New - New York Laws  by Tom Reynolds

In three 2nd Amendment cases (D.C. v Heller, McDonald v Chicago, NYSRPA v Bruen) the Supreme Court (SCOTUS) has repeatedly stated that the purpose of the 2nd Amendment is self-defense. 

In her abyss of wisdom, unelected Governor Kathy Hochul disagreed with SCOTUS and the constitutionally protected right of self-defense, so she called an emergency session of the NY legislature to pass quickly-developed, poorly thought-out laws under a “Finding of Necessity” - which is only supposed to be used for true emergencies. 

Actually, these laws are only poorly thought out if you believe their purpose was to protect NY citizens.  If you believe their purpose was to destroy the 2nd Amendment, then they were smart...UNconstitutional…but smart. 

New York’s legislature and its governor declared war on self-defense and the U.S. Constitution.  Do Hochul and her Democrat counterparts care that much of the laws passed violate the three SCOTUS decisions referenced?  They will care only if it costs them victory in the next election.  That is the only action to punish Hochul and her friends that believers in the U.S. Constitution have available.  Sue the Democrat leadership or Hochul and New York State defends them on the taxpayers’ dime.  If Hochul and company lose, NY State pays the damages and Hochul and company continue in office.

Since they are effectively immunized from any retaliation except by the vote, Hochul and company are free to fight to neuter-the-2nd-Amendment .  They are attacking on many fronts under their newly passed laws.

Make the financial cost of a gun too expensive for most people:

The new laws require 16 hours of training including 2 hours of live fire with proficiency standards.  Estimates vary but figure on $400 for the training plus ammunition.  Already a concealed carry permit holder?  You will also have to complete this course. 

Most will probably have to take time off from work to fulfill these bureaucratic’ requirements. 

The requirements to be a trainer have yet to be established but - let’s go out on a limb and say that - NRA instructors need not apply.

“No person shall store or otherwise leave a rifle, shotgun, or firearm out of his or her immediate possession or control inside a vehicle without first removing the ammunition from and securely locking such rifle, shotgun, or firearm in an appropriate safe storage depository out of sight from outside of the vehicle.”

If you leave your gun in your car, it must be in a safe storage container and out of sight.  Costs start at $150 and go up.

You must use a "safe storage depository" with a key, keypad, or some other locking mechanism. Retrieve the gun in a timely fashion in an emergency?  Not likely.

Keep the stored gun out of sight?  What if the gun is a rifle or shotgun?  Not so easy and maybe impossible.

Microstamping will be required, even though it is ineffective and easily defeated by criminals.  But it will add to the cost of the gun

Note: there are numerous other proposed laws to add to the cost of owning a firearm such as an $800 yearly liability insurance premium and a 1,000% tax on firearm sales!  So much for self-defense being practiced by the poor.

Make the licensing process so bureaucratic that applicants will not try:

Licensing now requires an in-person interview with the licensing officer.  Who is the licensing officer?  Sheriff?  Judge?  Licensing clerk?  NY State Trooper?  Whoever it is, expect that they will work nights and weekends to make things easy for the applicant.  (Sarcasm intended.)  

“Four (4) character references who can attest to the applicant's good moral character and that such applicant has not engaged in any acts, or made any statements that suggest they are likely to engage in conduct that would result in harm to themselves or others.” 

Who will be willing to attest (not saying “to the best of their knowledge”) about every act or statement you may have made?  And if you should happen to commit a crime at some later date, can these people be sued by the victim?

Recertify every 3 years instead of the current 5 years.

A list of all social media accounts for the last three years and “…such other information requested by the licensing officer that is reasonably necessary”.  An anti-2A interviewer would never dream of jumping into an opening like “…such other information” in order to legally harass you.  (Sarcasm again intended.)

A misdemeanor driving while intoxicated conviction within the last 5 years may not cost you your driver’s license but it will cost you your firearms permit.  Apparently, Hochul believes it is better to run over people than shoot them.

A license is now required to purchase or take possession of a semi-automatic rifle and you must be 21 years of age.  However, if you are not 21, you can still vote, have an abortion and decide to change your gender.

I could go on, but you get the idea.

Drive retailers out of business so fewer legal places exists to buy a firearm in NY while driving up prices in gun stores that remain open:

“…firearms, rifles and shotguns shall be secured, other than during business hours, in a locked fireproof safe or vault on the dealer's business premises or in a secured and locked area on the dealer's business premises.”

The dealer must remove dozens of firearms from display and store them in some secure area every night and then put them back on display in the morning.  (Will this encourage retailers to stay open 24/7/365 as a cheaper alternative?)

