RIFLE, the ATF, Suppressors and Lead Ammo

Representative Tracey Mann (R-KS) is introducing legislation to put the ATF’s ‘zero tolerance’ policy toward Federal Firearm Licensees (FFL’s) in check.  The legislation is titled the Reining In Federal Licensing Enforcement (RIFLE) Act.

The RIFLE Act:

• ensures that the ATF gives FFLs a chance to comply before ATF moves to revoke a license,

• clearly defines and strengthens what constitutes a willful violation, imposing a presumption that there is no willful violation absent clear and convincing evidence,

• allows FFLs to review and appeal ATF determinations before an administrative law judge,

• reimburses FFLs for legal fees incurred while the ‘zero tolerance’ policy is in effect,

• automatically reinstates and approves licenses suspended, revoked, or denied while ATF’s zero tolerance policy is in effect,

• reimburses FFLs who were victims of the ATF’s ‘Zero Tolerance’ policy.

According to Mann’s office, in 2024 alone, ATF saw the highest levels of gun store license revocations in 20 years, which was the third consecutive year of increased license revocations under President Biden. The Biden Administration recently claimed it reversed its Zero Tolerance policy but it appears to remain fully in effect.

Representative Mann told Breitbart News, President Biden’s zero tolerance policy undermined the Second Amendment and trampled on the constitutional rights of law-abiding citizens.

New York Congresswoman Claudia Tenney is one of the bill’s cosponsors.

But don’t get too excited…

Steve Dettelbach is out as the head of ATF and Deputy Director Marvin Richardson will return as the default head of the embattled agency.

Ammolandreports: “Richardson was the driving force behind the ATF’s war on pistol braces and privately manufactured firearms…Even though Richardson was only an acting assistant director at the time, pushing to go after braces was his idea.”

The pistol brace rule was defeated in multiple courts, but the ATF recently asserted that braced pistols still need to be registered with the NFA and that the owners still must pay $200 for a tax stamp. The ATF then reluctantly backed down under threat of further legal action.

Dettelbach is a prime example of the Swamp denizens that believe they – and not Congress – make the laws. 

President Trump cannot appoint a new ATF Director fast enough!

More about Silencers / Suppressors.

Last week, SCOPE reported that the Hearing Protection Act was being introduced in Congress; it would remove suppressors from the burdensome requirements of the National Firearms Act (NFA).

The bill demands the destruction of all current NFA registration records of silencers/gun mufflers within 365 days of the Act’s enactment.

It’s reported that there are some complicated provisions that are intended to deal with the various state laws concerning suppressors.

In addition, it is unclear how the eight states that currently ban ownership of silencers / suppressors would fare under this bill. (NY is one of the eight states.) 

In addition, Illinois’ ban on ownership is being challenged in federal court in Illinois.

The text of the Hearing Protection Act has not been officially entered into the House of Representatives as of this writing, 

New York Congresswoman Claudia Tenney is also one of this bill’s cosponsors.

Back to lead ammo…

The U.S. Fish & Wildlife Service (USFWS) Final Rule published in 2023 opened hunting and fishing opportunities on eight National Wildlife Refuges (NWRs),

but

banned the use of lead ammunition and fishing tackle.

Representative Rob Wittman’s (R-Va.) introduced H.R. 556, the Protecting Access for Hunters and Anglers Act, which would prohibit USFWS, the Bureau of Land Management  and the U.S. Forest Service from banning the use of traditional lead ammunition and tackle unless they have approval by the applicable state fish and wildlife department and proof that lead ammunition and tackle is primarily causing wildlife population decline.

Many argue that there is no scientific evidence that lead ammo is detrimental to wildlife.  This law would require scientific evidence to back up any lead ammo bans.

An Elderly Man . . .

At 1PM, yesterday, a man walked up to the White House and asked to speak to President Biden.

The guard responded that “Joe Biden is not President anymore.”

At 2 PM the same elderly man again approached the White House and asked to speak to President Biden.

The guard again responded that “Joe Biden is not President anymore.”

This continued for several more hours until the guard asked, “Why do you keep doing this?  I keep telling you that Joe Biden is not President anymore.”

“I know”, the man responded, “but I just love hearing it.” 

