Interstate license to carry  by Tom Reynolds

Massachusetts, like New York, is noted for ignoring the Supreme Court’s decisions on the 2^nd Amendment.  For instance, in Caetano v Massachusetts, every Massachusetts’ court ruled that a stun gun was illegal in Massachusetts because it did not exist at the time the 2^nd Amendment was passed.  It took the Supreme Court of the United States (SCOTUS) to remind Massachusetts’ courts that SCOTUS had already said that guns did not have to be in existence in 1792 to be legal.

Much to our surprise and delight, in another case, one Massachusetts district court recently obeyed SCOTUS rulings.  While the decision only applied to this specific case, it provides the rationale for concealed carry reciprocity between states.

In the Commonwealth v. Dean Donnell, a New Hampshire man (Donnell) was charged in a Massachusetts’ District court for carrying a firearm in Massachusetts without a non-resident license to carry (LTC).

Donnell’s legal team filed a motion to dismiss the case claiming the law violates the Second Amendment and, therefore, is unconstitutional.  In the Bruen decision, SCOTUS ruled that the 2^nd Amendment must be interpreted based on the text, history, and tradition of the Second Amendment as it was understood when the amendment was passed in 1792.  Donnell’s legal team argued that “there is no historical analogue burdening the right to interstate travel” with a firearm.

Also, Donnell argued that the defendant’s rights under the Equal Protection Clause of the United States Constitution were also violated since LTCs for Massachusetts residents are good for five years but a Non-state resident’s temporary LTC must be renewed annually.

Because Massachusetts could not give an example of a similar law stopping an otherwise law-abiding citizen from carrying a firearm outside their home state during the ratification of the Second Amendment, the judge ruled that the law Donnell was accused of violating was inconsistent with the text, history, and tradition of the Second Amendment. 

The judge also applied the Equal Protection Clause by pointing out the difference in the length of time a non-resident and a resident license lasted.

The judge also rejected the state’s claim “that the licensing scheme imposes a permissible burden because of the substantial state interest in preventing certain people from possessing firearms.” The judge pointed out that certain people are already prohibited by federal law, so the state’s argument wasn’t valid.

As we often point out, criminals already ignore gun control laws while most gun control laws make criminals of otherwise law-abiding citizens.  The judge said that a person should not become a felon for exercising a constitutional right while passing through Massachusetts.

The judge dismissed the case. As we said, this case is a state-level case and only affects the defendant but provides a rationale for reciprocity.

More on Background Checks  by Tom Reynolds

SCOPE has been writing about the background checks on ammo and the new fees.  There is so much going on behind the scenes that it is difficult to keep current with the latest information.  However, a bit of background is in order.

Passed as part of the SAFE Act, the ammo background check mandate was delayed for years because the state police could not implement it. 

If the new background checks are implemented on September 13^th, as scheduled, New York will be the second state (behind California) to require ammunition background checks.

Per Bearing Arms web site, California’s ammunition background check requirement, has led to tens of thousands of false denials for legal gun owners.

California’s law is the subject of a federal lawsuit.  U.S. District Judge Roger Benitez must rule whether the law is an infringement on Second Amendment rights.

Although not identical to California, NY’s law is also likely to face a lawsuit after the background checks actually start taking place. Once the state police are running checks on every purchase of a box of ammunition, people will have ‘standing’ to sue.

A letter protesting this state action has been sent to Kathy Hochul from some of New York’s Republican congressional delegation*.  It is signed by Congresspersons Claudia Tenney, Elise Stefanik, Nick Langworthy and Brandon Williams. 

In addition, a resolution condemning the CCIA has been introduced in the House by NY congresswomen Elise Stefanik and Claudia Tenney as well as seven others from other states**. 

These efforts raise attention to the issue but Hochul isn’t big on listening to Republicans from her state...or any state…or listening to the Supreme Court.

One of the strategies of the left, as to gun control, seems to be to introduce as much legislation in as many places as they possibly can.  Introducing ammo background checks in multiple states is only one example.  This costs the gun grabbers nothing as they are on the taxpayers’ dime and are in blue states where there is not much chance that they will be defeated at the ballot box or impeached.  Citizens challenging these laws costs the citizens hundreds of thousands of dollars to get through the appeals system.  Basically, NY State (and California and Illinois, etc.) want to bankrupt their opponents into silence.  So, they are not only going after the 2^nd Amendment but also your 1^st Amendment right of Free Speech.

