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<![CDATA[Kathy Hochul]]>

Hochul issues executive order expanding “red flag” law, demands gun ban expansion and more

May 18, 2022 by Cam Edwards Leave a Comment

Days after declaring that there would be a gun control response to the shooting at a Buffalo grocery store that left ten people dead, New York Gov. Kathy Hochul has issued an executive order making the state’s “red flag” firearms seizure law “shall issue” for New York State police; declaring that the department “shall insure” that officers are “trained and instructed” to file red flag petitions every time they believe there is probable cause that a person poses a danger to themselves or others.

The order, which takes effect immediately, applies only to the New York State police, but could still dramatically expand the use of the petitions, which allow for legally-owned firearms to be surrendered or confiscated by police once a judge finds that there’s “clear and convincing” evidence that someone presents a threat; either to themselves or someone else. These are not criminal proceedings, by the way. Someone doesn’t have to be charged with a crime in order to be subject to the law, and because these petitions are heard in civil court, the subject of a petition is not entitled to legal representation. If you can afford an attorney you can have one, but if you can’t, you’re on your own. And in the case of “temporary” Extreme Risk Protection Orders, the hearing can take place without the subject of the petition ever being aware that it’s taking place, much less given the opportunity to present evidence in support of their position.

In addition to the expansion of the state’s “red flag” law Hochul is also calling on Democrats in the state legislature to pass a number of other new restrictions on the right to keep and bear arms, including a “microstamping” law that could result in a de facto ban on new semi-automatic handguns.

On Wednesday, Ms. Hochul specifically called for legislation to require the so-called microstamping of semiautomatic pistols that would help law enforcement officers trace cartridge cases found in crime scenes to the gun that discharged them. Legislation requiring microstamping, which California passed in 2007 over opposition and lawsuits from gun manufacturers, has long been discussed in Albany, with bills introduced since at least 2009.

Ms. Hochul, as she had hinted over the weekend, is also seeking legislation to expand the state’s existing ban on some assault weapons to capture firearms that are currently not covered, known as “A.O.W.s,” or any other weapon.

There’s a good reason why California is the only state with a microstamping law on the books; it’s been an utter and complete failure, at least as far as reducing crime goes. Instead, it’s served as a slow-motion gun ban by severely curtailing the makes and models of semi-automatic handguns available for sale in the state. The same will be true if New York approves a microstamping measure, which, by the way, will have absolutely no impact on criminals, most of whom acquire their guns through illegal means to begin with. The microstamping technology is also easily defeated, as the NRA pointed out earlier this year when a similar bill was up for a vote in an Illinois legislative committee.

Microstamping is easily defeated, deliberately or inadvertently, by switching parts, by it becoming worn through normal use and cleaning of the firearm, or by deliberately defacing by grinding, abrading, etc.

Because criminals often use stolen firearms, microstamping might, at best, identify who was the last lawful owner of the firearm. Criminals could also collect cartridge casings from shooting ranges to drop at crime scenes in order to fool investigators, pick up their cartridge casings before leaving the crime scene, or use firearms, such as revolvers, that do not automatically eject them.

As for Hochul’s desire to include all items determined by the ATF to be “any other weapon” in the state’s ban on so-called assault weapons, perhaps she’s unaware of the fact that in order to legally own one, purchasers are already required to jump through several federal regulatory hurdles. Or, more likely, she simply doesn’t care.

There are two ways that you can legally own an AOW. The first and easiest way is to purchase one. The other way is to make one yourself by modifying the weapons you currently own. However, modifying a weapon is fraught with legal pitfalls; unless you are well-versed in firearms law, it’s probably best to purchase an AOW from a legal dealer.

To make a purchase, you need to find a dealer or manufacturer who can legally sell you one, then fill out all the necessary paperwork, which the dealer should be able to provide. You’ll need to fill out specific forms, and you may even need to go through fingerprinting with your local police station or sheriff’s office.

For certain NFT weapons (machine guns, short-barrel shotguns, etc), there is a $200 tax that needs to be paid before the weapon can be transferred. For AOWs, however, there is only a $5 transfer tax.

There are only about three weeks left in this year’s legislative session in Albany, but I wouldn’t be surprised if Hochul calls lawmakers back for a special session if they don’t pass these bills before the regular session expires, especially since none of Hochul’s announcements today dealt with new restrictions on concealed carry. The governor has already indicated she wants further restrictions placed on legal gun owners if the Supreme Court strikes down the state’s “may issue” carry permitting scheme, but that wasn’t a topic of today’s press conference, which means New York gun owners should be bracing themselves for another round of anti-Second Amendment legislation to be introduced in the days ahead.