More Good News

Last week, SCOPE wrote that bills have been introduced in Congress for Reciprocity between states on gun licenses and changing the law on Suppressors / Silencers.

More is happening.

NY Representative Claudia Tenney has introduced the “Second Amendment Guarantee Act” (SAGA).  It’s a bill that would prohibit states from banning the manufacture, sale, importation, or possession of rifles and shotguns that are lawfully permitted under federal law. One of the cosponsors is NY Representative Nick Langworthy.

Basically, it would preempt state-level firearm restrictions, including New York’s SAFE Act, which was signed into law by former Governor Andrew Cuomo.  Tenney described the SAFE Act as unconstitutional and said her proposed federal legislation would not only nullify the SAFE Act but would also block other states from passing similar gun bans.

On another front…

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) acknowledged that it has over 920 million firearms records, (920,664,765 records).  The ATF is not legally allowed to keep a registry but has played fast and loose with semantics to claim that its database is not a registry because it isn’t searchable.

2nd Amendment defenders have long worked against such record keeping as an aid to any gun confiscation efforts.

Texas Representative Michael Cloud and Idaho Senator Jim Risch introduced legislation to block the formation of any federal gun registry, the “No REGISTRY Rights Act.” (NRRA.)  It’s designed to protect 2nd Amendment rights while also addressing the overreach of the ATF, (which ran wild during the Biden administration.)  The NRRA would: require “the ATF to delete all existing firearm transaction records, dismantling the current database;” allow “FFLs to destroy transaction records when they go out of business, preventing further accumulation by the ATF;” prohibit “any federal agency from creating or maintaining a firearms registry in the future.”

Or, why not just get rid of the ATF…

Representative Eric Burlison of Missouri announced H.R. 221 to abolish the ATF.

Burlison is quoted as saying, “The ATF is emblematic of the deep-state bureaucracy that believes it can infringe on constitutional liberties without consequence. If this agency cannot uphold its duty to serve the people within the framework of the Constitution, it has no place in our government.”

The future of these proposed legislations is unknown but what is important is that the pro-2A Republicans are going on the offensive.  For too long, 2A has had to play defense.  It’s time the anti-2A’s spent their time on defense.

Hopefully, at some point, we will see the Constitutional balance returned.   

Not a proposed law but of interest to 2Aers…

Facebook founder Mark Zuckerburg announced that Facebook would be dropping its “fact-checking network” and move to a “community notes” style system similar to the system on X.

Facebook used to count on fact-checking partners to cut down on so-called “disinformation.”   That some of this disinformation was actually true was just an inconsequential casualty in their war on the political Right. 

Will the new policy apply to firearms?  Meta has said it will only ban illegal materials, and firearms are legal in the United States.  If Meta is to be believed, it will lift restrictions on gun content. 

Will social media platforms become neutral to guns, or is it just lip service?  We shall see…

After the election, Zuckerburg was one of the CEO’s that made the trip to Mar A Lago to kiss Trump’s feet (or perhaps kiss something anatomically higher.)

This is important since many people get their news from social media posts and, in the past, it has been a constant drumbeat of Democrat political propaganda.  When all you hear is that guns are bad without any response, you tend to believe it to be true. 

Many leftist political commentators are condemning Zuckerburg’s and Elon Musk’s moves to make their social media companies more neutral instead of far-left parrots.  It’s like complaining that the referees are enforcing the rules against both teams.

Biden, Reciprocity, Stefanik and Hearing

2nd Amendment defenders should be happy that Joe Biden is riding – into - the – sunset and it’s probably best to forget Obama 2.0 as just a bad mistake.  Move on!  But in case anyone tries to rehabilitate his reputation on 2A matters (or his Vice President should reappear on national politics), here is a handy resource out of Ammoland, that covers their many anti-2A efforts.

An In-Depth Look at our Incompetent President’s Antigun Actions

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Reciprocity between states on gun carry is becoming a bigger deal and proposed bills are being introduced.  The upcoming edition of Firing Lines has a big article that explains the ins-and-outs of Reciprocity.

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Elise Stefanik is the Congresswoman for NY’s 21st Congressional District and President elect Trump has nominated her to be his Ambassador to the U N. 

She is off to a good start.  In November, she denounced the U.N. as a corrupt "den of antisemitism."  Trump is not a fan of the U N, so this could get interesting. 

