S0399 / A0199

Proposed NY State legislature bills S0399 and A0199 are a direct assault on your 2nd Amendment rights.  These bills amend “Section 1. Subdivision 1 of section 265.00 of the penal law…and a new subdivision 37 is added.” 

This is how the actual bill reads with the new proposed sections shown in bold and underlined.

Machine-gun" means a weapon of any description, irrespective of size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a sub-machine gun, and also includes any convertible pistol that is equipped with a pistol converter.”

“Convertible  pistol" means any semi-automatic pistol that can be converted into a machine-gun solely by the installation or attachment of a pistol converter.

Note how the second paragraph reads; “can be converted.”  It doesn’t say “has been converted.”  Gun control advocates will certainly read this as saying a firearm only has to have the ‘potential’ to be converted and not actually have been converted.  If you legally own a semi-automatic Glock, which can potentially be converted to automatic (a machine gun) by the use of a ‘Glock Switch,’ you would be in “possession of a convertible pistol” even though it has not been converted.

And if your semi-automatic pistol is another brand and not currently convertible, you are not off-the-hook. All it would take is for some inventor, in the future, to invent a pistol converter for your firearm for your gun to suddenly become illegal, even though you have done nothing to convert it.

Subdivision 10 of section 265.02 of the penal law, as added by chapter 1 of the laws of 2013 would be amended by these bills to read: A person is guilty of criminal possession of a weapon in the third degree when…Such person knowingly possesses any pistol converter. 

S0399 had its 3rd Reading which means it is eligible for the Senate majority Leader to bring it to a vote.

A0199 is still in committee.

And all of this is unnecessary. 

The Firearms Owners’ Protection Act of 1986 prohibited civilian ownership or transfer of machine guns made after May 19, 1986.  All of these converted pistols would have been made after that date so a converted pistol is already illegal under existing law. 

But a pistol that is potentially convertible is not illegal under current law – and there’s the real reason for the proposed laws; to make all semi-automatics illegal because they are potentially convertible.

Under federal law, owning a machine gun manufactured before 5/19/1986 is legal.  But, the National Firearms Act of 1934, (which was enacted as part of the Internal Revenue Code), requires an extensive background check and paying a $200 tax when buying a machine gun manufactured before 5/19/1986. 

There are 13 states that have state laws banning possession of a machine gun even if you have the proper federal permit.  Guess which state is one of the 13? 

By the way, a pistol converter should not be confused with a Handgun conversion kit which can stabilize and fire your weapon like a rifle as opposed to being fired as a traditional handgun.

Not Coming for Your Gun?

Many gun owners do not feel the need to get involved in 2nd Amendment defense because the government “is not coming for their gun.”

Guess again.  There are proposed bills in the New York Legislature that would apply to probably every civilian firearm purchase.  Here is the math if they were all passed (and remember that the overwhelming anti-2A Democrat majorities could pass any of these and we currently have no way to stop them.)

If you want to buy a firearm at $500,

The existing federal excise tax is $55

Bill S5813 proposes an 11% state excise tax;  $55

The price you pay is $610.  (Excise taxes are buried in the merchandise’s price so you don’t see them.) 

Then you pay 8% NYS Sales tax of $48.80. 

And don’t forget the $9 CCIA fee. 

The $500 gun costs you $$667.80. 

In addition:

Bills S5974 and A5611

Add on the cost $1 million in liability insurance which will be around $400.

Bills S0658 and A4085

Add the cost of classroom and range training; $250 to $500

Bill S3981

Requires a hunting license for $22

And a drug test for ($100?)

And a mental health evaluation for ($200?) 

And a safe storage depository ($100?)

That $500 gun will cost you at least $1,500 but probably not more than $2,500. 

And that’s before you try to buy any ammo!

They are coming for your gun!

Sportsmen’s Association for Firearms Education (S.A.F.E.) sent out the following:

32 Years Is Long Enough!

For over three decades, a dangerous government policy has stripped law-abiding Americans of their Constitutional right to keep and bear arms - often without due process.

The “Schumer Amendment,” passed in 1992, handed the ATF unchecked power to permanently ban gun ownership for anyone with certain non-violent offenses or even short-term mental health commitments. This “Amendment” added to the dangerous precedent of empowering the government to act as the ultimate arbiter of our God-given rights.

