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Dear Friend,

I hope this email finds you and your family well. I am contacting you about an important issue facing our local counties. With elections approaching on June 23rd, there is an urgent need for Election Inspectors. Election Inspectors help make our elections run safely and smoothly and it is important that our election locations are properly staffed. To be an Election inspector, you must be a registered Democrat or Republican voter in the county. You will be paid $200 to work the day of the Primary (June 23rd) and the General (November 3rd) in addition to $25 to attend a training. I have included links to each of our counties Board Of Election websites if you are interested in signing up.

Wayne County residents:

https://web.co.wayne.ny.us/index.php/wayne-county-board-of-elections/election-inspectors/

Phone:315-946-7400

In a state dominated by one party from a small geographic area of the state, a divided legislature is important to rein the extreme notions of the dominant party.  Last year, both houses of the state legislature were dominated by one party for the first time in many years. We saw the results of a Senate controlled by those who were focused on ‘gun control’.

Previously, most gun control legislation –( but not all, remember the “Safe” Act )- “died” in the Senate which was controlled by Republicans. However, under one party control last year, we saw seven ‘gun control’ bills passed and, of course, signed by Cuomo.

The most egregious was the so-called “Red Flag” law or ERPO (Extreme Risk Protection Ordinance). This bill affects more than just the Second Amendment. Other Constitutional and civil rights such as Due Process were impacted as ERPO ignored the 4th, 5th, 6th and 14th Amendments.

The 2020 legislative session in Albany has seen many more gun control bills introduced.  There are eight bills of particular concern that have been introduced into both legislative houses.  (Find these on SCOPE’s web site www.scopeny2A.org under NYS Legislation.)   

Besides the above bills, there are other issues of concern. In particular, a bill passed which gave the governor expanded “emergency powers” in a time of public ‘distress’. Though New York law already allows Cuomo to suspend provisions of any state or local statute that would delay coping with a declared disaster, the new measure goes further, broadening the definition of disaster to something that is “impending.” Guess who determines if Cuomo’s emergency power is necessary?  The temporary powers last for a year and are renewable.

Assembly member Richard Gottfried, the longtime chair of his chamber’s health committee, had this to say: “I’m scared or concerned because I don’t know what the governor has in mind.” State Senator Julia Salazar, a Brooklyn Democrat, voted against the bill and made this statement: “It’s a reckless expansion of executive power.”  Salazar and one other Democratic Senator voted against the bill. Only two Republican State Senators voted against the bill: Senator Pam Helming (54th District) and Senator George Borrello (57th District). Several Republican Senators are retiring this year. Why did they not vote against the bill?  Especially those from Upstate NY!  This is bi-partisanship at its worst.

Cuomo did not offer a detailed explanation of his push to expand his emergency powers, telling reporters that “these are uncharted territories” and that “government has to respond.” This should be as troubling to you as it is to me. 

The Senate Republican retirements will require a massive effort by the State GOP party and party Chairman Nick Langworthy to find Republican replacements.   Without a divided legislature after the November election, the anti-gunners will have the opportunity in 2021 to control state redistricting. We may not see a divided legislature for at least a decade. 

Gun control advocates see gun crime as an opportunity to advance their agenda, even in situations where a gun control failure allows the crime to occur. Their attempt to hijack the Parkland high school shooting for their own purposes is a perfect illustration of this.

The response to the Parkland murders was spontaneous. Florida and several other states rushed to pass unconstitutional legislation called Extreme Risk Protection Orders (ERPOs) also commonly known as ‘Red Flag’ Laws. These are believed to prevent such future horrific events yet “red flags” already existed in Parkland and were ignored by both the school system and the Sheriff’s department. The young killer was ‘flagged’ many times but suffered no consequences. Both agencies were intent on protecting their reputations. The federal government was not free of responsibility either. 

