SAFE Act Revisited

The New York Secure Ammunition and Firearms Enforcement Act of 2013 is commonly known as the SAFE Act.  It has been twelve years since it became law.  (Did you miss the anniversary on January 15th?)  Perhaps you have forgotten about its provisions which, at that time, caused tremendous controversy – and in many cases, still do.

The SAFE Act passed under the "message of necessity" procedure, a device in the New York State Constitution by which the governor may expedite a vote on a bill, bypassing a usual three-day waiting period. (It was signed into law on the 2nd day of the new legislative session.)  The "message of necessity" procedure was intended for emergencies.

The New York State Senate approved the act on a 43–18 vote on January 14, 2013.  The following day, the New York State Assembly approved the legislation by a 104–43 vote, and Governor Andrew Cuomo signed the bill into law less than one hour later.

Some of its provisions are:

(1)The Act broadened the legal definition of assault weapon to include those semi-automatic rifles, semi-automatic handguns, and semi-automatic shotguns which have one or more features listed in the footnote at the end of this article**. This "one-feature test" was a change from the previous "two-feature test," enacted in New York in 2000, which barred such weapons if they had two or more of the enumerated features. 

A "grandfathering" provision allowing those with an assault weapon (under the newer, broader definition), to keep the weapon, but required that it be registered with the New York State Police.  The constitutionality of the assault-weapon prohibition was upheld by Chief U.S. District Judge William M. Skretny in 2013, and this ruling was affirmed by the U.S. Court of Appeals for the Second Circuit in 2015.

(2) Beginning on April 15, 2013, only magazines with a capacity of seven rounds could legally be sold in New York

The Act allowed the continued possession of ten-round magazines purchased before that date, but made it illegal to load more than seven rounds of ammunition into a ten-round magazine. 

The magazine provisions were struck down by Judge Skretny in 2013 and this ruling was upheld by the U.S. Court of Appeals for the Second Circuit in 2015, allowing New York gun owners to "legally load 10 rounds in a 10-round magazine." 

New York had a pre-existing ten-round magazine limit which remained in effect. 

(3) The Act required ammunition dealers to conduct background for direct or internet ammunition purchases.  Online buyers are required to purchase ammunition through a licensed dealer in the state and obtain the ammunition in person.  The fly-in-the-ointment was that no system existed to do this in 2013.  This provision was enacted in 2024.

(3) New York’s Mental Hygiene Law was amended as of March 16, 2013, to add a new reporting requirement for mental health professionals (physicians, psychologists, registered nurses and licensed clinical social workers). 

Mental health professionals providing treatment services to an individual must make a report to authorities, "if they conclude, using reasonable professional judgment, that the individual is likely to engage in conduct that would result in serious harm to self or others." 

The reports (an MHL 9.46 report) are sent to county officials, and if they agree with the assessments, the officials then input the names into the state database where it is retained for five years.

If the person in the database has a gun permit, the license is revoked and gun(s) are seized. The people in the database are barred from obtaining a permit until their names are purged."

Under the health privacy law, HIPAA, because these informational disclosures are required by law, they can be made without the patient's consent.  So, HIPAA protects you from private citizens but not the government.

(4) Owners must report lost or stolen guns and ammunition to authorities.  It is a misdemeanor to fail to report such a loss or theft within 24 hours.

(5) All sellers or other transferors of firearms and ammunition must conduct a NICS check (National Instant Criminal Background Check) of the prospective purchaser or other transferees, in "all sales, exchanges or disposals of firearms, rifles or shotguns" or ammunition, except those between immediate family members,  provided that the transferring family member does not know that the transferee "is prohibited by law from possessing a firearm."

The Act requires that a prospective firearm transferor and transferee process the sale via an FFL, but "does not mandate that FFLs play this processing role."  An FFL, who does elect to provide the service, may not charge the parties more than $10 per transaction.

(6) Gun owners living with a household member "who has been convicted of a felony or domestic violence crime, has been involuntarily committed, or is currently under an order of protection" must "safely store" any guns, using "an appropriate locking device including a trigger lock, a gun safe, or a secure gun cabinet."  Failure to do so was made a misdemeanor.

(7) Holders of handgun permits must re-certify every five years.  In 2022, this was changed to every three years for Concealed Carry (unrestricted) Permits.  

(8) Holders of handgun permit may "request that their application information be made exempt from disclosure under state Freedom of Information Law."

(9) The Act amended New York Penal Law to establish "tougher penalties for those who use illegal guns as well as measures to help combat gang violence."

(10) The SAFE Act contains a severability provision that allows other measures to remain in place in case the broad prohibitions against weapons are invalidated by the courts.

** A pistol is considered an assault weapon if it is semi-automatic, has a detachable magazine, and at least one of:

• a folding or telescoping stock;

• a thumbhole stock;

• a second handgrip or a protruding grip that can be held by the non-trigger hand;

• the capacity to accept an ammunition magazine that attaches to the pistol outside of the pistol grip;

• a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;

• a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the non-trigger hand without being burned;

• a manufactured weight of 50 ounces or more when the pistol is unloaded, or

• a semiautomatic version of an automatic rifle, shotgun or firearm.

• a folding or telescoping stock;

• a pistol grip that protrudes conspicuously beneath the action of the weapon;

• a thumbhole stock;

• a second handgrip or a protruding grip that can be held by the non-trigger hand;

• a bayonet mount;

• a flash suppressor;

• a muzzle brake;

• a muzzle compensator;

• a threaded barrel designed to accommodate a flash suppressor, muzzle brake, or muzzle compensator; and 

• a grenade launcher.

