SCOPE NY

Briefings  from SCOPE President, Tom Reynolds

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  • 12/07/2022 12:12 PM | Anonymous

    Lame Duck Dangers and Joe Biden  by Tom Reynolds

    SCOPE warned that the “lame duck” period until the new Congress takes over in January could be very dangerous to our rights.  Joe Biden is trying to prove our point.

    Proving that Thanksgiving is aptly called “Turkey Day”, on it, Biden told reporters that he would be working on new gun-control laws between now and when the Republicans take charge of the House in January.

    The idea we still allow semi-automatic weapons to be purchased is sick. It’s just sick,” Biden said. “It has no, no socially redeeming value. Zero. None. Not a single solitary rationale for it except profit for the gun manufacturers…I’m going to try to get rid of assault weapons.”

    As most gun owners know, semi-automatic describes a broad array of guns that can fire one bullet with each squeeze of the trigger and reloads itself after each shot.  Almost a decade ago, the National Rifle Association estimated that half of all guns sold in the U.S. qualified as semi-automatic. That ratio would probably be higher today.   

    The American people would seem to be letting Biden know their feelings by voting with their pocketbooks.  Black Friday was the 3rd highest Black Friday for NICS checks with 192,749.  The previous week wasn’t bad, either:

    • Saturday, Nov. 20, 2022-102,376;

    • Sunday, Nov. 21, 2022 - 57,665;

    • Monday, Nov. 22, 2022 - 103,543;

    • Tuesday, Nov. 23, 2022 - 109,895;

    • Wednesday, Nov. 24, 2022 - 116,033;

    • Thursday, Nov. 25, 2022 - 29,111;

    • Friday, Nov. 26, 2022 - 192,749

    Earlier this year, Democratic Representative David Cicilline of Rhode Island filed the HR1808, the Assault Weapons Ban of 2022 Act, which passed the House on July 29th by a party-line 217-213 vote. Cicilline’s bill would ban the sale or possession of multiple different types of firearms, including rifles, pistols and shotguns as well as large capacity magazines.  The bill has currently been referred to the Senate Judiciary Committee so it would normally die there and it would have to be reintroduced as a new bill in the new Congress in January.  However, given Biden’s threats, will he try to breathe life into it since the new House is unlikely to pass it if reintroduced?

    Never letting a tragedy go to waste, Biden has tried to use some recent shootings to reinforce his call for an assault weapons ban.  But inconvenient facts would get into his way, (if the media were willing to do something other than be the left’s propaganda arm).  The perp behind the Walmart shooting and another who killed three football players at the University of Virginia reportedly used 9mm pistols, not the so-called assault weapons”.

    Republican Rep. Thomas Massie of Kentucky noted that, “Americans rejectedPelosi’s gun control schemes in the midterms, yet here is Biden saying he wants to ban modern firearms, and maligning most gun owners.”

    Biden also said he would be working to strengthen federal Red Flag laws, ignoring that those laws run afoul of the 2nd, 4th, 5th, 6th and 14th Amendments.  That pesky Constitution is such a bummer for Biden!

  • 12/06/2022 10:13 AM | Anonymous

    One issue that seems to have been forgotten by some voters in the recent election is the incompetence of the Biden administration in foreign affairs. 

    When not desperately trying to destroy the 2nd Amendment, Democrats were handing over $83 billion worth of equipment to the enemy in a botched retreat from Afghanistan.  (Not quite what the British left behind during WW2 at Dunkirk, but a good start.)

    The enormous list of weapons and military hardware that was gift-wrapped and handed to the Taliban is extensive and includes the following:

    American Aircraft, Equipment & Armored Vehicles*

    o   2,000 Armored Vehicles Including Humvees and MRAPs

    o   75,989 Total Vehicles: FMTV, M35, Ford Rangers, Ford F350, Ford Vans, Toyota Pickups, Armored Security Vehicles etc.

    o   45 UH-60 Blackhawk Helicopters

    o   50 MD530G Scout Attack Helicopters

    o   ScanEagle Military Drones

    o   30 Military Version Cessnas

    o   4 C-130s

    o   29 Brazilian made A-29 Super Tucano Ground Attack Aircraft

    o   Heavy Equipment, Including Bull Dozers, Backhoes, Dump Trucks, Excavators

    *Per ammoland 11/19/22

    Retired Lt. Colonel Oliver North (who spoke at SCOPE’s 2021 annual banquet) said that U.S. weapons and military equipment abandoned by the Biden administration in Afghanistan is “some of the most sophisticated weapons and equipment we’ve ever made for the military…It’s going to be reverse-engineered in China. It will be reverse-engineered in Russia. It will be used against us in other campaigns.”