The best answer to this is to spread the word on how our 2A rights are being threatened in order to motivate 2A and 1A defenders to go to the ballot box before they lose their rights, completely.

 

*The link to the letter to Hochul follows:

51119baa-96a9-4b3c-a1c5-4c7b4934dbe5.pdf (constantcontact.com)

 

**The important part of the House Resolution follows:

Whereas there have now been multiple New Yorkers suing the State of New York over the CCIA to protect their constitutional rights: Now, therefore, be it Resolved, That it is the sense of the House of Representatives that—

(1) New York State’s Concealed Carry Improvement Act violates the rights of New Yorkers under the Second Amendment to the Constitution of the United States and is unconstitutional;

(2) the courts should immediately strike down the Concealed Carry Improvement Act as unconstitutional; and

(3) all States should pass legislation supporting Second Amendment rights instead of trying to restrict or undermine Americans’ constitutional rights.

SCOPE Needs You in County Chapters!  By Don Smith

Grassroots groups such as SCOPE are important with county chapters increasing the possibility of a greater voice in the selection of our local and state elected officials. Many candidates appreciate the opportunity to speak to SCOPE members and look forward to high ratings by the county chapters. Local and state level candidates are eager to meet with and hear from SCOPE chapters while establishing connections with them and their staff.

Each county needs candidates supportive of protecting against: unreasonable searches and seizures; a right to a speedy trial with representation (consider many “January 6” defendants); the ability to confront witnesses against you and obtain witnesses in your favor; and of course, due process and “equal protection of the laws” as well as other constitutional liberties.

Examples include the village, town, county and even state positions of: Mayor; Supervisor/ Legislator; Sheriff; Judge; State Assemblyman and State Senator. Are any of these positions on the ballot in your county this November? Your chapter’s rating of them may help their cause.

Note that SCOPE, as a nonprofit cannot endorse a candidate but can rate them.

The key to a strong chapter is its leadership. Your first step is to show support for a county chapter by being willing to attend an organizational meeting in the near future. Location and date TBD. You may then volunteer for a leadership position of Chairperson, Secretary or Treasurer. Will you join?

Taking a leadership position does require a limited time commitment but is not an overwhelming responsibility. Other positions at the chapter level such as Vice Chairperson are important but even less demanding. Volunteers from other chapters are willing to help you.

Americans have always been willing to make commitments to righteous causes and preserving our liberties should be at the top of the list. Knowing you are contributing to the defense of our Constitution is personally satisfying. Others may jump aboard based upon your enthusiasm.

A year from now, we will be in the midst of a presidential election that will determine if our country continues veering to the left or regains the path on which our Founding Fathers intended America to follow.  We need volunteers locally and at the state levels to begin preparing us for this crucial battle. All county chairs sit on SCOPE’s State Board of Directors.

Please contact me so we may discuss your involvement with others or to create a SCOPE Chapter in your area.

Don Smith

Membership Chair
Don6027@gmail.com

Tenney Supports the 2^nd Amendment  by Tom Reynolds

Congresswoman Claudia Tenney of New York’s 24th Congressional District is an ardent supporter of our 2nd Amendment Rights.  She has introduced a number of bills and House Resolutions towards that end.

Proposed bills and other actions by those that would destroy the 2nd Amendment are sure to be trumpeted in the liberal media and they will be sure to use Tenney’s support of 2A against her in the next election.  If you are concerned about your 2nd Amendment rights – and you should be in Hochul’s NY State and Biden’s America – doing nothing hands over your 2A rights to Biden and Hochul.  If 2A is to be preserved, it’s imperative that you spread the word about those like Claudia Tenney who are fighting for your rights. 

The following is a list of Tenney’s actions:

Introduced H.Res. 45: This resolution expresses the sense of the House of Representatives that NY’s Concealed Carry Improvement Act (CCIA) is unconstitutional and that the courts should immediately strike down the CCIA.

Cosponsored H.R. 38: This bill would ensure all states that allow concealed carry, such as New York, maintain concealed carry reciprocity with other states with concealed carry permits.

Cosponsored H.R. 3492:This legislation prohibits states and localities from using federal funding to store sensitive, personal information obtained during a federal background check. Under current law, the federal government cannot store information acquired during the firearms background process.

