Assault Weapons 7
2nd Circuit Decision in NYSRPA vs. Cuomo – Just Released!
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
Hillary Clinton’s push on gun control marks a shift in presidential politics
In her standard stump speech, Hillary Rodham Clinton talks about fighting income inequality, celebrating court rulings on gay marriage and health care, and, since the Emanuel AME Church massacre, toughening the nation’s gun laws.
That last component marks an important evolution in presidential politics. For at least the past several decades, Democrats seeking national office have often been timid on the issue of guns for fear of alienating firearms owners. In 2008, after Barack Obama took heat for his gaffe about people who “cling to guns or religion,” he rarely mentioned guns again — neither that year nor in his 2012 reelection campaign.
But in a sign that the political environment on guns has shifted in the wake of recent mass shootings — and of Clinton’s determination to stake out liberal ground in her primary race against insurgent Sen. Bernie Sanders (I-Vt.) — Clinton is not only initiating a debate about gun control but also vowing to fight the National Rifle Association.
“I’m going to speak out against the uncontrollable use of guns in our country because I believe we can do better,” Clinton said Tuesday in Iowa City.
Donald Trump Talks: Gun Control, Assault Weapons, Gun Free Zones & Self Defense
New York, NY – -(Ammoland.com)- Hello Mr Trump. Many of our readers are very excited that you have thrown your hat in the ring to run for president in 2106.
They like the idea that you have nothing to do with politics and that you have real experience running large, successful business, successful being the key word. I hope you and your family are up for the challenges of running for president.
AmmoLand: Speaking of family I know you and your sons recently attended the 2015 NRA Annual Meeting, where you were asked to speak. How long have you been active with the NRA and what do you think about the influence the NRA has in politics?
Donald Trump:
“I am a Life Member of the NRA and am proud of their service in protecting our right to keep and bear arms. The NRA’s efforts to stop dangerous, gun-banning legislation and regulation is invaluable. The media focus on those efforts overshadows the great work the NRA does on behalf of safety and conservation.
I have a permit to carry and, living in New York, I know firsthand the challenges law-abiding citizens have in exercising their Second Amendment rights. My most trusted sources are my sons, Don, Jr. and Eric. They are fantastic sportsmen and are deeply involved in hunting, competitive shooting, and habitat conservation.”
AmmoLand: The deceptive term “Assault Weapons” has proven to be a buzz word among the anti-gun media. Back in 2000 in your book “The America We Deserve” you wrote “The Republicans walk the NRA line and refuse to even limited restrictions. I generally oppose gun control, but I support the ban on assault weapons and I also support a slightly longer waiting period to purchase a gun.” Since that time the AR15 rifle, what the media calls an “assault weapons“, has become America’s most popular firearm with millions and millions of them owned by good people.
Do you still stand by this quote or has your thinking evolved over the 15 years since you wrote that line?
Donald Trump:
“I certainly stand by my opposition to Gun Control when it comes to taking guns from law-abiding citizens. You mention that the media describes the AR-15 as an “assault rifle,” which is one example of the many distortions they use to sell their agenda. However, the AR-15 does not fall under this category. Gun-banners are unfortunately preoccupied with the AR-15, magazine capacity, grips, and other aesthetics, precisely because of its popularity.”
“To the Left every gun is an assault weapon.”
“Gun control does not reduce crime. It has consistently failed to stop violence. Americans are entitled to protect their families, their property and themselves. In fact, in right-to-carry states the violent crime rate is 24% lower than the rest of the United States and the murder rate is 28% lower. This should not be up for debate.”
AmmoLand: You have been a long time resident of New York City and we can only assume that you know former Mayor Michael Bloomberg pretty well. We have followed his efforts to undermine the Second Amendment through his various anti-gun front groups. What does he have against the RKBA and why don’t we see wealthy conservatives making a similar ‘all in’ push to support gun rights?
Donald Trump:
“Mayor Bloomberg and I are friends. However, on this we agree to disagree. I believe there are two reasons you do not see a similar effort from Mayor Bloomberg’s polar opposite. ”
“First, many wealthy live behind gates, armed security, and away from crime. They may have little understanding of how fellow citizens are challenged in defending themselves and their property. The second reason is that we have the NRA and other groups already in the arena.”