Filed Under: <![CDATA[any other weapon]]>, <![CDATA[AOW]]>, <![CDATA[Buffalo shooting]]>, <![CDATA[Gun Control]]>, <![CDATA[Kathy Hochul]]>, <![CDATA[microstamping]]>, <![CDATA[New York]]>, <![CDATA[red flag law]]>, <![CDATA[Video]]>, Bearing Arms, News

NY Gov expected to introduce gun control package today

May 18, 2022 by Cam Edwards Leave a Comment

Actually, the announcement from New York Gov. Kathy Hochul was supposed to happen yesterday, but now it’ll be sometime today that the governor unveils a slate of gun control proposals. According to Hochul’s office the legislative package was already in the works before the shooting at a grocery store in Buffalo left ten people dead this past weekend, in part because of the pending Supreme Court decision in New York State Rifle & Pistol Association, but Hochul will now try to tie-in the shooting to her plans to further criminalize the right to keep and bear arms in the state.

In addition to Hochul’s proposals, New York lawmakers are also drawing up plans of their own.

“You just want to close every potential loophole,” said Assemblywoman Amy Paulin of Westchester.

Ms. Paulin is the sponsor of a number of bills she believes would help make New York safer. One would require local law enforcement agencies to promptly contribute information on recovered weapons to a federal Bureau of Alcohol, Tobacco, Firearms and Explosives database, which would allow better tracing. Another would allow New York to do its own background checks, instead of outsourcing the process to the F.B.I.

Other measures would institute new requirements for gun dealers, including better record keeping and increased staff training.

But advocates have questioned whether New York’s existing laws could be better implemented.

Under New York’s so-called red flag law, for example, relatives, school officials and law enforcement can ask a court to remove guns from the home of a person at high risk of harming themselves or others and prevent them from buying new ones — a prohibition that can last as long as a year. But the law was not invoked against the suspect in the Buffalo attack, even after his threat to murder and commit suicide alarmed a school official enough to alert police.

“There was a breakdown here, but it wasn’t a breakdown of the law — it was a breakdown in implementation,” said John Feinblatt, president of Everytown for Gun Safety, a nonprofit that advocates against gun violence. He and others are pushing for more robust training for law enforcement and school administrators to know when to use the extreme risk law.

That seems to be an emerging theme among Democrats and gun control activists; it’s not that New York’s already draconian gun control laws failedto prevent this shooting, exactly. It’s just the laws didn’t work the way they should.

“From all indications, due to the allegations, it appears that it didn’t work,” Erie County District Attorney John J. Flynn Jr. said of the state’s “red flag” law, which was designed to take away weapons from people with a mental illness “which is likely to result in serious harm to himself or others.”

Why did that happen? How did an increasingly radicalized Southern Tier man slip through the cracks of a system that was changed to prevent such a massacre in the wake of shootings in Connecticut and Florida?

Experts say the answer is complicated and involves overlapping institutions in the worlds of law enforcement, mental health, education, politics and the courts – and the fact that they don’t always talk to each other particularly well.

I have no idea why the state’s “red flag” law wasn’t used against the Buffalo shooting suspect, but there were plenty of opportunities. His family, school, and even local law enforcement could have filed a petition, but none of them chose to do so. Was that because everyone was simply unaware of the law, or was it because they felt like the situation had been investigated and resolved?

As for any “fixes” to the red flag law, I have a sneaking suspicion they’re only going to make a bad law even worse. Retired Buffalo police captain Jeffrey Rinaldo seemed to suggest to the Buffalo News that gun stores should be turning away more customers even if they pass background checks.

Rinaldo said there remains a “disconnect” between police agencies, the mental health community and gun retailers, though he said no one part of the system alone shares blame.

“I don’t think it’s fair to point the finger at any one of them and say, ‘They messed this up,’ ” Rinaldo said. “I think, though, you need to figure out some sort of coordination. You’ve got to ensure the gun stores and gun shows get their hands on that kind of information and say, ‘Hey, don’t sell this guy a gun right now.’ “

What kind of information are we talking about? I have no idea what information Rinaldo thinks gun stores should have access to that they don’t already, but in this case, the suspect wasn’t ever arrested or charged with making terroristic threats. He had a mental evaluation and was cleared a day and a half later. There were no prohibiting factors when the suspect legally purchased a firearm, so there would have been no reason to turn him away.

We’ll see if Hochul announces any proposed changes to the state’s red flag laws later today, but one thing is certain; rather than making it easier for New Yorkers to protect themselves from mass murderers, Hochul and her fellow Democrats are going to double down on criminalizing our right to armed self defense.

