Albany, N.Y. – Following the enactment of a controversial law in North Carolina, Governor Andrew Cuomo has banned all non-essential state travel to North Carolina.
The law in question bans individuals from using restrooms that do not match the gender indicated on their birth certificates. Opponents argue the measure discriminates against members of the LGBT community.
In a statement released Monday night, Governor Cuomo said, “In New York, we believe that all people – regardless of their gender identity or sexual orientation – deserve the same rights and protections under the eyes of the law. From Stonewall to marriage equality, our state has been a beacon of hope for the LGBT community, and we will not stand idly by as misguided legislation replicates the discrimination of the past. As long as there is a law in North Carolina that creates the ground for discrimination against LGBT people, I am barring non-essential state travel to that state.”
The ban specifically focuses on publicly-funded or publicly-sponsored travel – with the exception of travel that is deemed necessary for New York State law, the protection of public welfare, health or safety, or if it was part of a prior contractual obligation. The ban went into effect Monday night.
SOURCE :: 13WHAM
You can read the executive order here: E.O. 155.
United States Attorney Preet Bharara feels emboldened, sources say, following the conviction of former Assembly Speaker Sheldon Silver — on all of seven corruption charges. Despite lacking a “smoking gun” to constitute an explicit quid pro quo, the jury handed Bharara a sweeping win. Such is the public’s appetite for corrupt politicians, observers say.
Three sources are confirming that Bharara intends to indict Governor Andrew Cuomo on January 2nd — along with a half dozen associates and former staffers — on public corruption, racketeering, conspiracy, and honest services fraud.
The Chronicle is unable to confirm widespread rumors that the former staffers are Howard Glaser, Joe Percoco and Larry Schwartz.
Glaser resigned in June of last year as Director of State Operations and was thought to be Cuomo’s top aide. Percoco left a $175,000 job with the Governor on October 25th of this year, and was known as Cuomo’s “political enforcer.”
Schwartz was caught up in the Moreland Commission scandal. He is thought to be guilty of obstruction of justice for actions he took in the hours immediately following Bharara’s confiscation of Moreland Commission documents.
One of the three sources — a longtime Albany insider — says that there are at least three additional targets of the investigation, including Alain Kaloyeros, the head of SUNY Polytech who, at $800,000, is the highest paid state employee.
The other two men are said to be from Buffalo and have been “involved in the Administration’s economic development deals in particularly unseemly ways,” but the source would not elaborate.
SOURCE :: Buffalo Chronicle
ALBANY – We’re No. 1 – in corruption. No other state has more legislators forced out of office by ethical or criminal issues than New York, according to a study released on Monday.
In fact, the state set a national record for the number of lawmakers kicked out, or chased out of office since, 2012, the Center for Public Integrity, a good government group, found in a new study.
We’re talking about a gold medal-winning corruption performance by New York.
– John Kaehny, executive director of Reinvent Albany
The tally of 14 lawmakers does not include former Assembly Speaker Sheldon Silver, who is on trial for corruption, or his counterpart in the state Senate, former Majority Leader Dean Skelos, whose trial is scheduled for later this month.
The reported noted that Skelos is the fifth straight Senate leader to be charged with using his office illegally for personal gain.
Overall, the state received a grade of D Minus and ranked 30th in the nation — tied with Florida — for measures it has put in place for transparency and accountability.
“We’re talking about a gold medal-winning corruption performance by New York,” said John Kaehny, executive director Reinvent Albany, an advocacy group. “It’s a pretty bleak moment for public governance.”
Albany’s secretive budgeting process, commonly referred to as “three men in a room,” landed it dead last in the budgeting category, with a grade of F.
Nevertheless, the Empire State fared better than other states. Eleven received the lowest grade of F.
Alaska walked off with the highest overall grade, but that was just a C.
Comptroller Thomas DiNapoli’s independent audits earned a B+, highest in the nation in that category, helping lift the state from its dismal rating of 37th in 2012, which was the last time the survey was conducted.
The report said that DiNapoli’s office is effective “because of its robustly-funded” office, “which is headed by an elected official who is largely protected from interference by the governor or Legislature.”
“The office issues an annual report, which is publicly available and has shown little hesitation to go after state agencies, such as in a recent audit that identified $500 million in waste in the state’s Medicaid program,” the study said.