    North predicted that the Taliban, ISIS, and Haqqani Network would collectively become “the best armed criminal enterprise in the history of mankind”. 

    The good news is that everything eventually wears out and Biden wouldn’t sell spare sparts to the Taliban.

    He wouldn’t?  Right?

    Please tell me Biden wouldn’t, even if the Taliban agreed to go Woke in exchange for spare parts?  He wouldn’t? Right?

    Just imagine, for a moment, if we still had that equipment to give to Ukraine when that war broke out.

    _____________________

    On another opportunity that Biden is fouling-up through inattention…

    Huge riots are breaking out China, Iran and Russia.

    The Chinese don’t seem to like being locked up because of Covid, especially since some people are having their doors welded shut to keep them isolated.  (Don’t they have fire laws in China?)  Isn’t it ironic that the virus they introduced into the world is coming back to bite them.

    What is rumored is that China Chairman Xi is actually using the China Virus as a cover up for political oppression.  What?  A socialist government would use its unrestrained power against a political enemy?  Say it aint so.

    In Russia, there has been widespread protests against the Ukrainian War.  Even the military got involved when, in early November, thousands of furious conscripts, who had been forcibly mobilized into Russia's military, rioted in the southwest Russian city of Kazan. 

    And the war itself isn’t going real well, either. 

    And in Iran, riots had been breaking out over water shortages, blackouts and the rise in government-controlled prices.  Then, the death of a 22-year-old woman, Mahsa Amini, in a hospital where she was taken by morality police for violating social dress codes, caused further rioting.

    Ronald Reagan would be salivating at the opportunities afforded by this level of discord amongst regimes that are truly evil.  We could expect the modern-day equivalent of “Tear down this wall”.  He’d be flooding the market with U.S. produced oil to back Russia’s and Iran’s economies into a corner at a time they can least afford it.

    What is Biden doing?  He had a state dinner for France’s President and his media buddies are focused on Donald Trump’s dinner guests.

    Perhaps he thinks that the riots are “mostly peaceful protests”? 

    At the very least, Kamala Harris could start a “go fund me” account to bail out the rioters, as she did with rioters in the United States.

    But in fairness, not all riots deserve Biden’s attention. 

    Riots broke out in several cities in Belgium and the Netherlands following Belgium’s 2-0 defeat to Morocco at the World Cup in Qatar.  Bummer.  2-0!  That was a blow out in soccer (oops football).


  • 12/05/2022 3:33 PM | Anonymous

    Gazzola  by Tom Reynolds

    Last week, SCOPE wrote about a hearing scheduled on Thursday the 1stof December on the Gazzola v Hochullawsuit. S.C.O.P.E. Shooters Committee On Political Education - Gazzola v Hochul Lawsuit (scopeny2a.org) This is the lawsuit over Hochul’s crushing, unconstitutional laws aimed at driving Federal Firearm Licensees (FFL’s) out of business. On Friday, the judge deniedthe lawsuit’s request for an injunction to stop the laws from going into effect.

    As yet, we have only seen the following announcement and not the written decision.

    After carefully considering all of the parties' submissions in connection with [13] Plaintiffs' motion for a temporary restraining order and/or a preliminary injunction, as well as the oral argument presented at the hearing yesterday, the Court DENIES Plaintiffs' [13] motion, and will not issue a temporary restraining order or a preliminary injunction. A written decision will follow shortly. SO ORDERED by Chief Judge Brenda K. Sannes on 12/2/2022.

    This decision does not stop the lawsuit from going forward but does stop an injunction from temporarily halting its enforcement.

    Judge Brenda K. Sannes, the Chief U.S. District Judge, was an Obama appointment in 2014. (She is one of the results of gun owners who don’t vote.)

    In the lawsuit, the FFL’s asserted, “Many of the new laws will financially burden the Plaintiffs to a point that they will be forced out of business, potentially as early as December 5, 2022, if no immediate relief is had from the Court.”

    Today is December 5th. FFL’s that have not complied with the law and open their doors today will be in legal jeopardy. Hopefully, local law enforcement agencies will not enforce the law.

    On July 19th, SCOPE wrote an Email about the effect of these new laws regarding FFL’s. The following is from that e mail.

