Category: Jurisprudence

‘Red Flag’ law rarely used

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The New York Law Journal reports that the much ballyhooed “Red Flag” gun control law the legislature passed last year, A-2689/S-2451, isn’t being widely applied.

It doesn’t have to be to meet the anti-gunners goals:

Since all three of these were achieved in a sense “Red Flag” has been a big success. As with all other gun control laws, public safety isn’t the goal.

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Tish James joins coalition supporting CA magazine ban

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Attorney General Letitia James signed onto an amicus brief in support of California’s ban on magazines holding over 10 rounds.

I don’t see any mention of this from her office so here is the press release from the Washington, D.C. Attorney General Karl Racine, “AG Racine Leads 18-State Coalition Supporting California’s Ban On Large-Capacity Magazines“:

“… In the amicus brief, the states collectively urge the Ninth Circuit to rehear the case en banc and argue that California’s ban on large-capacity magazines is a reasonable and lawful restriction because:

  • The Second Amendment permits states to enact common-sense gun safety measures: The brief explains that states are entitled to adopt reasonable restrictions on firearms to protect public safety. Restricting access to large-capacity magazines is a reasonable restriction because it reduces firearm injuries and deaths without infringing individuals’ core Second Amendment right to self-defense.
  • States have a responsibility to prevent gun violence and protect public safety: The brief notes that states have primary responsibility for ensuring public safety. This includes a duty to reduce the likelihood that their citizens will fall victim to preventable firearm violence and to minimize fatalities and injuries when such violence occurs. Population density, economic conditions, and the strength of local law enforcement all vary widely across the country, and all may have an impact on crime and effective crime-fighting efforts. The brief notes that deciding how best to protect the safety of state residents is a question better suited to legislatures than courts.
  • Courts have allowed states to regulate large-capacity magazines to protect the public: Every other court of appeals has allowed states leeway to respond to gun violence within their borders by regulating large-capacity magazines.

…”

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Newsbits

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Thursday’s Newsbits:

I was sent a copy of American Druthers. I haven’t looked at it yet, but since the publisher took the time to mail it to me I’ll give him a free plug for it.

Election:

Jurisprudence:

Legislation:

NRA:

Politics:

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Syracuse sues ATF over “ghost guns”

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The New York Times reports that the City of Syracuse is suing the ATF over “ghost guns”:

“Chicago and three other cities on Wednesday sued the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), demanding it correct how it interprets what is a firearm and halt the sale of untraceable “ghost gun” kits increasingly used in crimes. The lawsuit is the first of its kind filed against the ATF, according to lawyers for the cities of Chicago, San Jose, Columbia, South Carolina, and Syracuse, New York. It was filed in the Southern District of New York state … The lawsuit argues the ATF and the Department of Justice “refuse to apply the clear terms of the Gun Control Act” which the suit says defines regulated firearms as not only working weapons “but also their core building blocks – frames for pistols, and receivers for long guns.” …”

According to Mayor Ben Walsh:

“… “Like cities across the nation, Syracuse is suffering from the proliferation of ghost guns. Through the end of July, our City has experienced a 30% increase in recovered ghost guns,” said Mayor Ben Walsh of Syracuse, NY. “In December of last year, a six-year-old boy in Syracuse was seriously injured by gunfire from one of these untraceable weapons. The Syracuse Police Department is working hard to address the threat locally. The ATF is in a position to address the flow of ghost guns upstream. Every day that it doesn’t is another day these guns continue to wash into American cities, leaving local communities less safe.” …”

This isn’t the first time Walsh has advocated for more gun control:

“Lt. Gov. Kathy Hochul was in Syracuse Monday pushing gun safety legislation meant to address school shootings. The bill, which would prevent individuals from buying or possessing guns who are believed to be a severe threat to themselves or others, is still tied up in the state legislature. Hochul was joined by Nottingham High School students and Syracuse Mayor Ben Walsh in support of the bill that would allow a teacher or administrator to petition a judge, when they see warning signs from someone …”

Walsh is up for re-election next year.

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S-8926 targets gun manufacturers

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Last year a Democrat spokesman said they were looking into drafting legislation to allow lawsuits against gun manufacturers to go forward.

This week Senator Zellnor Myrie introduced S-8926 to Rules. The short one sentence bill reads:

Section 1. Section 240.45 of the penal law is amended by adding a new subdivision 3 to read as follows:
3. AS USED IN SUBDIVISION ONE OF THIS SECTION, THE TERMS “CREATE” AND “MAINTAIN” SHALL INCLUDE THE SALE OR MANUFACTURING OF PRODUCTS.

As reported in the Daily News:

“… The bill would amend the state’s criminal nuisance law to include the sale or manufacture of products that endanger peoples’ health or safety, enabling New Yorkers to sue companies or individuals who violate the statute …”

Whether this is enough to get around the PLCAA is unclear.

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Newsbits

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Wednesday’s Newsbits:

Elections:

Jurisprudence:

NRA:

Politics:

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NRA lawsuit against Cuomo dismissed

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From News 10 Albany:

“The lawsuit filed by the National Rifle Association (NRA) against Governor Cuomo has been dismissed. The lawsuit stemmed from challenging the constitutionality of Executive Order 202.8, which required gun shops and ammunition manufacturers to reduce their in-person workforce by 100%. The suit was dismissed in it its entirety.”

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Lawsuit having an effect on NRA

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Fox News reports:

“… According to the NRA’s most recent filings, it has spent less than $1 million in the 2020 election cycle – a fraction of the over $8 million spent at this point in the 2016 campaign …”

That’s the goal of Tish James’ lawsuit.

The problem is the NRA Board her lots of ammunition to use against them.

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Newsbits

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Wednesday’s Newsbits:

Jurisprudence:

NRA:

Politics:

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Sullivan Act survives another challenge

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The 2nd Circuit Court has rejected another challenge to the Sullivan Act brought by local libertarian activists.

Here is the decision.

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