A similar law took effect in New York on August 24, 2019. These ‘Red Flag’ Laws are intended as a way to keep “dangerous” people from possessing firearms. Your family members, ex-family members, school personnel and law enforcement are empowered to make an unproven accusation resulting in a court order stripping an individual of both their firearms and their Constitutional rights. 

New York’s and other state’s ERPO laws fail to safeguard not only the 2^nd amendment but also the 5^th and 14^th amendments. Both guarantee in our nation’s Bill of Rights:  “That no person shall be deprived of life, liberty or property without due process of law”.

Due process protections are side-stepped, and the standard of evidence required to remove an individual’s personal property is greatly minimized. The person who is the object of the complaint receives no notification nor do they have an opportunity to refute a possible false accusation. 

You are considered guilty until proven innocent and only by hiring a lawyer and expending time and a great deal of money can the accusation and confiscation possibly be reversed. There is no requirement for the accuser to sign an affidavit nor any penalty for false accusations.

No one wants a repeat of Parkland, Virginia Beach, El Paso, Dayton, or Odessa. However, removing the gun does not remove the threat. It may only change the means. Legislation that trades constitutional protections for the hope of future security is truly a red flag that should concern us all. Gun owners may not be the only ones impacted by the next unconstitutional law. Elected officials took an oath of office to protect the Constitution, not revoke its guaranteed rights. 

Laura Sepka,

Vice Chair

Wayne County SCOPE

“Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.” — Benjamin Franklin (1706-1790)

 

Brian Manktelow NY State Assembly 130th district
UPDATE: media outlets are now reporting that the Governors Office is Backtracking and saying those who hit their benchmarks on May 15 can begin the reopening process. For those who haven’t, the PAUSE has been extended until June 7”, Richard Azzopardi, spokesperson for the Governor. This may make a difference for some in UPSTATE NY. Speaking with other officials in my District we are are still on tract as of today to start the reopening, starting with Phase 1.

WE need to go back to work!

The Speaker of the Assembly needs to call us back immediately to END Gov. Cuomo’s expanded emergency powers and RESTORE the traditional authorities given to the Legislature so we have a say in the Future of OUR state.

We demand action NOW! Upstate matters and we will not give up this fight nor will I as Assemblyman for our 130th District.

May 04, 2020, Pamela Helming
New York State Senator Pam Helming today joined local leaders to call for the reopening of area sportsmen's clubs. Recently, Governor Cuomo authorized the reopening of marinas and golf courses. However, other recreational opportunities that can be done with social distancing, such as clubs that offer  target, skeet, trap and sporting clays shooting have not been reopened. Many of the opportunities these clubs provide can be done with even greater social distancing than golf or boating.

“This is a common sense issue. Everyone, including our local sportsmen's clubs are putting public health first. Many of the activities these clubs offer, including target shooting and sporting clays courses allow for even greater social distancing than launching a boat from a marina or playing a round of golf. Area clubs are committed to protecting public health and allowing them to partially reopen would provide an important opportunity for parents and grandparents home with children to pass the traditions of the shooting sports and teach the next generation safe firearms handling practices. This is an important issue that our local elected officials are engaged with and I am proud to stand side by side with them in supporting our sportsmen and women,” said Senator Pam Helming. 

“Reopening shooting sports clubs is another step in a return to safe, recreational activities.  As various facets of public life prepare to reopen, it is important to proceed in such a way that the public feels re-assured that the activities can be engaged in safely, responsibly and in adherence to recommendations and guidelines established by our Public Health Officials.  Engaging in Shooting Sports is an activity enjoyed by so many of our residents and is a great way to safely participate in outdoor activity, learn and perfect skills and enjoy some leisure time and fresh air while still abiding by social distancing mandates,” said Canandaigua Town Supervisor Cathy Menikotz. 

