All about guns, legislation and politics in New York
Sunday’s Newsbits:
Jurisprudence:
Politics:
A coalition consisting of FPC, SAF, and the NRA have filed a lawsuit challenging the gun control provisions enacted in this year’s state budget bill A-10005C/S-9005C:
“… The Second Amendment Foundation (SAF) and its partners have filed a lawsuit in U.S. District Court for the Western District of New York challenging New York law that bars the sale and transfer of Glock and Glock-style handguns. The updated law states that “…any dealer in firearms or gunsmith who…sells, transfers, disposes of, or transports or ships as merchandise a convertible pistol shall be guilty of a class D felony.” The law further states that the Superintendent of the New York State Police is required to produce an annual list of machinegun convertible pistols. Anyone found in violation of the law on or after May 31, 2027, is subject to punishment of up to seven years in prison and a fine of $5,000 or more …”
The case is The Firing Pin v. James.
It will takes years to work it’s way through the courts. I suspect SCOTUS will rule in our favor in next term’s AWB case and that decision will ultimately be helpful with this suit.
Saturday’s Newsbits:
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An interesting lawsuit was pointed out to me.
The Times Union reports:
“Officials in a tiny North Country school district are seeking to file a claim against the parents of a 15-year-old boy who killed himself in October 2023 after being accused of sexual misconduct and suspended. The boy’s father, Chad Poirier, filed a federal lawsuit last year against the Chazy Central Rural School District as well as current and former officials … The teen, Owen Poirier, became so distraught he fatally shot himself hours after being made aware of — and denying — the allegation against him, the lawsuit states. The school district has denied the lawsuit’s allegations. Its proposed third-party claim, filed against Chad and Tammy Poirier and their businesses in U.S. District Court in Albany, argues that the parents were negligent in failing to prevent the teen from obtaining the firearm and ammunition he used to take his own life — a weapon the district’s claim says was stored in a safe at the parents’ complex of businesses in Plattsburgh. The claim argues that, if the district’s defendants are found liable in the teen’s death, the parents should be held responsible for a proportionate role in their son’s suicide. A federal magistrate judge gave the district permission to seek to file the proposed claim, though he has not yet decided whether the claim itself can proceed …”
That’s outrageous. The judge should throw that garbage out.
Sunday’s Newsbits:
Jurispriudence:
Politics:
The Town of Bergan passed a local law prohibiting firearms in certain recreation areas.
“A local law Bergen Town Board members adopted this week includes establishing rules for Robins Brook Park, Drew’s Nature Center and the West Shore Recreation Area. Among the prohibited activities in these areas is people having weapons with them, either visible or concealed. The weapons would include firearms …”
No indication this is a problem.
“… The board passed the local law Tuesday after some discussion on the regulation prohibiting weapons. Board member Mark Swanson shared his concern about gun owners possibly bringing lawsuits. Swanson noted some local and state laws have been getting struck down because of the Supreme Court’s ruling on this …”
He’s right.
“… Swanson said his understanding, from what he was reading, was that the law applies to urban parks. Board member Karen Ely asked Swanson where he found that and he said he found it in many sources on the internet and through artificial intelligence. “I was directed to the federal wording by the FBI arms instructor,” she said …”
That is completely unserious.
“… [Town Supervisor Ernie Haywood] said he verified that through the attorney for the New York Association of Towns and that he also checked with the town’s attorney. Ely and Haywood both said they didn’t see the word “urban” mentioned …”
Because it isn’t there.
“… The town supervisor asked Swanson if he wanted to table adopting the local law until the next meeting, saying the board didn’t have to approve it Tuesday. Swanson said no. He said his question was if a gun owner decided the town was infringing on his or her right to carry, the town might leave itself open to a lawsuit. Haywood said he’s not an attorney, but he felt someone may file a lawsuit, but an attorney would tell him or her that he or she doesn’t have a claim because it is against state law. We may be the first, but it has to go to New York State and then go to the Supreme Court, I guess. I don’t know,” he said. Swanson said he felt the laws are contrary to the Constitution, mentioning the case of New York State Rifle & Pistol Association Inc. v. Bruen …”
Why would you implement a rule/law which you believe is unconstitutional thereby opening yourself up to legal action?
More evidence as to why 2A activists need to participate in elections at all levels.
Biden-appointed federal Judge Sanket Bulsara has ruled in the case of Wysocki v. Nassau Co. that Nassau County committed a “plain violation of the Second Amendment” when it disarmed the plaintiffs in response to their “daughter’s mental-health emergency” and refused to return the firearms and licenses despite evidence that the “threat long ago dissipated (if it ever existed at all).”
Tuesday’s Newsbits:
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Sunday’s Newsbits:
Legislation:
Moonbattery:
NRA:
Friday’s Newsbits:
Elections:
Jurisprudence:
Legislation:
Politics: