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  • 01/31/2024 3:14 PM | Anonymous

    NY Proposed Bills A3855 and S5763

    Proposed bills A3855 and S5763 (same as bills) were introduces into the NY Legislature in February and March 2023 by Assemblywoman Chantel Jackson (D, Bronx, NYC) and  Senator Kevin Parker (D, Brooklyn, NYC).  At that time, they were referred to committee, where they have sat. 

    Something may be going on with them as SCOPE is hearing about activity on them in January 2024.

    Gun owners be warned…these are extreme anti 2nd Amendment bills that would not stand up to scrutiny under the Bruen decision.  (But constitutionality never stopped the radical Left who seem to say, “Pass it and let them bankrupt themselves suing us.”)

    From the official summary: Relates to establishing additional requirements to purchase a firearm, shotgun or rifle; requires a person to apply for a hunting license prior to the purchase of a shotgun or rifle; establishes additional requirements for all firearms, shotguns and rifles including taking a five hour gun safety course and exam, passing a shooting range test with 90% accuracy, providing notarized proof of a passed drug test and mental health evaluation, providing proof of purchase of firearm and ammunition safe storage depositories and passing a criminal background check.  (Emphasis added.)

    Specifically, to purchase a firearm, rifle or shotgun, no license shall be issued or renewed:

    • except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true. (More on this later.) 
    • except for an applicant who has provided notarized proof of a passed drug test by a licensed physician; (Added cost & time.  Shouldn’t the government have to prove you failed a drug test.)
    • unless the applicant has provided notarized proof of a passed mental health evaluation by a licensed physician; (Added time & cost.  Purely subjective.)
    • unless the applicant has successfully completed live firing instruction and a test with at least ninety percent accuracy at a shooting range using the type of firearm he or she anticipates purchasing, possessing or acquiring.  There is an exception for Honorably Discharged Veterans; (No standards for the test Notice that they still used traditional gender terms…the Woke police will be coming for them!)
    • unless the applicant has purchased a safe storage depository for his or her firearms and ammunition as evidenced by a receipt of such purchase.  (If you don’t have the receipt or it was a gift, there is no exception in the law for producing the actual storage unit.)  

    Prior to the purchase of any rifle or shotgun a person shall also apply for a hunting license.  (Sorry, no self-defense.  You must hunt Bambi.)

    No hunting license for the purchase of a rifle or shotgun shall be issued except for an applicant:

    • who is not an unlawful user of or addicted to any controlled substance as  defined in  section  21 U.S.C.  802 and
    • who has provided notarized proof of a passed drug test by a licensed physician; (Added cost & time.  Shouldn’t the government have to prove you failed a drug test.)
    • who has stated whether he or she has ever suffered any mental illness.  (Not every mental illness makes you a risk but it will disqualify you.) 
    • who has provided notarized proof of a passed mental health evaluation by a licensed physician; (Added time & cost.  Purely subjective.)
    • who has successfully completed a five hour firearms safety course. Exception for Honorably Discharged and can produce evidence of official qualification in firearms during the term of service.  (More time & cost.)
    • who has successfully completed live firing instruction and a test with at least ninety percent accuracy at  a shooting range using the type of rifle or shotgun he or she anticipates purchasing, possessing or acquiring; (No standards for the test.)
    • who does not have a criminal record which would otherwise disqualify him or her from purchasing a shotgun or rifle; and
    • who has purchased a safe storage depository for his or her rifle or shotgun and ammunition.  (If you don’t have the receipt or it was a gift, there is no exception in the law for producing the actual storage unit.)  

    Before a license is issued, there shall be an investigation of all statements related to the requirements of this section by the duly constituted police authorities of the locality where such application is made.  (They have to investigate the truth in your statements.  Remember how efficiently and timely the new law on background checks has gone.  This puts those background checks on steroids.)

    For that purpose, the records of the appropriate office of the department of mental hygiene concerning previous or present mental illness of the applicant shall be available for inspection by the investigating officer of the police authority.  (When the Left was pushing legalizing drugs, it said that reporting discourages people from dealing with their mental health issues.  Let’s not encourage gun owners with a mental health issue from coming forward, it’s not like they are in a favored class, like drug addicts.)

    In order to ascertain any previous criminal record, the investigating officer shall take the fingerprints and physical descriptive data in quadruplicate of each individual by whom the application is made.     

    one standard card shall be forwarded to and retained by the division of criminal justice services in the executive department, at Albany.   A search of the files of such division and written notification of the results of the search to the investigating officer shall be made without unnecessary delay. (Good luck on that!)  Thereafter, such division shall notify the issuing officer and the executive department, division of state police, Albany, of any criminal record of the applicant filed therein subsequent to the search of its files. 

    second standard card, (supplied by the federal bureau of investigation), shall be forwarded to that bureau at Washington with a request that the files of the bureau be searched and notification of the results of the search be made to the investigating police authority. 

    one shall be filed with the division of state police, in Albany, within ten days after issuance of the license, 

    the other remain on file with the investigating police authority.

    In acting upon an application, the issuing officer shall either deny the application for reasons specifically and concisely stated in writing or grant the application and issue the license applied for.

    Summary reaction:

    You have to pass a test to exercise your Constitutional rights.  What’s next, a civics test to exercise 1st Amendment rights?

    Lots of added time and cost.  The recent background check laws should warn us as to what will happen.

    Medical practitioners are increasingly pressured to toe-the-line on Leftist issues.  A mental health exam is subjective.

    No procedure for challenging any of this is included.  But then again, you won’t be able to afford the challenge, anyway.

    Will NY State and local entities be hiring additional staff to expedite the handling of these licenses?

  • 01/29/2024 1:45 PM | Anonymous

    Natural Allies  by Tom Reynolds

    2nd Amendment (2A) defenders face an increasingly leftist and extreme-bordering-on-insane agenda in the Democrat controlled NY Legislature.  The Left will do anything to promote their agenda to tear down traditional and constitutional American values.  And it is not confined to 2nd Amendment issues.  2A defenders need to be aware of some of the other insanity happening in Albany as this insanity creates natural allies to those of us opposing the Left on 2A issues.

    Destroying ‘Parental Rights’ has been one of the Left’s goals and two proposed ‘companion bills’ in the NY Legislature would be a giant step forward for the extreme Left.  However, these bills should also motivate those on the right to vote these politicians out of office. (And by-the-way, these are the same politicians who would take away our 2A rights.)    

    For more than a decade, New York legislators have been steadily raising the minimum age for minors to do things that have any risk.  In New York State,

    You have to be at least 18:

    • to use a tanning saloon;
    • to get married;
    • to be prosecuted as an adult;
    • to get piercings and tattoos without parental consent.

    You have to be at least 21:

    • to buy a semi-automatic rifle;
    • to buy tobacco and e cigarettes;
    • to buy nitrous oxide cylinders

    Consistency never being a trait of politicians in general and leftist politicians in particular, children are now being threatened by the latest round of left-wing madness; bills A6761 and S8352 propose doing away with the age of medical consent, without parental approval.

    The official descriptions of NY legislature bills A6761 and S8352 say: “allows homeless youth to give effective consent to certain medical, dental, health, and hospital services, provides for insurance coverage of such health care services consented to by such youth.“  (Emphasis added.)

    Do you believe the bill’s description or your lying eyes?

    A6761 / S8352 allows any medical procedure, including trans surgery, for ALL children, not just runaways and homeless minors, without parental consent.

    The key language in the bill says, “Any person, including a minor, who comprehends the need for, the nature of and the reasonably foreseeable risks and benefits involved in any contemplated medical, dental, health and/or hospital services and any alternatives thereto, may give effective consent to such services for themselves, and the consent of no other person shall be necessary.”  (Emphasis added.)

    Under this law, a 12 year old can decide what medical care he / she will receive, including genital mutilation surgery in the name of ‘affirmative’ health care.

    Question: why is this law necessary, since a New York law already allows physicians to treat runaway youth if the child’s health is in danger and a parent cannot be reached.*  

    Answer: to the Left, the law is necessary because A6761 / S8352 will cover ALL children not just homeless and runaway youth and it can be used to promote the gender confusion agenda of the Left.

    This bill ‘s authors obviously believe that parents are not to be trusted with their children’s healthcare - and that the child knows better than the parents. Do children know enough about their own personal and familial medical history to make life-altering medical decisions?  Do children have the knowledge and experience to make life altering decisions? Is completely removing parental involvement in a child’s healthcare a good thing?

    Oh yes, parents will still be legally responsible for the care of the child if there is any fallout or complications.

    Nothing in A6761/S8532 prevents minors from being recruited for experimental procedures. There are no protections for developmentally disabled minors, especially those who are not visibly disabled.  Do children feel mentally strong enough to challenge adults promoting a political agenda?

    2A defenders are no less concerned about their children’s welfare than those with no interest in 2A.  And the people endangering our children are also the people endangering 2A.  The extreme leftists have built a bridge between factions that oppose leftist goals. We need to take advantage of that bridge and work with these other groups to rid our state of this insanity.  

    You have an issue of mutual interest and pursuing that issue will have the added benefit of defending 2A.

    *New York Public Health Law, Paragraph 4.

  • 01/24/2024 12:08 PM | Anonymous

    Anti 2A Bills

    Numerous anti-2A bills get proposed in the NY State legislature every year.   It’s educational to follow a few of them and see the various issues surrounding them.

    Keep in mind that the current legislative session includes calendar years 2023 and 2024.  Any bill introduced in 2023 and not rejected is still alive in 2024.  (It dies and must be reintroduced after 2024.)


    On January 4, 2023, State Senator Sean Ryan, Brian Kavanagh, Iwen Chu and Julia Salazar (all Democrats) filed proposed law S138 to remove the National Rifle Association from the list of entities authorized to grant certificates as instructors in small arms practice.

