frontlines

By Richard Rossi, Delaware County

In this issue of "The Firing Lines", I would like to discuss JURY DUTY. Is the Jury Duty notice letter you get in the mail is a curse or blessing? Is your first thought - how can I get out of this or is this my privilege to serve? Don't take Jury Duty lightly. 

I would like to briefly speak about “JURY NULLIFICATION”. Never heard the term, don't be surprised. It is NOT something that Judges, District Attorneys, and Prosecutors readily speak about to juries or Grand Juries for that matter. 

For citizens to defend against corrupt politicians and their corrupt laws, you must get on the jury. Therefore, you need to be especially careful NOT to 'tip your hand' on your knowledge of your rights concerning 'Nullification'. 

When questioned, state you do not keep track of political issues and consider variously stating that you can apply the law as instructed by the court. Especially in gun related cases, be vague and don't readily state that you are a member of gun right groups or originations. Use Hillary's defense - I don't recall... I get so many requests for contributions, I just can't keep track of all of them. 

While on a panel, you will at times, be forced to 'stand your ground' against other jurors - don't cave on your convictions. Jurors, for the most part, want to go home and get it over with. Holding your ground - might get additional jurors to vote along with you. Be polite and don't shout - speak calmly. Try to get the others to listen to your reasoning. However, if all fails, don't vote along with the rest. You have every right to vote 'NOT GUILTY' If your personal convictions say this is an unjust law. 

Depending on the circumstances, at times - only one 'NOT GUILTY' can be the difference. Remember a 'HUNG JURY', IS better than a conviction! 

However, at times, with grand juries, you might need to get more jurors on your side, as a majority might be all that is required for either a dismissal of the case or hold it over. However, if you preserve and hold to your convictions, you can make our democracy work for the common man. 

Remember, instructions and oaths are designed to 'bully jurors' and protect political power - instructions and oaths are NOT LEGALLY BINDING. Your conscience is your best guide in the juror box and in deliberation room. 

You must know your rights - Jury nullification is your right to refuse to enforce bad laws and bad prosecutions. Nullification is your personal veto against bad laws. Nullification is your right to veto corrupt laws from corrupt politicians. 

Alexander Hamilton, an American Founder, said in 1804, Jurors should acquit even against the judge's instruction..."if exercising their judgment with discretion and honesty they have a clear conviction that the charge of the court is wrong." 

Jurors have authority - when you are a juror, you have the right to decide both law and fact. You can protect yourself and friends and family by refusing to enforce bad laws. In our system of checks and balances, you, the juror, are the final judge of law and justice. 

Jurors can use discretion. If the law violates any human rights, you must vote NO against that law by voting 'NOT GUILTY". You cannot be punished for your verdict. You need not give a reason. 

Jurors must question the law. In American courtrooms there are 12 judges plus the one in the robe. In fact, one court ruled, "If the jury feels that the law under which the defendant is accused is unjust... or for any reason which appeals to their logic or passion, the jury has the power to acquit, and the courts must abide by that decision - (U.S. V Moylan 427 F 2d 1002, 1006, 1969). 

Juries and jurors have the power over our corrupt system of laws that are being forced down our throat by political agenda's. We can stand up for our Rights and Freedoms against our legislators and judges who dictate laws that are unjust. We can take back our justice system - We the juror have the power... JURY NULLIFICATION. 

The next time you receive a juror duty notice, stand up and cheer. You are one of the most powerful individuals in our country. You can make a true difference. You can take back our Rights and Freedoms. KNOWLEDGE is POWER and JURY NULLIFICATION is your weapon. 

As a Law-abiding gun owner or Concealed Carry Permit hold ESPECIALLY in New York State where our Second Amendment Rights are constantly being attacked and regulated to the point that the 2nd Amendment is just words with NO meaning - this is your hour to shine. You can make the NYS SAFE Act just words without any POWER - just like they are doing with our Second Amendment Rights and Freedoms. 

Your FIRST objective is to get on that jury panel. Get on that Jury or Grand Jury and vote NOT GUILTY to any and all laws that infringe our Rights & Freedoms to self defense of our loved ones or ourselves. Self preservation is a natural instinct of human mankind no government has the right to take that right away from you. 

Jury Nullification may be the FINAL peaceful barrier between Law-abiding gun owners and a tyrannical government dependent upon disarming honorable citizens. 

As a side note, even IF you are not a juror, you can be active. Become a 'Court Watcher'. You have a right to attend most court trial functions. Just like the 'media' you can voice your opinions in your local papers in the letter to the editor sections. You can voice your agreement or disagreement with the results (verdict) and the actions of the court officials. We still have freedom of speech. The more individuals keeping a 'watchful eye' on our judicial process the better for all of us. 

The same holds true for Town Meetings, School Board Meetings and 'Town Hall' events by our representatives. When the public does not show up, it sends a message to our various boards - they can do as they please without and consequences. NO one is watching or caring. Attend, be vocal... defend your convictions. You can make a difference. 

I encourage each and every one, to read and understand all you can concerning 'JURY NULLIFICATION'. Go to WWW.FIJA.ORG to read much more on this very important topic. 

By Henry S. Kramer

Many Americans are unaware of the details of how our legal system works. Which government – federal or state-controls which aspects of our lives? Which court will hear a case? What does it mean when a district court judge enjoins a presidential executive order? What is our court system like? 