“…ammunition shall be stored separately from firearms, rifles and shotguns and out of reach of customers.” 

Another separate nightly secured storage area for ammo?  During store hours, add another clerk to wait on customers who formerly waited on themselves.

“The dealer's business premises shall be secured by a security alarm system that is installed and maintained by a security alarm operator properly licensed pursuant to article six-D of this chapter.” 

Add several thousand per year extra costs for this but…a windfall profit for security system operators.  (Is it possible there was some greasing-of-palms to get this included?  Nah.  Never in New York.  [Sarcasm intended again.])

And after the firearms dealers invest thousands to meet these requirements, NYS will now start inspecting their paperwork along with BATFE.  Dealers can lose their license over a minor paperwork error or a clerk’s unintended mistake.  Thousands of dollars and a business at risk over a minor paperwork error.

“The Gun Writer” reports that in the years before the Biden-Harris administration took over the White House, the ATF usually revoked an average of 40 Federal Firearm Licenses per year. But, in the 18 months since Joe Biden declared war on “rogue gun dealers,” the ATF has revoked 273 FFLs.

Free speech used to include the right to be silent.

Per NYS: A person is guilty of criminal possession of a weapon in a restricted location when such person possesses a firearm, rifle, or shotgun and enters into or remains on or in private property where such person knows or reasonably should know that the owner or lessee of such property has not permitted such possession by clear and conspicuous signage indicating that the carrying of firearms, rifles, or shotguns on their property is permitted or has otherwise given express consent.

All private property in New York is now a gun free zone.  Private property owners must now affirmatively declare firearms are welcome in order to NOT be a gun free zone.  Firearm possession on that private property is a class E felony.  The NYSRPA decision specifically addressed this and Hochul and company just spit in SCOTUS’ eye and dared them to do something.  

This put non gun retailers in the middle of something not of their choosing, when they only want to sell their product. If a retailer posts a pro-2A sign, they may anger the anti-2A element.  Not post a sign, and gun owners may be angry. 

The Gun Clubs will now have to post a sign that guns are welcome or members have committed a crime by bringing a gun to the gun club.

Also included is a long list of areas that are specifically labelled gun free zones.  For instance, the NY City subway system is filled with crime, including violent assaults.  But everyone, including the elderly and women, will just have to take the beating and then testify later in court - if they dare and are still alive

Have any of these geniuses in Albany noted that shootings happen in gun free zones?

You are a felon and don’t know it:

An old business saying is, “Don’t think of it as a problem, think of it as an opportunity.” 

Violate most of these new laws and you become a criminal, probably a class E felon. The “opportunity” to become a felon might discourage one from getting a firearm, since there are now so many “opportunities”.

Violence  by Tom Reynolds

For their 2021 book, The Violence Project: How to Stop a Mass Shooting Epidemic, Jillian Peterson and James Densley constructed a database of every mass shooting in the United States since 1966. They found a pattern among perpetrators.  It’s interesting to see some of their findings as they give insight into what drives these murderers - and it’s not access to a gun. 

POLITICO talked to Peterson and Densely about mass shooters. (It should be noted that Politico is a left leaning organization.  We ignored some comments that had a blatant leftist agenda as we could not tell if that was the authors’ bias or Politico’s bias.  However, the author’s psychological findings are worth reviewing since gun control advocates ignore them in favor of banning guns.)

Peterson: Mass shootings are socially contagious and when one really big one happens and gets a lot of media attention, we tend to see others follow.

You had an 18-year-old commit a horrific mass shooting. His name is everywhere…That shooter was able to get our attention. So, if you have another 18-year-old who is on the edge and watching everything, that could be enough to embolden him to follow. We have seen this happen before.

Peterson: There’s this really consistent pathway. Early childhood trauma seems to be the foundation, whether violence in the home, sexual assault, parental suicides, extreme bullying. Then you see the build toward hopelessness, despair, isolation, self-loathing, oftentimes rejection from peers. That turns into a really identifiable crisis point where they’re acting differently. Sometimes they have previous suicide attempts.

What’s different from traditional suicide is that the self-hate turns against a group. They start asking themselves, “Whose fault is this?” Is it a racial group or women or a religious group, or is it my classmates? The hate turns outward. There’s also this quest for fame and notoriety.

People aren’t used to thinking that this kind of thing could be real because the people who do mass shootings are evil, psychopathic monsters and this is a kid in my class. Three days earlier, that school shooter was somebody’s son, grandson, neighbor, colleague or classmate. We have to recognize them as the troubled human being earlier if we want to intervene before they become the monster.

