All about guns, legislation and politics in New York
A little over a week ago a man was pulled over by police for having a burnt out bulb over his license plate. The driver had a legally owned pistol sitting his front seat and was arrested because the gun had 9 rounds in the magazine in violation of the SAFE Act.
Columbia Co. District Attorney Paul Czajka has refused to prosecute him.
Common Sense 1, Governor Cuomo 0.
A lawsuit has been filed in federal court challenging Connecticut’s new gun control law. It is being handled by Brain Stapleton who is also working on the NYSRPA lawsuit against SAFE.
Apparently Mayor Mike’s stop and frisk program isn’t very effective at “getting guns of our streets”, but is pretty good at generating marijuana arrests. Gothmist reports:
“… The NYCLU [PDF] looked at last year’s 532,911 stops and found that while the NYPD recovered 729 guns, more than 5,000 people were arrested for marijuana possession …”
As for guns, the NY Times finds:
“… according to court documents, officers found only one gun for every 69 stops in which they cited a “bulge.” And guns were seized in only 0.15 percent of all stops …”
This show that once again gun control does not work as advertised. Don’t count on either Bloomberg or the NYCLU to admit that.
The Oneida Dispatch reports on the annual Democrat Party meeting, “New York Democrats deal with dysfunction amid sex abuse scandal“:
“The disarray gripping the NYS Democratic Party was on display at its annual meeting Wednesday, opening with a hole in the program where Gov. Andrew Cuomo usually speaks and closing with a resolution denouncing Vito Lopez … Second-string speakers to the assembled party leaders included … Leah Gunn Barrett of New Yorkers Against Gun Violence. Barrett praised Cuomo’s controversial SAFE gun control law after announcing from the podium that she had been asked on short notice if she could come up to Albany to deliver the speech that closed the annual meeting, the spot usually reserved for the governor.”
Who invited her?
Seriously, who thinks having someone who is going to highlight the proposal that singlehandedly caused the Governor to plunge 20+ points in approval polls was a good idea?
And when did SAFE become controversial? According to the mainstream media it has overwhelming public support.
Following up my previous post, the Times Union reports, “Sheriffs: Cuomo asked for silence“:
“The sheriffs thought they were being summoned to the Capitol to discuss ideas for changes to New York’s gun control law, the SAFE Act. Instead, Gov. Andrew Cuomo told them to keep quiet … In January, the New York State Sheriffs’ Association wrote Cuomo with an analysis, and later suggested tweaks. Cuomo invited its leaders to the Capitol last month … The group included Sheriffs’ Association Executive Director Peter Kehoe and Chemung County Sheriff Christopher Moss … Instead, Cuomo pushed the sheriffs to stop publicly speaking out against the act, Moss said. “The governor was of the opinion that the sheriffs around the state should not be interjecting their personal opinions in reference to the law,” Moss said, adding that Cuomo said sheriffs can’t do that and enforce the law. One person briefed on the meeting said Cuomo threatened to remove sheriffs from office, a little-used power afforded the state’s chief executive under the state constitution … “
It is my understanding he’s trying a similar tactic with the state police, either they keep quiet or he will not come to the table for their union contract negotiations.
I was just at a fundraiser for Senator Kathy Marchione. She announced that she will be filing an amicus brief in support of the NYSRPA lawsuit against SAFE. Do not know if it will be just her or if it will be a group effort with other elected officials.
Bad news from California. Microstamping goes into effect for all new handguns sold in the state.
Cal DOJ certifies microstampingpatents open and microstamping mandated for all new handguns. oag.ca.gov/sites/all/file…?
— Jason Davis (@calgunlawyers) May 17, 2013
This is going to embolden it’s proponents here.
The Buffalo News reports on the NYSSA support for the NYSRPA lawsuit, “Sheriff Howard on SAFE Act: ‘I won’t enforce it’“:
“It’s no secret Sheriff Timothy B. Howard is opposed to New York’s new gun-control law. But Howard, who is running for re-election this year, is now ratcheting up his opposition by filing a friend of the court brief in the lawsuit seeking to overturn the SAFE Act and, even more important perhaps, by suggesting the law not be enforced. “I’m more than reluctant,” he said of the new law Thursday. “I won’t enforce it.” …”
I have never heard an elected official from New York say that about a gun law.
“… Howard is not the only sheriff to oppose the law – his brief was filed by the New York State Sheriff’s Association – but his stance on enforcement does put him at odds with some of his like-minded peers. “I don’t get to pick and choose what laws I enforce,” said Putnam County Sheriff Donald B. Smith, a former president of the association. “That’s exactly why we filed the amicus brief. We need to change this law.” Smith, like Howard, does view the SAFE Act as a step backward and a blow to law-abiding citizens, especially gun owners. The law, he said, may prove successful in limiting the type of weapons the general public can buy, but it will have little or no impact on what drug dealers, gang members and other criminals can get their hands on. “I actually call it the not-so-safe act,” Smith said. “Ultimately, why would we put our citizens at a disadvantage to the criminals.” …”
The Albany Police Union’s letter to the Governor answers that question: “You know that this shameful SAFE Act was about ideology and politics and not making anyone safer.”
“… Assemblyman Sean Ryan, D-Buffalo, almost couldn’t believe his ears when told of Howard’s public stance. “He said that?” Ryan asked incredulously. “There are all sorts of principled ways of going about this. Law enforcement officials aren’t allowed to pick and choose.” …”
It is a well established leftist tactic to refuse to enforce laws they don’t like. Ryan, who voted for SAFE, is just upset because the NYSSA’s stance makes both him and Governor Cuomo look bad. Speaking of which, I have been informed that the Governor has signaled to Democrat Chemung Co. Sheriff Christopher Moss that he will try to remove him from office if he does not enforce SAFE. Moss has also been critical of SAFE.
The New York Sheriffs Association has filed a amicus brief supporting the NYSRPA lawsuit against the SAFE Act. Their legal counsel is C.D. Michel, a well known gun lawyer from California who has worked with CRPA and often appears on NRANews. He is author of the book, “California Gun Laws – A guide to state and federal firearm regulations.”
Governor Cuomo has to be very angry over this.