Filed Under: <![CDATA[Buffalo shooting]]>, <![CDATA[Gun Control]]>, <![CDATA[Gun Owners]]>, <![CDATA[Kathy Hochul]]>, <![CDATA[New York]]>, <![CDATA[red flag law]]>, <![CDATA[Video]]>, Bearing Arms, News

Fire in a Crowded Theater

May 17, 2022 by Susie Moore Leave a Comment

Note: This “Moore to the Point” commentary aired on NewsTalkSTL on Tuesday, May 17th. Audio included below.

In response to the horrific shooting in Buffalo over the weekend, New York Governor Kathy Hochul issued several statements – which is appropriate under the circumstances. However, in those statements, she echoed a famous analogy — frequently invoked by President Biden — that is overused and generally misunderstood.

The claim that “You’re not allowed to scream fire in a crowded theater” gets several things wrong. First, you most certainly are allowed to scream “fire” in a crowded theater if there is, in fact, a fire. The actual quote by Justice Oliver Wendell Holmes in the case of Schenck v. United States was: “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.” (emphasis mine)

Second, that analogy invoked by Justice Holmes in the Schenck case was dictum, meaning it had no binding authority – it was just part of the Justice’s thought process and explanation. In fact, the case had nothing to do with fires or theaters – or even false statements — but was, instead, about a pamphlet opposing the draft.

Third, the Schenck case was overturned by Brandenburg v. Ohio in 1969. (See? The Supreme Court overturning bad decisions is not, in fact, unprecedented – nor unwelcome.)

H/t to Nick Arama for the timely reminder on this issue.

Filed Under: <![CDATA[Brandenburg]]>, <![CDATA[Buffalo]]>, <![CDATA[Fire in a crowded theater]]>, <![CDATA[First Amendment]]>, <![CDATA[free speech]]>, <![CDATA[Kathy Hochul]]>, <![CDATA[Oliver Wendell Holmes]]>, <![CDATA[Schenck]]>, News, Red State

The rage mob comes for a New York gun store

May 17, 2022 by Cam Edwards Leave a Comment

So far, there’s no indication that the suspect in the Buffalo shooting was prohibited from purchasing a firearm, but that’s not stopping a flood of outrage from being directed at the small gun shop in upstate New York where the 18-year old bought a Bushmaster rifle.

Robert Donald, the owner of Vintage Firearms in Endicott, New York, told the New York Post that he doesn’t recall details of the transaction, but that if any red flags had popped up, either in a background check or his interactions with the suspect, he wouldn’t have proceeded with the sale.

“He didn’t stand out,” he said of the teen. “Because if he did, I would’ve never sold him the gun.

“I don’t understand why an 18-year-old would even do this,” Donald said. “I know I didn’t do anything wrong, but I feel terrible about it.”

The rage mob doesn’t care about Donald’s feelings. Or rather, no matter how terrible he may feel, they want him feel even worse.

The Vintage Firearms Facebook page is now filled with comments from people accusing Donald of being complicit in the Buffalo massacre because he sold the firearm Gendron used.

“You sell assault weapons to teenagers. You sell weapons to violent White supremacists. You enabled this,” one commenter said.

“You trade in death. I hope it haunts you for the rest of your life,” another said.

… A sign in front of his shop said Vintage Firearms would be closed until May 22, but it didn’t indicate if that was a planned closure or if it was prompted by Saturday’s shooting.

Again, there’s no indication whatsoever that Donald did anything illegal or even inappropriate with the gun sale, but logic isn’t exactly the rage mob’s strong suit. If New York wanted to try to ban gun sales to under-21s, for example, Democrats could have easily included that in the 2013 SAFE Act, which did impose a ban on various features of modern sporting rifles while imposing registration requirements on all gun owners.

And we may very well see New York Democrats try to impose such a ban now, though whether or not any age restriction will be upheld by the courts in New York is another story. New York Gov. Kathy Hochul will be unveiling several new gun control proposals today, and while the original impetus for the legislation is the Supreme Court’s pending decision in New York State Rifle & Pistol Association v. Bruen, Hochul is almost certain to announce a bill or two that’s designed as a response to the shooting in Buffalo as well.

Hochul had scheduled the gun control announcement before the Buffalo shooting. The governor, speaking at a briefing over the weekend in Buffalo, said Saturday’s incident makes it more important than ever to close loopholes in New York’s laws.

“We are doing everything we can to ensure that our laws are tight, they’re ironclad, to ensure that our law enforcement have the resources they need,” Hochul said.

Hochul told reporters that she wants to expand the state’s existing ban on some assault weapons to include what are called AOWs, or any other weapon. She said some of these guns are functionally assault weapons.

