The Supreme Court will hear a case involving a NY Official’s Attempt to “Blacklist” the NRA despite a controversial judgment issued by the U.S. Court of Appeals for the Second Circuit.

“This is a historic step forward for free speech, the NRA’s millions of members, and for all who believe in freedom,” says NRA CEO & EVP Wayne LaPierre.”

Former New York State Department of Financial Services (DFS) Superintendent Maria Vullo initiated two unrelated actions against the NRA, allegedly at the request of former New York Governor Andrew Cuomo, one of which successfully shut down an NRA program. DFS opened an investigation in 2017 into “Carry Guard,” an NRA-endorsed insurance program. 

What limits should we expect to be placed upon governmental officials with regard to their ability to weaponize their office against their so-called political enemies. 

The NRA alleges that under the guise of advancing a gun-control agenda, “Vullo: (1) warned regulated institutions that doing business with Second Amendment advocacy groups posed ‘reputational risk’ of concern to DFS; (2) secretly offered leniency to insurers for unrelated infractions if they dropped the NRA, and (3) extracted highly-publicized and over-reaching consent orders, and multi-million dollar penalties, from firms that formerly served the NRA.”

The Vullo-endorsed campaign began with an investigation into the NRA’s involvement with certain widely offered affinity insurance products. New York failed to investigate other similar insurance offerings – and was the only state to take such action against the NRA.

This is not thefirst time state officials have leveraged their regulatory power to suppress a disfavored civil rights organization or choke off disfavored speech. The NRA's petition emphasizes a long line of First Amendment cases – from seminal decisions involving the NAACP, to the Supreme Court's storied Bantam Books decision – that forbid such tactics.

“The Second Circuit’s opinion…gives state officials free rein to financially blacklist their political opponents – from gun rights groups to abortion-rights groups, to environmentalist groups, and beyond,” states the NRA in its petition. The Association argues that the Second Circuit has erroneously opened the door to unrestrained harassment of advocacy groups by state officials and seeks to have it closed.

Even the ACLU supports the NRA stating “If Cuomo can do this to the NRA, then conservative governors could have their financial regulators threaten banks and financial institutions that do business with any other group whose political views the governor opposes. The First Amendment bars state officials from using their regulatory power to penalize groups merely because they promote disapproved ideas.”

Call these two House members to help rein in the ATF.  “If I had it my way, I’d abolish the ATF entirely and throw the gun grabbing bureaucrats behind bars for crimes against the Constitution. But until that becomes a political reality, I suppose slashing their budget by over $300 million is a good start. And that’s exactly what the current House version of the 2024 “CJS” budget does. (2024 Commerce, Justice, Science and Related Agencies Appropriations) More than 80 amendments have already been filed for this pro-gun budget that will be taken up in the House Rules committee NEXT WEEK. Call the leaders of the committee and urge them to block any amendment that would water down the pro-gun language in the CJS bill. Call Chairman Tom Cole (R-OK-04) at (202) 225-6165 and Vice Chairman Michael Burgess (R-TX-26) at (202) 225-7772 today” (This message was originated by the National Association for Gun Rights)

One of the oldest and most well-known firearm manufacturers in the United States, Smith & Wesson, has relocated their headquarters from Massachusetts to Tennessee. Smith & Wesson was founded in Connecticut in 1852 and relocated to Springfield, Massachusetts shortly after.

The new headquarters had a ribbon cutting ceremony this past weekend, with tours of the facility available to the public. The new facility is 650,000-square feet and cost $125 million to build. Senator Marsha Blackburn, a Republican from the state, attended the ribbon-cutting ceremony, stating that she and the people of Tennessee are “thrilled” to welcome Smith & Wesson to Tennessee. She added the Tennesseans know that the Second Amendment is “non-negotiable.” The president and CEO of Smith & Wesson, Mark Smith, said he looks forward to the next 170 years of Smith & Wesson, calling Tennessee “something special.”

The move has drawn praise from Republicans and the National Rifle Association, who lauded the gun manufacturer for moving to a red state that was more friendly towards firearms owners than blue New England. Tennessee has expanded gun rights in recent years thanks to Republican leadership, including a 2021 law that would allow adults who are at least 21 years old to carry a handgun without a permit.