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

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

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

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

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

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

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

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

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

  • 12/01/2022 4:34 PM | Anonymous

    Chicken or the gun  by Tom Reynolds

    At Fort Lauderdale-Hollywood Airport in Florida, a handgun was found inside a raw chicken.

    In answer to your first question, per the TSA website, "meat, seafood, and other non-liquid food items are permitted in both carry-on and checked bags."

    Which raises a second question: why would anyone bring a raw chicken on an airplane?  Answer: to hide a handgun.

    And the obvious third question: which came out first, the gun or the magazine?

    This was not a half-baked idea.

    Reasons given for it being discovered:

    • The bird was on the no-fry list

    • There’s no carrion in the carry-on.

    • The gun was half-cocked.

    No word on what the passenger is being charged with other than being afoul of the law.
    ______________________

    A California teen decided to reach across the political aisle and strike up a conversation with Trump supporters at a recent rally in Tennessee.

    "Growing up in L.A., you think that these events are going to be like, very aggressive," Samuel Donner said.  He thought initially no one at the Trump rally would want to talk to him. "I was absolutely baffled that people wanted to talk and would actually be friends with me…There were a couple of people who didn't want to talk to me, but overall, everyone was super-friendly.

    Donner said these interactions changed how he views America and challenged his prior notions about Trump supporters.
    _______________________

    George Soros’ organization has successfully installed anarchist district attorneys in many major cities over the past decade. But the left apparently needed an insurance policy to neuter law-and-order prosecutors who Soros could not beat at the ballot box. The California courts have now offered one.  It will essentially bar any law-and-order prosecutor from working on a case involving groups like Black Lives Matter and Antifa.

    On September 28, California’s Second District Court of Appeals announced that the San Luis Obispo district attorney’s office cannot prosecute seven BLM rioters because of the district attorney’s “well publicized association with critics of the Black Lives Matter Movement.”

    Nearly every judge in Democrat run major cities is tied to and even involved in left-wing activism. Yet a prosecutor is now able to be booted from a case for simply expressing pro-law-and-order views. That would disqualify essentially any non-Soros prosecutor.
     __________________________________________________________________

    The New York Times criticized Virginia’s open carry law the day after a manager allegedly “pulled out a handgun” and shot six people dead in a Walmart, where open carry is banned.

    The NYT failed to note at least two things:

    • Witnesses described the manager pulling the gun from concealment, not open carrying.
    • Walmart banned the open carry of firearms in 2019.

  • 11/30/2022 9:16 PM | Anonymous

    Gazzola v Hochul Lawsuit  by Tom Reynolds

    Another lawsuit against Hochul’s unconstitutional laws - Gazzola v Hochul - has been filed in the U.S. District Court for The Northern District of NY.

    This lawsuit challenges thirty-one (31) inter-connected statutes that contain a multitude of new mandates impacting Federal Firearms Licensees (FFL’s) as both individuals and businesses who are engaged in the lawful commerce in firearms and in gun shows. The thirty-one (31) statutory provisions being challenged originated in four (4) Bills, signed into law between May 30, 2022 and July 1, 2022:

    • Bill S.9407-B – signed May 30, 2022 (eff. June 30, 2022);

    • Bill S.9458 – signed May 30, 2022 (eff. August 30, 2022);

    • Bill S.4970-A – signed June 6, 2022 (eff., generally, June 30, 2022); 

    • Bill 51001 – signed July 1, 2022 (eff., generally, September 1, 2022)

    The lawsuit charges: “express animus against Plaintiffs…seeking to exercise their rights under the Second Amendment…the new laws collectively impair and impede the ability of the Plaintiffs to engage in the lawful commerce of firearms and to host a gun show, and to serve as a conduit for those seeking to exercise their fundamental Second and Fourteenth Amendment rights. The new laws also violate the Fifth Amendment rights of the Plaintiffs, including the right against self-incrimination.”

    Some of the specific issues cited in the lawsuit:

    • The transfer of the federal NICS background check making the NYS Police the “Point of Contact,” and the creation of a new division within the NYS Police to perform background checks, as a forced intermediary between the licensed dealer and the current, federal NICS system

    • The “security plan,” including a “safe,” “vault,” or “secured and locked area on the dealer’s business premises” and the separate storage of ammunition.

    • A “security alarm system,” including installation and maintenance by a third-party vendor, as well as specified placement of cameras with video recording devices with feed storage.