… Hochul said Tuesday’s announcement will also include changes that could be made to New York’s laws to address an expected ruling by the U.S. Supreme Court that could strike down New York’s restrictions on carrying a concealed weapon.

While New York gun owners and Second Amendment advocates brace for another attack on their right to keep and bear arms, the owner of Vintage Firearms also has to be concerned with a gun control law that’s already on the books in the state. Shortly before resigning in disgrace, Gov. Andrew Cuomo signed legislation empowering citizens and the state’s Attorney General to sue gun makers and gun sellers when a firearm is used in a crime. This attempt to hold the firearms industry financially responsible for the actions of criminals by using the state’s public nuisance law as an end run around the federal Protection of Lawful Commerce in Arms Act will almost certainly be directed not only at the company that made the Bushmaster rifle sold to the suspect (Remington sold the brand as part of its bankruptcy proceedings in September of 2020), but to the store that made the sale as well. Whether or not the law is upheld after its first legal test remains to be seen, but if the rage mob doesn’t put Donald out of business, my guess is New York Attorney General Letitia James and a posse of gun control groups will try to finish the job in court.

Filed Under: <![CDATA[Buffalo shooting]]>, <![CDATA[Gun Ban]]>, <![CDATA[Gun Control]]>, <![CDATA[Kathy Hochul]]>, <![CDATA[Letitia James]]>, <![CDATA[Protection of Lawful Commerce in Arms Act]]>, <![CDATA[red flag law]]>, <![CDATA[SAFE ACT]]>, <![CDATA[Video]]>, <![CDATA[Vintage Firearms]]>, Bearing Arms, News

New York politicians promise still more gun control

May 16, 2022 by Tom Knighton Leave a Comment

The first rule of dealing with any form of terrorism is to not give the terrorist what they want. You don’t want to encourage more such attacks. If people think terrorism works, more people will carry out terrorist attacks in an effort to push for the change they want to see.

It seems the Buffalo shooter wanted, at least in part, to spark calls for additional gun control.

New York politicians seem happy to oblige.

Let’s start with the mayor of Buffalo:

Buffalo Mayor Byron Brown (I) said on Sunday that he wants to see more “sensible gun control” following the mass shooting at a supermarket in his city on Saturday that left ten people dead and three others injured.

During an appearance on NBC’s “Meet The Press,” moderator Chuck Todd asked Brown how Congress should respond, noting lawmakers haven’t listened to mayors’ complaints on the issue in the past.

“Well, I would like to see sensible gun control. I would like to see ending hate speech on the internet, on social media. It is not free speech. It is not the American way,” Brown told Todd.

It seems Brown doesn’t really value anyone’s rights, but we’re going to focus on “sensible gun control” for a moment.

Brown apparently didn’t get into specifics on the issue, but it should be noted that New York has stringent controls on who can carry a firearm lawfully and an assault weapon ban in place, neither of which really seemed to make much of a difference.

But Brown was far from alone in his desire to see new gun control laws passed. New York Gov. Kathy Hochul also called for new infringements on our Second Amendment rights.

Gov. Kathy Hochul promised to advance new gun control legislation following Saturday’s mass shooting at the Tops Market on Jefferson Avenue in Buffalo.

An 18-year-old white male allegedly killed 10 people and injured three others at the grocery store located on the city’s predominately Black East Side in an attack that authorities say was a hate crime.

Hochul arrived in Buffalo and addressed the media several hours later and shared some information about the gunman’s weapon. She said the firearm was legally purchased but modified with illegal magazines.

“We’re going to find out where they came from, but they’re actually for sale legally in the state of Pennsylvania. So it’s not that hard to make that modification,” she said.

Do you mean New York’s assault weapon ban didn’t actually work as advertised? Shocking.

And, for the record, slapping a different magazine in a weapon isn’t “modifying” a damn thing. Those magazines are actually the standard for that weapon–a weapon that’s already heavily restricted in New York state. Clearly, that accomplished nothing, so now Hochul wants to do more of what failed.

What’s that term for doing the same thing over and over again while expecting a different result?

Oh yeah, that.

Anyway, it seems likely that we’re going to see new gun control laws introduced. We’ll have the debate on them and I suspect that any opposition to them will, of course, be labeled racist.

I can’t help but believe that kind of thing is what got us here in the first place, but that’s not going to change anything.

Yet by giving the alleged shooter what he wants, both Brown and Hochul are setting the stage for future attacks, even if they don’t know it.

Filed Under: <![CDATA[Buffalo shooting]]>, <![CDATA[Byron Brown]]>, <![CDATA[Gun Control]]>, <![CDATA[Guns]]>, <![CDATA[Kathy Hochul]]>, <![CDATA[Video]]>, Bearing Arms, News

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