The Executive Director of Advancement for the NRA, Tyler Schropp, congratulated the manufacturer on their move, as well as their strong legacy, saying they are an important part of preserving the gun industry in America and our Second Amendment rights. Schropp also said that the NRA was proud to have helped pass the Protection of Lawful Commerce in Arms Act.

The ribbon-cutting ceremony for the new manufacturing featured Jerry Miculek, a competitive shooter who broke an NRA world record by shooting six steel plates in under two seconds from seven yards away, which Schropp congratulated him on.

A spokesperson from Smith & Wesson said they plan to add a museum and a retail store onto the manufacturing facility in coming years.

The winning ticket for today’s drawing was ticket # 734

Firearms safety training, 1956

REMINDER

WCS Members meeting is tonight October 11,2023. 

2 speakers plus updates on your Second Amendment rights and pushbacks against their infringement by NY and others. 

The drawing for the 30-30 Henry raffle is this Thursday, October 12th @ 4:00 PM.

If you wish to participate, the zoom info is below. 
Draw 1 winner.  Done.   should take 10 minutes. (9 1/2 minutes to chat and spin the drum, 30 seconds to pull winning ticket)

Join Zoom Meeting

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Meeting ID: 895 3074 9995
Passcode: 866431

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As you know, background checks for ammunition and firearms in New York State are now conducted by the New York State Police. This change took effect on September 13, 2023, and was instituted as a requirement of the Concealed Carry Improvement Act, legislation I strongly opposed and voted against.  

The Concealed Carry Improvement Act requires background checks for both firearm and ammunition purchases. The background checks are conducted by a new centralized bureau established within the State Police. As I mentioned, I oppose the State taking control of the background check process and implementing further steps and fees. I wanted you to know that I have introduced legislation removing background check requirements for ammunition purchases and preventing new fees from being passed on to retailers and consumers. 

My legislation, Senate Bill S.7650-A, would: 

• Require that all costs associated with the creation and maintenance of the background check system be borne by the State and prohibited from being passed on to either retailers or consumers, eliminating any possibility of new fees; 
• Eliminate new requirements that those purchasing ammunition submit to a background check; 
• Eliminate the creation of an ammunition purchase database, removing concerns about the State unnecessarily collecting data. 

I have heard from many of my constituents about the burdensome process and unreliability of the new background check system. Please know that I will continue to fight this State overreach and other legislation – like Bail Reform, the HALT Act, and the Concealed Carry Improvement Act – that undermine lawful gun owners and sportspeople while prioritizing criminals. 

The F-35 stealth jet isn’t the only example of expensive technology that crashed recently. The implementation of New York’s ammunition background check law – the rollout of which was, to be generous, extremely low visibility – was a disaster of its own, judging from initial reports.   

The new law was actually passed as part of broader gun control legislation a decade ago. The so-called SAFE Act (2013) authorized a statewide ammunition background check database and required that the superintendent of the state police make a formal “certification” that the database was “operational” before the law could take effect.  

Confusion over whether this has occurred and what the new changes involve is understandable.  Readers of the government’s official “Gun Safety in NYS” website were still being given the following outdated information as of September 21:

Is there any background check now required for purchasers of ammunition?

Not yet. The law provides that background check requirements imposed on all retail sellers of ammunition are scheduled to take effect on September 13, 2023.

To complicate things, the implementation of the ammunition background check law coincides with another gun control development in the Empire State, pursuant to which the New York State Police (rather than the FBI) is responsible for conducting all firearm and ammunition-related checks using both NICS and a “statewide license and record database.”

The database requires detailed personal information about the purchaser: name, “up to five additional names/aliases,” residential address, date of birth, height, weight, race, ethnicity, “prior military status,” country and place of birth, citizenship, whether and what driver’s license or government-issued identification the person has, social security number, contact information, and (for ammunition buys) the manufacturer, the “Ammunition Identification Number,” the caliber and amount of ammunition being purchased. (The State Police guide for dealers has, out of a total of 21 pages, devoted eight to the initial personal information needed.)   

All background check transactions currently “need to be processed online,” as an “Interactive Voice Response (IVR) telephone solution is in the process of being implemented but will not be available until October.”