    S138 is the same as Assembly bill A0663

    S138 was passed by the Senate on June 7, 2023 (41 to 20) and was delivered to the Assembly

    Assembly has not ever taken a vote on it.

    S138 was referred back to Senate Codes Committee

    Note: The NRA has a decades long record of first-rate firearm instruction.  Why would it be removed from the list of eligible instructors for anything but political reasons?  This is an excellent example of the Democrat Party using its political power to punish those of which they disapprove.


    On January 4, 2023 State Senator Sean Ryan has also filed proposed law S140 which would revoke a license to carry, possess, repair and dispose of firearms for a conviction for failure to safely store rifles, shotguns, and firearms.

    S140 was referred to Senate Codes Committee.

    Note:  No conviction for any crime is necessary, just fail to store your firearm in accordance with NYS regulations and you would lose your 2A rights.  Sounds unconstitutional, but when has that ever stopped a Democrat gun grabber?


    On March 27, 2023, State Senator Kevin Parker filed proposed law S6033 stating that “Any person in this state who shall own a firearm shall, prior to such ownership, obtain and continuously maintain a policy of liability insurance in an amount not less than one million. Failure to maintain such insurance shall result in the immediate revocation of such owner's registration, license and any other privilege to own such firearm.

    S6033 was referred to Senate Insurance Committee.   

    Note If you don’t have liability insurance you lose your 2A rights!  What’s next, needing liability insurance to exercise your 1st Amendment rights in case you offend someone?  Again, unconstitutional but that doesn’t stop the Democrats.

    Here are three bills lurking in the background.  Do they have a chance of getting passed?  S138 got passed by the Senate and made it to the Assembly which is overwhelmingly Democrat but for some reason the Assembly Speaker did not bring it up for a vote.  The other two are sitting in Senate committees and could be acted upon at any time.

    So, what do we do?

    Democrats Kavanagh, Chu, Salazar and Parker all have districts in the NY City / Long Island area and are probably safe from 2A supporters effectively challenging them. 

    However, Parker is known for violent rages and has been convicted for them and also accused of rape.  Even the far left New York Times editorial board wrote that that Parker was "known as the man with frightening rages that could erupt at any time and on almost any subject…Mr. Parker should be censured, and voters in central Brooklyn should start recruiting a qualified replacement.”

    Will the Democrat Party do the right thing and replace him?  The seat would most likely still be in Democrat hands, in any case.

    Sean Ryan’s Senate District 61 stretches from Buffalo's inner suburbs to the southwestern corner of Rochester and including parts of Erie and Monroe Counties and all of Genesee County.  Registration is 37.8% Democrat and 33.6% Republican, so it is relatively close.  But in 2022, Ryan won with 56.6% to 43.3% so there are probably Independents in the district who are closet Democrats.  Is he beatable with a strong candidate and support?

    S138 passed the Senate on an almost straight party line vote; the only Republican to vote for it was Jack Martins, whose district is on the north shore of Long Island.  Martins is a different problem. His district registration is 40.4% Democrat to 28.4% Republican.  But in 2022 he defeated a Democrat incumbent 53.2% to 46.8%. 

    Was Martins tossing his Democrat constituents a bone when he voted for S138.

    The answer, again, is for 2A supporters (and others) to get motivated to vote in districts where there is a chance of victory.  Until Republican supporters of 2A get back a majority in the NY State Senate, we are in constant danger of having our 2A rights infringed.

  • 01/22/2024 12:53 PM | Anonymous

    Special Election on February 13th  by Tom Reynolds

    Republican George Santos was elected to Congress from a Long Island district in 2022.  He’s memorable because he was ‘ethically challenged’ in the extreme and is now an ex-member if Congress.  (I know - I know – he was not alone in Congress in having ethics problems, but that’s a discussion for another day.)

    A special election to replace Santos will be held on February 13th.

    The Republicans currently have a very small majority in the House so the special election will have significant impact.  Given the Republicans’ small majority and with Republicans and Democrats sharply divided on gun control – as well as many other issues – this election is important to all Americans and of special interest to all SCOPE members.

    Tom Suozzi is running on the Democrat ticket.  He said, “I’m proud of my F-rating from the NRA. We see these violent acts with guns happening much too often.”

    The Brady Campaign and Giffords endorsed Suozzi and Moms Demand Action named him a ‘Candidate of Distinction’.  Brady, Giffords and Moms are all rabidly anti-2A organizations so it’s fair to say that Suozzi is not 2A friendly.

    Mazi Melesa Pilip is running on the Republican ticket.  Being a political newcomer, there isn’t much available about her position on 2A.  One statement was that, on gun control, Pilip supports pro-gun interpretations of the Second Amendment, but makes clear the need for responsible regulations.

    Suozzi’s campaign, in an appeal to Democrats, sees it as a negative when they say this about her, “Pilip is also running on the Conservative Party platform that opposes common sense gun reform, even red flag laws.