    • The prohibition against entry of persons under eighteen years of age without a parent or legal guardian.

    • Mandatory, semi-annual submission of the Book of Acquisitions and Dispositions (A&D Book) to the Defendant NYS Police.  (This violates federal law.)

    • Access to inventory records “at any time” by “law enforcement agencies.”

    • Authorization to the Superintendent of the NYS Police to “…promulgate such additional rules and regulations as the superintendent shall deem necessary to prevent firearms, rifles, and shotguns from being diverted from the legal stream of commerce.”

    • Restriction against the sale of body vests.

    • Establishing a new, standardized, classroom and live-fire course and test necessary for concealed carry handgun permits.

    • Restriction against the purchase of a semi-automatic rifle without a license.

    • Requirement of an ammunition background check.

    The lawsuit points out that many of the new laws are vague and poorly defined.  (Well, when you rush laws through without input, you tend to make mistakes.)

    Obviously, the purpose of these new laws is to bury the FFL’s in paperwork and then find an error in the paperwork, so the FFL’s license can be revoked.

    Another purpose of the laws is to financially drive FFL’s out of business.  The lawsuit estimates that the “best guess” new costs are estimated to range from $200,000/year to approaching $1 million/year. Plaintiffs are small business owners, ranging from self-employed sole proprietors to small to medium-sized retail shops with less than five employees.  The costs directly burden a law-abiding citizen’s right to acquire a firearm and the necessary ammunition for self-defense.  Many of the new laws will financially burden the Plaintiffs to a point that they will be forced out of business, potentially as early as December 5, 2022, if no immediate relief is had from the Court.  (You can carry a gun in NY State but if you can’t find a store in which to buy it or to buy ammo…)

    The lawsuit highlights the important role that FFL’s play in preventing disqualified / unlicensed people from obtaining a firearm.  It says, “The FFL…play a greater role even than state and local law enforcement relative to commerce in firearms.”  These FFL’s:

    • Are the entities that assure that firearms are sold only to persons who are not “disqualified.”

    • Personally make the preliminary assessment of the customer across the counter.

    • Collect the personal information for the background check on the ATF Form 4473 and check the valid identification document.

    • Says the words “denied” or “delayed,” and is face-to-face with the man or woman who will be leaving the store without the firearm.

    • Has a federally-protected right to decline to complete a sale to an individual, even if the background check comes back “Proceed.”

    Eighteen (18) County Legislatures across the State of New York are passing “Resolutions” in opposition to the complete package of ten Bills pushed through by Defendant Gov. Hochul and targeting, in particular, NY Bill S.51001. These “Resolutions” call out the animus and actions of the Defendants.

    The lawsuit also points out that there are eight (8) other lawsuits against these laws, in progress.

    This lawsuit charges NY State with:

    • DEPRIVATION OF CIVIL RIGHTS

    • PRE-EMPTION BY FEDERAL LAW

    • VOID FOR VAGUENESS DOCTRINE

    • CONSTITUTIONAL-REGULATORY OVERBURDEN

    The Plaintiffs ask for a declaratory judgment that all thirty-one (31) new laws, rules, and regulations shall be struck down and denied of having any legal force or effect; an injunctive relief order restraining Defendants and their officers, agents, servants, employees, and all others from enforcing the laws, rules, and regulations complained of herein.

    Not trusting the Hochul administration, the lawsuit further requests that: “…the appointment of a special referee or magistrate to monitor any actions by the Defendants and other associated offices and agencies…to monitor any claims of future Defendant compliance with their responsibilities…

    The hearing is scheduled for tomorrow (Thursday the 1st of December) before Judge Brenda K. Sannes, the Chief U.S. District Judge.  She was an Obama appointment in 2014.

    The attorney for the plaintiffs is Paloma Capanna.  NYS will have most likely have 3 lawyers challenging Paloma, since money is no object to them.

    U.S. District Court for The Northern District of NY includes the counties of Albany, Broome, Cayuga, Chenango, Clinton, Columbia, Cortland, Delaware, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Jefferson, Lewis, Madison, Montgomery, Oneida, Onondaga, Oswego, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, St. Lawrence, Tioga, Tompkins, Ulster, Warren, and Washington.  It’s decisions only apply to those counties.

  • 11/29/2022 9:19 PM | Anonymous
    • Biden’s Meanderings:  Consistency, thy name is NOT Biden!

