Redefining what a “serious offense” is

An associate of mine offered the following commentary on bill A-9505B/S-7505B:

“… one of the Budget Bills as an Article VII policy bill redefined what a “serious offense” is. I am not sure that this was a valid Article VII bill as the amendments are necessary to effect the budget. Be that as it may, having a serious offense prior is a bar to getting a handgun possession license and hence acts to prevent one from legally having a handgun. Being convicted of a felony or a serious offense also bars one from possessing a rifle, shotgun, antique firearm, black powder rifle, black powder shotgun, or any muzzle-loading firearm. See NY Penal Law 265.01(4). The modern long gun provision has been in effect since 1974 and the muzzle loading provision in effect since 2012 – pre SAFE. Besides being retroactive aka effecting current owners, the legislation requires the NY State Police to come up with a list of serious offenses that meets the statutory definition. Prior case law was very narrow on what a “serious offense” was to avoid a slew of legal issues. In any event, Cuomo is going to create the test case on this – something that the NY Court of Appeals studiously avoided in People v. Hughes, 22 NY3d 44 (2013). Cuomo claims that the NRA will sue on this. They are so incompetent that they will not. SAF and the ACLU will likely sue on multiple grounds – one of which is void for vagueness – and win …”

Interesting to see if this comes to pass.

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Payouts in the state budget

Following up to my previous post on the NYC budget payouts to gun control advocates, are gun-related line items in the state budget bill, A-9503C/S-7503C, Aid to Localities Budget.

From the Division of Criminal Justice Services, “For services and expenses”:

New Yorkers Against Gun Violence Inc.“, $70,000.

They did throw a bone to some gun clubs.

From the General Fund, Community Projects Fund, “For services and expenses or for contracts with municipalities and/or private not-for-profit agencies”:

Colonial Rifle & Pistol Club, Inc., $5000.
Mill River Rod & Gun Club, Inc., $1100.

Not done yet

The legislative session is not necessarily over as the Times Union reports:

“… The state Senate adjourned at 3 p.m. on Thursday. The Assembly, roughly 12 hours later. When they return to Albany – if at all – remains to be seen … The Senate intends to continue legislating this year, Majority Leader Andrea Stewart-Cousins told reporters at the Capitol last week, though the timeline is uncertain … The Senate majority in January identified nine main priorities for the 2020 legislative session, including “improving college affordability,” “combating opioid misuse,” increasing “gun safety” and “protecting children by advancing day care safety.” …”

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On the Issues with Mimi Rocah

Budget agreement

The Governor and legislature agreed to some gun control as part of state budget negotiations:

Closing the Out-of-State Gun Loophole: The FY 2021 Enacted Budget includes legislation to prohibit individuals from obtaining a gun license who commit serious offenses out-of-state that would disqualify them from obtaining a gun license if committed in New York. This will provide greater consistency in New York’s licensing scheme and ensure individuals who are prohibited from purchasing a firearm are not able to do so. The Enacted Budget also includes legislation to require all state and local law enforcement agencies in the state to opt in to the ATF’s crime gun trace data sharing program and submit crime guns recovered through the ATF’s eTrace system. Additionally, the Enacted Budget includes legislation to amend the Mental Hygiene Law to allow New York to share reports of individuals who are a danger to themselves or others with other states.

Removing Guns from Domestic Abusers: The FY 2021 Enacted Budget authorize law enforcement to remove guns from the scene of a domestic violence incident.  It would also establish a domestic violence misdemeanor to ensure abusers lose access to firearms immediately upon conviction. Further, it would authorize law enforcement officers to seize weapons from the home of an individual who becomes subject to a protective order arising out of a domestic dispute.

This crap is buried in A-9505B/S-7505B.

The Daily News has remarks from the sponsor:

“Domestic violence incidents are emotionally charged and highly volatile,” said Assemblymember Nily Rozic (D-Queens) …“Having a gun in the household amplifies the risk of a domestic violence incident turning deadly.”

I do not believe this is all the gun control the legislature will take up this year. It depends upon whether they continue the session until June or end early because of coronavirus.

NRA sues New York over COVID-19 gun store closures

The NRA has filed a lawsuit against the state over Gov. Cuomo’s closure of “non-essential” businesses:

… “There isn’t a single person who has ever used a gun for self-defense who would consider it nonessential,” said Wayne LaPierre, NRA CEO & Executive Vice President. “This is clearly another assault by Gov. Cuomo on the NRA, on the rights of New Yorkers to defend themselves and their families, and on our Second Amendment freedoms. The NRA will continue to fight all such attacks until Gov. Cuomo recognizes that constitutional rights are for every New Yorker and every American – and not just for politicians and their privileged friends.” …

Attorney General Letitia James issued a response:

… “Everyone — including the NRA — must follow the law and all executive orders of New York. We will aggressively defend the state against yet another legal assault by the NRA.” …

Dark Storm Industries files lawsuit against Cuomo

Dark Storm Industries has filed a lawsuit against Gov. Cuomo over the shutdown of “non-essential” businesses.

Here is a link to their complaint (PDF).

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