    Pilip spoke about gun policy in an interview with Spectrum News.  When asked about preventing school shootings, she said there are "already policies in place that we have to make sure that we coordinate between the federal and state government."

    She favors an assault weapon ban, saying that while she respects the Second Amendment, she does not support automatic weapons.

    So, we have one rabidly anti-2A candidate (Suozzi) running against one who is at least mildly pro 2A (Pilip).

    A little about their background.

    Mazi Melesa Pilip is an Israeli-American.  She was born in Ethiopia and immigrated to Israel when she was 12 years old and later served in the Israel Defense Force's Paratroopers Brigade as a gunsmith. Pilip studied at the University of Haifa, where she earned a bachelor's degree in occupational therapy, and also at Tel Aviv University, where she earned a masters degree in diplomacy and security.

    Pilip has been a registered Democrat since 2012, but ran for the legislature on the Republican ballot line, serving in New York's Nassau County Legislature since 2022.

    Thomas Richard Suozzi is a politician, attorney, and accountant.  He had previously served eight years as the mayor of Glen Cove. He was the county executive of Nassau County from 2002 to 2009, when he was unseated by a Republican. He served as the Representative for New York's 3rd Congressional District from 2017 to 2023. 

    In 2006, Suozzi ran unsuccessfully against Eliot Spitzer for the Democratic nomination for governor of New York

    He retired from Congress to run again for the Democratic nomination for governor of New York in 2022, losing to incumbent governor Kathy Hochul.

    Since leaving Congress in 2023, Suozzi has been a ‘strategic adviser’ to clients rather than a registered lobbyist, since he was barred from lobbying Congress for two years as a former member.

    A SCOPE member lamented not knowing enough about a politician’s character.  Here is a little something.

    For one brief second, Suozzi was a 2A supporter.  Complaining about then President Donald Trump, Suozzi seemed to promote armed rebellion against Trump.  Suozzi said, “And then, you know, this is where the Second Amendment comes in quite frankly.”

    Suozzi took so much heat for that statement, his office tried to explain, “Congressman Suozzi explained why our founding fathers created the Second Amendment as a way for citizens to fight back against a tyrannical government that does not follow the rule of law.”

    I wonder if he feels the same way with Biden as President?

    Suozzi had other issues, too.

    The Stop Trading on Congressional Knowledge (STOCK) Act of 2012 is to prevent insider trading by Congress.  Ethics violations were lodged against Suozzi in 2021 and 2022 for failing to report $ millions in stock trades.  When Suozzi explained why he had not disclosed hundreds of stock trades in a timely manner, he told investigators: "Quite frankly, we have a lot going on in Congress. I have a lot of other stuff going on. And it's just not—ethics is a big priority for me. But…the…some of the formalities are not necessarily something I make a priority of."

    Business Insider published "Conflicted Congress" (an investigation of lawmakers' stock trades and financial holdings).  Suozzi was one of only 13 lawmakers given a "Danger" rating.

    In an amusing turn around, Democrats tend to run people based on race, gender, etc.  (VP Harris for example.)  But in this race, the Republican is a Black, Jewish, Ethiopian woman while the Democrat is a White male.  Will Democrats push diversity in this case?

    One final thought.

    This election is important to all of us because, when voting for any legislator, you are really voting for two people; the legislator and the head of the legislator’s party.  The latter might become the Speaker / Majority Leader due to the election and have enormous power over that legislative body.  A vote for Suozzi is a vote for a Democrat Speaker and a vote for Pilip is a vote for a Republican Speaker.  And you know which party’s leadership Is ant-2A.

    If you are interested in donating to either’s campaign:

    Mazi Pilip for Congress | Mazi for NY

    Suozzi for Congress - Let's Fix This!

  • 01/16/2024 12:07 PM | Anonymous


    Lots of laws took effect in January, covering more than just the 2nd Amendment.  Here is a list of new laws that SCOPE could find.  We hope its not a partial list and there aren’t any more lurking out there.

    With inflation eating up income, illegal immigrants flooding NY City and seeping into the rest of the state, crime increasing, NY citizens deserting NY for other states, high taxes, bureaucracies out of control and government agencies putting politics above all else, the NY legislature focused like a drunken sailor.  (With apologies to drunken sailors.)

    Note: Bill numbers for the NY Senate and NY Assembly are shown first.

    S.841-A    A.6177-A

    Requires petroleum bulk storage facilities to paint tanks white or beige/cream to reduce emissions of air pollutants.

    S.5685    A.4853-A

    Enacts the final phase of Brianna's Law, requiring all operators of mechanically propelled vessels to complete a boating safety course.

    A.3006-C   S.4006-C

    Increases the minimum wage to $16 an hour in New York City and Westchester, Nassau and Suffolk counties and to $15 an hour in the rest of the state.

    A.3006-C    S.4006-C

    Increases the rent subsidy payable to a foster child living independently from $300 per month to $725 per month.