“The Trump family knows these organizations are the best investment if we are to defend the right to keep and bear arms.”
AmmoLand: Karl Rove recently voiced support for a repeal of the Second Amendment as a way to stop gun violence. What do you think of this suggestion or, as our readers believe, is it a God given right that can not be repealed by politicians?
Donald Trump:
“Karl Rove is a proven loser. He wasted $400 million in 2012 and did not win a single race.
“The Second Amendment is a bedrock natural right of the individual to defend self, family, and property. It is a ridiculous notion to ever repeal it.”
“For Rove to even think it shows a lack of respect for all of the freedoms in our Constitution and a complete ignorance of our shared American inheritance.”
AmmoLand: As we have reported on AmmoLand Shooting Sports News, two of your sons, Eric and Donald Trump Jr., have been the target of harassment by anti-hunting groups after they posted pictures of their successes while hunting in Africa. What advice do you have for other hunters that maybe be being bullied online or elsewhere by this shrill minority?
Donald Trump:
“My advice is to remain vigilant. Harassment of this nature will always be with us, but we know that Americans have inherited a strong outdoor and shooting heritage that we are happy to defend.”
“The 2nd Amendment is right, not a privilege. The small minority of anti-everything activists may be vocal, but we have facts, and the Constitution, on our side.”
“I would also add that hunters contribute more to the preservation of game animals and their habitat than any of these protesters. Hunters are the original conservationists. To see this historically you have to look no further then Teddy Roosevelt and his creation of the National Parks System.”
AmmoLand: Universal Background Checks to acquire guns is something President Obama has long been pushing for, yet background checks would not or did not stop any of the recent shooters from getting guns. What is your position on Background Checks? And do you see a need for even more government approval for someone to own a gun?
Donald Trump:
“I do not support expanding background checks. The current background checks do not work.”
“They make it more difficult for law abiding citizens to acquire firearms while consistently failing to stop criminals from getting guns. We should re-examine our policy to make sure that these prohibitions do not impede law abiding citizens from exercising their Second Amendment rights.”
AmmoLand: A lot of Democrats in politics today are crying for firearms magazine restrictions. But as we saw just with the Charleston, S.C. church killer, he used standard capacity magazines and quickly changed them out five or more times. So how does it make any sense to have gun magazine size limits?
Donald Trump:
“Gun magazine limits do not make common sense. I have long opposed such limits. For instance, I fought the SAFE Act in New York, which I call the “Unsafe Act.” I also spoke at a rally in Albany championing gun rights and protesting the Unsafe Act. The law limited capacity to seven rounds, as if criminals were going to take rounds out of their magazines before committing a crime. It was later changed to a limit of ten rounds, but the entire episode was a complete disaster.”
“Never mindful of the results, this effort was just one more attempt to erode the Second Amendment.”
AmmoLand: Lots of AmmoLand’s active duty readers have complained that many, if not all, of our military bases are “Gun Free Zones” and that these highly trained war fighters are left defenseless and disarmed against murderers, like the Fort Hood Shooter, when they are stationed on U.S. bases. Would you have a problem allowing our military bases to set their own polices with regard to personal weapons and do away with the “Gun Free Zones” death trap?
Donald Trump:
“[gun free zones] No, not optional. As Commander-in-Chief, I would mandate that soldiers remain armed and on alert at our military bases.
President Clinton never should have passed a ban on soldiers being able to protect themselves on bases. America’s Armed Forces will be armed.
They will be able to defend themselves against terrorists. Our brave soldiers should not be at risk because of policy created by civilian leadership. Political correctness has no place in this debate.”
AmmoLand: Thank you for taking the time to answer some of our questions today. We wish you the best of luck in your presidential run. As we leave you would you like to tell our readers what the Second Amendment means to you and your family?
Donald Trump:
“The Trump family will stay vigilant in our support of right to keep and bear arms. And given today’s threats across the United States it is as important now as ever. National Security begins in our homes. All citizens must have the ability to protect themselves, their families, and their property. The Second Amendment is a right, not a privilege. Our safety and defense is embodied in the Second Amendment and I will always protect this most important right.