However, with the Republican control of the House of Representatives so close, the election for her replacement will be critical to both parties.  She is not expected to resign her House seat until confirmed by the Senate.  Once confirmed and she resigns, Governor Kathy Hochul will have 10 days to schedule a special election in the following 70 to 80 days.  So, the 21st will have about three months without a Representative.

The 21st is rated a ‘solid’ to ‘safe’ Republican district and Stefanik won in November 215,996 to 132,447.

In lieu of a traditional primary election, the Republican and Democratic nominees will be internally selected by the party committee chairs for each of the district’s 15 counties. 

The issue is far from decided as GOP sources told the Albany Times Union that Assemblyman Chris Tague, former congressional candidate Liz Joy and Rensselaer County Executive Steve McLaughlin are currently the leading potential candidates.  The party chairs have also considered a range of New York Republicans, including NY State Senator Daniel Stec, former U.S. Senate nominee Joe Pinion, Rome businessman Joe Rutkowski, StickerMule CEO Anthony Constantino, Assemblyman Robert Smullen and Ogdensburg native Josh Parker.

All the leading candidates are considered strong supporters of Donald trump.

The Republican’s selection process is also politically tethered to the Conservative Party, whose chairs in the district are expected to try to align their selection with the GOP’s. 

Although a solidly Republican district, Democrats are hopeful that the tight timeline of the special election will help them make inroads.

Lynne Boecher, chair of the Warren County Democratic Party, said that the party chairs had interviewed 10 candidates for the nomination. They will soon be moving forward with a “select number” for follow-up interviews, 

One Democratic hopeful, Blake Gendebien, has already raised $265,000 toward his campaign. Gendebien runs a 1,000-acre dairy farm in St. Lawrence County and previously served on the Lisbon Central School Board. He joins 2024 NY-21 contender Paula Collins as a candidate for the nomination, as well as retired Army Lt. Col. Steven Holden, Jay town Councilman Knut Sauer, Middleburgh Mayor Timothy Knight and Clinton County educator Rod Driscoll. 

SCOPE will keep you informed on this important election as things start to sort out.

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Congressman Ben Cline (R-VA), joined by 38 additional House Members, reintroduced the Hearing Protection Act in the 119th Congress as H.R. 404.  NY Congresswoman Claudia Tenney is a co-sponsor.

The Hearing Protection Act would remove suppressors from the burdensome requirements of the National Firearms Act (NFA) and require purchasers to pass an instant NICS check.  This change will make it is easier for law-abiding hunters and sportsmen to access these hearing safety devices.

New York State is one of the few states where hearing suppressors (aka silencers) are illegal.

AN ASSASSINATION IN MANHATTAN

    Oneida-Herkimer SCOPE Chapter Chairman Bo Rabarsky recently sent the following letter-to-the-editor.  It highlights the hypocrisy of the left when it comes to gun control (or just about anything else.)

   On Dec. 4^th 2024, Brian Thompson, CEO of United Healthcare was murdered on the streets of New York City in broad daylight, by someone that had stalked him and stood by waiting for him. The killer had left behind a few shell casings with a cryptic message written on each casing. Photos started circulating of the alleged assassin, how he had arrived in NYC, how he got away and where he was possibly headed. A reward was quickly established by the NYPD and rumors started circulating as to why the CEO was killed.

   Normally, in a highly publicized killing as this, national gun control groups such as Everytown for Gun Safety, Moms Demand Action & Guns Down America come out before all the facts have been gathered and demand Congress come up with a comprehensive gun control plan. They’ve been completely absent from this shooting and the gun hasn’t been the focus, at all, as it is in most shootings. The alleged killer has been the focus for a change.  Imagine that, they’re actually focusing on the person who pulled the trigger, but in a sick and perverse way.  Certain media has been idolizing the killer with justifications for the shooting.

   In an interview on the Piers Morgan show, Liberal commentator Briahna Joy Gray admitted that she has no empathy for the slain CEO Brian Thompson. Washington Post journalist Taylor Lorenz said she felt “Joy” along with many other Americans.

 Since when have Americans as a society lost our morals to the point where murder is ever justified? Do these gun control groups condone such a heinous crime as justification against the corporate world? Is that why they're all sitting quiet for a change?    