Introduced H.R. 5161: This legislation will repeal language in the Bipartisan Safer Communities Act (BCSA) which was passed last year,  In July 2023, the Biden Administration’s Department of Education released guidance that it was restricting federal funds for schools with hunting, shooting, or archery programs, citing language included in the BSCA.

Cosponsored H.R. 1271: This bill prevents the federal government from building a federal firearms registry by requiring the Bureau of Alcohol, Tabacco and Firearms (ATF) to delete all existing firearm transaction records accumulated by the ATF. The bill would also require Federal Firearm Licensees (FFLs) to destroy their firearm transaction records once they go out of business, ensuring the ATF cannot accumulate these records.

H.J.Res. 44: This act would repeal the ATF’s unconstitutional pistol brace rule. The Biden Administration is abusing the National Firearms Act to arbitrarily declare pistols with stabilizing braces as short-barreled rifles (SBRs).  Pistol stabilizing braces were created to help disabled individuals, including many veterans, better stabilize their pistols while shooting.

Introduced H.R.962: This legislation modifies federal bankruptcy law to allow an individual debtor to exempt from their bankruptcy estate one or more firearms up to a total maximum value of $3,000.

Cosponsored H.R.790: This legislation would remove the ridiculous excise tax on firearms and attachments governed under the National Firearms Act, including SBRs and silencers.

Cosponsored H.R. 705: This legislation prohibits the Department of Veterans Affairs (VA) from reporting a veteran to the National Instant Criminal Background Check System (NICS) when that veteran uses a fiduciary to manage VA benefits.

Cosponsored H.R 4860: This legislation ensures that residents living in federally-assisted housing may lawfully possess firearms.

Gun Violence is a Morals and Family Values Issue  by Bohdan Rabarsky, Oneida/Herkimer SCOPE Chapter Chairman                              

Recently, there have been numerous shootings in Utica, including one fatality. In bigger cities such as New York City, Atlanta, Seattle or Chicago, that wouldn’t even make headlines, but it's big news locally. Local law enforcement has a difficult job of solving these crimes, especially when witnesses refuse to come forward, for various reasons.

What is being done about this violence?

In the past, social and religious groups have formed marches through the inner-city streets and called the event "Take Back Our Streets". They would get religious, city & county leaders involved along with the local police department officials. They would chant that the streets belong to them and they won't put up with the violence anymore.

Then there is SNUG, (guns spelled backwards), a New York statewide gun violence prevention program. The group has received state funding to implement its program and combat gun violence, but the shootings continue.

To fight the so-called gun violence, Former Governor Cuomo passed the Secure Ammunition and Firearms Enforcement Act (SAFE) Act of 2013. In 2021, Governor Hochul signed Executive Order 211 to establish the Office of Gun Violence Prevention (OGVP) and in 2022 the NYS Legislature passed the Conceal Carry Improvement Act (CCIA).

The city and state have their gun buyback programs, which will take guns off the street, but we all know that these aren't the guns being used in the shootings in question.

During election time, candidates will tell you they passed laws to make the streets safer for us, but the evidence just isn't there. They usually rely on data from anti-gun groups such as ‘Everytown for Gun Safety’, ‘Moms Demand Action’ and ‘Coalition to Stop Gun Violence’. Their data is misleading since it is more anti 2nd Amendment than trying to eliminate gun violence.  Why?  Because if gun violence disappeared from our streets, they would lose their power and control and they wouldn't exist.

These are noble gestures on the surface, but serve no real purpose, except to make bumper sticker slogans or sound bites during an interview.

Over the years there's always been outrage at the so called "gun" violence, but few ever want to talk about the elephant in the room. The violence on the streets is an issue of morals & family values, which seems to be lacking in those involved in the shootings. A lack of family structure and single parent households with the absence of a father figure all contribute to this violence.

I don't claim to have the answer, but taking away the 2nd Amendment Rights of law-abiding gun owners isn't the answer.  However, reemphasizing traditional American moral and family values is worth trying.

Another approach is following the rules and enjoying our 2nd Amendment freedoms rather than condemning them.  