There is a hierarchy of laws. At the top of the pyramid is the Constitution, followed by statute (or legislated) laws, then regulations issued under those laws, then guidelines. Executive agencies have to follow executive orders. There are a plethora of federal and state administrative agencies, (the bureaucracy), some of which, like the Federal Reserve, operate fairly independently. 

Every American citizen (except those dwelling in the District of Columbia) is subject to two sovereign levels of government, federal and state. In DC, there is no state government; the city government operates under federal authority. 

The states are the lowest sovereign level of government. Under U.S. Supreme Court law, cities, counties, towns, and all local governments are mere sub-divisions of the state government. The state government can establish, abolish, modify, mandate, or do what it wishes with local governments, unless restricted by state constitutions. 

In many areas of the law, both the federal government and the state may act on their citizens and on residents within their borders. This is called concurrent jurisdiction. There are some cases where the federal government, using the Constitution’s supremacy clause, has entirely preempted the state government of authority (for example the National Labor Relations Act regarding unionization). When there is concurrent jurisdiction, the state laws may go further than federal law but may not override federal law. One example of this is the recreational or medical marijuana law in a state like Colorado. The state can decriminalize marijuana use under state law, which protects people from state prosecution as long as they adhere to the terms of the state law. However, all marijuana use is still illegal under federal law. The state cannot override or overturn this federal law, so it cannot protect people in these states from federal prosecution. 

There are some areas of the law confided exclusively to the federal government such as coining money or waging war. The federal government also enforces immigration law. Although some cities claim to be “sanctuary cities”, local laws cannot override federal ones and the federal government has the authority to enforce federal law. While local officials may not be forced to cooperate, active obstruction of federal enforcement is not lawful and it may also result in the withholding of federal funds. 

There are some areas in which there are three levels of government that claim authority. In civil rights there is the federal Equal Employment Opportunity Commission, the New York State Division of Human Rights, and in some counties a Human Rights Commission that enforce similar laws. 

Crimes are based on legislative (statutory) law. Most crimes are under the general police power of state criminal laws. The federal government, too, can create federal statutory crimes but most “garden house” prosecutions are done under state law. 

What is our court system like? At the lowest state court levels we have small claims, justice of the peace, and city and town courts. These have limited jurisdiction confined to just certain types of cases and dollar amounts in issue. 

The lowest level of general court jurisdiction in New York State is surprisingly -and confusingly called the New York State Supreme Court. (Because it had general jurisdiction in colonial times it was considered to be “supreme”.) Since then, New York has added two higher tiers of courts: the Appellate Division of the Supreme Court handles appeals, many by right, from the New York Supreme Court; and the New York Court of Appeals which is the highest level court of New York State law and has control and discretion over most of the cases that litigants seek to take there. 

The judgments rendered by these courts have different effects on other courts. Judgments of the State Supreme Court are not binding on other state Supreme Court judges. Decisions of the Appellate Division are binding precedent only in the judicial department in which they sit. Decisions of the New York Court of Appeals are binding state wide. The federal court system is parallel and there are some special courts such as bankruptcy court and tax court. 

At the lowest general jurisdiction level are the United States District Courts. These are trial courts, that is, they hear and decide both the facts (sometimes with a jury) and the law. On appeal, in both federal and state systems, higher level courts review the law, not the facts. 

The next higher level of the federal system is the U.S. Courts of Appeals. These are regional. Appeals at this level are generally heard by panels of three judges and rarely will all the judges in a circuit sit together on a case. Decisions of the U.S. Court of Appeals are binding in their own circuit and influential in the other circuits. These are the second highest level of courts in the U.S. 

The United States Supreme Court is the highest court in the land. Very few cases can start at this level (e.g. suits between states); most Supreme Court cases are appeals. The Supreme Court has discretion whether or not to hear most cases and it hears relatively few cases; it takes four justices voting to hear a case for the matter to reach the court. Most often the cases they hear involve major principles of law and are there because the U.S. Courts of Appeals have ruled differently on the law creating a split between the circuits. Important federal issues also may be reviewed. There are nine justices. To create binding national precedent, a decision must have five votes. If a plurality opinion decides the case, it leaves the door open for the court to eventually rule differently on the issue. The court is normally very deferential to its prior decisions and although it can overrule prior decisions it rarely does overrule them. More often, the court may “distinguish” a case from its predecessors and so begin to change the law in that way. 

Cases involving laws enforced at administrative agencies often substitute the trial phase of a litigation with a hearing at the agency in lieu of the U.S. District Court. Appeals generally go from there to the U.S. Courts of Appeals. However, appeals from some agency hearings can and do go to the U.S. District Courts. 

Not every case can start in the federal system. To go there, there must be either a substantial federal question in issue or the parties must be from different states with at least a certain dollar amount at issue. Most cases are handled in the state court system. On questions of state law (which do not involve federal constitutional issues), the state courts have the last word. However, if a case reaches the state’s highest court and there is a federal constitutional issue, the litigant can ask the U.S. Supreme Court to hear the case on appeal. This is what happened in Gore v. Bush, concerning the outcome of a presidential election in Florida, which raised federal questions. 

Judges in the federal system are appointed by the President, confirmed by the Senate, and serve for life on good behavior. They can be removed only by impeachment. Judges in state systems may be appointed or elected - it varies by state - and may serve for life or a term of office. 

