Good news from the courts

Some good news from the courts on gun rights.

5th Circuit Judge Cory Wilson determined a law banning people under domestic violence restraining orders from owning firearms was unconstitutional and a federal judge in Oklahoma ruled that a federal law prohibiting people who use marijuana from owning firearms is likewise unconstitutional.  This are important as the rulings put 2A on par with other specifically enumerated rights which cannot denied without due process.

Bonus: New York Supreme Court ruled the state’s “red flag” law as unconstitutional in a specific case.


Hochul’s budget has some gun control changes

Gov. Hochul proposes some CCIA changes in her budget including excluding the Adirondacks and Catskills from being “sensitive locations”, exempting individuals responsible for security at a place of worship from the place of worship sensitive location prohibition, expanding the exemption of hunting and hunting adjacent activity from the sensitive and restricted location prohibitions, and modifies the sensitive location categorization so that establishments that have an active liquor license are sensitive locations, but not locations that were previously issued a liquor license but no longer have an active liquor license.

Next week’s legislative agenda

Gun bills are being introduced/reintroduced slower than in previous years. I think lead hunting ammo (directly) and lead at ranges (indirectly) will be targeted this session.

Next week’s legislative agenda:

  • S-1212, Establishes environmental standards for ambient lead and lead contamination, advanced to 2nd Reading.  No companion.
  • Joint public hearing for Assembly and Senate Codes, Corrections and Judiciary committees Monday January 30 @ 10:00am. Will livestream.
  • Assembly Consumer Protection meeting agenda for Tuesday January 31 @ 1:00pm:
    • A-2209, Makes clarifying changes to the definition of imitation weapon. Companion S-816 passed the Senate.

Lead standards bill on Senate committee agenda

Senate EnCon agenda for 1/24 @ 11:30am:

  • S-1212, Establishes environmental standards for ambient lead and lead contamination.

Gun-wielding Applebee’s Customer Helps Arrest Man Who Slashed Worker

An armed citizen comes to the rescue:

“An armed Applebee’s customer in upstate New York stopped a man who allegedly sliced an employee’s face with a steak knife, according to police. New Hartford police were alerted to reports of a fight involving a knife and a handgun at an Applebee’s on Commercial Drive, at about 6:42 p.m. on Saturday, January 14. When officers arrived, they learned Esteban F. Padron, 28, from nearby Utica, had entered the restaurant before being asked to leave due to a previous incident where he had allegedly acted disorderly. Applebee’s staff then asked Padron to leave and attempted to escort him out of the restaurant. A New Hartford Police Department (NHPD) Facebook post shared on Sunday, January 15, read: “While escorting Padron out, he began attacking an Applebee’s staff member. Padron was able to run back behind the bar, ultimately grabbing a steak knife and continued fighting with multiple staff members. “While staff was attempting to gain control of the situation, one staff member suffered a laceration to his face from Padron swinging the knife at him. A second Applebee’s staff member involved also sustained a non-life-threatening injury.” Police said an Applebee’s customer who was carrying a legally-owned handgun saw Padron had a knife and had attempted to harm people. The New Hartford police spokesperson added: “This citizen intervened by drawing his handgun and giving Padron commands to stay on the ground and let go of the knife. Padron discarded the knife and stayed on the ground until New Hartford Police Officers arrived on the scene and took Padron into custody.” …”

This raises an important question: Was the restaurant posted as specifically allowing patrons to carry guns? Otherwise the armed citizen is in violation of Gov. Hochul’s so-called Concealed Carry Improvement Act.

S-929 is dead

S-929, Relates to limiting ammunition for assault weapons to two times the capacity of an authorized weapon over a one hundred twenty day period, has had the enacting clause stricken. The bill is dead.

Buffalo and Rochester suing gun makers

Buffalo Mayor Byron Brown and Rochester Mayor Malik Evans announced today that they will be suing gun manufactures under the new law the state legislature passed this session A-6762B/S-7196 allowing such suits to proceed based upon a public nuisance provision.

They may ultimately get tossed out based upon either the PLCAA or maybe Bruen, but not before running up large legal bills the industry will ultimately pass along to consumers.


Tuesday’s Newsbits:





Lead standards bill vetoed

A-5541B/S-8050A, Establishes environmental standards for ambient lead and lead contamination, has been Vetoed by the Governor.

I could see this being used in a way to target shooting ranges.  The relevant clause:

“The Departments of Environmental Conservation and Health shall propose new standards, and update any existing standards as appropriate, for dust lead hazards, soil-lead hazards and ambient air quality standards for the level of lead in various media that will result in blood lead levels that are no higher than a target that is fully protective of human health and which at a minimum include consideration of recommendations from the Centers for Disease Control.”


Wednesday’s Newsbits: