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.
The Chenango County Democratic Committee announced their endorsement for AD-122:
“… Rick Shaw of Downsville was endorsed in the NYS 122nd NYS Assembly district race. “A common man with common sense,” he was born and raised in Delaware County, was a Health and Safety Coordinator for DCMO BOCES for 25 years, and still works as a consultant since his retirement. Rick supports common sense revisions the NYS SAFE Act and Bail Reform Act, supporting mental illness treatment initiatives, supporting agricultural business initiatives, repairing deteriorating infrastructure and reducing taxes …”
What exactly those “common sense revisions” he supports are is a mystery, but I would guess it involves sucking up to the Fudds. On his campaign website he has this:
“… An avid outdoorsman, Rick enjoys spending time on his property that has been in his family for 4 generations. Making sure property owners’ rights are preserved, Rick will fight for hunters’ rights …”
The Daily Messenger has some information on the candidates running in AD-131:
“… Another controversial issue — gun laws — sets the candidates apart. The SAFE Act, passed in 2013 in the wake of the school shooting in Newtown, Connecticut, prevents criminals and the dangerously mentally ill from buying guns, cracks down on illegal guns and bans the most dangerous assault weapons. Additional gun-control measures were passed last year that ban bump stocks, allow people to seek a court order to ban dangerous people from having guns, and bar school districts from letting teachers be armed. [Republican Jeff Gallahan] thinks the gun laws go too far and threaten law-abiding citizens. [Democrat Matt Miller], who gained experience with firearms in the military, sees gun reform measures addressing public safety and not infringing on Second Amendment rights. In stressing their key issues and strengths, Gallahan says he will fight to end bail reform, support the Second Amendment, and use his leadership and business skills to advocate for the district …”
FWIW, NRA endorsed Gallahn and he has the support of the local SCOPE chapter as well.
The district has a roughly 35K to 28K Republican enrollment advantage.
Senator Zellnor Myrie’s bill targeting gun dealers and manufactures S-8926A has been amended and resubmitted to Rules.
The new language is a total rewrite of the original bill. It targets firearms specifically.
No Assembly companion (yet).
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.
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.
A-8078C, Permits 4-H certified shooting sports instructors to supervise and instruct persons under sixteen years of age at shooting ranges, and A-8666A, Relates to authorizing hunting big game by rifle in the County of Tompkins, have been signed into law by the Governor.
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.