    A.3006-C   S.4006-C

    Requires the chief administrator of the courts to issue regular public reports on the demographics and charges of pretrial commitments at local correctional facilities.

    S.4007-C     A.3007-C

    Provides for insurance coverage for behavioral health services.

    S.4007-C     A.3007-C

    Clarifies the definition of a clinical peer reviewer for substance use disorders and mental health evaluations.

    S.4007-C   A.3007-C

    Provides for electronic visit verification for personal care and home health providers.

    S.4008-C    A.3008-C

    Changes the retention percentage of certain motor vehicle related fees collected by county clerks from 12.7 percent to 10.75 percent.

    A.3009-C    S.4009-C

    Establishes a permanent 30% metropolitan transportation business tax surcharge.

    S.1331    A.4015

    Provides for the synchronization of multiple prescriptions for recipients of medical assistance by allowing partial refills.

    A.7690     S.7550

    Requires the cure affirmation for an absentee ballot to be received by the board of elections within seven days.

    S.7394-A     A.7632-A

    Establishes the New York Early Mail Voter Act, authorizing registered voters to obtain early mail voting ballots through application to the board of elections; requires the state board of elections to establish and maintain an electronic early mail ballot application transmittal system through which voters may  apply for an early mail ballot online.

    A.5948    S.6124

    Requires a whistle to be carried on all vessels, rowboats, canoes and kayaks; and requires fire extinguishers and use of engine cut-off switches on certain vessels.

    A.6480    S.6482-A

    Allows an individual with disabilities or a disabled veteran to hold full-time or part-time positions for purposes of eligibility for recruitment for state employment.

    A.5772    S.5162

    Allows an affirmation by any person, wherever made, subscribed and affirmed by that person to be true under the penalties of perjury, to be used in a civil action in New York in lieu of and with the same force and effect as an affidavit.

    A.5994-B     S.536-A

    Prohibits clauses restricting research about the health consequences of e-cigarettes and restricts the advertisement and promotion of electronic cigarettes.

    S.5621-B      A.2873-B

    Requires reporting of certain digital assets on the annual statement of financial disclosure filed with the Legislative Ethics Commission or the Joint Commission On Public Ethics.

    S.454-A     A.3116-A

    Directs counties to contact a veterans' organization to provide for the disposition of the unclaimed remains of a deceased veteran when such veteran has no next of kin or other person designated to provide for the disposition of his or her remains; develops an application process for veterans' organizations to receive reimbursement of costs associated with such funeral and burial services for indigent veterans.

    S.2330-B     A.345-C

    Requires the Department of Financial Services to make public any rate filing or application submitted by long term care insurance carriers; requires certain notices be provided to policyholders and certificate holders regarding premium rate increases.

    A.783   S.2630

    Authorizes the Department of Environmental Conservation to issue a certified nuisance wildlife specialist a deer cull permit after a review of the site-specific deer management plan and upon a finding that deer have become a nuisance, destructive to public or private property or a threat to public health or welfare.

    S.2599    A.133

    Establishes a dyslexia and dysgraphia task force and implements the findings of such task force.

    S.4234-A    A.4055-A

    Prohibits utility corporations from charging customers for gas or electric service which was rendered more than two months prior to the mailing of the first bill to the customer; requires utility corporations to provide a two-year history of charges in their bills.

    S.7537     A.7761

    Establishes the village incorporation commission to evaluate and make decisions regarding village incorporation elections.

    A.1120      S.1746

    Provides for the development and implementation of programs to prevent workplace violence in public schools.

    S.5775     A.5639

    Requires certain trains and locomotives to have a minimum crew size of two people.

    S.3567-A    A.6050-A

    Permits the sale or promotional gifting of certain complementary products for wine and spirits by retail licensees.

    S.1902-A   A.1245-A

    Requires notice to unemployment applicants of the Supplemental Nutrition Assistance Program and the Special Supplemental Nutrition Program For Women, Infants And Children (WIC).

    S.7020-B     A.10162-A

    Establishes requirements for licensure as a histotechnologist.

    S.5915     A.5347

    Requires the Office For The Prevention Of Domestic Violence to distribute informational materials on recognizing economic abuse and the support available to survivors.

    S.582        A.6798 

    Prohibits the sale of sodium nitrate and sodium nitrite to any person under the age of twenty-one.

    S.2683-A    A.4599-A

    Allows charities to use a single table of unisex rates and a simplified calculation for maximum allowable rates for charitable annuities.

  • 01/11/2024 5:43 PM | Anonymous

    Lawsuits Aren’t All About Right and Wrong: Sometimes Strategy is a key factor.  by Tom Reynolds

    Many SCOPE members – and 2A defenders in general – are confused by the number of lawsuits and rulings that are occurring.  There are some legal strategy decisions to be made which have nothing to do with right or wrong.  SCOPE would like to try to simplify some very complex behind-the-scenes issues and give you some insight into the decisions that must be made.

