Legislative Report #6

Legislative Report #6 is now online.

That’s what killed it in the first place

Antigunners just don’t get it:

“… Gun control advocates woke up Thursday morning still licking their wounds … The 2014 elections may be a year and a half away, but one of the chief fault lines has now been drawn.  “We’re going to take the long view in this fight,” said Mark Kelly, Giffords’ husband and the co-founder of Americans for Responsible Solutions, their gun control group.  “We’re going continue to talk about common-sense solutions that respect our Second Amendment rights … We’re going to make sure that people all over the country know how their senator voted on this.” …”

That is what killed the bill in the first place, the promise by the NRA to hold Senators accountable for their votes.

Accountability killed gun control

What stopped gun control in the Senate?

“… Senator Joe Manchin of West Virginia says there would have been 70 votes for the plan to expand background checks for gun buyers.  But the NRA said it would include the gun vote on report cards that show whether candidates support gun rights …”

In other words, if Senators would not be held accountable, it would have past.  As I told the WNYC reporter this morning:

“… Claims that the NRA bought the failed gun control vote with campaign contributions is absurd, according to Jacob Rieper, the vice president of legislative and political affairs with the New York Pistol and Rifle Association, New York’s NRA affiliate.  “Voters value NRA endorsements,” he said.  “The NRA represents literally millions of people around the country and that’s why they win.  People like their endorsements.” …”

Apparently Mayor Bloomberg’s threat that Senators would “face the consequences of their actions in the next elections” doesn’t have a similar value.

Antigun meltdown

Behold and laugh at the antigun meltdown.

Mayor Bloomberg:

“Today’s vote is a damning indictment of the stranglehold that special interests have on Washington. More than 40 U.S. senators would rather turn their backs on the 90 percent of Americans who support comprehensive background checks than buck the increasingly extremist wing of the gun lobby …”

Governor Cuomo:

“The Senate’s failure to pass a bipartisan measure that is supported by the vast majority of American people is a sad statement on the power of extremists to stand in the way of reason and common sense …”

Eric Schneiderman:

“The failure to pass even the most basic measures to expand background checks for gun sales, despite near-universal support from the American people, is a disgrace …”

Chuck Schumer:

“… When you’re in NYC, it’s hard to realize how powerful the NRA is …”

Assemblyman Brian Kavanagh:

Down in flames

Gov. Cuomo makes a last ditch effort to save gun control as a national issue.

The result?

The amendment goes down 54-46. 60 votes were needed to break a filibuster.

From ILA:

“Today, the misguided ManchinToomeySchumer proposal failed in the U.S. Senate. This amendment would have criminalized certain private transfers of firearms between honest citizens, requiring lifelong friends, neighbors and some family members to get federal government permission to exercise a fundamental right or face prosecution. As we have noted previously, expanding background checks, at gun shows or elsewhere, will not reduce violent crime or keep our kids safe in their schools.”

State response to request for injunction

The State has responded to our request for an injunction:

“… Assistant Attorney General Benjamin Ahlstrom wrote in court papers that the claims have no merit.  He noted the motion was filed late Monday, three months after the law passed, undercutting any argument of “perceived imminent harm.”  Ahlstrom asked for 60 days to respond to the injunction request, instead of an expedited schedule he said would deprive government lawyers of adequate time to submit papers “in defense of this landmark statute.”  “The one-sided presentation proposed by plaintiffs is no orderly way to litigate important constitutional issues or to resolve a motion that seeks to enjoin duly enacted state legislation” Ahlstrom wrote …”

Why would they need 60 days to respond when they could not bother to wait just three days for the bills to age before pushing it through the legislature?  If the Governor can use a message of necessity why can’t we?

Motion for preliminary injunction filed

The R&P has filed a Motion for Preliminary Injunction against the SAFE Act and a Motion for Expedited Hearing on the motion for a preliminary injunction.  The court has not set a briefing schedule or hearing date yet.

SCOTUS declines to hear proper cause case

SCOTUS has declined to hear SAF’s challenge to the Sullivan Act’s discretionary licensing system.

This should not be taken as a sign of approval by the court.  They only take like 1% of the appealed cases.

SAFE rumormongering

Some rumormongering: the background check for ammunition purchases will soon be dropped as there is no money to fund it.

Making excuses

Here is NYAGV spokeswoman Leah Gunn-Barrett making excuses as to why the antigunners have not been more successful:

True, they have not organized at the grassroots level. They rely on astroturf and a biased media to present their side without question.