S-4849, stun gun regulation

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A couple weeks ago a judge ruled that the state’s ban on stun guns was unconstitutional.  I wrote:

“It’s a safe bet that new restrictive legislation will be introduced in Albany shortly.”

Brad Hoylman promptly introduced S-4849 to Senate Codes.

According to the justification statement:

“… This bill would regulate the sale, possession, and use of electronic stun guns and electronic dart guns in a similar manner to New York’s current laws regulating the use of personal defense sprays. The bill would limit the possession of these weapons to possession for personal protection or the protection of property, and limit the permissible use of such weapons to self-defense … It is imperative in light of the recent court decision that New York act to impose sensible restrictions on the use of these potentially deadly weapons in order to protect our residents from harm …”

There is no Assembly companion bill (yet).

The legislature is going to do the exact same thing if/when a gun law is struck down by the courts.  They might even cut-n-paste the justification from this bill.

Newsbits

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Monday’s Newsbits:

Assemblyman David DiPietro will be holding a forum on Assembly bill A-1413 that would “Ban firearms as prizes in any game of chance” on Saturday April 6th, Jamison Road Firehall, Elma from 10:00am until noon. Sheriff Tim Howard and others will be there as well.

Armed Citizen:

Jurisprudence:

NRA should support decriminalizing marijuana

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The Governor and legislature have reached an agreement on the state budget.  As usual it’s a fiscal policy disaster.

One item that did not make it is recreational marijuana.  Assemblyman David DiPietro vlogged that if it became law any gun owner who purchased pot could lose their firearms.  His post received way more attention that I thought it would:

Gun groups including NRA getting involved with non-gun issues is bad policy. However, I believe NRA should make a statement about decriminalizing weed at the federal level. No need to get into detailed arguments, just a simple statement that marijuana should be decriminalized so that people cannot be penalized for exorcising their 2A rights.

Newsbits

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Thursday’s Newsbits:

Assemblyman Colin Schmitt is forming a “Sportsman & 2nd Amendment Advisory Council.”  District residents interested in volunteering should contact Jena Knight at 845-469-6929.

Jurisprudence:

Legislation:

Politics:

Long Island Bills Pushes For Safe Storage Of Guns

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Suffolk Co. courts ruled mandatory storage is illegal back in ’08. See Colaiacovo v. Dormer.

No sleep ’till Brooklyn

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Bklyner offers up this “Exclusive”:

“It’s fundraising time for the NRA, and they’re making their usual rounds—among them, Southern Brooklyn. Signs posted outside of a Brooklyn eatery show the fundraising arm of the NRA (National Rifle Associaton) Foundation is having an event at the Rex Manor Catering Hall which sits at the border of Borough Park and Bensonhurst … This marks the third annual Brooklyn event of the NRA affiliate …”

There are several things NRA HQ ought to learn from this.

First, they have members in Brooklyn.

Second, since they have members in Brooklyn, NRA can be involved in local politics. The PVF is fully capable of doing this and it does not require spending a ton of money.  Nothing good will come to the NRA in New York until they become involved with Democrat politics in places like Brooklyn.

“… Undeterred by protesters, gun-supporters argued their First Amendment guarantees them a right to assemble. The signage promoting this event touts another Constitutional Amendment. “Gather second Amendment supporters in your community and attend your local Friends of NRA event,” reads the poster …”

Third, when confronted by antigun assholes, don’t back down.  Be open about supporting gun rights in a county where Democrats outnumber Republicans more than 8 to 1.

As for the rest of the article:

“… The announcement comes days after a suspected white supremacist shot and killed 49 Muslims at two New Zealand mosques …”

The author confuses the NRA, which helped blacks obtain firearms for self-defense, with the Democrat Party, which was founded by the KKK.

“… Councilman Kalman Yeger, whose district includes Rex Manor, did not respond to requests before post time.”

Yegar has supported antigun positions in the past, but I don’t see anything about this.

Expect future fights over stun guns

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Stun gun decision

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WBNG reports:

“A federal judge has ruled that New York’s ban on personal ownership of stun guns is unconstitutional … The decision came in a lawsuit filed by Matthew Avitabile, who said he wanted to buy a stun gun for self-defense in his rural upstate New York home. His lawyers argued that New York’s longstanding ban on civilian ownership of stun guns violated the Second Amendment right to bear arms …”

Here is a copy of the decision.

The judge’s determination:

“New York’s sweeping prohibition on the possession and use of tasers and stun guns by all citizens for all purposes, even for self-defense in one’s own home, must be declared unconstitutional in light of Heller. To be clear, this conclusion does not foreclose the possibility that some restriction(s) on the possession and/or use of tasers and stun guns would be permissible under the Second Amendment. Other states have already done this … New York might consider doing so as well.”

It’s a safe bet that new restrictive legislation will be introduced in Albany shortly.

Everytown lobbyists in Albany

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Everytown has retained Ostroff Associates to lobby in Albany for gun control during the 2019-20 session.  Their compensation is $10,000 per month.

Aside from advocating “gun violence prevention” they specifically pushed for A-2684, A-2689 and A-2690 which were all part of the Governor’s gun control package.