An injunction is a court order forbidding the doing of some act. Federal district judges traditionally avoided making constitutional law decisions, leaving that to higher courts. Alas, no more. Federal district court judges now are prone to issuing orders and even declaring these are of national effect. Of course, these injunctions can be appealed, but this takes time. So, the parties may “forum shop” and try to find a federal district court judge they think will lean their way. As these orders don’t bind other judges, there can be conflicting orders and these have to be sorted out by higher courts. 

That, in a nutshell, is how our system works. There are variations that are not discussed but those are the basics of the system.  

By John Prendergast – Chairman

The old saying is that when you want something done, ask a busy man to head up the work. Well Leigh Williams our Yates County SCOPE (YC SCOPE) Vice Chairman is that man. Leigh has worked tirelessly with the High Schools in Yates County; Dundee, Penn Yan Academy and Marcus Whitman to get the 1st year of competition underway here in Yates County. 

Here is how the program was born. Leigh engaged with Mr. Tom Schmandt, the Athletic Director at Palmyra Macedon High School about getting the Clay Trap League going in Yates County. After a presentation by Tom and Mr. David Dandino at one of our monthly meetings in Penn Yanin 2016, Leigh was off and on a mission. 

Contact with the three High Schools was undertaken by Leigh. As one might expect, the schools were busy with the day to day operations at their schools. Getting the attention of the Administration and the Athletic Directors took some work, but that is to be expected. Once contact was initiated the acceptance of having a shooting program was quickly accepted by all of the Schools Administration. The Athletic Directors at each school, Dundee; Sheldon Gibson, Penn Yan; Tobin Tansey, and Marcus Whitman; Paul Lahue took over the task of acquiring coaches for the program. Again the faculty responded quickly and the program was underway. 

YC SCOPE quickly turned its attention to helping the embryonic program by looking at how we might be able to add financial support. It was quickly recognized by Leigh Williams that the cost of a shooting program is very dependent on targets, ammunition, coaches safety training. 

Fundraising in support of youth shooting sports has been underway with YC SCOPE for some 10 years or more. We have a history in Yates County of working with 4-H Shooting Sports. The 4-H program is run by Jen Clancey at the Cornell Cooperative Extension in Yates County. To finance the shooting program, YC SCOPE works with The Elks Lodge in Penn Yan along with the 4-H organization in putting on a Chicken and Biscuit Dinner to raise funds. The youth and families of the students receiving the funds volunteer working at the event along with SCOPE members. The success of this program has funded the 4-H program by allowing SCOPE to purchase; air rifles, 22 caliber and black powder rifles along with Shotguns as well as a Gun Safes for storage. SCOPE has also purchased Bow and Arrows for use in this part of the Shooting program. 

For funding of the Clay Trap League,YC SCOPE turned to expanding the annual Chicken and Biscuit Dinner. By reaching out to the three area High Schools, students, parents and grandparents, attendance for dinner was expanded. The community in general responded in support to the effort to finance the shooting programs. The evening of the dinner, we served some 340 dinners from 4 to 7 pm. Everyone, students were very busy serving, bussing and doing dishes. The dinner was very successful and a big hit with the community. 

Two organizations came up big at this event. The Penn Yan Elks Lodge donated all of the food for the dinner. The Elks provided the location, purchased and prepared the food, then donated the cost of all of this to the youth of Yates County. How great is that. 

The Whitetail Unlimited Inc. of New York contacted Leigh Williams and stated that they heard about the YC SCOPE support of the Clay Trap League. The local chapter from Dundee, NY, Mr. Mike VanZile attended the event, brought a rifle to raffle off at the event, handled the raffle and at the end of the evening wound up donating $600.00 in support of the youth. A big thank you goes out to Mike and the Whitetail Unlimited organization. 

Leigh Williams has met, or is meeting with the three high schools in Yates County. The YC SCOPE Board voted to donate $1000.00 to each shooting club at the schools to help them with the shooting sports expenses. Leigh is presenting these funds to the schools along with the request that the YC SCOPE Board requests a receipt at the end of the year showing how and where the funds have been expended. 

YC SCOPE encourages each County in the state to undertake the support of a similar program. We will be more than willing to work with you to develop such an undertaking.  

By Edwin Taber 

For a number of years now the news and entertainment media have negatively impacted an important American institution known as the militia. Defaming the militia has become standard practice in an attempt to convince people that the militia is a bunch of crazy people running around in the woods with guns for no good purpose. 

I am writing this in hopes of clearing up the perception of the militia and to restore it to a place of public trust and confidence. I will in as few words as possible summarize the constitutional role of the state government in providing for the continued service of the militia in the defense and protection of the people of this great land. 

The state government and militia relationship begins in the New York State Constitution, Article XII: “The defense and protection of the state and of the United States is an obligation of all persons within the state. The legislature shall provide for the discharge of this obligation and for the maintenance and regulation of an organized militia.” ref: New York State Constitution, Article XII. 

The language of Article XII of the New York State Constitution was adopted following the language of the New York Convention of July 7, 1788 as it considered the role of the militia in the new government: 

      “The militia should always be kept well organized, armed and disciplined, and include, according to the past usages of the state, all men capable of bearing arms, and that no regulations tending to render the general militia useless and defenseless, by establishing select corps of militia, of distinct bodies of men, not having permanent interests and attachments to the community, ought to be made.” 

     “That the people have the right to keep and bear arms; that a well regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defense of a free state.” ref: The New York Convention July 7, 1788. 

       The New York State Legislature is to: 

1. “...provide for the discharge of this obligation...” 

