SAFE lawsuit update

Here is the latest update on NYSRPA’s lawsuit against the SAFE Act:

  • We have filed both a Complaint and an Amended Complaint in the USDC for the Western District of New York.  Our Amended Complaint claims that the SAFE Act is unconstitutional in that it violates the Second Amendment, the Equal Protection Clause, and is unconstitutionally vague.
  • Subsequent to the filing of our Amended Complaint, we filed a Motion for Preliminary Injunction asking the Court to Order all defendants to cease the enforcement and prosecution of the SAFE Act.  The Court has not yet decided our request.
  • After a hearing to establish a briefing schedule, Judge William Skretny issued a Scheduling Order.  Under the Order, the following deadlines were set: the time for all defendants to file an Answer to the Amended Complaint was stayed until June 7.
  • All defendants have until June 7 to respond to our motion for preliminary injunction or cross-move for dispositive relief.
  • The plaintiffs have until July 8 to oppose any cross-motion by the defense and/or reply to any opposition to the motion for PI; and the defendants’ time to reply to any opposition filed by the plaintiffs was not decided, but will be addressed by the Court at a later date.
  • The Court set August 23 as the next date for the parties to return to court, characterizing this date as a “status conference/hearing date, with emphasis for now on status conference.”
  • To date NYSRPA has spent $164,000 on the suit and have received an additional $80,000 from the NRA Civil Rights Defense Fund.

Pro-gun does not equal anti-casino

Some of the dumbest political analysis from Bob Lonsberry, “Pro-Gun Equals Anti-Casino“:

“Sorry, Andy, but it’s a no-go on the casinos.  Upstate is not going to back you.  It’s called payback, and it’s about to bite you on the arse …What am I talking about?  About the convergence of two issues – the gun-banning New York SAFE Act and the governor’s plan to legalize casino gambling in New York … Somehow, as Andy sees it, three upstate casinos will turn around the economy of everything north of Westchester … The problem is, New York City isn’t behind him.  To get the thing passed, he needs upstate … Which gets us back to his gun law … Pro-gun people across upstate must oppose the legalization of casino gambling … It’s about using this leverage to force a deal … It creates our best opportunity for using political pressure to get the NY Safe Act repealed …”

Nobody with any creditability seriously believes the Governor and legislature are going to do a 180 on SAFE.  That simply is not going to happen.  The issue of legalizing casinos is not a big deal either with politicians or the public.  Lonsberry himself even acknowledges this.  Why then assume the issue can be used for any sort of leverage?

Another Cuomo ad

I have seen a third pro-Cuomo ad running in the NYC media market.  It starts off touting the SAFE Act then moves into the women’s lib crap he talked about during his State of the State.

What backlash?

Crain’s NY Business senses a chill in the air at the capitol:

“A state legislative session chilled by a gun-control backlash and corruption scandals took on new life last week when Gov. Andrew Cuomo announced he would push for approval of casino gambling now, rather than postpone that effort until 2014.  Meanwhile, legislative leaders were moving toward agreements on a response to the scandals and on the governor’s women’s rights agenda.  Albany had been in a standstill since its rushed passage of a gun-control law earlier this year sank the Democratic governor’s popularity upstate and inflicted Senate Republican leader Dean Skelos with buyer’s remorse …”

The media has repeatedly stated there is overwhelming public support for Cuomo’s gun control law.  If this is true, then:

  1. Why does Crain’s report there has been a backlash in the legislature?
  2. If the Governor’s popularity decline has been upstate, then why is he running ads touting SAFE in the NYC market?

“… When Mr. Cuomo met several weeks ago with Mr. Skelos, the governor found the Long Island lawmaker determined to avoid another gun-control scenario.  “Skelos said, ‘You’re not leading me down that path again,’ ” one Albany insider explained.  Translation: The governor won’t get public financing of political campaigns, an expansion of abortion rights, decriminalization of low-level marijuana possession or anything else that smells funny to Senate Republicans …”

Why not?  If SAFE is great and the public loves it, why not do it all again for other issues? A creditable news outlet would ask these questions.  This leaves out tabloids like the Daily News and Journal News.

Another 90s flashback

Another Cuomo is having flashbacks to the 90s, the Governor’s sister Maria:

“On this Mother’s Day, it is hard not to feel inspired and hopeful by the robust and sophisticated grassroots movement building of moms across America who have organized to fight for safer gun law legislation.  And although disappointed by the lack political leadership on the issue, Mother’s Day offers a chance to recognize the undeniable force that is growing since the Newtown tragedy.  If nothing else, we, moms, know how to get things done.  On Labor Day 1999, My friend advocate mentor, and Million Mom March founder Donna Dees launched an unprecedented political gathering of mothers in D.C.  With nothing more than a website and a permit to march, 25 moms and a NYC police lieutenant joined Donna at a press conference to announce that they were giving Congress nine months to pass sensible laws …”

That is patently false.  Donna Dees-Thomas was a bigwig at CBS and BFF of Hillary Clinton.  The whole MMM was professional dog-and-pony show put on with the help of the Clintons and their cronies.  Then, like now, the antigunners were trying to fool politicians and the public with astroturf.

Legislative Report #7

Legislative Report #7 is now online.

Cuomo committee airing gun control ads

The Cuomo-controlled committee New Yorkers for Gun Safety is running at least two different television ads touting the SAFE Act.