Oneida, Herkimer, Otsego, Lewis & Madison Counties have a total of over 60 Fish & Game Clubs, Gun Ranges and Rod & Gun Clubs, with a total membership in the tens of thousands. Members are required to pay dues to belong to these clubs, follow the club rules and abide by all New York State laws regarding firearms, firearm storage, transporting, handling & shooting. Failure to follow the state laws and club rules will get you expelled from the club and possibly arrested for not following the NYS Gun Laws.

The nicest and most respectful people you'll ever meet are on the firing line at a gun range. You'll see men, women, minorities, handicapped individuals, parents with their children, all with one goal in mind, practicing firearm safety first, then enjoying the day practicing their shooting skills. You don’t hear about a shooting injury associated with a gun range, not even accidental, because safety and respect for the firearm comes first.

Get out there, exercise your God given 2nd Amendment Rights and enjoy yourself.

Stop Digging (continued)  by Tom Reynolds

On Monday SCOPE reported on the saying: If you find yourself in a hole…stop digging. There’s more to say.

New York's biggest budget headaches this year were housing and bail reform that dragged the budget a month past its deadline.

But next year, New York's budget deficit could be the first priority. (What? NY Democrats worried about fiscal responsibility? Have they dug a hole so deep even they must stop digging? Not likely.)

As state spending grows faster than revenues, NY State Comptroller Tom DiNapoli, predicted a shortfall of $9.1 Billion next year and $13.4 Billion the following year.

The left-leaning Fiscal Policy Institute suggested dipping into the state's $19.5 Billion in reserves, rather than cutting expenses. In their minds, there must not be any waste in the NY budget to be cut. (They also can’t do basic math since the two year deficits total $22.5 Billion and reserves are only $19.5 Billion. And what happens in year three when the reserves are gone?)

DiNapoli countered that reserves, "…cannot replace fiscal discipline or be relied upon to plug recurring budget gaps." (Ya think!)

DiNapoli lowered his estimates for future tax income because of reduced personal income tax payments, that's partly due a steady exodus of taxpayers, including some of the state's highest earners. (See SCOPE’s comment about Tribeca in our email of August 14th, “Defund and Destroy the police” S.C.O.P.E. Shooters Committee On Political Education - Defund and Destroy the Police.)

Remember the inflation caused by federal spending that Biden claims to have whipped by increased federal spending? Part of that was ‘pandemic relief’ of about $15 Billion which won’t be there anymore.

Perhaps Kathy Hochul and the socialist NY Legislators will look to solving the budget problem the way China solved its youth unemployment problem.

_______________________________________

China is in a hole on youth unemployment. For those 16 to 24, in June, unemployment was officially 21.3% and some believe it is higher, perhaps as much as double when you include those who have stopped looking for work. (What, the Chinese government lie about a statistic!)

But China has a solution.

If you don’t like the numbers…stop counting. China authorities have suspended publication of data on this.

_____________________________

President Trump has been indicted in Georgia for, basically, denying that he lost the 2020 election. Can we expect Stacy Abrams, who denies she lost the Georgia governor’s election, to also be indicted?

__________________________________________________

The U S Army’s Fort Hood is now known as Fort Cavasos. It is named after the Army’s first Hispanic four star general. Which raises two questions: was he promoted on merit or because he was Hispanic? Isn’t naming him because of being Hispanic a form of bias? (Remember the pre-woke days when forts / camps etc. were named after heroic people like Marine Camp Smedley D Butler being named after a Marine who won the Congressional Medal of Honor – twice.)

While the woke forces in Washington D C were busy being…woke, they seem to have forgotten something. Legal Insurrection reported on August 17th about Fort Cavasos that: ‘The base had only two of its 10 major dining options open every day for much of the summer, with three others open only during limited times. The closures forced many soldiers to drive long distances across base, sometimes an hour round trip for their meals.’

‘But not all junior soldiers have vehicles, and the base provides only a limited shuttle service, with none dedicated to dining facilities. The service is so limited that some service members interviewed by Military.com didn’t even know it exists.’

I wonder if retiring Chairman of the Joint Chiefs of Staff, General Milley, ever heard of the saying attributed to both Frederick the Great and Napolean that “An army travels on its stomach.”

You may remember that Milley and his woke counterparts in D C presided over the Afghanistan withdrawal, too.

No one will ever call Milley “the Great” but there was an English king called 'Æthelred the Unready’ who comes to mind.