    On December 12th, we wrote an email to members about the 2nd Circuit Court’s decisions on several lawsuits brought against N Y State.  S.C.O.P.E. Shooters Committee On Political Education - 2nd Circuit Decision (  The decisions now faced in those lawsuits are typical of those faced by all 2A lawsuits, so let’s use it as an example.

    Under this ruling, the following provisions on New York’s law are stopped by temporary injunction (enjoined):

    • Requiring applicants to disclose social media accounts for review.
    • The restrictions on carrying on private property that is accessible to the public, as well as the restriction on carrying in houses of worship.
    • The “good moral character requirement” in place for those seeking a concealed carry permit. 
    • The prohibition on concealed carry in so-called sensitive locations, a category that includes government buildings, airports, public playgrounds, schools, theaters, establishments that serve alcohol and Times Square.

    Under this ruling, the following provisions of New York’s law are not enjoined and remain in effect for now:

    2A advocates may look at the 2nd Circuit’s decisions and say those decisions that were not enjoined were wrong and let’s keep suing them.  But there are other considerations.

    First, the recent decisions only dealt with temporary injunctions to stop enforcement of the ‘Concealed Carry Improvement Act’ (CCIA) while the court cases are being decided.  They did not decide the cases, themselves.  The ruling by the appeals court was at an early stage of the legal battle, which is seen as likely to wind up before the Supreme Court, again. 

    Some other considerations:

    NY and other blue states pass unconstitutional laws and basically say, ‘If you don’t like it, sue me.  I – the state – am going to run up your legal bill in an attempt to bankrupt your effort while I – the state – will operate on the bottomless taxpayer dime.’   

    There is a business principle called “Opportunity Cost.”  Basically, if you use your resources (time, energy, money) on one thing, those resources are gone and will not be available for other things.  Each of these lawsuits will cost 2A advocates hundreds of thousands of dollars – approaching or exceeding a million dollars if they go to the Supreme Court.  What’s the best use of the limited financial resources available under the ‘Opportunity Cost’ principle? 

    There are other factors.

    Do the 2A litigants in these cases want to keep fighting for the injunctions or accept what victories and defeats we have and concentrate their efforts on winning the actual cases?  It’s been a year and a half just to get to this point and gun owners are still subject to much of CCIA’s unconstitutional laws.  (It was twelve years between the Heller decision and the Bruen decision.) 

    The 2nd Circuit decision was made by a three judge panel, not the full 2nd Circuit court.  Do the 2A litigants want to appeal for a hearing on the injunctions before the full court or, if possible, go straight to the Supreme Court on the injunctions?  More time and more money, either way. 

    Or do they stop fighting for injunctions and switch to fighting for the meat of the cases?

    Until there is a final decision, we continue to be subject to these unconstitutional laws.  This is particularly acute in the Gazzola case which centers around retail stores. (Federal Firearms Licensees - FFL’s.) 

    FFL’s are being attacked at both the federal and state level.  Federally by Biden’s  Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) which is revoking FFL licenses at an unprecedented rate, many for minor technical violations.  Under NY State’s CCIA, NY State is driving FFL’s out of business.  (GOA-NY reports that we have lost seventy-three 2A businesses in NY State this year.)  Those are businesses that will never come back in a state that is generally unfriendly to all businesses and hates 2nd Amendment businesses, in particular.  The longer this drags out, the more FFL’s that will close.

    Finally, as a general rule, the Supreme Court avoids making a ruling on a constitutional issue until it has “percolated”through the lower courts. Under “percolation,” the Supreme Court normally let’s stand a lower court ruling or injunction until multiple lower courts have weighed in on a legal question that the Court is bound to decide. 

    Certainly, there are other issues and each case has its own peculiar circumstances.

    SCOPE hopes that this has given you some insight into the behind-the-scenes decisions that must be made.  Few want to make these decisions and it would be nice if all decisions were limited to right-or-wrong, but they cannot be avoided.

  • 01/10/2024 4:27 PM | Anonymous


    by Bohdan Rabarsky

    When our Founding Fathers wrote the Constitution, several states would not ratify it (New York being one of them) unless a Bill of Rights was added.  These rights were vital to the well being of a newly formed country and not one of the Founders Era would ever have envisioned having to fight for those rights 250 years later. 

    Welcome to the Biden Era.

    Of all the Amendments in the Bill of Rights, the 2nd Amendment has been the most under attack for many years by those wanting to gain control of the ‘masses’. To accomplish that, they first had to disarm those masses, just as Stalin, Mao, Castro & Pol Pot had done.

    Recently, court rulings have been striking down anti-gun regulations created by government agencies.  These rulings resulted from lawsuits brought by organizations and individuals against various state officials or federal government agencies.