“Our country is ready for a bold new direction. We can bring common sense to Washington. This is our time to Make America Great Again!”
SOURCE :: AMMOLAND
State Police hands over SAFE Act data
With the State Police declining to appeal an earlier trial court decision ordering them to release the data, the number of people who have registered assault style weapons under the SAFE Act became public on Monday.
“I’m grinning from ear to ear,” said Rochester lawyer Paloma Capana, who successfully sued on behalf of a client for the information.
The bottom line: 23,847 people since the 2013 law took effect have applied to register assault style weapons. A total of 44,485 weapons have been registered.
Here’s a breakdown by county of applications to register assault weapons since Jan. 15, 2013:
Albany 484
Allegany 83
Bronx 35
Broome 351
Cattaraugus 137
Cayuga 194
Chautauqua 311
Chemung 195
Chenango 116
Clinton 203
Columbia 124
Cortland 97
Delaware 96
Dutchess 731
Erie 1,593
Essex 107
Franklin 113
Fulton 102
Genesee 131
Greene 113
Hamilton 21
Herkimer 140
Jefferson 291
Kings (Brooklyn) 54
Lewis 60
Livingston 128
Madison 160
Monroe 1,408
Montgomery 87
Nassau 2,755
New York (Manhattan) 1,640
Niagara 492
Oneida 451
Onondaga 916
Ontario 260
Orange 985
Orleans 87
Oswego 281
Otsego 126
Putnam 411
Queens 109
Rensselaer 334
Richmond (Staten Island) 52
Rockland 451
Saint Lawrence 259
Saratoga 573
Schenectady 274
Schoharie 78
Schuyler 49
Seneca 69
Steuben 208
Suffolk 3,865
Sullivan 229
Tioga 122
Tompkins 134
Ulster 463
Warren 181
Washington 124
Wayne 244
Westchester 1,498
Wyoming 84
Yates 87(Source: New York State Police)
And here is the court document with the registration data. Registration statistics are in the last five pages or so: NYSP Gun Stats PDF
The data had been withheld following an earlier request under the state’s Freedom of Information Law.
She had filed suit on behalf of Rochester radio host Bill Robinson under Article 78, a proceeding that allows legal actions against the state. She argued in State Supreme Court in Albany County that there was no reason the simple number of registrations should be kept secret.
The plaintiff’s FOIL was submitted on Jan. 27, 2014, and prompted the standard letter from a State Police Records Access Officer noting its receipt and promising another response within 20 days.
But then the State Police fell silent, ignoring two letters from Robinson sent in April and June. In July, he filed an appeal based on the contention that the non-response was a denial, and the judge agreed.
One of the highlights of the SAFE, or Secure Ammunition and Firearms Enforcement Act is a ban on ”assault-style” weapons, which are defined as having military-type features such as a pistol grip or flash suppressor.
Weapons such as civilian versions of the M16 military rifle, or the Soviet-designed AK47 are popular examples of the guns banned under the law.
Gov. Andrew Cuomo pushed the bill though at the start of 2013, just weeks after the Newtown, Conn. school massacre.
People who already owned assault style weapons, though, were grandfathered but they were supposed to register them with the State Police in April 2014.
Critics believed that was an intrusion into their privacy, and as the logistics of tracking the registration became clear, many predicted that only a handful of people would actually register their guns.
Capanna said that appears to be the case, with fewer than 45,000 weapons being registered.
While there is no firm count, observers have estimated there could be hundreds of thousands or even a million assault-style weapons in New York.
In Connecticut, which later passed a similar registration law, 50,016 weapons have been registered.
But with a population five times that of the Nutmeg State, fewer weapons have been registered in New York, suggesting widespread non-compliance.
Additionally, local police including several county sheriffs, have opposed parts of the SAFE Act and suggested that enforcement of the registration component was not a priority.
The trial court decision, from Acting Supreme Court Justice Thomas McNamara, directed the State Police to release 15 categories of information related to the state registry, including detailed geographic breakdowns (including county and ZIP code) and the number of applications as opposed to actual registrations.
There is also a breakdown of pistols, shotguns and rifles that were registered.
Source: Times Union
Obama’s 23 Executive Actions Towards Guns
Breaking News. President Obama formally proposed the most expansive gun-control policies yet, and initiated 23 separate executive actions.