• a folding or telescoping stock;

• a thumbhole stock;

• a second handgrip or a protruding grip that can be held by the non-trigger hand;

• a fixed magazine capacity in excess of seven rounds; or

• an ability to accept a detachable magazine.

A rifle is considered an “assault weapon” if it is semi-automatic, has a detachable magazine, and at least one of:

A shotgun is considered an “assault weapon” if it has at least one of:

• a folding or telescoping stock;

• a thumbhole stock;

• a second handgrip or a protruding grip that can be held by the non-trigger hand;

• a fixed magazine capacity in excess of seven rounds; or

• an ability to accept a detachable magazine.

Andrew Cuomo Might Come Back To Haunt Us  by Bo Rabarsky

Andrew Cuomo was elected Governor of New York in 2010 and then reelected in 2014 and 2018.  Then Governor Andrew Cuomo was the father of the 2013 SAFE Act.  As the 56th governor of New York State, he was, at that time, also the longest serving governor in America, having served 3,887 days in office until he resigned on August 23rd, 2021. 

In 2021 governor Andrew Cuomo decided to - or had to - resign in disgrace rather than face further accusations and a possible investigation into his committing sexual harassment. He also faced intense criticism for the way he handled Covid-19 and the nursing home scandal.

In 2022, he decided not to try a comeback and run for governor against his successor, Governor Kathy Hochul; his poll numbers were very low.

Cuomo’s last New York State financial filing before he resigned (July Periodic, 7/15/21) showed he left with $18,256,818 in his campaign account which could only be used by Andrew Cuomo.

His latest financial filings (January Periodic, 1/14/25) shows Cuomo has $7,709,231 left in his campaign fund. What did he spend $10.5 million on in the past few years?

Cuomo still wanted a political life and decided to spend some of those funds with Bulldog Strategies, a public affairs and consulting company founded and owned by Rich Azzopardi, who was Cuomo's spokesman while he was in office. Cuomo used Bulldog Strategies to help rebuild his image, do polling and now Cuomo wants to run for Mayor of New York City.

In 2024, New York City Mayor Eric Adams was having issues with illegal aliens. Since Eric Adams considered New York City a Sanctuary City, it had been flooded with illegals. The New York State Legislature also provided $2.5 Billion in aid to house and feed illegals. Mayor Adams was on his way to Washington D.C. to see President Biden for even more federal financial aid, when he received a phone call from one of his aids that the FBI was at his office.  A visit from the FBI is generally not a good thing!  Legal problems had begun for NY City Mayor Eric Adams.

A recent poll showed Cuomo leading with 30% of the vote amongst possible NYC mayoral challengers.  Of course, he is currently the benefit of the highest ‘name recognition’ amongst those challengers. Will New York City voters forget the Covid 19 nursing home scandal and the sexual harassment charges?  30% have!

New York State's election laws are a complex set of rules & regulations and will only allow Cuomo to use a small amount from his state campaign funds in the mayoral race. He'll have to go out and raise more funds for his mayoral race.  Meanwhile his millions sit collecting interest. 

Or maybe…

Albany is looking dysfunctional for the 2026 governor’s race.  After assuming the governorship, Kathy Hochul’s first choice for Lieutenant Governor, Brian Benjamin, resigned from office after being indicted on federal bribery and wire fraud charges.  Hochul then appointed Antonio Delgado as Lieutenant Governor.  Now, Delgado has divorced himself from Governor Kathy Hochul.  And with Kathy Hochul’s popularity slightly lower than a communicable disease…

Who knows what the future holds for Democrats in Albany and the governor’s seat. Could Andrew Cuomo use the 2026 New York City mayoral race to get himself back in good graces with Democrats/Progressives and set himself up for another run at governor of the Empire State in 2030? Or will he see a sooner opportunity in 2026 amongst the ashes of Hochul’s governorship?

And remember, he still has $7.7 million he could use in a race for governor.

Movie Review

Some of the most dangerous words in the English language are: “I didn’t really understand it until I saw the movie.”  Movies are not facts!

In 1996, John Grisham wrote a book called Runaway Jury which was about attempts to stack / bribe / threaten a jury in a lawsuit against tobacco manufacturers.

In 2003, a movie of the same title was made about the book with several name celebrities in major roles - but the ‘bad guys’ in the movie were changed to gun manufacturers. 

Rotten Tomatoes’ Critics’ Consensus called it: “An implausible but entertaining legal thriller.”  It was indeed entertaining, highly implausible and, in addition, a propaganda piece for the gun control lobby.

The movie follows a lawsuit where the widow of a man shot and killed by his former co-worker sues the gun manufacturer because the manufacturer made it too easy for a disturbed person to buy a gun. To make that point, a Federal Firearms Licensee (portrayed as a sleaze) is condemned because he lets a ‘straw purchaser’ buy 25 guns a month, month-after-month, and never does anything.  (Apparently, the ATF and the NICS check people were too busy to notice, since none of that is mentioned.) 

Apparently, the murderer walked into an office building in downtown New Orleans with an AR 15 rifle and no one noticed until he started shooting. He must not have taken the bus.  If he drove, was he lucky enough to get a parking space directly in front of the building he shot up?

The heroes and villains are defined unambiguously, with the ‘bad guys’ (gun manufacturers and their lawyer) being unattractive, one-dimensional characters, who all lose their cool, at some point in the film, and blurt out what really despicable people they are.  

And the gun manufacturers contribute millions to the defense team in a scene where they sit around casually drinking whiskey and smoking cigars.  But it’s never revealed who funded the gun control legal team.

On the other hand, home movies are shown of the victim at his child’s birthday party.

The term “Assault weapon” is used often to describe the murder weapon and the gun manufacturer advertises weapons as being ‘fingerprint proof.’  (Can you imagine a real gun manufacturer describing his gun as fingerprint proof?)   