      Biden on Fossil Fuels

      Statements by Joe Biden on fossil fuels

      February 2020“We are going to get rid of fossil fuels...we’re going to phase out fossil fuels.”

      March 15, 2020"No more drilling on federal lands. No more drilling including offshore. No ability for the oil industry to continue to drill, period. [It] ends.”

      October 19, 2022“[W]e need to responsibly increase American oil production…let’s debunk some myths here. My administration has not stopped or slowed U.S. oil production; quite the opposite*.

      *Biden seems to have forgotten a few of his Administration’s energy initiatives:

    • ·      Canceling the Keystone XL Pipeline;
    • ·      Halting Lease Sales in Alaska’s ANWR;
    • ·      Placing a Moratorium on Drilling on Federal Lands;
    • ·      Rejoining the Paris Climate Accord;
    • ·      Proposing Energy-Inhibiting Budgets;
    • ·      Canceling Oil and Gas Drilling Leases;
    • ·      Initiating Punitive Government Investigations;
    • ·      Restricting Permian Basin Drilling Using Ozone Rules;
    • ·      Imposing Stricter Methane Emissions Rules.

    Biden on Gas Prices

    October 27, 2022“Today, the most common price of gas in America is $3.39 — down from over $5 when I took office**.”

    **The most common price for a gallon of regular gas on the day he was inaugurated was $2.39.

    Biden on Social Security Increase

    Recently: Biden claimed, "on my watch, for the first time in 10 years, seniors are getting an increase in their Social Security checks." 

    Of all people, the New York Times corrected his disinformation: "That increase was the result of an automatic cost-of-living increase prompted by the most rapid inflation in 40 years. Mr. Biden had not done anything to make retirees’ checks bigger.” 

    Not done anything?”  I beg to differ.  Biden can take some credit since he bears a lot of responsibility for the inflation which drove the increase.   

    Biden on Unemployment

    October 2022: Biden claims that September's unemployment rate was the lowest it has been in 50 years at 3.5%. 

    Actually, it was a tie with three different months during Trump's administration in 2019 and 2020. 

    Biden on the Deficit and Federal Debt

    President Biden said that he has “cut the federal debt in half.”

    The federal debt was $27.7 Trillion when Joe Biden took office in January of 2021. Last month, the federal debt exceeded $31 Trillion.

    Biden seemed to mix up the debt with the annual deficit; the latter was cut in half between fiscal 2021 and fiscal 2022. However, the primary reason the deficit plummeted was that it had skyrocketed to a record high because of emergency pandemic relief spending that was not renewed.  Joe Manchin also deserves some credit for torpedoing $2.2 trillion of Biden’s plans. 

    A Moody’s Analytics director said, “The actions of the administration and Congress have undoubtedly resulted in higher deficits, not smaller ones.”

    Marc Goldwein, senior vice president at the Committee for a Responsible Federal Budget told CNN (Yes, that CNN) Biden has “done lots of things that have increased deficits…” and has “…passed no pieces of legislation to directly reduce deficits.”

    Travels With Xi

    Biden said on at least three different occasions, per the Washington Post, "Folks, I spent a lot of time — more time with Xi Jinping than any other head of state. … I’ve traveled 17,000 miles with him,"

    A White House official conceded that Biden was traveling to meet Xi and not with him.  “This was a reference to the total travel back and forth…for meetings.” 

    Maybe they were Zooming when they were traveling?

    Biden on 2A and Cannons

    The Second Amendment was never absolute," Biden said. "You couldn’t buy a cannon when the Second Amendment was passed. You couldn’t go out and purchase a lot of weapons."

    Since we’re a 2A organization, let’s explore this further.

    In 1747, largely through the efforts of Benjamin Franklin, a plan was undertaken by local colonists to found companies of “horse, foot and artillery.” These companies were purely volunteer organizations and were armed and equipped at their own expense.

    Privateers were privately owned and operated ships that, in the Revolutionary War, captured enemy ships for profit.  Their cannons were private property.  John Hancock owned some of them.

    Until 1903, the Militia Act of 1792 outlined the common militia and how it could be called out.  Military historians can point to hundreds of locally raised private units that existed with artillery.

    In 1934, under the National Firearms Act, artillery pieces were kept fully legal and free to own, without the federal government getting involved

    In 1968, 185 years after the Revolutionary War ended, the Omnibus Crime Control and Safe Streets Act regulated most “destructive devices” with a bore over .50-caliber. This meant that modern artillery were placed under ATF restrictions at that time.