__________________________________________________

The Wall Street Journal reported that during the last fiscal year, 122 gun dealers had their licenses revoked by the Bureau of Alcohol, Tobacco, Firearms and Explosives, which is up from 90 the year before and 27 the year before. During the Trump and Obama presidencies, the number of licenses revoked never exceeded 81.

Anthony Navarro, a gun dealer, said, "This policy is designed to be a backdoor violation of the Second Amendment." (Ya think!)

In the end, this may not work out well for citizen safety and crime prevention, not that that was ever high on the Biden agenda. Peter Forcelli, a retired deputy assistant director at the ATF said, "The gun dealers were our first line of defense against gun trafficking. Why are we now beating an ally into submission?"

Even the current ATF agrees: “Federal Firearms Licensees are often our first line of defense against gun crime and are often a source of critical enforcement information that helps law enforcement identify straw purchasers and disrupt firearms trafficking schemes," ATF Spokesperson Kristina Mastropasqua said.

________________________________________________

The problem with the hole that these people are digging is that they will take the rest of us down with them.

If you find yourself in a hole, stop digging.  by Tom Reynolds

Assemblyman Phil Palmesano sends us some interesting statistics on paroles, which give us a clue as to why New York State can’t stop digging further into a hole with its crime problem.

From https://doccs.ny.gov/parole-board-dispositions-doccs-facilities-2022

• In 2013, initial parole release rates were 19% for class A violent felonies and 8% for all other legislative violent felonies.

• In 2014, parole release rates were 19% for all initial interviews and 21% for reappearance interviews.

• In 2021, initial parole release rates were 46% for class A1 violent felony (Murder, Kidnapping) and legislative violent felony offenses.

• In 2022, parole release rates were 38.4% for all initial interviews and 37.1% for reappearance interviews.

In the NY legislature’s unending quest to make being convicted of a crime easier on criminals:

Bills have been introduced in the NY Assembly (A2035) and the NY Senate (S2423) that would allow incarcerated individuals who are 55 years and older and who have also already served 15 years in prison to appear before the parole board for potential release, regardless of the crime they committed. (The lesson here gangbangers: don’t murder anyone until you are 40.)

According to bill’s sponsor memo “rearrest rates for older adults released from prison are vanishingly small, particularly for those originally convicted of serious crimes.”

However, that is not what statistics show.

Per http://ww2.nycourts.gov/pretrial-release-data-33136

In NYS (1/1/2020 – 6/30/2022):

• 40,585 offenders over 55 were arrested for a felony or a misdemeanor.

• 10,620 were arrested for a felony.

• 8,326 (78.4%) of those arrested for a felony had either a prior or a pending felony or misdemeanor arrest

• 3,391 (32%) of those arrested for a felony had a prior violent felony conviction.

Assemblyman Palmesano also sends us statistics on youth offenses.

According to DCJS statistics, in 2021:

3,303 16- and 17-year- old Adolescent Offenders arrested for a felony*
257 received a felony conviction.
114 received sentences in excess of one year imprisonment (confined in OCFS facilities)

*Of those felony arrests:

• 112 arrested for homicide;

• 80 arrested for sex offenses;

• 587 arrested for firearms/dangerous weapon offenses;

• 691arrested for robbery;

• 213 arrested for Burglary

• 20 for making a terrorist threat

• as well as over 1,600 additional felony arrests!

Over 83% of Adolescent Offender Cases were removed to Family Court/Probation Intake, escaping criminal liability, entirely!

Since there is no conviction, numerous crimes are being committed that go unreported, further questioning the accuracy of the crime statistics provided by DCJS and OCA.

Banning of Lead Ammunition  by Tom Reynolds

Those who despise the Second Amendment never seem to stop. So far, they have been unable to completely ban firearms, so their latest attack on our Rights involves banning commonly used ammunition.

As GOA warned our members last year, the first step in this process involves the Biden Administration's plans to ban lead ammunition on eight National Wildlife Refuges in the eastern United States. This first round of bans will not take effect until 2026, but it is common knowledge in the nation’s capital that this Administration does not intend to stop with these eight areas.

It is important to note from the onset that this has nothing to do with the 30-year-old ban on the use of lead ammunition for hunting waterfowl, and no major pro-hunting or pro- Second Amendment groups are fighting to change that.

What is at stake now is a complete ban on all lead ammunition for both hunting and recreational shooting on federal lands!