The bad guys are revealed as horrible persons for doing everything they can to subvert the jury and the good guys win - by doing everything they can to subvert the jury. Essentially, the ends justify the means.  Don’t worry about those archaic American principles about right-and-wrong.

Oh wait.  The gun control lawyer believed in right-and-wrong because he chose not to take up the offer to bribe the jury.  But he never bothered to report the bribe to anyone!  That would have been a career threatening legal issue for the lawyer, but if he had reported it the movie would have made even less sense.

And the jury overcomes their initial concerns about the law because they sympathize with the widow, after manipulation by one of the ‘good guys.’

All of the main characters in the film break the law, except for the gun control lawyer and he joins the other main characters in being unethical.  The movies’ “good guys” (gun control enthusiasts) win while breaking the law, but none of those who broke the law are punished. In fact, two of them are made to look like heroes and walk away $15 million richer.  Crime does pay!

So, why this review about a 20 years old movie?

First, the movie just popped up on Netflix, presumably taking advantage of one of its stars, Gene Hackman, just dying.  It will probably be seen by thousands of people.

It is a great example of how the Left sneakily implants their propaganda in the movies and other entertainment forms.

While SCOPE members and just about anyone familiar with the laws surrounding firearm purchases would pick up on the misrepresentations in the movie, people not familiar with the purchase of firearms may swallow this whole.  Fingerprint proof guns being sold?  Sure!  FFL’s selling guns by the dozens to straw purchasers?  Happens all the time!  

At least the murderer didn’t use a “silencer” that went poof! 

Implausible it may be but this is just one of many movies the Hollywood Left uses to push their political agenda.  And the scary thing is that many people will accept it as fact.

Mass Shootings That Weren’t

Criminal use of guns usually makes the headlines.  Defensive use of guns…not so much, as that would justify gun ownership.

The left-wing media concentrates on incidents when guns are used in mass shootings.  What about defensive use of guns that stopped likely mass public shootings?  John Lott has produced a list of concealed handgun permit holders that stopped likely mass shootings, since 2014.  It’s a long list that the main stream media has somehow managed to overlook.  

It is not a list of all defensive gun uses (it’s estimated there are a million defensive gun uses every year) but only those that stopped a likely mass shooting.  It’s probably not all of these incidents since the media doesn’t cover them very well.

 * For more details on all of these incidents, go to the link at the end of this post.

Muncie, Indiana, August 30, 2024

A suspect approached a group of people, waved a gun, and threatened to kill everyone before opening fire. Two witnesses retrieved firearms from their vehicles and shot back, wounding the assailant.

Martinsburg, West Virginia, June 30, 2024

When a godmother realized a man who had confronted her godson in the parking lot of her apartment complex was pulling a gun on him, she came downstairs with a .380 and fired some rounds back at them, which stopped this melee and they took off. 

Statesville, North Carolina, May 25, 2024

A suspect had become angry with his neighbors for playing music and setting off fireworks and decided to fire shots at the group of people that were outside the home. One person returned fire, but no one was seriously injured.

Arlington, Texas, September 28, 2023

A former employee was armed with a rifle and fired multiple shots into a car dealership lobby full of people. When the suspect headed toward the service area, an armed employee told him to leave and they began shooting at each other. The suspect then returned to the parking lot toward his vehicle and was shot in the chest by the police as he pointed the rifle in their direction. 

Las Vegas, Nevada, Friday June 23, 2023

A gunman walked in and fired shots at the front desk. Fortunately, the employee had a concealed handgun permit and was able to quickly stop the attack before anyone else was hurt.

El Paso, Texas, Wednesday, February 15, 2023

A permit holder stopped a shooter who had shot four people and threatened others.

Phoenix, Arizona, Saturday, February 11, 2023

A man was killed after he had entered a restaurant with a gun and fired a number of rounds inside the building.  Another man was inside the restaurant during this incident and shot the individual ending this confrontation. 

Panama City, Florida, January 11, 2023

After being locked out of the business and enraged over lost property, a man got a firearm from his car and began firing into the club occupied by multiple patrons and staff. A patron who is a concealed weapon license holder intervened and fired multiple rounds, striking the suspect at least once.

Tucson, Arizona, December 18, 2022

A suspect was kicked out of the bar because of his disruptive and threatening behavior. He returned shortly after with a rifle and fired a shot into the ceiling. The suspect was shot three times by an armed patron at the bar after he was repeatedly told to put the rifle down but refused.

Chandler, Arizona, December 14, 2022

A man pulled into the employee parking lot of an Amazon facility and opened fire after jumping out of his car.  An armed Amazon worker on the scene saw what was unfolding, and he pulled out his gun and fired at the gunman, wounding him.

Billings, Montana, November 30, 2022

An unruly customer was escorted out of a club.  He then retrieved a handgun from a vehicle and threatened to shoot. Another armed customer outside the restaurant fired the bullet that struck the 35-year-old in the chest.

Detroit, Michigan, August 28, 2022

A gunman killed three people and injured a man and his dog. When an armed bystander saw the shooting, he intervened and stopped the spree killer by drawing his own gun and firing at the gunman until he fled. 

West Palm Beach, Florida, August 7, 2022

A concealed carry permit holder fatally shot a 22-year-old man who brandished a short-barreled shotgun from his car at a family gathering and threatened to fire into the crowd. 

Greenwood, Indiana, July 17, 2022

A heavily armed man had murdered three people and wounded three others when a 22-year-old man legally carrying the gun fatally shot him.

Charleston, West Virginia, May 25, 2022

A man started firing an “AR-15 style firearm” into a crowd. A woman, who was legally carrying a gun, shot and killed him.