       A. What is the obligation? The obligation is for the legislature to provide by non-infringement the freedom and means necessary for all persons within the state to present an immediate and effective response to any and all external [defense] and internal [protection] threats to the institutions and citizens of both the state in which they reside as well as to the United States. 

       B. How does the legislature provide for this discharge of the obligation? 

1. It does not infringe on the arms, drill or parade of the Citizen Militia identified in the Second Amendment of the US Constitution and the Civil Rights Law of New York State. 

2. Gives the Citizen Militia access to state resources for training, drill and other necessary regulation for the purpose of creating an effective organization capable of acting as intended. 

3. Promote respect and legislate co-operation with state agencies and law enforcement. 

4. Make arsenal, magazines and military stores available to the citizen militia that are provisioned to address current and anticipated threats. 

5. Support community youth and adult programs to develop skills and knowledge necessary for effective militia service. 

Ref: 1. The Second Amendment to the US Constitution. 

2. The Civil Rights Laws of New York State, Section 4. II. “...(provide) for the maintenance and regulation of an organized militia.” 

A. How is the organized militia regulated by the state legislature? 

1. Structured 

2. Budgeted, 

3. Equipped, 

4. Trained 

B. What is the organized militia? 

1. There are two levels of organized militia – federal and state. 

2. The federal organized militia is the National Guard and the Naval Militia. 

3. The state organized militia is the National Guard, the Naval Militia and the New York Guard. 

4. Both federal and state organized militia are supported by the unorganized militia, which is a militia reserve. 

Ref: 

1. Title 10 United States Code Section 311. 

2. There are 32 Code of Federal Regulations. 

3. Laws of New York State, Military, Section 2. 

How does the militia fit into our homeland security strategy? This is the reserve structure of our primary security which is the Army, Navy, Air Force and Marines: [Standing Military] 

1. Army, Navy, Air Force and Marine Reserves. [Standing Military] 

2. National Guard and Naval Militia [Select Militia] 

3. State Guard [Select Militia] 

4. Unorganized Militia of the United States Militia and the state militia [Select Militia] 

5. The armed citizenry is the pool from which all of the above are drawn [Citizen Militia] 

There are two separate and distinct militia provided for by state and federal law: 

1. The government militia which is a select militia. 

a. This is found in Article 1 Section 8 #15 and #16 of the US Constitution. 

b. It is also found in the Military Laws of New York, Section 2. 

2. The Citizen Militia of the people. 

a. This is found in the Second Amendment to the US Constitution. It is a right of the people. 

b. It is also found in the Civil Rights Laws of New York State, Section 4. It is a civil right.  

By Richard Rossi, Delaware County SCOPE 

I realize that Independence Day has passed by the time you received this issue of the Firing Lines. I hope you took a few minutes out of all the celebrations to ‘thank’ our first Patriots who fought for our rights - Liberty, Freedom and the establishment of our Republic and, of course, our veterans as well as the men and women currently serving in our armed forces. That being said, I would first like to talk about our GUN RIGHTS as Law-abiding American Citizens. 

As we all know, our "Bill of Rights" is the first ten amendments to the Constitution (ratified December 15, 1791). Our Founding Fathers clearly intended these to be Rights of all American Citizens and not to be privileges granted by our government to the people. The concept of the "right to keep and bear arms" predates our Constitution. It is an unalienable right of self preservation that dates back to the creation of man. It is man’s nature to protect his life from death and danger. 

The 2nd Amendment is a right that our citizens may choose whether or not to exercise. If a citizen does not wish to own a firearm, by choice, that is his/her right. However, no one can say that we cannot freely exercise this right if we choose. In our effort to protect and defend gun rights, does stating that we are pro-gun establish a barrier right at the start of our conversations with the anti-gun movement folks? 

People that are anti-gun believe guns are bad and as soon as they hear those words - they are against you. You have lost any opportunity for discussion in the first critical seconds. A better way to start a conversation would be stating “I am ProRights”, followed by “How about you”? If they are anti-rights; then you have the upper hand. 

How can anyone not be pro-rights, pro-freedom and pro-self-defense? At this point, the conversation has taken on a completely new twist and it is in your favor. This is exactly what the anti-gun groups and the media have been doing for years. How many times have you heard, "If it saves just one life it is worth it", in connection with so-called “common sense gun laws"?How can you not be for saving lives? 

If someone asks about 'Assault Weapons' and asks, “Do you think common citizens should be allowed to own one”? Your first response should be, “What is an assault weapon? Assault is a behavior, not hardware. What are you talking about”? Then you can follow with, “I believe it is appropriate for law-abiding citizens to own common household firearms”. 

If someone asks, “Do you believe in Gun Control”. Respond - I am for Crime control, how about you? Undoubtedly, they will respond yes - how can they say no. This opens the door to the use of firearms for legitimate reasons of self-defense by both citizens and the police. 

Ask the question, “Who is the First Responder on either workplace violence or any mass-shooting or terror attack”? Better yet, ask, “Who is the ‘First Responder’ in a confrontation”? The typical response will involve the police or some law enforcement person. Wrong answer. The First Responders ARE THE INDIVIDUALS INVOLVED IN THE INITIAL ONSET OF THE INCIDENT. When seconds count between life and death, you and only you are the ones that need to react in self-preservation mode. 

Dialing 911 (wishing, hoping and praying a man with a gun arrives to save the day) or waiting for LEO's to arrive may get you killed. This is why 'Gun-Free Zones' are a safe-haven for criminals. They are counting on Law-abiding citizen's being unarmed and they know well that they will be safe to inflict their carnage, free from armed intervention, for the first critical minute or two. 