But now, the Department of Justice has issued a historic rule that could restore these rights for the first time in 32 years. This is our chance to push back and ensure that gun control advocates aren’t the only voices the DOJ hears.

The window to submit public comments closes on June 18th. Make your voice count while there’s still time.

TAKE ACTION - ALERT THE DOJ. Feel free to copy and paste GOA’s comments found below.

I strongly support the Department of Justice’s rule to allow for federal restoration of gun rights pursuant to 18 U.S.C. 925(c).

If the Trump administration is serious about wanting to rein in unelected bureaucrats who have abused their power and waged war on individuals’ rights and freedom, then this rule must be implemented quickly.

Unelected ATF bureaucrats should not have the power to permanently deny certain Americans from ever exercising a constitutionally protected right to keep and bear arms.

Since the “Schumer Amendment” went into effect in 1992, thousands of would-be gun owners have been asking for their constitutionally protected rights to be restored.

It is unjust to strip those Americans of a constitutional right - for life - especially a right that provides personal safety and security, and a right that is explicitly prohibited from being “infringed” upon.

I urge the Department of Justice to move forward and fully implement this rule through the creation of a formal process to ensure speedy rights restoration

Gun Owners of America (GOA) posted this explanation which should help you understand the above:

The Department of Justice (DOJ) has issued an Interim Final Rule removing the Attorney General’s delegation of authority to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to process applications for relief from federal firearms disabilities under 18 U.S.C. 925(c). This action follows more than three decades of Congressional funding restrictions that have rendered ATF unable to process individual applications. 

The rule removes outdated regulations and is part of a broader review of firearm-related policies under Executive Order 14206 (Protecting Second Amendment Rights). Upon the interim final rule’s expected publication tomorrow, the DOJ will begin allowing individuals who are not “dangerous to public safety” to use the statute and petition to have their gun rights restored. 

Key Points of the Rule Change: 

• Since 1992, Congress has prohibited ATF from using funds to process gun rights restoration applications, making the statute obsolete. 

• ATF will no longer handle individual firearm disability relief applications under 18 U.S.C. 925(c). DOJ will instead carry out the statute and process petitions for gun rights restoration. 

• The DOJ rule goes into effect immediately upon publication and will simultaneously accept public comments on the rule before issuing a final version. 

SUBMIT PUBLIC COMMENT

Christian v James

The Supreme Court’s (SCOTUS) decision in Bruen established that the Second Amendment protects an individual’s right to carry a firearm in public for self-defense. Bruen also set a standard that gun laws must be consistent with the nation’s historical tradition of firearm regulation.

In response, New York State under Governor Kathy Hochul enacted the misnamed Concealed Carry Improvement Act (CCIA), which was an attempt to work around the Bruen ruling.  CCIA expanded the list of “sensitive places” in NY State where guns are banned to include public parks, libraries, and private property opened to the public unless posted otherwise by the property owner. Places in NY State where firearms could be carried became an exception, not a constitutionally protected right.

A lawsuit called Christian v. James is fighting the ‘sensitive place’ tactic.  The Firearms Policy Coalition (FPC) joined individual plaintiff Brett Christian and the Second Amendment Foundation to file this lawsuit against these new restrictions.

Oral arguments in the case are scheduled for:

10 AM on Wednesday June 25, 2025
United States Court of Appeals for the Second Circuit
Thurgood Marshall U.S. Courthouse
17th Floor, Room 1703
40 Foley Square
New York, NY 10007
DEBRA ANN LIVINGSTON CHIEF JUDGE Docket #: 25-384

The case boils down to the fact that New York’s sweeping bans are government overreach of the type that the Second Amendment was designed to prevent.  States cannot invent new categories of “sensitive places” to justify gun bans, especially when these restrictions lack clear historical precedent.

Labelling most of a state as a ‘sensitive place’ where firearms have been banned has become a favorite tactic of heavily democrat states like NY, Illinois, California, etc.  The outcome of Christian v. James could have significant implications for those states using ‘sensitive places’ as a gun control tactic.

A positive decision by the 2nd Circuit will only directly impact NY State but it may have influence on other lawsuits, as Christian is one of many similar cases across the USA.

Ultimately, many legal experts expect the Supreme Court will have to take on these cases.

Fellow SCOPE Patriot,  

Today, the New York State Senate will vote on Bill S00362, which proposes extending the current waiting period for all firearm purchases from three days to ten days. This bill also states that violations would be classified as a Class A misdemeanor.