South Fulton, Georgia, May 3, 2022

A teenager fired his gun at multiple people. Two men responded by firing back and killing the shooter.

Phenix City, AL, April 13, 2022

After a dispute from earlier in the day, two men returned.  One got out of his vehicle and shot at four people. One of the intended victims with a concealed handgun permit, returned fire, striking both suspects.

Portland, OR, February 19, 2022

A homeowner shot multiple people at a demonstration, killing one woman and injuring several others. A demonstrator, who is licensed to conceal carry a firearm, shot the homeowner.

South Central, Nebraska, October 22, 2021

A fired employee returned to the facility and killed two employees and injured another before another employee shot and killed the gunman.

Lancaster, Pennsylvania, October 17, 2021

A shooting between two teenagers ended when a concealed handgun permit holder intervened,  shooting one of the participants.

Syracuse, NY, August 31, 2021

A property manager saved several lives when he used a legally possessed handgun to fatally wound a man who had opened fire on a crowd.

San Antonio, TX, August 11, 2021

A woman crashed into a parked car and then began shooting indiscriminately as people came out of their homes. An armed resident shot the woman to death.

Fort Meyers, Florida, July 22, 2021

A convicted felon, with an illegally possessed gun, fired multiple shots into a crowd before a bystander with his own gun confronted the attacker. The felon stopped attacking and “threw his gun in a parking lot.”

Chicago, Illinois, July 4th, 2021

Three people standing in an alley were shot before a witness with a concealed carry license shot at the gunman 

Arvada, Colorado, June 21, 2021

A good Samaritan fatally shot a gunman who had just killed a police officer. The Samaritan was mistakenly killed by responding officers.

Fort Smith, Arkansas, May 15, 2021

A man shot an elderly woman in her apartment and then began shooting at people in neighboring apartments. A man used a rifle, not a concealed handgun, to stop the attack.

Metairie, Louisiana, February 20, 2021

After murdering two people and wounding others, armed employees and customers, all with concealed handgun permits, returned fire and eliminated the threat.

Weslaco, Texas, August 17, 2020

A man with an AK47 was planning to shoot people at a Walmart. A customer and security guard held the man at gunpoint and the man put down the gun. The man had another gun on him, which he pulled on police, who returned fire and killed him.

Dallas, Texas, July 25, 2020

Three men were shot and a woman was hit by shrapnel when someone opened fire outside a sports bar.  He was confronted by armed patrons and they exchanged gunfire.  The shooter fled.

Brownsburg, Indiana, July 16, 2020

A 22-year-old man attacked two cemetery workers, killing one.  He shot a third man who was legally armed and shot back, fatally wounding the attacker.

Hummels Wharf, PA, July 11, 2020 

A man killed his ex-wife and another man in the parking lot of a restaurant.  A restaurant customer, who is licensed to carry a firearm, shot and wounded the shooter.

Louisville, KY, June 27, 2020

A man shot a handgun into a park crowd.  Several bystanders returned fire, shooting the assailant in the leg.

Kwethluk, Alaska, May 16, 2020

A 19-year-old man, broke into the village public safety building dressed for combat. He staged rifles inside, and activated the fire alert system and shot at responding officers. A resident armed with a rifle, was able to get the shooter to drop his weapon.

Tulsa, Oklahoma, March 27, 2020

A woman started firing at a group of people who were standing in a parking lot.  An armed citizen shot and killed the assailant.

Near Fort Worth, Texas, December 29, 2019

Three people, including the shooter, were shot in an attack in a church.  The attacker died after being shot by two of the parishioners. Four other parishioners also drew their permitted concealed handguns.

Duncan, Oklahoma, November 18, 2019

A gunman murdered two people in a vehicle before a bystander with a gun confronted him, causing the gunman to turn the gun on himself.

Newnan, Georgia, August 13, 2019

A gunman intended to shoot up a bar when an off-duty employee took a small caliber rifle from his SUV and shouted at the gunman, who opened fire, hitting the employee.  The gunman fled but was later arrested.

Colonial Heights, Tennessee, February 13, 2019

A shooting at a dentist office in Colonial Heights, Tennessee was stopped by a concealed handgun permit holder. After the killer fatally shot his wife, he turned his gun on other people in the office.  A patient shot the killer and kept him covered until police arrived.

Birmingham, Alabama, October 27, 2018

A masked man entered a McDonald’s restaurant and immediately started firing his gun. A concealed handgun permit holder returned firing killing the attacker.

Louisville, Kentucky, Wednesday, October 24, 2018

A white racist murdered two blacks in a Krogers but a white bystander with a concealed carry permit engaged the murderer.  Multiple rounds were fired and no one was injured.  The murderer fled the scene and was later taken into custody.

Titusville, Florida, August 4, 2018

A gunman opened fire at a park full of kids.  The gunman was confronted by a citizen with a concealed weapons permit.  The gunman pointed the firearm at the concerned citizen who shot the gunman.

Tumwater, Washington, June 18, 2018

An attacker carjacked a vehicle, drove to Walmart, stole ammunition and continued shooting at people. He unsuccessfully tried to carjack another vehicle, seriously wounding the driver before two armed customers shot him dead.

Oklahoma City, Oklahoma, Thursday, May 24, 2018

A man shot at people from outside the front door of a restaurant.  An off-duty security guard and another man who was legally open carrying a gun shot and killed the attacker.

San Antonio, Texas, December 7, 2017

A man with a gun was about to start shooting a father’s children as the children were walking out of a restroom.  The father shot and killed the attacker.