    Covering Biden’s Butt

    The NY Times tried to give Biden some cover: “Mr. Biden, who at 79 is the oldest president in American history, has a long record of gaffes dating back to when he was a young man. But his misstatements have become more pronounced, and more noticed, now that he has the spotlight of the presidency constantly on him."

    In other words, it’s not about his current mental state…he’s always been screwed up.  We’re just more aware of it now, so it’s no big deal. 

    Thomas Paine on Biden?

    And as to you, Sir, treacherous in private friendship and a hypocrite in public life, the world will be puzzled to decide whether you are an apostate or an impostor; whether you have abandoned good principles, or whether you ever had any.

  • 11/23/2022 11:16 AM | Anonymous

    Something to Give Thanks For  by Tom Reynolds

    On Monday, SCOPE wrote that there were various other law suits challenging Hochul’s Concealed Carry Improvement Act (CCIA).  One of them is the lawsuit between Firearms Policy Coalition and the 2nd Amendment Foundation v Nigrelli and Flynn; (the latter representing New York State). On Tuesday, gun owners got a reason to celebrate Thanksgiving.

    The United States District Court Western District of New York ruled that the CCIA’s provision that, “it is a felony for a license holder to possess a firearm on all private property unless the relevant property holders actually permit such possession with a sign or by express consentis unconstitutional.  

    The judge believes the lawsuit against NY State is likely to succeed on its merits under the 2nd and 14th Amendments and granted a preliminary injunction.  He said that CCIA: “It forces individuals to give up their rights to armed self defense outside the home”.

    The judge also denied New York State’s request for a 3 day delay in starting the preliminary injunction to give NYS the time to appeal, so it is immediately in effect.

    District courts are the trial courts of the U.S. federal judiciary.  District courts' decisions only apply to counties in its jurisdiction.  Western District Court appeals are made to the  U.S. Second Circuit Court of Appeals.

    The Western District includes:

    AlleganyCattaraugusChautauquaChemungErieGeneseeLivingstonMonroeNiagaraOntarioOrleansSchuylerSenecaSteubenWayneWyoming, and Yates. Major cities within its jurisdiction include BuffaloRochester, and Elmira.

    The decision will only apply to these counties.

    Undoubtably, NYS under Attorney General Letitia James will appeal.  The  U.S. Second Circuit Court of Appeals is going to be busy hearing CCIA cases!

  • 11/23/2022 11:14 AM | Anonymous

    2023 Looks Better  by Henry Kramer

    Although final returns are not yet in from all districts at this writing, it is clear that the House will flip to Republican control, come the new year.  The margin may be small but there are definite consequences that should be of good cheer to second amendment protectors.

         It becomes unlikely that overbearing federal gun control legislation will make it through House committees or be passed in the next two years. However, in the “lame duck” session in this November and December, anything can happen – and it’s all bad.

        Vigilance is still required and so is voting.  If all registered gun owners in New York State had voted their interests in the midterms, Zeldin would have won the governorship and could have blocked overly strict gun control laws.  There will be another chance, in 2024, to replace second amendment hating legislators with those who believe in protecting constitutionalrights.

    There is even some good news for New York residents. Although the New York legislatures remain firmly in Democrat hands, this election had to be sobering to New York Democrats.  Several House seats flipped from Democrat to Republican and Republicans came closer to winning the governor's race.

    Democrats can blame their House loss on their redistricting overreach which forced a judge to rewrite the districts into something more In line with the NY Constitution. Had Democrats not been so greedy, the judge would probably have accepted a less one-sided redistricting and the Democrats might have kept a few seats, which might have saved the House for them.

    Democrats should be scared.  They may need to think twice before they continue their quest to impose harsh gun control legislation on the people of New York.  But will they think twice? The possibility does exist that they will "double down" on gun control and continue to pass gun legislation that will likely not survive review in the courts and before the U.S. Supreme Court. They know it takes time and money to overturn these unconstitutional laws, through the courts.

  • 11/22/2022 1:51 PM | Anonymous

    Illegal Immigration  by Tom Reynolds

    Illegal immigration should have been a big issue in the recent election. The Congressional Districts along the Mexican border (which should be the most affected) seem to tell a different story.