“As concerned citizens of New York, we all look forward to being as fairly treated as equal to the golfer, boater/fishermen, and all outdoor enthusiasts and having the State of New York and the Governor thoughtfully restore our ability to participate in our chosen sports activities and practice our Constitutional rights.  As we open our outdoor shooting ranges and course facilities, we would assure those concerned that we would comply with all social distancing and hygiene requirements to help bring this state and national pandemic to its’ eventual conclusion,” said Daniel T. Pitler, President Canandaigua Sportsmen’s Club, Inc.

“As is often the case, we find ourselves with more questions than answers dealing with our new reality as we cope with the world's current pandemic. The main question that we, as NYers have is "When can we get back to our normal lives?". Whatever that new normal may look like, there are bound to be some changes and we understand that. We as a sportsman's organization, like other businesses, cannot stay on "lockdown" for an indeterminate time. In an effort to move forward, we ask that our organizations be afforded the same opportunity as other recreational businesses have been given, to open our ranges back up to our membership and guests. In doing so, proper person to person distancing, as well as adherence to suggested health guidelines would be a priority, and very much attainable. I believe I speak for many men and women, including our high school team members, who safely engage in our sport year after year. The 2nd Amendment is held in high regard by many upstate NYers, and we eagerly look forward to using our facilities, as intended, in a safe and healthy manner,” said Rick Bills, Hol-Field Rod and Gun Club

“On behalf of Ontario Rod and Gun Club Officers, Board of Directors, and our four hundred (400) members, we request to fully reopen our club to sport shooting, training classes and events. We will follow the guidelines and social distancing.as advised by health professionals,” said Steve Verdi, Chairman of the Board, Ontario Rod & Gun Club. 

“The Shooting Sports are activities that are enjoyed by all types of people. Young and old, male and female, athletes and non athletes. Enjoying the outdoor shooting sports whether competing or just plinking is a very healthy way to escape the current stress and anxiety that the COVID pandemic is creating. Concentrating on the “bird” when breaking clays or zeroing in on the bullseye takes strict attention and concentration along with safe gun handling practices to truly be successful. These outdoor activities are one of the safer, if not the safest, social distancing sports out there. Let’s reopen these Sportsmen’s Clubs and get our children, parents, grandparents, aunts and uncles out of their homes in a safe environment enjoying the shooting sports once again,” said Jeff Gallahan, Manchester Town Supervisor. 

“People are looking for safe recreational activities in this period of social distancing.  To allow golf courses and marinas to open with proper distancing, but not shooting clubs like the Canandaigua Sportsmen’s club is just ludicrous. This seems like a political decision, rather than a practical one and once again shows our governors disdain for the second amendment and proves he is out of touch with our part of NYS,” said Jared Simpson, Canandaigua Town Councilman.

https://www.hunter-ed.com/newyork/ Dear Friend. I hope this email finds you and your family safe and healthy. Due to the recent COVID-19 pandemic outbreak, the Department of Environmental Conservation (DEC) has announced that it is offering for a limited time, an online hunter safety certification course. This online course will be available from April 15th to June 30th and can be taken by anyone 11 years or older and licenses may be purchased by anyone over the age of 12. The cost of the course is $19.95. The link to the website is https://www.hunter-ed.com/newyork/. This new online opportunity will help parents and grandparents pass on safe hunting practices and maintain the tradition of outdoor recreation within their family and around our region and our state. As your State Senator, I take great pride in defending our Second Amendment rights and the rights of our sportsmen and sportswomen. Please do not hesitate to contact me whenever I can be of assistance with regards to your New York State government. Best, Pam State Senator, 54th District  Albany Office: 517 Legislative Office Bldg Albany, NY 12247 518-455-2366 District Office: 425 Exchange St Geneva, NY 14456 315-568-9816