Rockledge, Florida, November 17, 2017

A man killed one person and severely wounded another in a parking lot and then continued shooting inside a car repair shop.  Two other workers, both concealed weapons permit holders, engaged in a shootout that left the suspect wounded.

First Baptist Church of Sutherland Spring, Texas, November 5, 2017

A former NRA instructor, who lives next door to a Church where 26 churchgoers were being murdered, grabbed his AR-15-style rifle after hearing the gunfire and went over to investigate. He shot the murderer in the leg and torso before the murderer fled the scene, but was later arrested.

Clearlake Oaks, California, October 23, 2017 

A shooter killed one person and wounded seven in a rampage that started in a neighborhood and continued to two gas stations and a church.  A gas station vendor exchanged fire and a concealed carry church usher eventually held the murderer at gunpoint until police arrived.

Arlington, Texas, May 3, 2017

A man, who had already killed one person, was shooting at the front door of a restaurant as customers were fleeing.  A concealed carry customer, who was dining with his wife, shot and killed the murderer.

Townville Elementary School, September 28, 2016

A 14 years old boy killed his father and then began shooting at a school playground.  One student was killed and three were wounded.  A volunteer firefighter, who possessed a valid firearms permit, restrained the shooter until law enforcement officers arrived.

Lyman, South Carolina, June 30, 2016

A man started to shoot three people in a nightclub.  Permitted concealed handguns were allowed in bars in South Carolina and a permit holder was able to shoot back, wounding the shooter in the leg and stopping him.

Winton, Ohio, Sunday, July 26, 2015

A shooter fired at four different people. A legal concealed carry holder returned fire.  No one was hit and the shooter withdrew.

Conyers, Georgia, Sunday, May 31, 2015

A man came into a liquor store firing a handgun, killing two people.  A customer fired back at the murderer.  The assailant fled but later died. 

New Holland, Wisconsin, May 5th, 2015

A man pulled up to a crowded fire station parking lot full of children and firefighters and began firing in the air and at his vehicle.  He also pointed the firearm at individual firefighters.  Two firefighters who have concealed weapons permits pulled their guns on the gunman who ultimately complied and was disarmed.

Chicago, Illinois, April 19, 2015

An Uber driver with a concealed carry permit pulled a gun and opened fire on a man he saw firing a pistol into a group of people.  The shooting stopped when the assailant was wounded several times.

Philadelphia, Pennsylvania, March 22, 2015

A man in a barber shop was arguing and took out his gun and opened fire on customers and barbers.  Another man outside heard the gunfire, ran into the shop, took out his own gun and opened fire, striking the assailant in the chest.

Darby, Pennsylvania, July 25, 2014

A convicted felon killed a caseworker during a regularly scheduled appointment.  A doctor in the vicinity had his own gun and returned fire, hitting the murderer three times and critically wounding him.

Chicago, Illinois, July 7, 2014

A man fired on a group of people leaving a party, only to be shot himself by one of the victims, a military service member with a concealed carry permit.

Portland, Oregon, January 11, 2014

A man was ejected from a nightclub, but he returned 30 minutes later with a gun and shot a bouncer and two others.  A second bouncer, a concealed handgun permit holder, fatally shot the assailant.

* UPDATED: Compiling Cases where concealed handgun permit holders
have stopped likely mass public shootings (crimeresearch.org)

THE HOCHUL WALK OF SHAME  by Jim Tuttle

Let’s look at New York Governor Kathy Hochul’s willful failures as well as her intentional and criminal failures. 

Upon taking office Mrs. Hochul pledged the following.  “I do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of New York, and that I will faithfully discharge the duties of the office of Governor of the State of New York, according to the best of my abilities.”

The oath is to support and uphold the Constitution of the United States. Since then, she has often conducted herself contrary to this oath. Let’s look at how she has done this.

She has always supported the NYS Safe Act. The Safe Act is not one law but rather a name given for a series of changes to several different NYS laws, over the years.  None of those changes made a weapon safer to operate, or less dangerous. Firearms only become dangerous in the hands of the wrong person. 

In addition, these changes were mostly cosmetic in nature.  Ban it if it has a bayonet mount or a large capacity magazine or looks like a military weapon, and on-and-on.  In direct contrast to the 2nd Amendment to the Constitution of the United States, these changes were intended to infringe on the civilian ownership of a weapon and not intended to make society safer. 

Later she formulated an enhanced Safe Act, which included “Red Flag” Laws. These are laws having to do with individuals with criminal histories, histories of domestic violence or others that she deemed unfit to own a firearm.  It might sound good but to accomplish this she had to violate the “Due Process” clauses of the 5th and 14th Amendment.

At that time, she also provided NYS taxpayers’ monies to the NYS Police to create a gun owner registration. This was accomplished by requiring the NYS Police to perform background checks (NICS) on anyone purchasing not only a firearm, but any ammunition.  The ammo provision is a delaying tactic (harassment) that could take from two hours to two weeks (or more) to accomplish.  She also created a fee system to put an extra burden upon the ammo purchaser.

Most importantly, she made a very extensive list of places that she deemed that firearms could not be carried: schools or school events; churches; public events; sporting events; private property; and the list goes on.  In reality, all she did was create free fire zones, with a target rich environment. Anyone who wanted to do a lot of damage would have free reign in these areas. As far as I’m concerned, this was an act of criminal negligence. 

Additionally, she further endangered our children by prohibiting the purchase of any type of body armor or bullet proof vest.  Since it has been a serious crime to wear such an item during the commission of a crime for twenty years of more, this was an unnecessary act and only served to endanger citizens. (A further form of citizen disarmament.) Formerly, parents were able to purchase Kevlar lined backpacks for their children.  They can no longer do that.