There really isn’t any reason to do that other than to try and push up his poll numbers.  Support for any federal gun control proposal is guaranteed by both Schumer and Gillibrand so it’s not as if he’s helping to revive the issue in Congress.

That explains it

Yet another corrupt state legislator goes down, Senator Shirley Huntley.  What is interesting is this remark from her lawyer:

“… [Attorney Sally Butler] claimed Huntley told prosecutors she saw “politicians who were receiving . . . bags of money at the elevator” in the Senate building …”

This is funny because on two different occasions I’ve found bills on the floor of the LOB.

Layoffs at the Daily News

When the Journal News tried shaming gun owners by publishing maps to their homes earlier this year, they reportedly lost a third of their subscribers.  The Daily News has been on a similar jihad pushing for more gun control laws non-stop since December.

How are things going over there?

“… Two high-profile bylines we’ve confirmed to be among the laid-off Newsers so far are columnists Albor Ruiz and Joanna Molloy, both longtime veterans of the paper … The news of Molloy’s termination was particularly shocking.  She’s arguably the most famous writer still at the paper, having helmed its gossip pages for 15 years with her husband, George Rush, who took a buyout in 2010, thus ending their joint column Rush & Molloy, by then a well-established New York institution.  Molloy then became a general news columnist, and just last month she was on “Charlie Rose,” holding up copies of the Daily News’ page-one gun-control crusade as an example of why tabloids in general, and the News under Myler’s editorship in particular, were doing important work nobody else could do …”

Perhaps there was a reason others weren’t doing it.  Gotta love instant karma.

9 Reasons why gun control proponents are deluded

The antigunners are deeply deluded, “9 Reasons Why Progress on Stronger Gun Laws Is Within Reach“:

Swing-state momentum – “… With advocates for stronger gun laws gaining ground in Pennsylvania, Colorado, and Virginia, the prospects nationally are bright …”

This isn’t true.  The far left gained control of the CO legislature, but not because of the gun issue.  The MAIG mayors in PA are nothing more than a phony front for Mayor Bloomberg and lack any genuine public backing.  Citing a single close race in VA does not signal the start of any sort of trend.

Evolving demographics – “… Our country is undergoing a culture shift on guns. While the number of guns in circulation in the country has continued to rise, the percentage of households that own guns has been steadily declining for the past three decades … Not only are fewer young people choosing to own guns than in previous generations, but they are also expressing evolving views on the role of guns in American culture …”

There is a cultural shift from Gun Culture 1.0 to Gun Culture 2.0, but not a shift away from guns themselves.

A new center of gravity – “… This latest wave of organizational development follows a previous effort launched in 2000 by Americans for Gun Safety and other groups to gain traction on gun issues by reframing the issue as one of gun safety rather than gun control … The work of Mayors Against Illegal Guns, Americans for Responsible Solutions, and others is an attempt to once again redefine the issue …”

While Mayor Bloomberg’s ego is so large it has its own gravitational field, these so-called organizational developments are just a re-branding of the same, fake astroturf groups which have failed in the past.  This is a common leftist tactic used to try and keep their issues fresh.

Widening divide between the NRA leadership and public opinion— even among gun owners – “… It has never been clearer that the NRA leadership does not represent the opinion of most Americans—or even most gun owners. While the NRA leadership opposes any expansion in gun background checks, polls show that between 80 percent and 90 percent of Americans support expanded background checks …”

Those polls are bogus as evidenced by other polls reporting only 6% think gun control is an important issue.

The NRA’s path not followed – “… Once upon a time the NRA was a sportsmen’s organization that focused on marksmanship and hunting and had plans to move its headquarters to Colorado Springs to enhance its focus on recreational shooting activities … In recent years the NRA has taken an increasingly extreme position on every gun policy issue and even on matters that have only a tangential relationship to guns … For the first time in its history, for example, the NRA scored votes on Supreme Court nominees for the nominations of Sonia Sotomayor and Elena Kagan …  In scoring the nominees, the NRA likely appealed to a base of members who identify with the Tea Party, but it alienated Democrats, independents, and some Republicans who thought that Sotomayor and Kagan were well-qualified nominees …”

Both nominees had public records on the 2A that were unfavorable to individual rights.  NRA took no position on any other issue that could come before the court.

Democrats and progressives are re-engaged – “…  Democrats once again made fighting gun crime and reducing gun violence a central tenet of the party …”

And the result of this was one of their rising stars, Andrew Cuomo, taking a 20+ point drop in his approval rating and pretty much ending all serious discussion of him running for president.

Recent election results – “… If the conventional wisdom has been that the NRA is an almighty juggernaut that cannot be defeated when it decides to spend money on a campaign, that wisdom failed spectacularly in the 2012 elections …”

The 2012 elections were not about guns.  The economy was issue #1.

Closing the intensity gap – “… The polling suggests that the long-held conventional wisdom about the intensity of support on gun issues is no longer valid …”

The intensity of antigun activists has never been in question.  Ladd Everitt is undoubtedly very passionate about the issue.  He’s also fucking nuts.  So are other well known leaders including Joan Peterson and Jason Kilgore.  Antis even admit their own leadership is a liability.

The numbers – “… The scale of gun violence—not just mass shootings but the everyday gun massacres that occur across big cities and small towns all over the country—is not abating …”

Actually, it is.