What is the pathway to violence for these people, where does this come from?

Politico: In your book, you say that in an ideal world, 500,000 psychologists would be employed in schools around the country. If you assume a modest salary of $70,000 a year, that amounts to over $35 billion in funding. Are you seeing any national or state-level political momentum for even a sliver of these kind of mental health resources?

Densley: Every time these tragedies happen, you always ask yourself, “Is this the one that’s going to finally move the needle?” The Republican narrative is that we’re not going to touch guns because this is all about mental health. Well then, we need to ask the follow-up question of what’s the plan to fix that mental health problem. Nobody’s saying, “Let’s fund this, let’s do it, we’ll get the votes.” That’s the political piece that’s missing here. Too often in politics it becomes an either-or proposition. Gun control or mental health. 

SCOPE: It’s interesting that Densley singles out Republicans about not funding mental health issues when it’s Democrats who immediately single out the problem as guns and give lip service to mental health, since the Democrats real goal is no guns and is not increased mental health.  As evidence, consider Kathy Hochul’s much taunted recent gun laws which do not deal with mental health issues.

Politico: I was struck by a detail in your book about one of the perpetrators you investigated. Minutes before he opened fire, you report that he called a behavior health facility. Is there always some form of reaching out or communication of intent before it happens?

Peterson: You don’t see it as often with older shooters who often go into their workplaces. But for young shooters, it’s almost every case. We have to view this “leakage” as a cry for help. If you’re saying, “I want to shoot the school tomorrow,” you are also saying, “I don’t care if I live or die.” You’re also saying, “I’m completely hopeless,” and you’re putting it out there for people to see because part of you wants to be stopped.

We have to listen because pushing people out intensifies their grievance and makes them angrier. The Parkland shooter had just been expelled from school and then came back. This is not a problem we can punish our way out of.

SCOPE: Perhaps we can’t punish our way out but there has to be personal responsibility for bad acts.  Most people, not just the kind of people described earlier, will see a lack of being held responsible for bad acts as a green light.

KAMALA QUOTES  by Tom Reynolds

Some quotes from the person only “one heartbeat from the presidency”.  Remember these quotes the next time someone calls for Joe Biden’s impeachment and remember which political party brought you both Joe and Kamala.

“I think that, to be very honest with you, I do believe that we should have rightly believed what we certainly believe, that certain issues are just settled.”

“The significance of the passage of time, right?  The significance of the passage of time, so when you think about it there is great significance to the passage of time.  There is such great significance to the passage of time.”

“For Jamaica, one of the issues that has been presented as an issue that is economic in the way its impact has been the pandemic…We will assist Jamaica in Covid recovery by assisting in terms of the recovery efforts in Jamaica that have been essential.”

“Space is exciting.  It spurs the imaginations and forces us to ask big questions.  Space, it affects us all, and it connects us all.”

“When we talk about children of the community, they are a children of the community.”

“We will work together and continue to work together to address these issues, to tackle these challenges, and to work together as we continue to work, operating from the new norms, rules and agreements that we will convene to work together on, to galvanize global action…and I know we will work on this together.”

“Despite the odds and obstacles, we push to move forward, that we are guided by what we see, that can be, unburdened by what has been.”

“I think there can be no higher priority than what we have been clear is our highest priority.”

“We got to take this stuff seriously, as seriously as you are because you have been forced to have to take it seriously.”

“Despite all the odds and obstacles, we push to move forward, that we are guided by what we see, that can be unburdened by what has been.”

Of course, there is future Obama VP Joe Biden’s quote about then Senator Barack Obama: “I mean, you’ve got the first sort of mainstream African American who is articulate and bright and clean.  That’s a storybook, man.” 

At least Biden did not later describe his future VP as “articulate and bright and clean”.  Articulate would really have been a stretch.

Lawsuits Everywhere  by Tom Reynolds

For too long, conservatives, in general, and gun owners, in particular, have been put on the defensive by the never-ending attacks from the left. Der Fuhreress, Kathy Hochul, attempted to continue this trend with the latest gun control laws in which she tries to out Cuomo Cuomo.  (Note that Cuomo passed the SAFE Act using a Writ of Necessity to bypass measured debate and Hochul’s laws were passed in the same way.) 

Fortunately, some gun owners are going on the offensive and New York will now be buried in lawsuits challenging the constitutionality of those laws.  Let’s hope this will keep New York’s anti 2nd Amendment Attorney General Letitia James busy defending those laws instead of dreaming up new attacks on gun owners.  Of course, James is working on the taxpayer’s dime so money is not an issue for her.