Shortly before September 13, a gun store owner indicated that there was no outreach: “No dealer in New York has been contacted by the state about how it will work.” Other ammunition retailers complain that the new system isn’t actually working – apart from the time it takes just to enter the required customer information online, there are significant delays in getting the system up and running and in response times. “It took eight hours between a computer tech and me to play with their website to get their website working,” reported one gun store owner. Only a few days after the system went live, another retailer expressed frustration with delays before a sale could proceed, describing his longest wait time for a response (at that point) as 22 hours.

Even worse, an improper denial means the person has to appeal to the State Police and wait out the appeal period of up to 30 days before being able to purchase ammunition. Tom King, the executive director of the New York Rifle & Pistol Association and the holder of a state pistol permit for over 40 years, was denied when he tried to buy shotgun shells, and has since appealed. “They’re denying everybody I’ve talked to,” he said.      

Gun owners are dinged with additional fees to pay for this, being $2.50 for ammunition purchase background checks and $9.00 for firearms, and the law will have other, less obvious financial repercussions. “We lose money on every box of ammo we sell because of the time involved,” one retailer says, adding that, “It’s not going to get easier. We’re going to have to raise our prices.”

A newsletter from New York’s Assembly Minority Office of Public Affairs confirms there are “very legitimate concerns about the burden this new system will place” on the business community, the State Police, and gun owners. “Costs will go up and it is unclear what benefits this new law will generate…This law targets law-abiding gun owners and puts yet another financial burden on already overtaxed businesses and individuals. It is hard not to look at this as anything more than a punitive fee for access to the Second Amendment.”

Empire State residents who are not gun owners won’t escape the reach of this folly, either – a reported $20 million in the 2023-24 budget has been allocated for the State Police for implementation, including the hiring of 100 additional personnel.

The most ridiculous thing about all this wasted time, money, ink and effort is that New York’s dangerous criminals will continue to flout the law. The executive director of one New York gun control group was quoted as saying that, although “lawful gun owners may have to wait a bit longer right now in the immediate, they themselves understand what could potentially happen if an individual who does not have a license or does not pass a background check is able to obtain that gun.” Contrary to her claims, lawful gun owners understand all too well that criminals don’t waste time jumping through government hoops to buy guns or ammunition. “The only people that this is affecting,” says Tom King, “is the lawful legal citizen in New York state.”

SCOPE Needs You in County Chapters!  By Don Smith

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

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

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

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

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

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

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

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

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

Don Smith
Membership Chair
Don6027@gmail.com

Governor Hochul applauded passage of the 2022 NYS Concealed Carry Improvement Act and stated: "I refuse to surrender my right as governor to protect New Yorkers from gun violence or any other form of harm. In New York State, we will continue leading the way forward and implementing common sense gun safety legislation."     

Governor Kathy Hochul has repeatedly said she was trying to protect the citizens of New York State when she signed the Concealed Carry Improvement Act (CCIA) in July 2023. Factually she did so in animosity of the decision by the Supreme Court in NYSRPA v. Bruen. 

Does the government have a basis for restricting our Second Amendment right in order to protect the citizenry? They would have us believe that the Second Amendment does not protect an individual right to keep and bear arms. Instead, they claim it protects a militia right or a military right. But an individual right to own a gun for personal protection is an idea that is deeply rooted in American culture. Moreover, the Supreme Court’s decision in Heller in 2008 said: “The Second Amendment protects a right that is “exercised individually and belongs to all Americans.” 

Yet elected officials and their allies continue to insist on appealing to emotion when people are innocently injured or killed because of domestic violence and emphasizing the unconstitutional removal of guns by utilizing “red flag” laws. 

Second Amendment Foundation’s (SAF) Executive Director Adam Kraut said: “Red flag laws are based on the inherently Orwellian belief that you can take actions against someone for an alleged crime that hasn’t occurred. Such laws authorize seizure and punishment for a crime nobody committed but which could occur at some place and time in the future. This may work in a science fiction movie but should not be allowed in real life.”

Despite the existence of tragic events, we do not believe that we should measure or define our rights on the basis of how others may misuse these rights or their misbehavior. A psychopath’s misbehavior should not be a basis for us losing our right to own a particular firearm of our choice. Cars, like guns, can be misused but this is not a good reason for banning cars. 

Many lower courts following the Heller decision attempted to justify gun control by balancing the good versus the bad of guns. But we should not be losing our gun rights because of an expressed government interest. In fact, our rights are there to thwart the government.