As gun owners and citizens that believe guns save lives, we need to be aware and use the anti-gun movements terms against them. We need to think outside the box. You get the picture.... You will never convince the indoctrinated anti-gun person to see your side of the conversation; however, we need to reach the 'middle of the roaders'. The individuals that are on the fence are the ones we need to reach and convert. They have heard the rhetoric that is being thrown around to make non-gun owners fearful for their lives and the lives of their loved ones. 

These are the individuals you, as gun-owners, need to reach and pull into our court. This is where we can make the best possible difference. The anti-gun groups and media will at every instance of a shooting, start their fear agenda campaign again for more “common sense” gun control measures. They will immediately need to move while this is in the minds of law-abiding citizens. What better motivation than fear; facts are not needed. Assault weapon and high capacity magazines will be publicized if a rifle was used as will the need for more gun-free zones and more background checks. ”How did this mentally unstable individual get a gun” will be asked. The need for a 10 round magazine limit will be seen as too many. We need to do more to end the violence and the unneeded deaths of these innocent victims but we need to focus on the ‘root causes’. 

Law-abiding citizens do not commit crimes. Criminals do not abide by gun control measures and laws. We need to investigate our criminal justice system, plea bargaining, and our mental health and services departments. Why are criminals on the street? Why are repeat offenders getting reduced sentences and parole? Why are the seriously mentally ill on the streets? Ask any anti-gun individual or group to respond to these questions and they may quickly and automatically switch the emphasis to the weapon rather than the individual responsible for the assault.

 Unfortunately, our society has removed individual responsibility and made it society’s responsibility to prevent and be responsible for these actions. There is another issue to be considered, beyond direct intervention with the anti-Second Amendment left. Last month, I came across an article (don't recall the author or the source) that was concerned with the system of 'Checks and Balances' that our founding fathers put in place to prevent abuse by any one branch of government - Executive, legislative or judicial. The concept, in my opinion, was well conceived and relevant. 

Our Supreme Court Justices are nominated by the President and confirmed by the Senate. The process is politically biased for the most part. Our SC is today composed of members that are biased towards either the Republican or Democratic view points and philosophy. The intent of our Founding Fathers was to insure that our Constitution would be followed and this branch of our government would serve as an ultimate litmus test. Unfortunately, in my opinion, this is no longer true.

 Many of the decisions have been biased and are based on unconstitutional grounds. These individuals serve for life and 'We the People' have no say in their appointment or their removal. Should term and age limits be added? Some food for thought... We have seen how Second Amendment issues have played over the past several years. A few cases have reached the SC level with, perhaps, more in the future as lower courts keep infringing on our 2nd Amendment rights. 

We know for certain our District Courts, Appeal Courts and many lower courts are biased. We have countless 'gun laws' being imposed all across this country with bias motives and without Constitutional review We may soon be seeing how our safety as a nation is at risk; will the SC stand behind the Presidents sworn oath to keep our nation safe and confirm his Executive Orders as Constitutional? Will politics influence our SC to the point of placing our nation in danger? The answers will be revealed in time. 

The only chance for Law-abiding gun owners is to get involved, vote out the 'Gun Grabbers' from every elected office all across this country; from city and town Mayors to your State Senators and every political office in between. If you did not get an opportunity to read the last issue (May/ June) of ‘Firing Lines’; please read the article on JURY DUTY, it concerns ‘JURY NULLIFICATION’. Don't let our original Patriots who fought and died for our independence down. They put everything on the line for our Nation. Ensure that our Rights and Freedoms are enduring and everlasting in their honor. These men and boys - some as young as nine years old and many in their teens, fought and some died for us.  

by Unknown

 In Warsaw, NY a hearing was held to amend the law that bans pistol permit holders from carrying in county buildings. The monthly Board of Supervisors meeting was packed and 12 speakers voiced their opinion, for and against the potential change in law. The Wyoming County chapter of SCOPE was instrumental in this legislation. They worked with the public safety committee in drafting the potential change. Some of the speakers were from SCOPE, including chapter chair Mark Yount II. New Yorkers Against Gun Violence representative Gary Pudup was there to voice his disapproval of the proposed amendment. Unfortunately, even if the amendment is passed, certain state and federal regulations would supersede the county’s proposed legislation. This means concealed carry would still be prohibited in the hospital, mental health buildings, social services buildings, the courthouse and the Ag and Business center, since some tenants there fall under federal regulations.  

By Harold Moskowitz

What would happen if every device upon which you have become dependent in your daily life stopped working? Impossible you say because even with the built in obsolescence of our “throw away rather than fix” society, not everything could break at the same time. However, almost every device and machine touching your daily life operates with electricity either directly or by rechargeable b a t t e r y . E l e c t r i c i t y , t h a t “pressurized” flow of electrons through wires and circuits, has become the “life blood” of our 21st century society. 

This was not yet true in the mid-19th century. On September 1, 1859, telegraph wires began to catch fire, telegraph keys showered sparks and their operators received electric shocks. The Carrington Event, as this situation was labeled, was an example of damage which can be caused naturally by the sun. It was a solar flare which caused a geomagnetic “storm” of electrons on Earth. During a solar flare, protons and other sub-atomic particles are shot into space from the sun’s surface. If the Earth is in the path of these particles, the protons smash into nitrogen and oxygen molecules in the atmosphere causing the release of electrons. These rush toward the Earth creating a type of radio wave called an electromagnetic pulse, or “EMP.” As with an induction surge of electric current through a wire resulting from a nearby lightning strike, it will overload and destroy transformers and delicate electrical components. This is especially true for closely-spaced microchips in circuit boards. Solar flare damage can happen at any time. 