Note that this suit was filed in federal court to bypass Cuomo appointed judges in New York State courts.  The Southern District of NY is not the most liberal court in the USA but it’s “up there”, so appeals will probably happen, no matter who prevails in that court.

Below is a link to an article which explains the background very well.

The link also includes the actual lawsuit.  It’s worth reading the “Allegations of Fact” to discover how difficult, time consuming and expensive it is to get a pistol permit in New York City.  (It’s almost as if the city does not want you to have a permit!)

The only down side to these lawsuits – other than they are necessary – is that gun owners who might have gotten motivated to – let’s say do something like – VOTE, will once again go inactive and let someone else do all the work.  We can’t let that happen or the anti 2A’s will once again win in November and double down on their attacks. 

We are hearing that even more lawsuits are coming.  

N.Y. Gov. Hochul Sued Over Requirement to Hand Over Social Media Accounts to Apply for Gun License – Professional Troublemaker ® (professional-troublemaker.com)

Interpretations of New Gun Laws  by Mike Jankowski, Wayne County Clerk

Gun owners in New York State have been searching for answers about the confusing new laws that the Der Fuhrer(ess)’ regime has just implemented.  Wayne County Clerk Mike Jankowski has attempted to clarify some of the new laws.  The below link will give you access to “View the Firearm Fact Sheet”, where Mike explains his understanding of the new laws.  (Please understand that the procedures may vary from county to county and there will be future reinterpretations, but this is a good starting point.)

If you are an attorney or masochist – or both – and want to read the actual 20 page law entitled, Licensing and other provisions related to firearms”, Mike’s web site also gives you access to it on “Pistol Restrictions Law”

https://web.co.wayne.ny.us/186/County-Clerk

Thanks to Mike Jankowski for his efforts.

NYSSA Chimes in too  by Tom Reynolds

Yesterday, we brought you a statement on Hochul’s new gun laws by the President of the NY State Troopers’ PBA.  Today, the NY State Sheriff’s Association has also spoken out.   Apparently, only Kathy Hochul and her Democrat counterparts in the legislature feel that those new laws were necessary and were handled properly.

Our only disagreement with the NYSSA is that “some action was necessary.”  As we have stated many times, decisions made in moments of emotion are usually wrong.  What was necessary was a “time out” to contemplate if laws were necessary and, if so, that they are effective laws and not more “feel good laws” from the left.

We could not agree more that the Democrats’ so-called Bail Reform Law is a disaster.  Now there is a law worth declaring a “necessity” to repeal.  But, as Hochul and company prove once again with these new laws, law-abiding citizens are at the bottom of their priorities while criminals take priority.

NEW YORK STATE SHERIFF’S ASSOCIATION STATEMENT ON PASSAGE OF NEW YORK GUN LAW.

Once again the New York State Legislature has seen fit to pass sweeping new criminal justice laws that affect the rights of millions of New York citizens, and which impose burdensome new duties on local government officials, without any consultation with the people who will be responsible for carrying out the provisions of those new laws.  This has become a habit with the Legislature and has resulted in other criminal justice disasters such as New York’s so-called Bail Reform Law.

Some action by the Legislature was necessary to fill the firearms licensing vacuum created when the Supreme Court struck down New York’s unconstitutional restrictions on our citizens’ right to keep and bear arms.  But it did not need to be thoughtless, reactionary action, just to make a political statement.

The new firearms law language first saw the light of day on a Friday morning and was signed into law Friday afternoon.  A parliamentary ruse was used to circumvent the requirement in our State Constitution that Legislators — and the public — must have three days to study and discuss proposed legislation before it can be taken up for a vote.  The Legislature’s leadership claimed, and the Governor agreed, that it was a “necessity” to pass the Bill immediately, without waiting the Constitutionally required three days, even though the law would not take effect for two full months.  Consequently, law enforcement agencies and the courts, which bear most of the responsibility for implementing the new licensing laws, were deprived of any opportunity to point out to Legislators the burdensome, costly, and unworkable nature of many of the new laws’ provisions.  And, of course, our citizens, whose rights are once again being circumscribed, probably again in unconstitutional ways, had no opportunity to communicate their concerns to their legislative representatives.