The study measured 245 “indicators” divided into 13 categories: public access to information, political financing, electoral oversight, executive accountability, legislative accountability, judicial accountability, state budget processes, state civil service management, procurement, internal auditing, lobbying disclosure, state pension fund management and ethics enforcement agencies.
SOURCE :: NYPost.com
TL;DR… What a smug asshole.
“Today, the U.S. Court of Appeals for the Second Circuit upheld what we have long known to be true – that the core provisions of the NY SAFE Act do not violate the Second Amendment. Today, common sense prevailed.
“When we passed the SAFE Act, just days after the tragedies in Newtown and Webster, New York proved to the nation that it is possible to enact sensible gun control that coexists with the Second Amendment. We showed that it can be done with bi-partisan support from both urban and rural communities. And we took a fundamental step forward to help end the stream of senseless killings by keeping guns out of the hands of criminals and the dangerously mentally ill.
“This case validates a simple, fundamental truth about gun control: that it is possible to have strong laws that keep our communities safe, while at the same time respecting the rights of law-abiding gun owners. New York has set the example – and it’s far past time for Washington to follow suit and pass a sensible national gun control policy.”
SOURCE :: NYS Governor Website
We hold that the core provisions of the New York and Connecticut laws prohibiting possession of semiautomatic assault weapons and large‐capacity magazines do not violate the Second Amendment, and that the challenged individual provisions are not void for vagueness. The particular provision of New York’s law regulating load limits, however, does not survive the requisite scrutiny. One further specific provision—Connecticut’s prohibition on the non‐semiautomatic Remington 7615—unconstitutionally infringes upon the Second Amendment right. Accordingly, we AFFIRM in part the judgment of the District Court for the District of Connecticut insofar as it upheld the prohibition of semiautomatic assault weapons and large‐capacity magazines, and REVERSE in part its holding with respect to the Remington 7615. With respect to Case 14-36, Document 330-1, 10/19/2015, 1621732, Page5 of 57 the judgment of the District Court for the Western District of New York, we REVERSE in part certain vagueness holdings, and we otherwise AFFIRM that judgment insofar as it upheld the prohibition of semiautomatic assault weapons and large‐capacity magazines and invalidated the load limit.
Read the full NYSRAP vs Cuomo OPINION 10192015.
SOURCE :: Paloma A. Capanna, Law and Policy
Governor Andrew Cuomo has agreed to change a part of the SAFE Act that pertains to the Ammunition background check database. According to Senator James L. Seward (R/C/I, Oneonta), the senate republican majority has secured a legally binding memorandum of understanding (MUC) with the governor’s office amending provisions of the NYS SAFE Act.
“This is a clear victory for Second Amendment rights in New York,” said Senator Seward. “While I will continue to work for full repeal of the poorly crafted, over-reaching NY-SAFE Act, this is a significant accomplishment – and constitutes the only modifications that have been made to this law since it was enacted two years ago over my objection.”
The MOU signed by New York State Director of Operations James Malatras and Senate Majority Leader John Flanagan suspends a portion of the NY-SAFE Act establishing a statewide database requiring purchasers of ammunition to undergo a background check.
“The plan to establish a statewide ammunition database has been fraught with problems since it was first conceived, not to mention it infringes on the rights of lawful firearm owners. I successfully helped shut off funding that was being wasted on trying to establish this database and am extremely pleased that the entire idea will now be abandoned,” Seward added.
Along with leading the effort to repeal the NY-SAFE Act, Senator Seward has also blocked other gun control measures advanced by the state assembly and senate Democrats such as microstamping, mandatory liability insurance for firearm owners, and a ban on .50 caliber firearms, which would include many hunting calibers.
Earlier this year legislation (S.5837) sponsored by Senator Seward, amending several of the most onerous sections of the NY-SAFE Act, received senate approval. This was the first time any bill amending the NY-SAFE Act was acted upon by the legislature. The state assembly failed to even bring the bill forward for a vote.
“The state senate took the lead and passed legislation that would erase some of the most burdensome provisions of the NY-SAFE Act while also keeping other gun control laws at bay. While the state assembly failed to join us, the senate Republican majority continued to work to restore Second Amendment rights to lawful firearm owners,” Seward concluded.