  I suppose we should be happy that at least one murder is not blamed on the gun, as if the gun had a will of its own.  But the opportunistic coverage of this murder by the left’s echo chamber shows that they will switch gears immediately to take advantage of every opportunity.  It’s easy to vilify insurance companies, so the left took a break from their anti-2A tirades and shamefully tried to justify a cold-blooded murder.

ATF UNDER FIRE

Representative Lauren Boebert (R-CO) has introduced a bill to abolish the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  While this is a positive step, it will be a difficult battle. Although Republicans hold the majority in both chambers of Congress, they do not have the supermajority needed in the Senate to pass the bill unless all Republicans vote for the bill and some Democrats suddenly become bipartisan.

However, the bill is a warning to the gun grabbing bureaucrats in the ATF that Congress is watching. It is a good start for those who want to abolish the ATF, even if not successful.

The ATF’s primary purpose is to regulate a constitutionally protected freedom.  Prior to Boebert’s bill being introduced, Representative Eric Burlison (R-Mo.) described the situation perfectly: "The Second Amendment doesn’t need a babysitter. The ATF’s job is redundant, dangerous, and unconstitutional. Let’s eliminate it." 

Representative Boebert reminded everyone of how the ATF has made the streets more dangerous by allowing firearms to flow to Mexican drug cartels through programs like “Fast & Furious.” 

The ATF also has a history of using the rule-making process as an end-around to Congress and it would have been successful if not for the courts:

The ATF attempted to ban bump stocks by modifying the definition of a machine gun, only to have SCOTUS reject their efforts.

After Congress refused to institute universal background checks, the ATF made an “engaged in the business” rule, which made almost everyone selling a firearm a “gun dealer.” This was a backdoor universal background check.  A Texas Federal District Court judge has issued an injunction against this rule, blocking the ATF from enforcing it.

When he ATF attempted to: reclassify pistols with stabilizing devices to be short barreled rifles; gun parts as firearms; and forced reset triggers to be machine guns, the Fifth Circuit Court of Appeals blocked it.

When Democrats controlled the White House, the ATF became more of a tool of the executive branch to undermine our 2nd Amendment protected freedoms.

In another positive note, ATF Director Steve Dettelbach resigned even before President Trump was able to fire him.  Alan Gottlieb, Citizens Committee for the Right to Keep and Bear Arms, took a shot at Dettelbach when he said in an email to Guns.com. “The country needs someone at the ATF helm who will lead the agency, not weaponize it; someone who not only can define what an ‘assault weapon’ is but also understands what it is not."

Books and More Laws

On Wednesday, SCOPE suggested New Year’s resolutions and one of them was to read 2nd Amendment books.  One member followed up and asked for a list.

How about you, the members, suggest reading material and we will publish a list in a future Email.

Please Email SCOPE at SCOPENYinfo@gmail.com  with the name and author and a short description.

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In October, Governor Hochul signed A.9862A / S.8479A which will require payment card networks to use certain merchant category codes (MCC) for ammunition and firearm dealers. New York becomes the third state, joining California and Colorado, to enact this requirement. 

(This, of course, is a step to creating a gun registry so that guns can be confiscated.  Expect, at first, only certain firearms are confiscated and then the list expands.  Doubt that?  See what happened in Canada – our 51st state?  But as a warning to leftist politicians, also see what just happened to Prime Minister Trudeau who was the instigator behind it.  Oh, and how did the anti-2A candidate for U S President do in the last election?)

Also signed by Hochul in October, S6649/A2882 requires firearms dealers and gunsmiths to post warnings at sites where firearms are sold and distribute warnings at the time of sale, including that firearms increase the risk of suicide, death during domestic disputes, and/or unintentional death to children.

(How would Hochul feel if an FFL posted a sign next to it which truthfully says something like: Numerous studies have shown that firearms are used defensively between 500,000 and 2,000,000 times every year.  I add ‘truthfully’ since many on the left have a rather distant relationship with the truth.)

In October, the NYPD reported - and anti-2A organizations have echoed - that since January 1, 2002, 18,750 guns have been taken off the streets in NY City.

(What they don’t tell you is how many of those guns were illegal!  But the left will use this statistic as a reason to write more anti-gun laws that the criminals will ignore and have no impact on the number of guns taken off of NY City streets.)  

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!