We want to be clear: The Sheriffs of New York do strongly support reasonable licensing laws that aim to assure that firearms do not get into the wrong hands.  We do not support punitive licensing requirements that aim only to restrain and punish law-abiding citizens who wish to exercise their Second Amendment rights.  If we had been consulted before passage of these laws, we could have helped the Legislators discern the difference between those two things, and the result would have been better, more workable licensing provisions that respect the rights of our law-abiding citizens and punish the lawbreakers.

The Best Laid Plans Of Mice and Men Sometimes Go Astray  by Tom Reynolds

You may have missed it, but Senator Patrick Leahy has a broken hip and that may be the most consequential news in the last two weeks of consequential news.  The 82-year-old in question had surgery after a fall last Thursday and is said to be resting comfortably.

Per verywell health’s web site, ‘full healing of a broken hip can take many months. Most fractures take 10-12 weeks for healing, and the muscle strength and mobility can take much longer. Typically, people get close to their full recovery within 6 months of the injury, but it can take up to a full year to achieve as much improvement as possible.’

While Leahy recuperates, he won’t be able to cast votes and Democrats won’t be able to pass anything on a straight party line vote. 

With polls predicting a Republican wave in the November election, just six months from now there will be a new and possibly Republican majority Senate.  If Joe Biden and the extreme left wants to push through their extreme agenda and confirm extreme appointments such as judges and the BATFE Director, their window is narrowing to the period when Leahy is back.  (And remember, at 82 healing is usually slow.)  It’s likely Leahy won’t be available until after Labor Day and probably only available for big votes for awhile after that.  As the elections get close, about one-third of the Senate will want to be campaigning and, also, they’ll want to avoid controversial Senate votes that will cost them votes.

Up until now, the Senate was split 50-50 but Vice President Kamala Harris could cast a tie breaking vote.  Democrat Senator Joe Manchin was often the only vote for common sense among Democrat Senators and he kept some of their most egregious bills from passing. 

If – and it’s a big if – Republicans hold the line they can stop the Democrats cold, at least for the next few months.  They would also have the ability to trade votes on issues if they wanted to go on offense.

Senate Majority Leader Chuck Schumer will be spending some time planning out how to get the biggest bang in the shortest time, and for him – as usual – politics will dominate his thinking.  (Oh yeah, he’s one of the Senators running for reelection.)  He’ll have to work on both a best-case and worst-case scenario AND he’ll also have to coordinate with Nancy Pelosi who has to coordinate with her own radical left.  Won’t that be fun.    

Although New York’s Democrat two Senators will be no help, now is the time to contact the Senate Minority leaders: Mitch McConnell (Minority Leader); John Thune (Whip); John Barrasso (Conference Chairman) and tell them you will be watching and you expect them to hold-the-line.  They have a chance to cement in the November election or blow up their lead

Contact Mitch McConnell Contact John Thune Contact John Barrasso

202-224-2541 202-224-2321 202-224-6441

*phone numbers above are from US Senate website; if incorrect, Senate Switchboard: 202-224-3121*

Message from NY StateTrooper PBA President Tom Mungeer

Arbitrary and Capricious - Legislating by Knee-Jerk Reaction

As expected, Gov. Kathy Hochul’s convening of an extraordinary session of the New York State Legislature this week to hastily draft and vote on new, asinine gun “safety” legislation in response to the United States Supreme Court's decision in NYSRPA v. Bruen - which our governor called reckless and reprehensible - was nothing short of a complete shit-show.

 Senators and members of the Assembly congregated from around the state in Albany Thursday only to find there was no actual legislation to read, only disjointed ideas being discussed behind closed doors. As of this writing, there still is no definitive concrete plan. The following is my ranting op-ed about what the Governor seems to want to enact.

Under the conceptual new concealed carry law, guns would be banned from “sensitive areas” such as government buildings, parks, mass transit, health and medical facilities, places where children gather, daycare centers, schools, zoos, playgrounds, polling places, educational institutions and places where alcohol is served.  It also added new training courses and safe storage requirements in vehicles plus requirements in the purchase of ammunition for guns that require a permit, including that a check will be required to purchase ammunition, and a permit will need to be shown at the time of purchase. In addition, any private business is considered off limits for concealed carry permit holders unless there is a sign displayed saying otherwise. 

I find it rather ironic that they want guns banned from “any gathering of individuals to collectively express their constitutional right to protest or assemble.” So, you can protest the new gun law as long as you don’t have a gun. The only thing that they seem to have gotten right is that it appears, for now, that active and retired law enforcement will be exempt from the new regulations (as of this writing).

When asked where one could possibly go with a concealed weapon as a result of the new law, Governor Hochul replied, “Probably some streets.” (Are you kidding me? Our elected officials are out of their damn minds!)