I strongly urge you to contact your State Senator—regardless of party affiliation—and ask them to vote NO on this legislation.

The existing three-day waiting period is already effective, and there is no conclusive evidence indicating that a longer waiting period would enhance safety. Extending it unnecessarily burdens law-abiding citizens without delivering proven benefits.

Governor Hochul claims this bill is about protecting New Yorkers from themselves. However, this approach overlooks data, common sense, and the rights of responsible firearm owners.

Please make your voice heard today.  Please DON'T WAIT. DO IT NOW!

S00362 has a SAME AS BILL.  It is Assembly bill A03223 which was referred to the Assembly Codes Committee on January 27, 2025, with no action since.  However, the NY State Assembly's legislative term has been extended another week, through 18 June, 2025. 

We need to stay vigilant.  You can expect more legislative alerts this week and next. 

Thank you.

The Worm Turns and Turns

SCOPE published a list of the 10 most egregious anti-2nd Amendment bills proposed in the NY legislature.  It was not easy to get the list down to just ten!

It would be equally hard to name the most anti-2nd Amendment politician in NY State.  It would be difficult because there are so many ‘deserving’ politicians to choose from.  But certainly, NY Attorney General Letitia James would be a prominent part of that discussion.

One of Letitia James’ strategies is to run up the cost of lawsuits brought by NYS citizens against NY State, hoping the NYS citizens will run out of money to finance their lawsuits while she uses the NYS taxpayers’ bottomless pockets to defend anti-2A laws.

James, herself, is now the subject of a Federal Housing Finance Agency’s criminal referral over her private real estate affairs and perjury.  It has nothing to do with her official position.* 

You will probably be unhappy to know she may still be dipping into the taxpayers’ pockets to defend herself.

When the NY State legislature passed Governor Hochul’s $254 billion state budget package, it included a $10 million criminal defense slush fund that would seemingly cover any state employee 1) facing any federal “legally compulsive process” (e.g., subpoenas and so on) as of Jan. 1, 2025, 2) who can claim the federal probe is “a result of the employee’s New York State employment or duties.”

Wanna bet it will be linked to her duties; it will be defined as President Trump’s revenge for her lawsuits against him, ignoring that she it is reasonably alleged to have committed real estate fraud as a private citizen.

Deputy State Senate Majority Leader Michael Gianaris (Democrat-Queens) defended that the law is needed “because we are currently in an environment politically where the legal system, the prosecutorial system, investigative bodies of government are being used to target political enemies.”

Is he talking about the Biden administration’s “Lawfare?”  No.

Is he talking about James getting elected on the promise of using her office to “get” Trump?  No.

Gianaris seems to have missed those actions.

And the hypocrisy doesn’t stop with Gianaris.  When ex-Governor Andrew Cuomo sued to make NY State taxpayers fund his defense against sexual harassment suits, Letitia James stated, “Andrew Cuomo… believes sexual harassment was within his ‘scope of employment’ as governor. Sexually harassing young women who work for you is not part of anyone’s job description. Taxpayers should not have to pony up for legal bills that could reach millions of dollars so Mr. Cuomo’s lawyer can attack survivors of his abuse,”

When prosecuting Trump, James said, 'Everyday Americans cannot lie to a bank to get a mortgage.’  She’s right, everyday Americans can’t, but James obviously doesn’t consider herself an everyday American.

The NYS taxpayer may yet get off the hook as James has established a private legal defense fund to fight possible federal charges, so she may not need a taxpayer bailout.  Anyone potentially doing business with the NY Attorney General’s office would do well to consider a donation.

But it’s the thought that counts and NY Democrats are definitely thinking about protecting anyone who is anti-2nd Amendment.

*  Here are the allegations of perjury and real estate fraud:

James signed—under oath—on a federally backed mortgage application. 

On Aug 2, 2023, she wrote: “This property WILL NOT be my primary residence" for her Sterling St, Virginia property. 

On Aug 17, she signed a sworn declaration stating that it will be used as her primary residence.  She never moved.

It’s alleged that two top AG staffers witnessed the statement.

Did the false statement get her a lower interest rate, reduced down payment and waived reserve requirements?