    A three judge panel for the U.S. Court of Appeals for the 5th Circuit has ruled against the ATF’s 80 % Frame Rule, finding that the ATF overstepped it’s bounds in issuing it’s ruling. Fifth Circuit Delivers More Wins for Gun Owners, But Will They Stick at SCOTUS? – Bearing Arms

    In another case, Garland v Cargill, SCOTUS has granted “certiorari”, which means they have agreed to review the case. In 2018, then President Trump used an Executive Order to ban bump stocks in the wake of the mass shooting which had taken place at a music festival in Las Vegas. Donald Trump and his ATF overstepped their authority in banning the bump stocks and a lawsuit followed. The suit has worked its way through the court system in the 5th, 6th and 10th Circuit Court of Appeals, before SCOTUS granted certiorari.

    SCOTUS also granted certiorari to a 2nd Amendment case in NRA v Vullo. The court will decide whether the New York State Department of Financial Services violated the 1st Amendment Rights of the NRA. SCOTUS Grants Cert to Bump Stock Case – Bearing Arms

    Government officials have found that, instead of trying to ban guns through legislation, which is never popular with the public, it’s easier to go after gun owners using state and federal agencies’ regulations.  This way, the government (state or federal) can use taxpayer funds while the gun owners or 2nd Amendment organizations have to raise funds to support the lawsuits. (The gun owner is paying for both sides of these lawsuits fighting for the God given right to bear arms.)

    In addition, these agency regulations violate the ‘Separation of Powers” central to the U. S. Constitution, because the Executive branch is taking on legislative powers. 

    Hopefully SCOTUS follows the Constitution, which they all took an oath to uphold.

  • 01/09/2024 1:51 PM | Anonymous

    A8443  by Tom Reynolds

    SCOPE sends out information on various gun control laws proposed federally or in NY State and usually these notices can be relatively brief and still get the message across.  But occasionally – or more often - a bill is proposed that is so outrageous and strikes so straight at the heart of the Constitution that it requires further explanation.

    Assemblyman Phillip Steck (Democrat 100th District – Schenectady Albany) has climbed that mountain when he proposed Assembly bill A8443.

    As many of us have unhappily experienced, NY State now requires a background check on purchases of ammunition which has resulted in frequent and unnecessary delays.  (All a part of Hochul’s plan?)  Many NY residents, with easy access to another state, have chosen to cross the border for ammunition purchases and bypass the NY background check and related fee.  (A reaction not unexpected by anyone.)  

    Under Assemblyman Steck’s bill, the NY Attorney General can bring civil and criminal actions in NY State courts against any NY State resident or the ammunition seller in another state, when ammunition is purchased in another state and it does not go through NY State’s background check.

    For example, a NY State resident in Waverly NY drives a couple miles south into Sayre PA and buys ammunition without undergoing a NY background check.  NY Attorney General (Leticia James) can have him and the seller arrested, in NY State.

    Or, a NY State snow birder in Florida buys ammunition in Florida, without a NY background check, and uses it there.  Leticia James could come after him and the seller under A8443.

    By the way, it is bureaucratic to get licensed to use the NY background system so an ammunition seller in another state has little incentive to do it. 

    And what about on-line purchases, which have to be accomplished through a NY FFL who would has to perform a NY background check.  Will the on-line seller also have to duplicate the NY background check to be legal under A8443?

    Basically, Steck wants to prosecute you if you legally (under the laws of 49 states and federal law) buy ammunition in another state.

    Imagine, for a moment, that NY State passed a law setting the maximum speed limit at 55 mph everywhere in NY State.  Afterwards, a NY State resident while in Pennsylvania drives 65 mph – where the speed limit is 65 MPH.  Using his logic, NY Assemblyman Phillip Steck believes the NY Attorney General should prosecute that motorist in NY State for exceeding the NY speed imit.  (After all, it would be good for ‘Climate Change’.)

    One of the reasons that the Articles of Confederation were abandoned in favor of the U S Constitution was interstate issues.  The founders knew that a federal government was necessary to handle interstate issues.  But even in the 1780’s, who would have imagined a Phillip Steck?

    Article I Section 8 of the U S Constitution says that the U S Congress regulates interstate commerce.  Assemblypersons take an oath of office to, “support the Constitution of the United States…”  Can we anticipate an impeachment proceeding against Assemblyman Steck for violating his oath of office?

    F Y I, the related parts of the bill are as follows:  A08443

    “The (N Y State) attorney general shall have the power and duty to…Seek and obtain injunctive relief to prevent any individual seller of firearms or retail firearms dealer from knowingly selling ammunition to a resident of the state of New York or to an individual who purchases ammunition on behalf of a New York state resident without contacting the New York state police for authorization pursuant to section two  hundred twenty-eight of this chapter and any other law, rule or regulation. “

    “The attorney general shall have the power to enforce the provisions of this  section  by  bringing  civil and criminal actions in the state courts of New York.”

    Obviously, SCOPE opposes this bill as should anyone who truly believes in the U S Constitution.


  • 01/08/2024 12:55 PM | Anonymous

    The Island of Romance, etc.  by Tom Reynolds

    People my age will remember the hit song by the Four Preps about Santa Catalina Island (California): “The island of romance, romance, romance, romance…A tropical heaven out in the ocean covered with trees and girls.”