- Require Background Checks on All Gun Sales
- Address unnecessary legal barriers in health laws that prevent some states from making information available about those prohibited from having guns
- Ensuring federal agencies share relevant information with the system.
- Directing the Attorney General to work with other agencies to review our laws to make sure they are effective at identifying the dangerous or untrustworthy individuals that should not have access to guns.
- Get Military-style Assault Weapons and High-Capacity Magazines off the streets
- Protect Police by getting rid of armor-piercing bullets
- $4 Billion proposal to help communities to keep 15,000 cops on the street
- Call for Congress to pass new gun trafficking laws, which will impose serious penalties on those who help get guns into the hands of criminals.
- Take executive action to enhance gun tracing data by requiring federal law enforcement to trace all recovered guns.
- Propose regulations that will enable law enforcement to run complete background checks before returning seized firearms
- Provide effective training for state and local law enforcement, first responders, and school officials on how to handle active shooter situations.
- End the freeze on gun violence research, investigate the causes and prevention of violence, and explore the impact of violent media images and video games
- Preserve the rights of doctors to protect their patients and communities from gun violence
- Encourage gun owners to live up to their responsibility to store guns safely
- Give Local Communities the opportunity to hire up to 1,000 school resource officers and school counselors
- Ensure every school has a comprehensive emergency management plan
- Provide “Mental Health First Aid” training to help teachers and staff recognize signs of mental illness in young people and refer them to treatment.
- Support young adults ages 16 to 25, who have the highest rates of mental illness but are the least likely to seek help, by giving incentives to help states develop innovated approaches.
- Help break the cycle of violence in schools facing pervasive violence with a new, targeted initiative to provide their students with needed services like counseling.
- Train 5,000 more social workers, counselors, and psychologists, with a focus on those serving students and young adults.
- Finalizing regulations to require insurance plans to cover mental health benefits like medical and surgical benefits
- Ensuring Medicaid is meeting its obligation to cover mental heath equally.
You can download the PDF here: Gun Violence Reduction Executive Actions.
A MESSAGE FROM SCOPE
The following message was sent out by SCOPE. Please contact your representatives.
NEW YORK FIREARMS BAN!
SCOPE is sending this Alert to put all firearm owners on notice that the time to act is now. New York State has positioned itself to pass the most draconian gun laws in the nation. Governor Cuomo is pressing hard to push these bills through. Without a majority in the State Senate to block these measures; their passage is a very real possibility.
We are asking all members to forward all SCOPE communications to concerned citizens on their contact lists and ask them to contact their legislators. Time is short and the consequences of inaction are unacceptable.
These bills, with the Governor pushing for confiscation or a permit system for Modern Sporting Rifles, represent the biggest threats we have faced since 1968. You cannot relax if you do not own one of these rifles because they will divide and separate. Your firearms are next of their list if they succeed here.
SCOPE’S leadership, while representing thousands of firearm owners through individual memberships and clubs, cannot fight this battle alone. This is your call to action. Your participation is no guarantee that we will win this important fight to protect your Constitutional rights but we can say with certainty that anything short of overwhelming our legislators with calls, emails and letters we have virtually no chance. Truth is the only thing that really motivates most legislators is their next election and by contacting your legislators and letting them know that your vote depends on their support is crucial.
We are doing everything within our power to defend your rights, but remember we are an all-volunteer group and we need you to join us in these efforts.
Here is the ACTION PLAN
Revised assault weapon ban introduced
On 2/27/09 Bill number A06294 was referred to codes. This bill revises the current state assault weapon ban making it more strict. Significant changes include making the list of banned features larger which includes a muzzle brake or a vertical front grip. It defines assault weapons as having one of those features as opposed to one being allowed under the current ban. Detachable magazine is defined as “…can be removed from the firearm without use of any tool including a bullet or ammunition cartridge.” Any firearm classified as an assault weapon under the new law would require the gun to be rendered inoperable, turned in to law enforcement or registered in a database created by the law.
This bill is very similar to the ban that was introduced last year and died in the senate. With the democratic control of the state government this one may pass. Please write your representative and encorage them to oppose this bill.
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