In addition, James’ Brooklyn property has 5 legal units, but for 20 years James claimed only 4 units on loans, permits, and a federal loan modification.  That let her qualify for easier, cheaper loans.  

And finally, James also claimed that she was married to her father in an earlier, unrelated loan application.  How does one mistake being married to their father?

According to the 2025 NY Legislative Calendar, sessions end on June 12th.  SCOPE just received word that the Senate will adjourn on June 12th, however, the Assembly has been called back for another week; June 16th, 17th and 18th. This gives everyone 1 more week to reach out to their Assembly representatives and make their voices heard. NYS Assembly

WOW!

Unable to repeal the 2nd Amendment, the gun grabbing left has tried to neuter 2A in various way; one of which was to use the ATF to drive gun stores (FFL’s) out of business.  That effort seems to be over, for the next 3+ years.

The first paragraph of a recent ATF announcement lays it on the line, "This is not the same ATF of the last four years. We are fundamentally changing course with a renewed focus on rebuilding trust with federal firearms licensees (FFLs), gun owners, and the public by prioritizing public safety and collaboration."

Under new leadership, ATF has already taken significant steps, including:

1. Ending the Enhanced Regulatory Enforcement Policy that had targeted firearms dealers.

2. Publishing a new Administrative Action Policy that emphasizes firearm traceability and public safety and deemphasizes immaterial paperwork errors.

3. Encouraging any federal firearms licensees that had their licenses revoked or surrendered under the Enhanced Regulatory Enforcement Policy to reapply. Those applications will be judged under the new Administrative Action Policy.

4. Removing revoked FFL inspection reports from ATF’s public website.

5. Instituting a NICS alert policy that restricts use of NICS alerts to federal firearms trafficking violations.

6. Establishing a Senior Industry Partnership Advisor/Liaison within the Office of the Director to address industry concerns and foster productive engagement.

7. Establishing a classifications board and requiring all new firearm classifications to be reviewed and approved by the Office of the Director prior to publication.

8. Ensuring that all rules fairly implement congressional statutes rather than create entirely new laws by administrative order.

9. Improving response time from the Firearms & Ammunition Technology Division (FATD) to FFL inquiries.

10. Reversing a ban on the importation of non-lethal training ammunition.

Additional efforts currently in progress include:

1. Publishing an updated Commerce Report.

2. Updating ATF Form 20 (Authorization to Transport Firearms) into a simplified notice-based system.

3. Updating and simplifying ATF Form 4473 to make it more concise and user-friendly for both purchasers and FFLs.

4. Publishing an open letter on changes to the Brady Chart.

5. Ensuring uniformity in dealer inspections and enforcement across regions.

6. Publishing an open letter reversing a ban on the importation of dual use barrels.

7. Publishing a ruling to allow electronic signatures on NFA forms.

8. Reviewing all current regulations to identify and eliminate outdated or unnecessary rules.

This isn’t Joe Biden’s ATF anymore!

Unfortunately, politicians in New York State will still be using every possible trick to neuter 2A, including running FFL’s out of business, as long as the current NYS regime is in power.  But getting the federal government off-our-backs is “a giant step for mankind.”

SCOPE Activities in May, 2025

    Relationships matter and are essential.  On Wednesday, May 7th, 2025, several SCOPE officials traveled to Albany to meet with New York State Senate Minority Leader Senator Rob Ortt, along with Senator Joseph Griffo, Senator Mark Walczyk and their staff.  During the meeting, SCOPE presented its list of the Top Ten Most Egregious Firearms Bills currently being debated in Albany.  The discussed covered several proposed bills, including Assembly Bills A00929, A02228/S03562, S00418/A01774, S00658/A04085, A00346, S05813, A03376, A01210/S00362, and S01358.  Senator Ortt and his colleagues expressed their opposition to all the bills on the list.  Furthermore, Senator Ortt directed his staff to ensure SCOPE is notified whenever any of these bills are scheduled for debate.  A meeting to brief New York State Assembly Minority Leader Will Barclay is also in the works. 

    We are in the danger zone.  This is the period between when the budget is finished and the end of the legislative year.  This is the time when firearms legislation gets signed in the middle of the night.  One such bill moving forward is Senate Bill S04277.  New York State Senate Bill S04277 seeks to prohibit the possession of certain .50 caliber firearms and directs the New York State Police to implement a buyback program.  Under this program, individuals who currently lawfully possess these firearms could surrender them to a designated officer in exchange for fair market value compensation.  SCOPE opposes this legislation, arguing that banning a single caliber sets a precedent for broader firearm restrictions.  Moreover, they note that .50 caliber firearms have not been used in any crimes in New York State.  The bill could also negatively impact shooting sports communities, such as those involved in long-range competitions.