This is at least the third attempt by politicians to ban lead ammunition in the last decade. During the Obama Administration, the Center for Biological Diversity and over 100 anti- hunting and anti-Second Amendment groups petitioned the Environmental Protection Agency (EPA) to ban lead ammunition, but the U.S. Court of Appeals for the District of Columbia ruled the agency lacked the authority to do so. Undeterred, the radical anti- gunners searched for other avenues to push their agenda.

Just before leaving office, Obama’s Interior Department tried to ban lead ammunition on lands managed by the U.S. Fish and Wildlife Service (about 95 million land acres). However, Trump’s newly confirmed Interior Secretary, Ryan Zinke, quickly reversed that decision soon after taking office in March 2017.

The anti-gunners have learned from past, failed efforts, so this current effort is more discreet and begins on small acreages where most hunters and recreational shooters will not be impacted or take notice.

Specifically, what the Biden Administration is proposing is a total ban on lead ammunition on this first group of eight federal lands, which, when expanded in the future to other federal lands (about 650 million surface acres or 30% of the United States) will destroy hunting and recreational target shooting by making these sports too costly for the average American.

Proponents of lead ammunition bans claim this ammo harms human health and wildlife populations. However, studies by the Health Departments in a number of states have shown no conclusive evidence of serious illness or death of humans caused by eating game taken with lead ammunition.Most hunters know how to remove meat damaged by lead bullets or shot! In most studies, hunters and their families had lead levels similar to the average American.

When addressing wildlife concerns, lead ban proponents often point to the endangered California condor. California banned lead ammunition in 2007 to protect the condors, and while compliance with the ban was 99% according to the state’s Department of Fish and Wildlife, follow-up research in recent years has shown lead levels in condors are the same or HIGHER than when the ban was implemented.

Results from the California condor saga tell us that condors are getting lead from sources besides bullets or shot. There are numerous non-ammunition sources of lead in our environment, and the reality is that no studies have proven ammunition-based lead has a population level impact on terrestrial wildlife species.

So, what is really going on here?

The real goal here is to price people out of participation in hunting and shooting sports! It is that simple!

Alternatives to lead ammunition are often 2-4 times more expensive, so banning lead ammo will drastically reduce participation for many Americans. An increased cost would be particularly harmful for women, single parents, and minorities – demographic groups with increasing shooting participation rates in many states.

While the federal government controls over 30% of the land in America, the size of these areas alone does not tell the whole story. Millions of Americans can only hunt or target shoot on federal lands and have no other place to pursue the sports they love. Without access to these federal lands, large percentages of hunters and shooters would be denied recreational opportunities under a costly lead ammo ban.

Moreover, if successful with these bans on federal lands, we can fully expect another effort from anti-Second Amendment forces to institute a lead ammunition ban on private lands at some point in the future! This will effectively send lead ammunition to the dustbin of history!

HOWEVER, THERE IS SOMETHING YOU CAN DO NOW TO HELP!

Until August 22, the Federal Government is required to take public comment on the lead ban proposal. Comments will be compiled, and GOA can use these comments to let members of Congress know that the American public does not support these efforts to infringe on our Rights.

All hunters, recreational shooters, and really anyone concerned about this infringement on our liberties can help by sending comments telling the Federal Government that you don’t support efforts to ban common ammunition based on weak science. Take Action Here!

Loser’s Report: Chutkan to Violence to Garland to Insurance to Hochul

by Tom Reynolds

Appointing U.S. Attorney Weiss as special counsel, a man who tried to unethically slide Hunter’s corrupt plea deal past a federal judge, is further evidence of the politization of the Department of Justice under Merrick Garland. In fact, Mr. Weiss should be under investigation for his compromised, sweetheart plea deal for Hunter Biden. 
Given the powerful testimony before Congress by senior IRS investigators that the criminal investigation of Hunter was obstructed by the Justice Department (when Weiss was nominally running the investigation) in order to protect Joe Biden, Weiss is the last person who should be special counsel.

Former President Donald Trump on Monday shared a quote from U.S. District Judge Tanya S. Chutkan, (appointed by the Obama administration) who is overseeing his 2020 election case.