UPDATE:          ORGC response to NYS restrictions. Most modifications have been in effect since the beginning of the NYS PAUSE.  There are some additional modifications. PLEASE READ! EVENT CHANGES ALL club sanctioned events are CANCELLED  until the NYS PAUSE is lifted.  This includes: All Training Classes Youth Programs; NYSHSCTL & ORGC Youth All Shooting Matches; Tuesday Night Trap, Tuesday USPSA, Monthly   USPSA, Rifle All Club meetings Clubhouse is CLOSED to all non-essential members  RANGE USE CHANGES  - Effective Saturday April 18, 2020 Ranges will remain open to members ONLY: Range use for MEMBERS ONLY – NO GUESTS!  Hours: Monday to Saturday 9 a.m. to 7 p.m. gate locks               Sunday 10 a.m. to 7 p.m. gate locks You must wear a mask in public spaces per NY requirement. Gloves are recommended. Follow the social distancing rules from CDC  - 6 feet away from others Use and touch ONLY your own gear You MUST clean up the area you use (remove and discard your personal targets, put away target stands and club targets, pick up your brass)  to prevent the possible spread of the virus to others Our decisions were based on information we obtained from the DHS.  All members are required to follow the direction given for range use.  If these rule modifications are ignored, we will be forced to shut down the range COMPLETELY until the pause is lifted by NYS. MEMBERSHIP CHANGES Club dues must be paid by April 30, 2020 to avoid deactivating your FOB. $25.00 for FOB reactivation fee after April 30, 2020 $25.00 for FOB reactivation if you let your membership lapse for one year or more. Effective immediately:   You will need to retake orientation for any membership lapse over a year. No charge for the orientation. $10.00 FOB replacement fee. The ORGC Rule Book will be out some time this summer.  Because Safety is our number one concern, all members will be required to take a Range Safety refresher course at no charge before 2021. Mail your dues to 2523 Trimble Road  Ontario, NY 14519. Dues info can be found in the February issue of The Scatter Sheet,  OR you can drop your dues in our secure mailbox at the club.  Be sure to have your full name and a CURRENT WORKING EMAIL ADDRESS in the envelope in the event we need to respond. Please contact Membership Director, Pete Sundquist, if you have MEMBERSHIP questions. sundquistp2032@gmail.com We look forward to the pause being lifted as we get back to normal this year.  If you have questions, please call Steve Verdi, 585-739-3195. Thank you for your cooperation while we work through this unprecedented event.  Ken Paul, ORGC President Steve Verdi, Board Chairman (Frankie LaMarca per direction of Steve Verdi)

https://mailchi.mp/90b513c3936a/attention-orgc-responds-to-nys-covid-19-restrictions?e=fa7b5b6d31

Virginia Gov. Signs Slew Of Gun Control Bills Into Law While Nobody Can Protest

While working for the government, I was stationed in VA for two years and loved the state and her people. I almost turned down my next assignment to stay there. Boy am I glad I didn’t because I’d be moving. These liberals need to write a book and title it: How to ruin a state in one term.

Virginia's ignorant, tyrannical government has spoken. But 91 out of 95 total counties also have declared their positions. It'll be interesting to watch coonman join the battle against far flung armed subordinates who seem determined to defy unconstitutional laws. At the end, they’ll learn it's not the business of government.

Governor blackface will need to order his local and state police to bully millions of peaceable, lawful citizens. His government will need to issue millions of warrants. Police will need to mobilize hundreds of SWAT teams. Each confiscation will need to be planned. Groups will need to be transported to homes, cabins and storage sites. They'll need to penetrate fences, cut locks, break down doors and search rooms. They'll need to be prepared for armed resistance.

Red flag states include a small band of ignorant, tyrannical governors shoving the U.S. to the brink of catastrophe. Red flag laws were created to transfer authority from licensed psychiatrists to unqualified persons more obedient to democrats, e.g., local judges and nosy neighbors.

Criminal prosecution of accusers for malice or lying makes good press but it's very difficult to prosecute and virtually impossible to prove. Due process requires reports from two psychiatrists, one from each side, legal representation, arraignment, indictment and trial by jury. Public defenders offer little comfort.