In 1989, one of these plunged all of Quebec into darkness. In 2005, a solar flare disrupted satellite-to-ground communication and the GPS system for about ten minutes, threatening satellite guided air, land, and sea travel. In 1859’s Carrington Event, few people except for telegraph users were affected. In today’s electrically dependent society, a severe geomagnetic storm would be catastrophic. It has been estimated that a modern day Carrington Event would cost society between one and two trillion dollars for just the first year of lost power with full recovery predicted to take four to ten years. 

In 2007, NASA estimated the potential damage to its satellite fleet to be between thirty and seventy billion dollars to repair. In addition, it revealed that any humans in space not inside the shelter of a spacecraft while involved in a “space walk” would be endangered. Satellite damage would prevent GPS from being used in addition to all phone use. In all cases, a solar flare induced EMP would potentially cause much damage to power grids in the areas affected by the resulting geomagnetic storm. The ability to produce a man -made EMP was discovered by accident during the U.S. and Russian above-ground nuclear tests. Nuclear blasts produce short bursts of electromagnetic energy which cause the same effects as a solar flare. 

In 1962, an atmospheric nuclear test over a Pacific atoll blew out street lights and knocked out telephone service in Hawaii, almost one thousand miles from the detonation. The Russians also noticed electrical disruptions caused by their tests. Both Cold War adversaries then developed special nuclear devices for a potential first strike EMP against the other as a means of preventing a retaliatory nuclear attack. The nuclear explosion causes rapidly changing electric and magnetic fields. 

These may merge with power grid distribution systems and electrical systems such as microchip controllers on equipment to produce damaging current and voltage surges. As an example, pylon mounted high tension lines spanning the nation become a super antenna along which these damaging surges travel and intensify. When they reach the down-stepping current transformers, the transformers become overloaded causing them to explode and to catch fire. In individual electrical devices controlled by silicon microchips, the delicate components burn out, disabling the device or system. 

The altitude at which the nuclear detonation takes place determines the extent of territory which would be subject to the damaging effect of the EMP. As in the case of solar flares, a specially constructed low yield nuclear device releases gamma rays which cause the release of electrons from collisions with nitrogen and oxygen molecules in the atmosphere. The electrons rush toward the ground following the Earth’s magnetic field lines. They travel from the altitude of the detonation in a direct line to where they reach the curvature of the Earth. 

The Task Force on National and Homeland Security has determined that a nuclear device detonated at an altitude of between 186 and 249 miles over the center of our nation would electronically cripple all of the Continental United States, plus half of both Canada and Mexico. Part II will deal with how an EMP attack would affect gun owners and others.

By Tim Andrews, SCOPE President

Unless our Governor calls them in for a special session, the 2017 legislative session, has adjourned for the year. The good news is we’ve suffered no additional damage to our Second Amendment rights. The bad news is we’ve made no gains either, the SAFE Act remains intact. It’s time to assess where we are now and what we need to do in the future. 

First my assessment of where we are now. I’m not going to sugarcoat it, it’s not good. There was a lot of wheeling and dealing going on at the end of legislative session. A lot of people were getting their pet projects passed, but law-abiding gun owners were left out in the cold. Legislators showed more interest in naming bridges and parks after themselves than protecting the constitutional rights of their citizens. 

The New York State Senate potentially provides us our greatest chance to initiate positive changes to our gun laws, however, not the way it is currently structured. One example, this past session there was a bill in the Senate Environmental Conservation Committee to lift the ban on the sale and possession of firearm suppressors. The Environmental Conservation Committee is chaired by Republican Senator Thomas O’Mara and has an 8-5 Republican majority. So, you say, slam dunk, right? Hold on, not quite. Senator O’Mara pulled back the bill from consideration, telling us he did not have the votes to pass it out of committee. You heard that right, an 8-5 Republican majority and he can’t get the bill through his committee. The ugly dog in the room is, if we cannot pass pro-gun legislation with an 8-5 Republican majority how can the Republicans call themselves a pro-Second Amendment party?

A close examination of the committee’s members shows that two, if not three of the Republican members are clearly anti-gun. Using the NRA’s most recent ratings two of the Republicans have “D” ratings and the third has a “?” rating. My question for the Senate Republican leadership is, how do three anti-gun Senators end up on any committee that deals with gun issues? 

In a June 25, 2017 story in the Rochester Democrat and Chronicle, regarding the appointment of Judge Paul Feinman to the state court of appeals, Governor Cuomo was full of praise for Senate Republicans. The Governor said, “I appreciate the Senate going through the confirmation process as quickly as they did.” That wasn’t enough, Republicans were also instrumental in helping Cuomo get the Tappan Zee bridge named after his father, former governor Mario Cuomo. 

Wouldn’t it have been nice if the Republicans had used one or both of these senate actions as leverage to get some concessions on the (un)SAFE Act? I’m a little tired and frustrated with politicians and a party that routinely says they’re pro-gun but never delivers. You’ve heard the saying, “talk is cheap.” 