Chutkan made this quote during last year’s sentencing of Christine Priola. Over January 6 activities

“And the people who mobbed that Capitol were there in fealty, in loyalty to one man, not to the Constitution, of which most of the people who come before me seem woefully ignorant; not to the ideals of this county and not to the principles of democracy. It’s blind loyalty to one person who, by the way, remains free to this day.”

Sounds like liberal justices aren’t exactly blind when it comes to President Trump and his supporters.

On Monday we wrote about Violence Interrupters in NY City.

Let’s try Chicago for more liberal crime fighting efforts.

At least 23 people were shot over the weekend in Chicago, three of them fatally and over 370 people have been killed thus far in 2023.

Native Sons, a group from Chicago’s Rogers Park neighborhood, is asking that gang members pledge to cease fire from 9:00 a.m. to 9:00 p.m. daily so no one lives in fear of being shot while going about their day-to-day activities.

Maybe they should also ask that no stores be robbed during that time period.  That would help keep stores open in underserved neighborhoods.

Or they should also ask that no illegal drugs be sold between 9AM and 9 PM, too.  That would save lives, too.

Liberal ideas sound wonderful and give them the satisfaction of saying they are doing something.  Unfortunately, they don’t work.

Attorney General Merrick Garland has appointed U.S. Attorney David Weiss as special counsel to investigate Hunter Biden which should lead to Biden family finances.

This per the Buffalo News:

A new law took effect on August 1st. When auto insurance is issued, renewed or modified in New York, companies must now add “supplemental spousal liability insurance” to a person’s plan and provide the consumer written notification of the addition.

The background to this is:

When a driver is at fault for a car accident in New York, others who sustain a serious injury generally may sue the potentially negligent driver for damages, including pain and suffering.  But previously, if the spouse of the negligent driver is injured, the injured spouse generally cannot sue their husband or wife and then recover money from their spouse's insurance policy.

The new exception:

If the driver has the “supplemental spousal liability insurance,” the injured spouse may sue their significant other, who was driving, and seek payment from the driver’s insurer for non-economic damages, including pain and suffering. 

Without the supplemental insurance, spouses of negligent drivers do enjoy some protection from auto accidents. Regardless of who’s at fault for an accident, insurance plans in New York are liable for up to $50,000 per person for lost wages or medical bills.  But such minimum “no fault” insurance does not cover lawsuits alleging that a negligent driver has caused non-economic damages, such as pain and suffering.

Since this is being added to all insurance policies in NY State, it includes millions of unmarried motorists who would derive no benefit from the extra coverage.

Opting out of this coverage (for instance -  you might want to if you are not married) requires the consumer to be aware of the new law, contact their insurance company and sign a form declining the coverage.

Governor Kathy Hochul had the ability to veto this abortion of a bill but since she is pro abortion… and since the beginning of 2021, the Trial Lawyers Association’s political action committee, LAWPAC, has donated about $1.5 million to state politicians on both sides of the aisle...

Anyway, liberal minds can rest easy that this will be financed by the insurance company which they believe does not get its money from things like higher insurance rates paid by the consumers.  (Sarcasm intended.)

Nearly a third of America’s cities are no longer reporting crime statistics to the FBI.

Per The Marshall Project: Twenty four percent (24%)  of New York State’s police departments sent their crime data to the FBI. Just 141 of the 583 New York police agencies reported data in 2022.

As was pointed out yesterday, New York’s Governor Kathy Hochul signed into law a package of gun control bills after New York’s restrictive concealed carry laws were struck down by the U.S. Supreme Court’s Bruen decision. And now, NY State plans on enforcing ammunition background checks, which cannot be completed by the FBI.

One would think that government officials would want the most complete data possible when making decisions. 

Or not.

Come Into My Parlor Invited the Spider to the Fly  by Tom Reynolds

On August 10^th, SCOPE sent an email to members (Hochul Strikes Again) advising that September 13th was the projected date to begin NY State’s background check system which includes fees of $9 for firearms and $2.50 for ammo.  You can find it on our website at S.C.O.P.E. Shooters Committee On Political Education - Hochul Strikes Again (scopeny2a.org) 

Knowing that Federal Firearm Licensees (FFL) are a key element in protecting the 2nd Amendment, Hochul (and Biden) have started going after FFL’s.  Below is an email of August 11th from attorney Paloma Capanna. 