In response, I think I’ll defer to the majority opinion written by Supreme Court Justice Clarence Thomas who stated, “expanding the category of ‘sensitive places’ simply to all places of public congregation that are not isolated from law enforcement defines the category of ‘sensitive places’ far too broadly…and would eviscerate the general right to publicly carry arms for self-defense…”

According to constitutional expert Andrew Lieb, "It's very unclear if it's going to appease the new Supreme Court standard and it's likely going to result in another Second Amendment constitutional crisis." 

Legislating by knee-jerk reaction has proven time and time again to not work. When you create bad policy, you create bad law. According to the opinions of more than a few, many aspects of this law are unconstitutional as well. Where else but New York can a group of elected officials get together and collectively punish - not the criminals who will do whatever they want anyway - but the millions of law-abiding citizens who legally own a firearm? As we all know, criminals aren’t going to go out and get a concealed carry permit before committing armed robbery.

Cue the New York State Rifle & Pistol Association. Your turn, ladies and gentlemen.

A Voice from the Other Side of the Aisle

"They create a target for criminals. If you're going to identify a location and you're going to tell the criminal that at that location there will be no law-abiding New Yorkers who will safely and securely carry a firearm for their own self-defense, you are putting the safety of other people at that location at risk. So, I actually think what they're doing in Albany will make New York less safe."

-          GOP gubernatorial candidate Lee Zeldin

Who’s Out of Touch? Governor Hochul’s Top 10 Quotes from this Week

10) This is not the wild west. This is New York state.

9) The SCOTUS is ruling “totally out of touch” with what most New York residents want.

8) We [State elected officials] know that we have more powers than people may realize and we're going to institute those to make sure New Yorkers are safe.

7) I can't shut off all places. The decision said you cannot say the entire island of Manhattan is off limits. I will go right up to the line. I will not cross the line.

6) I'm trying to prevent deaths while respecting the rights of gun owners. We'll find the right balance. I'm very familiar with the culture and I understand people's concerns, but I have a responsibility to protect lives in this state, and that's what I'm doing.

5) While the Supreme Court's appalling decision to strike down New York State's concealed carry law has potentially vast and far-reaching implications, it does not activate any immediate changes to State gun license and permit laws, nor does it allow residential permit owners to carry their weapons outside their homes. As the case returns to lower court, we encourage responsible gun owners to continue to follow their current restrictions, and always put safety first. 

4) The presumption is that private property owners will not want to have concealed carry weapons on their premises, but should they decide they do, they would actually affirmatively put a sign in their window...'Concealed carry weapons welcome here' - otherwise the presumption will be in the state of New York that they are not.

3) If the federal government will not have sweeping laws to protect us, then our states and our governors have a moral responsibility to do what we can and have laws that protect our citizens because of what is going on - the insanity of the gun culture that has now possessed everyone all the way up to, even to the Supreme Court.

2) This is dealing with the fact that the Supreme Court less than one week ago turned our world upside down. And now it says that there's gonna be a much higher number of people walking our streets going on the subway sitting next to someone on a bus unless we take the action to protect our citizens.

1) When asked if she had “the numbers to show it’s the concealed carry permit holders that are committing crimes” – “I don’t need to have numbers. I don’t need to have a data point to say this.”

The Empire (State) Strikes Back  by Steve Dallas

Summer is the time for movie sequels.    Heroes return for yet another adventure, from Tom Cruise’s “Maverick” to Marvel Comics’ “Thor.”  Villains resurrect their evil schemes, be they the Joker from “Batman” or the Sith Lords of “Star Wars.”

There isn’t a new “Star Wars” movie this summer.  However, in New York, gun owners are seeing their own unfortunate sequel, as empress wannabe Kathy Hochul’s Empire Strikes Back against the Second Amendment.

Less than a week after the United States Supreme Court came out with a full-throated support for the right of self-defense, Darth Hochul and her Democrat minions (with no Republican votes) passed some of the most draconian gun control laws in American history, all aimed directly at law-abiding gun owners, not at criminals.