With these new laws at her disposal, she still has completely failed in her stated goal: “Public safety is my top priority and I won’t rest until everyone is safe and feels safe in New York State”.  Yet, an individual who was very well known to local police, probation officers, family court, criminal court and the New York State Police, and not one entity met their responsibility.  As a result, this person went to Buffalo NY and shot and killed several people.  Kathy Hochul never took responsibility for her incompetence and the failure of all the laws. Instead, she took less than twenty - four hours to blame the tool (weapon) to promote her agenda. (She always uses her failures to promote more gun restrictions).

During the same time that she has continually violated our 2nd amendment rights, she encouraged places like New York City, Buffalo, Rochester, Syracuse and more, to become sanctuary cities, inviting very dangerous criminals into this state.

A no bail policy was instituted, encouraging these criminals to continue and even escalate in their activities, all in direct violation of the nation’s laws and the laws of NYS. I’ll never understand how a person can be arrested almost forty times and still be on the street.  Apparently, Hochul has no problem with this.

I could go on-and-on about the contract frauds, (which she prevents from being made public,) or the lies connected with solar power - don’t get me started on that subject.

I’ll close and leave you with this thought.  With about five-million-gun owners in this state, more than ever, we need to actively promote our cause, which is the protection of our families and our 2nd Amendment rights - or lose them forever.

One party rule in Albany is going full force in attacking Constitutional Rights!   by Bohdan Rabarsky

Legislative bills have a shelf life of two years, ending in even numbered years.  Therefore, all gun bills introduced in 2023, expired at the end of 2024.  They have to be reintroduced in 2025 as a new bill with a new bill number.   

The New York State’s 2025 Legislative Session started on Jan. 8th and it didn’t take long before Democrats in Albany started writing gun bills. Within the first ten session days, they had sponsored 50 gun-related bills.

Like everything in life, not all gun bills are created equal. There are gun bills they actually plan on moving forward through the system, with a chance of making it to the governor's desk to be signed into law.  

In other instances, leadership assigns bills to be written by certain legislators, so the legislators can go back to their constituents and show they’re fighting for them. Many of these bills don't have a chance of becoming law, but it makes the Legislator look good.

Though a bill has not passed in the past, in New York State they are still lurking out there and that makes them dangerous.  Here’s a couple examples 

One of these bills is S1358 sponsored by state Senator Jose Serrano (D-29, New York City). This bill would require all pistols to be equipped with a permanent “Child Proofing Device”. Senator Serrano first sponsored this bill in 2009 and 8 more times since then. Each year the bill was referred to the codes committee or, to put it into baseball terms, it made it to first base and never went any further. 

Another bill S418 sponsored by Senator Michael Gianaris (D-12, Fordham Heights). This bill prohibits the purchase of more than 1 firearm during any period of 30 days. Senator Gianaris first sponsored this bill in 2011 and 7 more times since then. This bill was referred to codes, but it never made it past first base.

One thing these two bills have in common is that both are sponsored by Democrat legislators from the New York City area. More than likely, none of the Democrats that have sponsored these gun bills own a gun or have ever held or fired a gun. Come to think of it, almost every unconstitutional gun bill sponsored by a Democrat comes from New York City or one of the surrounding counties.

All legislators take an oath of office to uphold the Constitution, but seem to skip over the 2nd Amendment.  Below is a partial list of the Democrats, the districts they represent surrounding New York City and some of the bills they've sponsored.

D-12 Michael Gianaris, New York City                           S418

Only 1 firearm purchased every 30 days.                                                                                                                                     

D-14 Leroy Comrie, New York City,                               S2158    

Microstamping

D-29 Jose Serrano, New York City,                                S1358

Firearms not usable by 5year old

D-38 Jenifer Rajkumar, New York City,                        A2228, A2060

3D printed NICS check and ID #

D-88 Amy Paulin, Scarsdale,                                          A346, A198

Minimum age of 21, waivers  

D-81 Jeffrey Dinowitz, Riverdale,                                 A437

Required warnings                                                                                  

D-47 Brad Hoylman-Sigal, Manhattan,                       S227, S3833

3D Printers and Licensing, dart and stun guns                                          

D-67 Linda Rosenthal, New York City,                         A1764

Marketing firearms to minors

D-31 Khaleel Anderson, New York City,                       A3021

Microstamping                                                           

D-73 Alex Bores, New York City,                                    A1191

Personalized handguns                                                         

D-58 Monique Chandler Waterman, New York City, A2084

Establish office of gun violence prevention

Notice the number of 3D Printer proposed bills.  NY City based legislators obviously do not know that every LEGAL firearm must have a certain amount of steel in it (that makes it detectable to a metal detector.)  They want to make illegal what is already illegal!

Our Governor at Work

It’s doubtful if anyone could paint Kathy Hochul as anything but an enemy to the 2nd Amendment.  She doesn’t let the U S Constitution or NY State laws stop her and not just in her opposition to guns*.  Politics seems to trump concern for the people of New York State.

For example.

As SCOPE reported on January 16th, NY Congresswoman Elise Stefanik is President Trump’s nomination to be his Ambassador to the U N.** 

Once confirmed and Stefanik resigns, under the current law, Governor Hochul will have 10 days to schedule a special election in the following 70 to 80 days.  So, Stefanik’s 21st congressional district will have up to three months without a Representative.  Did I mention that the 21st is a solid Republican district?  With Republican control of the House of Representatives so close, a vacant Republican seat would make their majority ultra-thin, but only last for about three months.   

Thus cometh NY Senate bill S4588*** which would move the election to replace Stefanik to November, keeping the House Republican majority ultra-thin for an added six months.