            __________________________________________________

It appears the NYS Police are starting to roll out their conversion of the federally-licensed dealers in firearms onto their own NYS Police background check system, and that they are launching the ammunition background check system, as well. The target date is Wednesday, September 13, 2023. On that date, NYS-based dealers in firearms will be disconnected from the ATF/FBI NICS system and will be forced to communicate only with the NYS Police for firearms and ammunition background checks.

It also appears the NYS Police today have sent out an email to one or more NYS-located dealers to tell them to register (in)to their (NYS’s) system as part of a test group of selected dealers.

Among those “selected” are one or more of my clients from among the named Plaintiffs in the federal civil rights case of Gazzola v. Hochul.  As I write this blog, there are five cases, including Gazzola, waiting since March 20, 2023 for an appeals’ request for a stay of execution of a list of new 2022 laws challenged as (either) unconstitutional under the Second Amendment, federally pre-empted, or otherwise violating other civil rights such as the Fifth Amendment.

Among the requested items (in the appeal) is precisely this: a stay of the ammunition background check system, a stay of the semi-automatic license requirement, a stay against NYSP taking over the background check system, and a stay against dealer inspections by the NYSP.

Rumors had started to circulate across the past 1-2 weeks. Then, there was a drop-in to a dealer by the NYSP in the North Country. Then, there was an email from the National Shooting Sports Foundation that they were on a “call” with the NYSP and they were transmitting some bullet points. Then, the NYSP showed up at one of my client’s shops and started asking for help deciphering the new statutes, saying that the NYSP Joint Terrorism Task Force (“JTTF”) had received an email directing them to start the dealer inspections, but NYSP-JTTF had received no training and don’t know how to do an inspection.

Whether these couple NYSP officers are whistleblower(s) or playing dumb during an investigation, I don’t yet know. I transmitted a pointed letter to opposing counsel at the NYS AG’s Office this morning to try to get some answers. Nothing yet.

At about 1 pm this afternoon, one of my clients then received an email signed from “Angie” that he’s “selected” to participate in the trial of the new NYSP background check system. A scam? An AI joke? Conduct for which I could seek judicial sanctions?

So, in a rare blog, I put this out to alert you and ask you to forward this to all dealers you know. If anyone else has received the “drop-by” or the “invitation” or was otherwise on the “call,” please have them get in touch with me paloma@2AMPatriot.com or send me a note through the contact page of my website.

It appears this whole breaking of the détente, at least while awaiting the Second Circuit decision, is because Gov. Hochul got shamed by the Democratic Party for costing them seats in the House in 2022, because she wasn’t sufficiently tough on crime. In fact, U.S. News & World Report wrote a lengthy article about it, complete with quotes from defendants in our lawsuit. It’s not the only press coverage.

Tough on crime? This is the same B.S. the Governor dished out last summer through her 10-bill package. Has she not noticed those statutes are the focus of eight federal civil rights lawsuits, filed by more than 100 plaintiffs, represented by more than a dozen private law firms from Washington, D.C. to Mississippi.

Too afraid to go after the real criminals is more like it. She’s bullying law-abiding, federally-licensed, NYS-licensed dealers in firearms, who are the front line against illegal gun sales. It is because the industry doesn’t sell to those persons disqualified at federal law that those bad actors take to the streets to steal and then modify and mutilate guns to commit the same crimes that got them disqualified in the first place.

Hochul is 180-degrees wrong in her approach. If she really wanted to do something about crime in New York, she could start by transmitting records of NYS-convicted criminals to the FBI for the nationwide NICS database to help federal authorities keep guns out of the hands of career gun criminals. But, no, Hochul proudly stands at the public microphone and says she won’t turn over those records.

No, the new law says and the state admits, she wants to build a single database of gun owners in New York.

These brave men and women who are your NYS dealers in firearms who are the Plaintiffs in Gazzola v. Hochul are the only people who stand between your privacy and your Second Amendment rights to purchase, to possess, and “to keep” your firearms and ammunition. Of course, she’s coming after them first. If Hochul can shut down FFL dealers in firearms, she can cut off your Second Amendment rights.

Again, if you can assist in getting the word out to the 1,791 FFL dealers and pawn brokers across the state, please do so ASAP. We need to try to measure this NYSP “invitation” and “ignorance” against whether it is NYSP conduct designed to target and threaten my clients.

Thank you for your assistance.