In New York State Rifle and Pistol Association v Bruen, the high court struck down New York's requirement that an unrestricted handgun permit applicant demonstrate a "special need… distinguishable from that of the general community”, if he or she wanted to carry for self-defense.  As SCOPE members know, the state’s licensing process was entirely discretionary, arbitrary - and in many jurisdictions - licensing officers (usually the county judge) simply refused to issue permits for self-defense outside the home.   In Bruen, the Court ruled that these arbitrary restrictions were unconstitutional and violated the Second Amendment's guarantee to keep "and bear" arms for self-defense.  Because the “special need for self-protection” was “distinguishable from that of the general community,” the law amounted to a prohibition on ordinary citizens exercising their constitutional right to bear arms outside the home.  Quoting District of Columbia v Heller (2008), Justice Clarence Thomas observed, “A constitutional guarantee subject to future judges’ assessments of its usefulness is no constitutional guarantee at all.”   He also pointed to the need for "narrow, objective, and definite standards" guiding licensing officials. Therefore, the Court invalidated New York’s law.

Unfortunately, in doing so, the court also observed that some restrictions on firearms were potentially consistent with the Second Amendment. Justice Brett Kavanaugh’s concurrence reiterated language from Heller and McDonald v Chicago: “[N]othing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”

Like an exhaust port on the Death Star, this small opening was enough for Hochul to unleash her full assault on the Second Amendment.   Declaring that New York would restrict guns to the point where gun owners in the State would "go back to muskets," she called the Democrat-controlled Legislature back from recess to pass an “objective” permit law that contains no “special need” requirement for conceal carry, which now requires:

• three-year renewal of licenses;

• a police investigation, fingerprints, and four character references;

• disclosure of an applicant’s social media accounts going back three years.  (Plus, the government can request any other information that is "reasonably necessary and related" to the process, which means any information, including, perhaps, ideological viewpoints);

• sixteen hours of classroom instruction, including two hours of live-fire training and qualification;

• an in-person interview with the licensing officer;

• a monthly police audit of every license-holder to see if a reason exists to revoke a license.

In terms of the conditions and qualifications on the commercial sale of arms, the new law creates new hurdles to purchasing both guns and ammunition.   In lieu of (or in addition to), the current federal instant NICS check, the New York State Police will be tasked with conducting the checks for every firearm and ammunition purchase made in New York State.  Also, “there shall be a statewide license and record database specific for ammunition sales” and the legislation would require that firearms dealers record all ammunition sales in the database.

Finally, in what appears to be the most blatant rebellion against the Bruen ruling, Hochul has criminalized, as a felony offense, concealed carry in perhaps 98% of the state.  The legislation creates the crime of possession of a firearm, rifle or shotgun in a "sensitive location,” which are defined as:

• Federal, State and local government property;

• Any place that provides healthcare, mental health care, or addiction treatment services

• Any place of worship or religious observations;

• Public parks, public playgrounds, zoos and libraries;

• Any place, or the location of any program, licensed, regulated, or operated by DOH, OASAS, OCFS, OMH or OPWDD;

• Nurseries, preschools and summer camps;

• Homeless shelters, youth homes, family shelters, DV shelters, etc.;

• Schools of all education levels;

• Public transportation;

• Any establishment that serves alcohol;

• Entertainment venues such as stadiums, concert halls, racetracks, museums amusement parks, conference centers, etc.;

• Polling places;

• Any public sidewalk or property that restricted from general public access for a special event that has been issued a permit for the same;

• Any gathering of individuals to collectively express their constitutional rights to protest or assemble (ex: SCOPE meetings ?!?);

• Times Square;

• all private property at which the property owner does not post a sign welcoming firearms.

Under threat of becoming a felon, the gun owner has the burden to know he or she is in a sensitive location, even if there is no sign indicating that it is a sensitive location.

Hochul, when asked where permit holders would be allowed to carry weapons, smugly replied, "probably some streets."

Because nearly all of the state is now defined as a forbidden zone except for “some streets,” a person who leaves a firearm in his or vehicle is required to lock it in a fireproof and impact-proof vehicle safe or face a misdemeanor charge and up to a year in jail.  At home, safe storage requirements would attach when a person cohabitates with any individual under the age of 18, up from 16.

These new requirements will generally take effect September 1, 2022, to allow DCJS additional time for implementation, and some sections will go into effect April 1, 2023.

Republican lawmakers are already raising concerns, not only about the fairness and practicality of the new laws, but also their constitutionality, contending many of the new measures have already been ruled unconstitutional by the Supreme Court.    In fact, in Bruen, the Court flagged some limits on shall-issue regimes: “[B]ecause any permitting scheme can be put toward abusive ends, we do not rule out constitutional challenges to shall-issue regimes where, for example, lengthy wait times in processing license applications or exorbitant fees deny ordinary citizens their right to public carry.”

