gun rights legislation while in office. He co-sponsored the Protection of Lawful Commerce in Arms Act in 2005, which protects the American firearms industry from frivolous "lawfare" lawsuits, and has repeatedly attempted to move the needle on nationwide concealed carry reciprocity.

He's also butted heads with the ATF and IRS for a decade on topics ranging from banning common ammunition types to questioning unfair tax audits of licensed gun dealers.

Thune is currently a co-sponsor in the Senate of the Constitutional Concealed Carry Reciprocity Act in the 118th Congress. However, he is not a co-sponsor of pro-suppressor legislation such as the SHUSH Act or the Hearing Protection Act.

https://www.guns.com/news/2024/11/14/where-john-thune-stands-on-gun-control-and-the-second-amendment