Nobody wants criminals to have firearms but to be taken seriously, if the accused is a danger to himself (not against the law) or others, he should be legally arrested. In other words, take the man but leave the arms. Every state allows for the involuntary detention of dangerous individuals for psychiatric evaluation. The difference is red flag laws only confiscate arms, the obvious objective.

I've often wondered how the police, teacher, classmate or aunt would know the rightful owners of which firearms. Seems law enforcement would risk serious lawsuits if they err on that point. Currently, that point is being litigated in Lori Rodriguez v. City of San Jose. Also submitted for Supreme Court review are Pena v. Cid, Mance v. Barr, and Culp v. Madigan. However, the major cost of these laws is the loss of trust between peaceable, lawful citizens and their elected officials.

One look at Virginia reveals why armed citizens are becoming more important with every election cycle. Federal Firearms Licensees must be allowed to stay open during national emergencies because arms purchases must undergo a background check and cannot be delivered or mail ordered. A government with the power to oppress commerce in arms is very dangerous and must be rejected.

https://defensemaven.io/bluelivesmatter/news/virginia-gov-signs-slew-of-gun-control-bills-into-law-while-nobody-can-protest-rMCsTvOEs0iVK5qjWC9XHA

Albany's Dead-Of-Night Coronavirus Vote Gives Cuomo Sweeping New Emergency Powers 

Health Commissioner Howard Zucker and Governor Andrew Cuomo speak at a COVID-19 briefing in Albany on Wednesday. Mike Groll / Governor's Office

In the wee hours of Tuesday morning, the state legislature approved $40 million in emergency funding to help contain the COVID-19 outbreak in New York. Buried within the legislation is a provision that has alarmed progressive lawmakers and advocates: an extraordinary, broad, and little-understood expansion of Governor Andrew Cuomo’s emergency powers.

“I’m scared or concerned because I don’t know what the governor has in mind,” said Assemblymember Richard Gottfried, the longtime chair of his chamber’s health committee.

With the support of both legislative leaders, the emergency funding bill overwhelmingly passed the Democrat-controlled Assembly and State Senate. Andrea Stewart-Cousins, the Senate Majority Leader, and Carl Heastie, the Speaker of the State Assembly, pushed for its passage, overriding the concerns of the health committee chairs in both chambers.

Cuomo did not offer a detailed explanation of his push to expand his emergency powers, telling reporters that “these are uncharted territories” and that “government has to respond.”

The whole process was rushed, in typical Albany fashion. Word came Monday afternoon that legislation would be coming to the floor from the governor’s office, Gottfried said. The state’s health commissioner, Howard Zucker, had met with Assembly Democrats for a briefing, making no mention of the need of additional emergency powers.

The Assembly and Senate hardly debated the bill. It passed both houses after midnight, with little time to read it or seek outside counsel. The Senate approved the measure 53-4, while the Assembly voted 120 to 12 in favor.

Though New York law already allows Cuomo to suspend provisions of any state or local statute that would delay in coping with a declared disaster, the new measure goes further, broadening the definition of disaster from a “past occurrence” to something that is “impending.”

The new law specifically added “disease outbreak” to a list of triggering events alongside “epidemic,” and gives Cuomo new power to issue directives “necessary to cope with” a broad list of potential disasters, from tornados to cyberattacks to volcanic eruptions.

The definition of disasters is general enough that critics fear Cuomo, a governor who already enjoys aggressively wielding executive power, can abuse the new law in a wide array of circumstances to override existing law.

“It’s a reckless expansion of executive power,” said State Senator Julia Salazar, a Brooklyn Democrat who voted against the bill.

In a statement, the New York Civil Liberties Union compared the new law to anti-terrorism provisions passed after 9/11 that were never used to prosecute terrorism. “We should not repeat the mistakes of 20 years ago. While the legislature should move expeditiously to fund and support the necessary public health response, nothing requires them to expand executive power without adequate consideration for the need or the potential consequences,” the NYCLU said.