As Justice Thomas noted, The point of a fundamental right is that one must be able to exercise it. The phrase “keep and bear arms” in the Second Amendment would be rendered practically meaningless if New York’s gun regulations had been allowed to stand because the average citizen could only keep a gun at home, not bear it elsewhere.  He further specifically stated “there is no historical basis for New York to effectively declare the island of Manhattan a ‘sensitive place’ simply because it is crowded and protected generally by the New York City Police Department.”     If New York cannot effectively declare an entire city a “sensitive place” under Bruen, it stands to reason it cannot constitutionally declare ninety-eight percent of the state to be “sensitive.”

Beyond Second Amendment concerns, asking applicants to sign away their privacy rights for social media accounts, raises a potential violation of their First Amendment rights.

Given the above, it is all but certain that litigation to overturn some, or all, of Hochul’s latest attack on the Second Amendment will occur.   In fact, in Washington D.C., four gun owners have filed a lawsuit against the District, arguing that the District’s ban on carrying firearms on the D.C. subway is unconstitutional in light of the Supreme Court’s recent decision in Bruen.  Expect a similar challenge in regard to New York’s transit system.

However, these court cases will not resolve the issue overnight.   We cannot expect New York’s appellate judges, many (if not most) of whom were appointed by democrats, to suddenly become enamored with the Second Amendment because the Supreme Court said so. Democrat-controlled courts will resist Bruen the same way they resisted Heller.  It would be surprising if the Supreme Court returns to the issue in less than a decade.

While we wait for the courts, our gun rights are once again in the hands of elected officials and we need to insist they support us.  Vote only for Second Amendment friendly candidates at every level:  Federal, state and local (even town, village and school boards).  We have just seen the lengths that democrats will go to in order to deprive us of our constitutional rights. This especially includes your local judges and the people who appoint appellate judges (the president and governor).     Do not accept “I can’t comment,” or “let’s see how it plays out in court,” or “the governor will remove me if I defy the law” as an answer.  And, never assume that any Democrat candidate will support the Second Amendment, no matter what he or she says.    Remember: When Hochul ran for Congress in rural Western New York, she pretended to be pro-gun, and even received an NRA endorsement before being converted to “the dark side.”  A similar “conversion” befell Senator Kristin Gillibrand and even Joe Biden once remarked, in 1985, “I have never believed that additional gun control or federal registration of guns would reduce crime,” before becoming a gun-grabbing zealot. 

It may take many years, and many “sequels,” in court and at the ballot box, to win against the evil empire.    However, New Yorkers fought for decades, if not a century, for our Second Amendment rights and we will not stop now.   May the Constitution be with us, always.

Pearl Harbor Again  by Tom Reynolds

Last Friday, July 1^st, 2022—a date which will live in infamy—the United States of America’s Constitution and its Second Amendment was suddenly and deliberately attacked by the Empire State of New York.

The United States Constitution was at peace with that state and, at the solicitation of the New York State Rifle and Pistol Association, had been in conversation in the Supreme Court with its government and its Empress, looking toward the maintenance of peace in New York.

Indeed, it was only hours after the Supreme Court’s decision that New York’s Empress had commenced attacking the U.S. Constitution.  

It will be recorded that the distance between the Supreme Court’s decision and New York’s attack makes it obvious that the attack was deliberately planned. During the intervening time between the Supreme Court decision and the attack on the U.S. Constitution, the New York Empress had deliberately sought to deceive the United States by false statements about concern for the safety and security of New York citizens.

The attack, Friday, on the U.S. Constitution has caused severe damage to American rights and values. I regret to tell you that very many American rights have been lost. In addition, the New York government also launched an attack against 1^st Amendment rights and free speech.

New York has, therefore, undertaken a surprise offensive extending throughout the New York area. The facts of Friday speak for themselves. The people of the United States have already formed their opinions and well understand the implications to the very life and safety of our nation.
All measures be taken for our defense. But always will our whole nation remember the character of the onslaught against our rights.

No matter how long it may take us to overcome this premeditated attack, the American people in their righteous might will win through to absolute victory.

I believe that I interpret the will of the Supreme Court and of the people when I assert that we will not only defend ourselves to the uttermost, but will make it very certain that this form of treachery shall never again endanger us.

Hostilities exist. There is no blinking at the fact that our people, our territory, our rights and our interests are in grave danger.

With confidence in our electoral forces, with the unbounding determination of our people, we will gain the inevitable triumph—so help us God.

I ask that the Congress declare that since the unprovoked and dastardly attack by New York on Friday July 1^st, 2022, a state of war has existed between the United States Constitution and the Empire State of New York.