A-544B/S-1985A, Requires police officers to take temporary custody of firearms when responding to reports of family violence, has been sent to the Governor for signing.
Category: State Legislation
SCOTUS accepts Wolford v. Lopez
The Supreme Court has accepted the case of Wolford v. Lopez, asking whether Hawaii may presumptively prohibit the carry of handguns by licensed concealed carry permit holders on private property open to the public unless the property owner affirmatively gives express permission to the handgun carrier.
This is essentially the same as part of Hochul’s gun control law. Should the plaintiffs win this case, the New York would not automatically go away. It would have to be re-litigated citing Wolford.
Newbits
Saturday’s Newsbits:
Elections:
Jurisprudence:
- Second Circuit upholds New York’s firearm bans in Times Square and public spaces
- NY must reimburse over $800K for Horseheads church fighting concealed carry gun law: Court
- Second Circuit Upholds New York’s Landmark Gun Industry Accountability Law
- Firearm Shop Meets Skeptical 2nd Cir. in AIG ‘Ghost Gun’ Dispute
- Learning from Second Amendment litigation
Legislation:
- Buffalo’s congressman calls for gun control after Charlie Kirk killing
- Gun Control is Suicide Prevention
Politics:
- Riverhead gun shop owner raffles off semiautomatic weapon for school volleyball team; district officials won’t accept funds
- Sleepy Hollow High Students Join National Walkout To Protest Gun Violence
- Riverhead gun shop cancels rifle raffle for volleyball team after state gaming panel ruled it ‘unlawful’
Prelude of things to come
Assemblywoman Amy Paulin is one of the biggest supporters of gun control in Albany and she has an op-ed in the Yonkers Times, “Gun Control is Suicide Prevention.”
It’s premise is just recycled antigun talking points so there is no substance there. What I believe is important is that she mentions a couple of bills she is sponsoring. I have found that when electeds do these guest op-eds it is often a sign that they intend to push those bills when the legislature returns to regular session.
The bills in question are A-198A, Relates to establishing a voluntary waiver of the right to purchase firearms, rifles or shotguns, and A-1210A, Establishes a waiting period before a firearm, shotgun or rifle may be delivered to a person. The former is just stupid, the later is more serious as similar proposals have bee floated in the State Senate. Set up alerts to watch both of them. The state legislature returns to session the 2nd week in January.
Back and forth between Lawler and Davidson
Rockland Co. Legislator Beth Davidson, and wannabe ’26 CD-17 Democrat nominee, took a shot at incumbent Congressman Mike Lawler over the inclusion of the elimination of the $200 NFA tax on suppressors and SBRs in the One Big Beautiful Bill.
There’s no reason to fisk her op-ed. She just regurgitates the same antigun hysterics they have been spewing for decades.
I was a little surprised that Lawler returned fire with his own op-ed.
The good:
“… Let’s start with her central attack: the legislation I supported to remove the $200 tax on suppressors, short-barreled rifles and shotguns. Davidson calls these “silencers” and claims they make it impossible to hear gunfire. Wrong on both counts. They are suppressors, and just like a car muffler, they reduce sound but do not eliminate it. They protect hearing, make hunting and sport shooting safer and less disruptive and are rarely used in crimes. That’s why many European countries encourage their use, and why even municipalities in New York hire sharpshooters with suppressors to manage deer overpopulation. And here’s what Davidson left out: suppressors remain tightly regulated under the National Firearms Act. Purchasing one still requires two separate FBI background checks, ATF registration, fingerprinting, photographs and notification to local law enforcement. No law-abiding New Yorker is suddenly walking out of a gun shop with a “silencer” like in a Hollywood movie. The only thing this change did was stop penalizing responsible citizens with a $200 tax. Suggesting otherwise is either ignorance or dishonesty …”
“… New York’s problem isn’t a lack of gun control laws. We already have some of the strictest in the nation. The problem is that Democrats refuse to enforce the laws on the books … Just weeks ago, a criminal ignored Times Square’s “gun-free zone” and opened fire, injuring three people …”
“… Democrats like her push unconstitutional bans that even the Supreme Court has made clear cannot stand after D.C. v. Heller. If an assault weapons ban were constitutional and effective, why didn’t Democrats pass it when they controlled the House, Senate and White House in 2009–2010 and again in 2021–2022? They know it won’t withstand scrutiny, and they know it won’t stop crime. But it makes for a good talking point …”
The bad:
“… In Albany, I supported harsh measures to crack down on ghost guns, disguised guns that look like toys, and unlawful gun purchases by fugitives. I backed laws expanding Extreme Risk Protection Orders, requiring background checks for semiautomatic rifles, and cracking down on body armor sales. And helped shepherd Alyssa’s Law to ensure the use of panic alarms in our public schools. In Congress, I led the bipartisan renewal of the Undetectable Firearms Act, working with Senator Schumer to keep guns undetectable by metal detectors illegal. I introduced a tax credit to promote safe storage and cosponsored background check legislation while making clear that 90% of criminals obtain their firearms illegally—by theft, on the street, or from friends and family—not through gun shows or private sales …”
Lawler should have shut up about this last part. There was no reason to include it.
His record on 2A is a mixed-bag. The most offensive thing is support “red flag.” I’d probably rate him a C on our issues. That is still better than his competition.
Microstamping law delay in New York
Trump takes aim at NY gun laws
President Trump’s “Big, Beautiful Bill” dropped the tax on suppressors and short-barrelled rifles to $0 which is nice, but did not do much for New Yorkers.
Now we are getting some action. The DOJ has filed an amicus brief in support of the plaintiff in the 9th Circuit case Wolford v. Lopez.
USA Today explains:
“… Five Democrat-led, mostly densely populous states passed laws that prohibit bringing a handgun onto someone else’s property without that person’s express consent. Now the Trump administration wants the Supreme Court to declare that such rules in Hawaii, California, New York, Maryland and New Jersey violate the Constitution. “The United States has a substantial interest in the preservation of the right to keep and bear arms and in the proper interpretation of the Second Amendment,” Solicitor General John Sauer wrote in explaining why the Department of Justice wants the high court to weigh in …”
This seems to follow along with Trump’s 80/20 strategy of going after issues that broad support with little opposition. This part of Governor Hochul’s signature gun control law has gotten very little press coverage can would likely disappear with little fanfair.
Hochul Codifies NYS Office of Gun Violence Prevention
Newsbits
Thursday’s Newsbits:
Elections:
Jurisprudence:
- Kavanaugh Hints Supreme Court on Track to Strike Down AR-15 Bans
- 17 Years Ago, She Lost Her Gun Rights for Passing a Bad Check. She Wants SCOTUS To Rectify That Injustice.
Legislation:
- New York State Budget Includes $1 Million for Rockefeller Institute’s Regional Gun Violence Research Consortium
- Senate Deputy Leader Gianaris Passes Legislation Creating A Ten-Day Waiting Period To Purchase A Firearm
Politics:
Bills which passed this session
The state legislature is finally in recess a couple days late.
Here is a link to the gun bills which passed this session.