We’re not ready to divorce the GOP but this is an issue we feel Republicans need to consider in the coming months. One of the most egregious victims of the (un)SAFE Act is Simeon Mokhiber of Niagara Falls, New York. Simeon is a nine year combat veteran of the U.S. Army who served his country in both Iraq and Afghanistan. Simeon was involved in a traffic stop in 2016 and was charged with DUI, he was not drinking and was ultimately acquitted of that charge. However, the charge resulted in a search of his vehicle where the officers found a locked box. Inside that box were three seventeen round Glock magazines, a violation of the ten-round magazine size limit of the SAFE Act. Simeon was a concealed carry license holder, but had no firearm with him on the night of his arrest.  

On April 21, 2017, Simeon Mokhiber was found guilty of possessing three “ammunition feeding devices” capable of holding more than ten rounds of ammunition, a violation of the SAFE Act. Simeon’s sentencing date is August 1, 2017, and is facing up to 21 years in prison, 7 years on each count and is now a convicted felon. At a recent Chapter meeting, I addressed the members about Simeon’s case and the many other victims of the mental health provisions of the (un)SAFE Act. My comments did include criticism of the senate GOP, and present at this event was a GOP senate member who took great issue with my criticisms. 

The Senator made it very clear she was angry and disagreed with my critique of her senate colleagues. However, what struck me was she wasn’t angry about the harm the SAFE act was inflicting on law-abiding New Yorkers like Simeon Mokhiber. Although most of my remarks focused on (un) SAFE Act victims, all this senator heard or cared about was how she and her senate colleagues were regarded by my remarks. 

A question for our state representatives to consider — is this the intended consequence the governor and the legislature wanted? Were Simeon and his empty locked magazines a danger to anyone? Did they warrant a felony conviction and possibly twenty-one years in prison? Is this the thanks Simeon gets from the State of New York for his honorable service to his country? Simeon was, until this conviction, a law-abiding citizen, the father of a disabled child who may soon be without a father. These are the fruits of Governor Cuomo’s and the state legislature’s (un)SAFE Act. The (un)SAFE Act is a travesty and it needs to be repealed. 

By Harold Moskowitz

The greatest threat to a nation’s existence is a man-made EMP attack. It would transport us instantly back to the pre-industrial era. Currently, there are two announced enemies of our nation who continue to advance in both ICBM technology and the ability to miniaturize a nuclear device to the size necessary for insertion into a missile nose cone. 

One of these nations is Iran, the other is North Korea. They have been collaborating for almost twenty years on developing the technology necessary to bring our nation to its knees through an EMP attack. They have participated in fruitless negotiations to buy time for continuing their progress. North Korea currently has two satellites in orbit. Each passes directly over the center of our nation in a south to north orbit. 

The U.S. has no missile defense system or early warning system pointed in a southerly direction. All such systems were built facing north to detect and intercept missiles from the former U.S.S.R. coming over the North Pole. EMP-causing devices can be camouflaged as communication satellites. Missiles and even weather balloons could lift nuclear devices to appropriate altitudes from a freighter in the Gulf of Mexico. 

China and Russia have hardened their electrical grids to prevent mass disruption and destruction from an EMP attack. Our national government has protected crucial military equipment. In addition, one of six electrically hardened planes is always aloft for military communication in case of an EMP attack. Presidential jets are similarly protected. 

However, nothing meaningful has been done to protect the civilian population. At its start, EMP power disruption would appear to be another temporary local outage. There is no radioactive fallout. Although initially no one is hurt except for those in airplanes crashing to the ground, it is estimated that up to ninety percent of the U.S. population could die within the first year following the attack. 

Most of the enormous generators are not made in the nation and replacing them could take years. Without power, moving replacement equipment might not be possible. Estimated recovery time could take as long as a decade. Death over the next weeks and months would come from many causes. The average city has about three days of food in stores. Much of that and food in home refrigerators will immediately begin to spoil. Hungry, desperate people will attack each other for food as anarchy replaces the civil society. Medicines will begin to spoil. Life-preserving medical equipment will stop working. Without power there is no: water for drinking, toilet flushing, or personal hygiene; fuel for vehicles; heating oil or natural gas; medicine refills for chronic medical conditions; surgery or medical help beyond “first aid;” air conditioning; removal of human waste or garbage; ability to deal with inevitable epidemics caused by drinking untreated water; banking; or effective government communication to a panicked population. 

On top of these, add the release of radiation from one hundred or more nuclear reactors which have meltdowns due to inability to circulate cooling water. City dwellers will head for the surrounding suburbs. Anyone within a five day walk of a city should expect the roads to be clogged with desperate people who will try to take whatever they need for survival. Only old vehicles without computer circuits and fuel injectors might still operate. Rural people would have the best chance of survival, urban residents almost none.

Firearm owners should expect attempts at confiscation of registered weapons. Those individuals who have only practiced pistol competition target skills may find themselves at a disadvantage when confronting foragers. Proficiency in tactical pistol and carbine skills would be beneficial. In addition, no individual can protect all sides of a structure 24/7. Only those who have formed dependable community protection groups will successfully defend their resources. 