    Apparently, Californians can even screw up a place like that!

    Santa Catalina Island (or just plain Catalina Island) has a mule deer herd that was introduced on the island in the 1930's.  The island has an extended hunting season but the mule deer are ‘over producing’.

    The Catalina Island Conservancy which manages 90% of Catalina Island–says that the mule deer population has grown to around 1,800 deer and they are destroying the island’s ecosystem, causing soil erosion and threatening native species.

    Deer hunting is legal on the island but the permitting process is very bureaucratic and expensive. SCOPE is told that, if you want to hunt the island you have to use non-lead ammo and be a member of the Conservancy, which costs $65 per year. You have to have firearms liability insurance in the amount of $500,000. You must hold a public lands management tag for a cost of $100 if you are a resident of the island, while nonresidents pay $200. Daily vehicle or camper use on the island costs $45.   (It was easier to get there, back then, for the Four Preps: “40 kilometers in a leaky old boat, any old thing that'll stay afloat.”)

    The hunting program allows 300-400 deer to be harvested, annually, but hunters only take about 244 deer. This isn’t enough to reduce the population to acceptable levels.  And the deer that are taken tend to be older males.  (Apparently, hunters prefer large Bucks rather than Does.  What a surprise - to no one who hunts.)

    The California Department of Fish and Wildlife backed a management plan that involves culling the herd, but it hasn’t been enough to stop population growth.


    White Buffalo Inc. will begin shooting the deer next fall. Hunters will use AR-15 style rifles with non-lead bullets, and the hunted deer will be left where they lay.  (They are using the hated ‘Assault Rifle, but in a sop to the Left they will use non lead bullets.)

    It goes almost without saying that there are opponents of the hunt and they responded that the Conservancy should have done more to solve the barriers to successful hunts. (Ya think!)

    The Coalition Against the Slaughter of Catalina Deer are circulating a petition to “Stop the Slaughter of Mule Deer on Catalina Island” which has gathered 15,863 signatures.

    One group has proposed another option to the hunt; sterilizing the deer.

    Before you laugh…

    This option may sound familiar to New Yorkers as Cayuga Heights (Ithaca) had a huge deer problem and in 2012 they tried to address it by, primarily, sterilizing deer and they hired White Buffalo Inc. to also cull the herd.  Ithacans, of course, objected to shooting the deer, but they were overruled.

    According to the Village of Cayuga Heights report in 2019*: Having professionals cull the deer is expensive. Since 2013, we have spent $117,100 on camera surveys and $304,616 on White Buffalo.”  ($421,716 total.)

    As best we can tell from the report, Cayuga Heights sterilized or culled about 225 deer, since the process began.  That’s about $1,900 per deer.

    At this point, SCOPE members are saying to themselves that there is another way to cull the herd that will, in addition, bring in revenue and also provide food.  But the Democrat leadership is so anti-gun that they would rather bankrupt the state than admit that hunting is the answer to deer overpopulation.  This is the mentality we (and Californians) are facing.

    *Deer Management - Village Of Cayuga Heights (

  • 01/04/2024 1:22 PM | Anonymous

    Hamilton Speaks Today  by Tom Reynolds

    Even before he had a Broadway Play about him, Alexander Hamilton was considered a really smart guy.  Amongst other things, his ‘Federalist Letters’ (along with James Madison and John Jay) helped secure passage of the Constitution.

    On Wednesday, SCOPE wrote about the unconstitutional attempts to deny the American people the right to vote for the presidential candidate of their choice.  In a Letter from Phocion to the Considerate Citizens of New York On the Politics of the Day, Hamilton warned of something that sounds eerily familiar to what is currently happening. 

    While he wrote this of the dangers of legislatures disenfranchising people, the principle also applies against government officials disenfranchising voters.  And when we are not allowed to vote for the candidate of our choice because he was illegally removed from the ballot, we are, in effect, disenfranchised.

    Alexander Hamilton wrote:

    Nothing is more common for a free people, in times of heat and violence, to gratify momentary passions, by letting into the government, principles and precedents which afterwords prove fatal to themselves.  Of this kind is the doctrine of disqualification, disenfranchisement and banishment by acts of the legislature.  The dangerous consequences of this are manifest.   If the legislature can disenfranchise any number of citizens at pleasure by general descriptions, it may soon confine all the votes to a small number of partisans, and establish an aristocracy or an oligarchy; if it may banish at discretion all those whom particular circumstances render obnoxious, without hearing or trial, no man can be safe, nor know when he may be the innocent victim of a prevailing faction.  The name of liberty applied to such a government would be a mockery of common sense. 

    I wonder how many people seeing the play ‘Hamilton’ are appalled by current events?  Alexander Hamilton would be!

A 2nd Amendment Defense Organization, defending the rights of New York State gun owners to keep and bear arms!

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East Aurora, NY 14052

SCOPE is a 501(c)4 non-profit organization.

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