All about guns, legislation and politics in New York
With little warning, the Albany Common Council pushed a mandatory gun storage law through yesterday.
One of its proponents is being smug about it too:
A common sense law. #Albany https://t.co/ccOyXimZW6
— Leah Golby (@leahgolby) September 2, 2015
A few weeks back I pointed out that shootings are up in Rochester under the SAFE Act.
Democrat candidate for Monroe County Executive Sandra Frankel thinks more gun control is needed:
“The Democratic candidate for Monroe County executive on Tuesday released a plan to address violence, including proposals to set up an ongoing gun buyback program and a joint task force with the city … Other proposals in Frankel’s plan include … Requiring gun locks with all firearms sold, transferred or manufactured within the county. Gun dealers already must include a locking device with all firearms sales, but Frankel said she wants to encourage similar precautions with private transfers …”
It’s good she chose to bring the issue up now. It gives me plenty of time to make up postcards against her for the general election.
Gun case out of Nassau Co, “Due Process Hearing Ordered on Retention of Firearms“:
“A federal judge has ruled that the Nassau County Sheriff’s Department violated the rights of a woman who was the subject of an order of protection by retaining her firearms without a due process hearing. Eastern District Judge Joan Azrack, writing in Panzella v. County of Nassau, 13-cv-5640, ordered the county on Wednesday to hold a hearing by Sept. 25 on returning plaintiff Christine Panzella’s two shotguns and two rifles, which the sheriff’s department had seized in 2012 after her ex-husband filed an order of protection against her … After Panzella’s ex-husband withdrew his petition to extend the order of protection in March 2013, Panzella requested several times to have her firearms returned. But the sheriff’s department refused to do so unless it received a court order directing their return … By insisting on a court order, the judge wrote, the defendants effectively required Panzella to file an Article 78 state law petition for the return of her firearms. Panzella sued Nassau County, Sheriff Michael Sposato, his department and five deputies, alleging violations of her Second and Fourteenth amendment rights as well as state law claims for conversion and replevin … The judge granted Panzella’s motion for summary judgment on the due process claim, writing that the defendants provided no basis for retaining Panzella’s firearms … As to Panzella’s Second Amendment claims, the defendants argued that they should be dismissed because the right to bear arms is not a right to “hold some particular gun” … “
The way it was explained to me, the case has some positive points for requiring due process and that the 2A claim should not have been made for cases such as this.