Here is the rational, directly from the bill:

“New York's current system of filling federal and state elected office vacancies places undue financial and operational burdens on local boards of elections and exacerbates voter confusion and fatigue by asking voters to frequently participate in elections throughout the year.”

(Where was all this concern about fiscal issues and voter confusion and exhaustion in 2022 when the Democrats were overturning a redistricting commission that they established?)

With such a “noble” rationale behind the bill, one would think that Governor Hochul would leap to defend it.  Not so!

Hochul tried to distance herself from the plan to hobble President Trump’s agenda.  She claimed she had nothing to do with the plan even as the state Senate Majority Leader Andrea Stewart-Cousins contradicted Hochul’s stance and said: “It began with her.”  Apparently, House Minority Leader and Brooklyn Rep. Hakeem Jeffries (D-NY) was also involved in the effort but, somehow, Hochul claims knew nothing about it.

That the people of Stefanic’s district will not have any representation in Congress until November is just collateral damage to Hochul’s pursuit of political power.

Then there is this example.

Last September, prosecutors at the Southern District of New York indicted NY City Mayor Eric Adams.  He was accused of receiving benefits from Turkish nationals which, prosecutors alleged, led to a quid pro quo. 

Adams pled not guilty in court.

On February 10th, 2025, Deputy Attorney General Emil Bove said in a letter that the case cannot be brought until after this year’s mayoral election. The directive from Bove makes no assessment on the strength of the evidence against Adams and only delays any action, but he says it is hindering Adams' ability to address the immigration crisis.

NY City has been a Sanctuary City for illegal aliens, which definitely hinders everyone’s ability to address the immigrant crisis – if one wants to address it and Hochul has made it clear she does not want to address it.

Eric Adams has said he met, on February 13th, with President Trump’s border czar, Tom Homan to prepare for U.S. Immigration and Customs Enforcement (ICE) agents to resume operations on Rikers Island, which houses the NY City’s largest jail.

On February 14th, Adams said that he wants to loosen New York City’s sanctuary laws to allow the NYPD to cooperate with ICE

On February 18th, it has been reported that Governor Kathy Hochul is considering removing Adams from office as NYC Mayor.  As governor, Hochul has the power to remove Adams from office, but that authority has never been used in the state’s history. 

(Since New York State was officially formed on July 26, 1788, no New York City mayor has deserved being removed from office?  From the founding of our state until the 1930’s, Tammany Hall was the main local political machine of the Democratic Party and played a major role in controlling New York City and New York state politics but no Mayor in all that time was ever deserving of removal from office for corruption, until Adams?)

There are many unknowns around these actions and accusations and given NY City politicians are involved there are probably no ‘clean hands.’  But the important fact is certain; Hochul showed no public interest in removing Adams from office when these charges were made.  After Adams said he will cooperate with ICE, Hochul is swiftly motivated to take action.

Draw your own conclusions about her political motives.

And then there is “Congestion Pricing” for NY City.

Congestion pricing is a system that charges vehicles $9 during peak hours for entering Manhattan's Congestion Relief Zone (CRZ) — the area below 60th Street, excluding certain highways like the FDR Drive and West Side Highway.

As one can imagine, another ‘tax’ on the middle class was not popular.

It was scheduled to go into effect this past Summer, but Governor Hochul abruptly halted the plan. At the time, she said she worried it would cost motorists too much money. 

(Could she have been more worried that it would cost democrats votes?)

Once the presidential election was over, Congestion Pricing reappeared and took effect on January 5th.  (Maybe votes were her motivation!)

So, why this civics lesson centered on Kathy Hochul.  Politics is dirty and Hochul is not the only one wallowing in the mud.  But many gun owners don’t want to get involved because they don’t believe Hochul and company are coming for their guns.  But as the above examples indicate, the Constitution and laws are considered a hindrance, not a guidance for Hochul and friends.  They may not appear to be coming for your guns – yet – but don’t be deceived by their current actions and words.  They are coming.  It’s not if but when.

Ask yourself this question: do you trust Kathy Hochul after reading he above examples?

* See the Concealed Carry Improvement Act for proof.

** S.C.O.P.E. Shooters Committee On Political Education -
Biden, Reciprocity, Stefanik and Hearing

*** Bill Search and Legislative Information | New York State Assembly

Sale of Child Operated Firearms

To date, there have been five proposed bills introduced in the New York legislature having to do with age restrictions for firearms.  One of those is especially bad!

New York State Senate bill S1358 was introduced by four Democrat Senators in January and referred to the Codes Committee.  It’s summarized as “Sale of child operated firearms.”

Does that bill refer to selling firearms meant only for children?  (That would not be a problem since no one manufactures firearms for children.)

Nope.  Under that harmless sounding name lies a more sinister purpose.

If passed, one year after being passed, in New York State, you will not be able to buy a newly manufactured firearm that has not been “childproofed” against a 5 year old.  Basically, firearms that are widely available almost everywhere else in the United States would be illegal to sell in NYS.    

The bill actually says:

“No person, firm, limited liability company or corporation engaged in the retail business of selling rifles, shotguns or firearms shall sell, deliver or transfer any child operated firearm to another person.”

What is a child operated firearm?

"Child operated firearm means a pistol or revolver manufactured twelve months or more after the effective date of this section which does not contain a childproofing device or mechanism incorporated into the design of such pistol or revolver to effectively preclude an average five years old child from operating the pistol or revolver.”

How does one child proof a firearm to comply with this law?

“Such devices or mechanisms shall include, but not be limited to:

• the capacity to adjust the trigger resistance to at least a ten pound pull; 

• the capacity to alter the firing mechanism so that an average five year old child's hands are too small to operate the pistol or revolver;

• the capacity to require a series of multiple motions in order to fire the pistol or revolver.”

The way the bill is written, a firearm must have all three of the above, not just any one of the three.

Does this technology even exist?  (Remember, the lack of an effective technology did not stop multiple states from requiring “micro-stamping.”)

Would it make the firearm almost unusable by an adult?

What’s the penalty for selling, a non-child proofed firearm?

“Any person, firm or corporation who violates the provisions of this section shall be guilty of a class A misdemeanor.”

The bill only addresses selling these guns.  Could one buy a non-child proofed firearm in another state?

Answer: the gun grabbers in New York would certainly try to stop this with a future bill!  The already tried this in another case.

On February 9th, SCOPE sent an email** explaining proposed bill A00929 which would violate the “Interstate Commerce” clause of the United States Constitution in order to allow NY Attorney General to prosecute New Yorkers and gun sellers who buy guns or ammo in another state without “without contacting the New York state police for authorization.”

Has lack of technology or violation of the United States Constitution ever stopped Kathy Hochul and the New York Legislature?

You might consider dropping your state Senator or Assembly-person a line and tell them how much you dislike this bill.

** S.C.O.P.E. Shooters Committee On Political Education - Assembly Bill A00929

Presidents’ Day

Technically, George Washington was born on February 11th under the Julian calendar, which was still in use for the first 20 years of Washington’s life.  The Gregorian calendar, intended to more accurately mark the solar year, was adopted in 1752, and added 11 days.  Washington’s birthday moved to February 22nd.

In 1879, Washington’s birthday on February 22nd became a legal holiday for federal employees in the District of Columbia.

In 1885, it grew to include the entire nation.  (Joining just four other bank holidays that the federal government recognized at that time: Christmas Day, New Year's Day, Thanksgiving, and Independence Day.)

Some states like New York (not the federal government), also celebrated Lincoln’s birthday on February 12th 1809.  Lincoln’s birthday was never a federal holiday.

Congress proposed the Uniform Monday Holiday Act. The idea was to move several holidays to various Mondays throughout the year, giving workers a few three-day weekends off. During debate on the bill, it was proposed that Washington’s Birthday be renamed Presidents’ Day to honor the birthdays of both Washington and Lincoln. Following much discussion, Congress rejected the name change. But the idea of adding more three-day weekends was popular enough that the Uniform Monday Holiday Act passed Congress in 1968.

In 1971, the Uniform Monday Holiday Act took effect. Washington's Birthday holiday was moved from February 22 to the third Monday of the month.  That it splits the difference between Washington and Lincoln’s birthdays is probably not a coincidence, but it is nothing official. The third Monday in February remains only "Washington's Birthday" in federal law. 

However, many states have official variations which include: Washington and Lincoln’s Birthday; Presidents’ Day; Washington’s Birthday; Washington and Jefferson Day.  And some states have a separate state holiday for President’s Day.

The holiday was never ‘President’s Day’ at the federal level but that has become its unofficial title.

Some object to honoring all presidents, just because they had been president, and do not like the title President’s Day.  I’m sure the readers could quickly name a few!

However, if you are going to honor February birth presidents, another president that many feel deserves special recognition was born on February 6th; Ronald Reagan.

MCC’s

Merchant Category Codes (MCCs) classify merchants and businesses by the type of goods or services provided.  Most businesses have one (1) code that covers all purchases.  Historically firearms and ammo purchases were included under a general sporting goods code (5941) under the MCC.

Financial Services companies such as credit card companies use these codes.

The International Standards Organization approved creation of a separate code for guns and ammo, under pressure from the gun control activists, worldwide.

The Biden administration, of course, pushed American financial institutions to adopt this, which is a backdoor into a gun registry.

At the individual state level, California Governor Gavin Newsom became the first governor in the country to enact the MCC firearm credit card code. Colorado Gov. Jared Polis followed suit.  New York Gov. Kathy Hochul joined in by becoming the third state to enact the firearm retail store MCC. 

Hochul expressed the real reason for the code change: “We’re also going to require credit and debit card companies to track purchases at gun dealerships, and make it (possible), in turn, for us to monitor the sale of guns and ammunition.” 

As usual, this effort of the gun grabbing left has lots of holes in it, the main one being that one (1) code applies to all purchases at that business.

Even the anti 2A Bloomberg News reported: “The payment network and its banking partners would have no idea if a gun-store customer is purchasing a [firearm] or safety equipment.”

Hochul suggests NYS can flag “suspicious” purchasing behavior.  A “suspicious” purchase” would prompt a bank to file a Suspicious Activity Report to the Treasury Department’s Financial Crimes Enforcement Network.  However, the banks haven’t defined what would be a suspicious purchase, in this case.

Are all purchases under the new code ‘suspicious?’  Hochul would say yes!

Will buying boxes of shotgun shells, waders, decoys and a hunting license at a local retailer be flagged with the MCC.

To remedy this, the Protecting Privacy in Purchases Act (PPPA), was introduced by Representative Riley Moore (R-WV) and 25 House colleagues.   It would prohibit a credit card network from requiring firearms retailers to use or assign a special merchant category code that distinguishes such a retailer from a general-merchandise retailer or a sporting-goods retailer.  A firearms retailer may not be assigned any merchant category code that distinguishes the gun dealer from a general-merchandise retailer or a sporting-goods retailer.

Not only would this protect gun owners from one form of government intrusion, it would eliminate a lot of bureaucratic created confusion. 

A similar bill, HR 7450, was introduced in a previous session of Congress, but it did not come up for a vote.  The new version does not yet have a bill number, as of this writing.  

2A defenders are encouraged to write their congressperson to support this bill.

NYS Congress printable .pdf