    Congressional Districts along the Mexican border

    Democrat victories (7):

    • California 25

    • California 52

    • Arizona 7 (Large area)

    • New Mexico 2 (Large area)

    • Texas 16

    • Texas 28

    • Texas 34

    Republican victories (4):

    • California 48

    • Arizona 6 (Tiny Area)

    • Texas 23 (Large Area)

    • Texas 15 (Tiny Area)

    In the only Senate elections,

    Democrats won in:

    • California

    • Arizona

    In the Governors elections

    Democrats won in:

    • California,

    • Arizona

    • New Mexico

    Republicans won in

    • Texas

    We know illegal immigration is out of control. For those of us in New York, we wonder why illegal immigration wasn’t an overriding issue in three of the four “border states”?

    While we think of all four states as “border states”, there’s some interesting statistics that may demonstrate why those states have a different view of the immigration problem.

    The USA / Mexico border is about 1,990 miles long. That’s a lot of mileage to cover with border security, especially when the US President isn’t interested in border security.

    To give you a sense of scale:

    • Texas has the longest border with Mexico, 1,254 miles.

    (It’s about 1,294 miles from Albany NY to Omaha Nebraska.)

    • Arizona is second with 389 miles.

    (It’s about 390 miles from Erie PA to Albany NY along the NY Thruway.)

    • New Mexico is third with 210 miles.

    (It’s about 224 miles from Rochester NY to Albany NY along the NY Thruway.)

    • California is smallest with 137 miles.

    (It’s about 140 miles from Syracuse NY to Albany NY along the NY Thruway.)

    Based purely on the amount of border exposure, it’s not hard to see why illegal immigration is such a big issue in Texas.

    Obviously, there are other issues that affect illegal immigration, but the amount of border mileage gives us a clue as to why three border states seem less interested.

  • 11/21/2022 10:37 AM | Anonymous

    Playing Ping Pong with Gun Owners  by Tom Reynolds

    On August 31st, the GOA-NY lawsuit against NY’s Concealed Carry Improvement Act (CCIA) – Antonyuk v Hochul - was dismissed by U.S. District Court Judge Glenn Suddaby because the plaintiff lacked standing.  Presumably, this was because the plaintiff had not yet violated the law. 

    At that point, the CCIA was still in effect.

    GOA-NY then filed a new lawsuit that cured the lack of standing; several plaintiffs declared under oath their intention to violate the law.

    On October 6th, the same District Court Judge issued a decision on the GOA-NY lawsuit.  He ruled that the CCIA violated the 1st, 2nd, 5th and 14th Amendments and issued a Temporary Restraining Order against several (but not all) parts of CCIA. 

    At that point, major parts of the CCIA were not in effect.

    New York State, under Attorney General Letitia James filed a motion for a temporary pause on the Judge Suddaby’s decision while she appealed that decision.  (Of course she did, since she is working on the taxpayers’ dime.) 

    On November 15th, United States Second Circuit Court of Appeals Judges Robert Sack, Richard Wesley and Joseph Bianco granted an Interim Temporary Injunction while the legal challenge makes its way through the courts.  (This is not a decision on the case, it just lets CCIA stay in effect while the case is being appealed.)

    At this moment,the entire CCIA is in back into effect.

    A three-judge panel of the Second Circuit Court of Appeals should next hear the full case.

    Their decision can then be appealed to be heard by the entire Second Circuit Court sitting in en banc.

    Decisions of the Circuit Courts are binding on all courts in its jurisdiction.

    Actually…the CCIA is not entirely back into effect.

    There have been numerous other law suits filed against CCIA and in a narrower one (Hardaway v. Nigrelli) on November 3rd,  U.S. District Judge John Sinatra, Jr. granted a request to stop enforcement of CCIA’s outlawing of carrying guns in a house of worship.  According to Sinatra’s order, the Temporary Restraining Order “…shall remain in effect pending disposition of case on the merits”.

    There is some confusion as to whether this ruling means anyone can carry or only designated security can carry in a house of worship.  However, the ruling would appear to allow worship centers to set their own rules on who can carry.  Thus, a pastor or rabbi could decide that any and all congregants who possess a concealed carry license can be tasked with keeping the peace during services.

    On November 15th, Letitia James filed an appeal of this Temporary Restraining Order.  This appeal has not yet been heard.

    As of now, the CCIA restriction on houses of worship is not in effect.

    Got it?

    At a time of year when many gun owners are hunting, be careful out there; you may be a felon and don’t know it.  Perhaps, by the time your trial occurs, there will be some decision and you will no longer be a felon.

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