Part of the challenge of understanding the expansion is the lack of specificity in the bill language. Since the governor already has expansive emergency powers, adding more could theoretically justify all kinds of maneuvers, like the declaration of martial law, unilateral travel restrictions, and mass quarantines.

The limits are largely unknown.

Assemblymember Yuh-Line Niou, a Manhattan Democrat, said Cuomo’s expansion of emergency powers deeply concerned her as an Asian-American legislator.

“One of my mentors was born inside an internment camp,” Niou said in an emotional Instagram video, referring to the unlawful detention of Japanese-American citizens during World War II. “I have an innate fear of what would happen if we allow our government to be able to weaponize fear and to be able to make a directive and have the power to order private citizens to do something without any checks and balances.”

As far as Gottfried understands, Cuomo’s new emergency powers would allow the governor to override the due process the people who are quarantined are entitled to under existing law, like a person being required to see a judge after being arrested for violating an order.

“Those are valuable safeguards,” Gottfried said. “As best as I can tell, the new law does away with them if the governor chooses to.”

The law has a sunset provision and the legislature will have to renew it in a year. It’s unclear if Cuomo would push for a renewal. The governor’s office did not immediately respond to a request for comment.

“We don’t fully understand the implications of the new powers versus the old ones,” said John Kaehny, the executive director of the good government group Reinvent Albany. “We have not had time to analyze its full scope.”

Kaehny compared the new expansion of emergency powers to another that is quietly up for renewal Thursday: Cuomo’s declaration of emergency over the subway system. The 2017 declaration, made when the subway system was breaking down at an alarming rate, allowed the MTA to bypass environmental and anti-corruption safeguards when seeking new contracts to do work. Under the emergency declaration, the MTA is currently allowed to bypass the competitive bidding process entirely and oversight from the state comptroller’s office.

The improving subway service hasn’t led to the removal of the emergency declaration.

Gottfried, who has served in the legislature since the 1970s, said he was perplexed because no governor had ever asked him to expand emergency powers during previous crises, whether it was the AIDS epidemic of the 1980’s, the response to Hurricane Sandy, or the 2014 Ebola outbreak.

“The governor and health commissioner never asked for anything like that, never said their hands were tied.”

Gov. Cuomo sued for stopping sales of guns
to civilians during COVID-19 pandemic

by Matt Mulcahy         Wednesday, April 1st 2020

Gov. Cuomo sued for stopping sales of guns to civilians during COVID-19 pandemic (File Photo).

OAKDALE, N.Y. — Two men looking to purchase guns to defend their homes are suing New York Governor Andrew Cuomo over his executive order that declares which businesses are essential during the COVID-19 pandemic. Firearms company Dark Storm Industries is also a party in the lawsuit making the complaint to Federal Court stating they can no longer sell weapons or ammunition to ordinary citizens in New York.

Both Brian Doherty and Kevin Schmucker reside in Suffolk County. They each began transactions to purchase long guns before the Governor issued an Executive Order mandating which businesses would be declared essential services during the pandemic. Gun retailers were excluded from being declared essential. Dark Storm Industries applied for an exception.

They received a response from New York State’s Empire State Development Corporation that said: “your business has been designated as essential solely with respect to work directly related to police and/or national defense matters are exempt from the current restriction.” Dark Storm sought further clarification. According to its legal claim, they replied to the ESD in an email asking, “So to be clear we may continue to conduct business with law enforcement and military but not civilians?” ESD responded, “Yes that is correct as advised by counsel.”

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On its website, Dark Storm cites unprecedented demand during this time. They say they are sold out of rifles, shotguns, and ammunition. They also state they are closed to the public but are able to service police, military, and security.

The plaintiffs are asking the court to declare this Executive Order as unconstitutional. They are asking for an injunction to allow them to remain in business.

New York State has not yet responded to the suit filed in the United States District Court in the Northern District of New York. A court date has been set for June.

Link to the article