Governor Cuomo will be in Rochester today, July 9th, for a special event for local lawmakers, dubbed “Capital for a Day.” This “day-long” event is a chance for local lawmakers to meet with the governor and other senior state officials to “advance local priorities for growth and improvements in the community.” Additionally, Lieutenant Governor Kathy Hochul will be in attendance.
What are the chances that they’ll invite me to these meetings to discuss firearms policies in New York?!
As with the current NY SAFE Act, having more than 7 rounds of ammo in your magazine is defined as criminal possession of a weapon in the third degree, a Class D Violent Felony. A felony is defined as a crime punishable by death or imprisonment in excess of one year. We consider these crimes below to be WORSE than having more than 7 rounds, however, New York State disagrees. These crimes below are lesser crimes than possessing more than 7 rounds of ammunition.
120.70 – Luring a child | E Felony
121.11 – Criminal obstruction of breathing or blood circulation | A Misdemeanor
125.10 – Criminally negligent homicide | E Felony
130.20 – Sexual misconduct | A Misdemeanor
130.25 – Rape 3rd degree | E Felony
130.40 – Criminal sexual act 3rd degree | E Felony
130.52 – Forcible touching | A Misdemeanor
130.53 – Persistent sexual abuse | E Felony (repeat child molester, must be caught and convicted in two separate cases before the charges even reach this level)
130.65A – Aggravated sexual abuse 4th degree | E Felony
130.85 – Female genital mutilation | E Felony
135.05 – Unlawful imprisonment 2nd degree | A Misdemeanor
135.10 – Unlawful imprisonment 1st degree | E Felony
135.45 – Custodial interference 2nd degree | A Misdemeanor
135.50 – Custodial interference 1st degree | E Felony
135.55 – Substitution of children | E Felony (switched at birth type of thing)
135.60 – Coercion 2nd degree | A Misdemeanor
150.01 – 5th degree Arson | A Misdemeanor
150.05 – 4th degree Arson | E Felony
178.10 – 4th degree Criminal diversion of prescription medications and prescriptions | A Misdemeanor
178.15 – 3rd degree Criminal diversion of prescription medications and prescriptions | E Felony
220.28 – Use of a child to commit a controlled substance offense | E Felony
240.05 – Riot 2nd degree | A Misdemeanor
240.06 – Riot 1st degree | E Felony
240.08 – Inciting to riot | A Misdemeanor 240.10 – Unlawful assembly | B Misdemeanor
240.15 – Criminal anarchy | E Felony
240.20 – Disorderly conduct | Violation
240.61 – Placing a false bomb or hazardous substance 2nd degree | E Felony
250.45 – Unlawful surveillance 2nd degree | E felony (Hidden cams for sexual gratification)
255.25 – Incest 3rd degree | E Felony
263.11 – Possessing an obscene sexual performance by a child | E Felony
263.16 – Possessing a sexual performance by a child | E Felony
Something to think about….
If you are not already aware, the Governor proposed a seven point plan for fighting gun violence at his State of the State address this week, many of which affect law abiding gun owners. His plan includes further restricting “assault weapons”, further restricting “high capacity” magazines, elimination of online ammunition sales to NY residents, background checks for all private sales and a state NICS check on all ammunition purchases.
Please take a few moments to write and, more importantly, CALL your state representatives as well as their leadership.
Some points to make:
• No new firearm restrictions
• No new magazine restrictions
• No new restrictions on the sale or purchase of ammunition
• No new registration of firearms
Who to contact:
Most importantly, please contact Senate Majority Leader Dean Skelos – Office phone: (518) 455-3171, email: firstname.lastname@example.org , website: http://www.nysenate.gov/senator/dean-g-skelos/contact
Your own state senator who can be found here: http://www.nysenate.gov/
Gov. Cuomo at Office phone: (518) 474-8390, website: http://www.governor.ny.gov/contact/G…ontactForm.php
Senate Co Leader Jeffrey Klein at Office Phone: (518)-455-3595, email: email@example.com website: http://www.nysenate.gov/senator/jeffrey-d-klein/contact
Thank you for your time,
Jeff and the NYFirearms.com team