The government has known for decades what an EMP could do to our nation and to its population. Why then has nothing been done to harden our three electric grids? The answer is that electricity in the U.S. is mostly generated by utility corporations which make dividend payments to  shareholders. Any time an appropriate bill such as Representative Trent Franks’ “SHIELD Act” is introduced into the House, it passes but gets stalled in the Senate. Senators, perhaps are listening to the paid lobbyists who represent the electric-generating utility corporations. The industry members would become responsible for hardening the electric grids and would not want to collectively spend the estimated seventy-two billion dollars necessary to protect the nation’s electrical power, an amount about equal to one year’s military aid to Pakistan.  

by Gary L. Perry, Tioga County

Larry Sharpe cannot win the NY State Governor’s election this November.

Unfortunately, the only viable pathway to a Larry Sharpe victory in the NY State Governor’s race was not taken by the campaign.  Although originally interested and excited about using the “Opportunity To Ballot” (OTB) option as a possible pathway to victory the Larry Sharpe campaign has chosen not to follow that path.

The OTB is a legal way for a 3^rd Party candidate to force a primary election in a major political Party. Collecting the OTB designating petition signatures would have been very doable.  However, winning a primary election is challenging and would have required some resources and commitment from Larry Sharpe and his campaign which they originally assured me that we would have.

For reasons unclear to me the Larry Sharpe campaign made the decision to pass designating petitions for Larry Sharpe for Governor on Republican Party Petitions.  (see attached)  This is in direct conflict of NY State Election law.

See Section 6-120.3 Designation and nominations; restrictions 

" 1. A petition, except as otherwise herein provided, for the purpose of designating any person as a candidate for party nomination at a primary election shall be valid only if the person so designated is an enrolled member of the party referred to in said designating petition at the time of the filing of the petition."

Our mission is to replace Andrew Cuomo as the NY State Governor.  Following through with the campaign slogan begun over five years ago “Cuomo’s Gotta Go”.  Andrew Cuomo has brought the citizens of New York State increased and never ending tax increases, increased state spending, increased corporate give-aways (billions in corporate welfare) and the never ending corruption trials taking place in Manhattan and Buffalo that these failed economic stimulus programs breeds, failed common core education, “free” college tuition and never ending anti-2^ndAmendment legislation.

Under Andrew Cuomo’s policies NY State is bleeding manufacturing and small business and the jobs that they create.  Working class families and college educated young adults are leaving the state in droves seeking good high paying jobs available in other state.  Working people and retired state employees of all ages across the entire state are leaving NY State for lower taxes found in many other state.

For those of us who are left who want to fix NY State’s failed fiscal and economic policies we know we must defeat Andrew Cuomo in November.

History and election statistics prove to us that Larry Sharpe appearing on only the 3^rd Party Libertarian ballot line simply cannot defeat Cuomo.  Going back five elections (20 years) we see failed attempt after failed attempt by 3^rd Party candidates to defeat the Democrat and Republican Party candidates.

Please visit the NY State Board Of Elections website and look at the previous election stats to see for yourself.    http://www.elections.ny.gov/2018ElectionResults.html

Wealthy former New Yorker Tom Golisano ran in three successive elections as a 3^rd Party candidate and had far more resources available to him than the Larry Sharpe campaign and he never came close to winning.  The past two gubernatorial elections the Libertarian Party has failed to gain 50,000 votes establishing their Party on a ballot line. 

As the recent events have unfolded it has proven to me that the Libertarian Party knows that Larry Sharpe has literally no chance of winning the Governor’s election.  What the Libertarians hope to accomplish is getting 50,000 votes on the Libertarian line making it easier in future elections for Libertarian candidates to get on the ballot for many different elective office positions.  (Ballot Access)

Larry Sharpe in his own words:  https://www.youtube.com/watch?v=MXkd15Xe1e4

This year there is a very real chance to defeat Andrew Cuomo (Cuomo’s Gotta Go) with a combined Republican Party / Conservative Party / Reform Party candidate. While I will always support giving the voters a choice in a primary election the Larry Sharpe campaign has decided not to pursue the legal process to do this.  Any signatures collected for Larry Sharpe on a Republican Party ballot will be null and void at the Board Of Elections office in Albany when they are submitted and filed.

After spending time with Republican Party candidate Marc Molinaro last week I have learned that with Marc Molinaro as the candidate we support we have a very real opportunity to defeat Cuomo (Cuomo’s Gotta Go).  For these reasons the only real choice, at this time, to replace Andrew Cuomo and end four more years of Cuomo’s destructive tax and spend policies is to support Marc Molinaro.

For those of us who continue to insist on supporting Larry Sharpe for Governor, I highly recommend getting behind the “Larry Sharpe For Governor 2022 movement”.  This could be, and should be, the long game or the 10 to 20-year plan several of you have spoken about.

To throw away a chance to defeat Andrew Cuomo (Cuomo’s Gotta Go) this year hoping to gain ballot access for the Libertarian Party is a terrible sell-out to your principled fellow Conservative family members, friends and neighbors.  I cannot in good conscience even consider enslaving my children, family members and friends with four more years of Andrew Cuomo just to gain easier Ballot Access for the Libertarian Party. 

What will be left of NY State and it’s citizens and for any 3^rd Party designs after 2 - 4 more years of Andrew Cuomo doubling down on his Progressive tax and spend policies and “give-aways” as he works to position himself even further to the left as the most Progressive Governor in the country for a Presidential bid in 2020?

This November a vote for Larry Sharpe is the same as a vote for Andrew Cuomo.   I am asking everyone to please consider the reality of this situation here in NY State and join me in voting for Marc Molinaro in November and defeating Andrew Cuomo (Cuomo’s Gotta Go) and then get behind the “Larry Sharpe For Governor 2022 movement” starting this December.