    Although S04277 was not originally included in SCOPE’s “Top Ten Most Egregious Firearm Bills”, recent developments may warrant its addition.  On Tuesday, May 20, 2025, the New York State Senate Codes Committee advanced the bill in a 9-4 vote, split along party lines.  It now awaits further action.  According to Senate rules, the Senate Majority Leader, Andrea Stewart-Cousins, will decide whether the bill proceeds to a floor vote.  As of today, Thursday, May 29, 2025, there are seven (7) legislative days remaining – June 4-6 and June 9-12.  Notably, there is no companion bill (“same as”) currently in the New York State Assembly.

    SCOPE leadership continues to engage with county federations, SCOPE chapters, and local rod and gun clubs throughout New York State.  On Thursday May 8, 2025, I addressed the Ulster County Federation where approximately 45 representatives from various rod and gun clubs in the county were in attendance, including the SCOPE County Chairman.  The primary goals of the visit were to gauge interest in forming a SCOPE chapter in Ulster County and to encourage increased SCOPE membership.  During the presentation, I outlined SCOPE’s five (5) key priorities, SCOPE’s Top Ten Most Egregious Firearms legislation, and how SCOPE accomplishes its mission.  Membership applications were handed out and 6-8 people signed up as new members. SCOPE visits to other counties and SCOPE chapters are planned for the near future.

    Planning for the 2025 SCOPE Banquet is underway.  The event is set to take place on Saturday, September 27, 2025, at the Veterans of Foreign Wars (VFW) Post 6778 in Palmyra, New York.  A tentative program includes a social hour from 5:00PM – 6:00PM, Dinner from 6:00PM-7:00PM, Guest Speaker(s) from7:00PM-8:00PM, Awards from 8:00PM-8:20PM, Raffles 8:20PM-8:55PM, and closing remarks at 9:00PM. Menu and cost will be determined soon.    

    It is essential that 2nd Amendment supporters engage not only with like-minded individuals but also with elected officials and members of the public who may hold differing views.  With that goal in mind, SCOPE is launching an effort in which its representatives meet with policymakers who have opposing perspectives on the 2nd Amendment.  These meetings will focus on discussing SCOPE’s “Top Ten Most Egregious Firearms Legislation” to foster dialogue and promote understanding.      

    As part of its mission to defend the Second Amendment rights, SCOPE works to keep both members and the public informed about politicians and legislation that impact gun ownership. With the fundraising season underway – and many SCOPE chapters setting up tables at fairs and field days – a power point presentation has been created to highlight SCOPE’s Top Ten Most Egregious Firearms Bills, helping educate the public on critical legislative threats.   The power point presentation was emailed to all SCOPE county chairman to use as they see fit.  During the General Brown Field Days, from 30 May through 1 June, the Jefferson/Lewis County chapter of SCOPE displayed the power point presentation on an electronic loop, running all day on a large screen TV. 

    Membership is improving but still lags with younger generations.  To improve membership with younger generations, SCOPE wants to develop a social medial plan. To do that, a social media plan committee formed this month to begin work.  More to follow in the coming months.

    Several significant federal and state gun-related developments occurred over the last month.  At the federal level, the U.S. House of Representatives passed H. R. 1, also know as the “Big, Beautiful Bill,” which incudes a provision in Section 2 that removes suppressors from regulation under the National Firearms Act (NFA).  Meanwhile, in New York, the state imposed $16,000 in penalties and fees on Walmart on May 28 for selling and shipping “realistic toy guns” that were black, dark blue, silver, or aluminum – colors that make them resemble real firearms.  Under New York law, toy guns must be brightly colored orange or made entirely of transparent or translucent materials.  This requirement was enacted in 2022. 

    SCOPE is making a significant impact.  I want to extend my sincere thanks to all SCOPE members for generously giving their time, talent, and treasure to support and defend the Second Amendment in New York State.

John R. Elwood
SCOPE President

Bill Updates 4.27.25       A few words about the legislative process.  There are so any anti-2A bills in the New York legislatures that it is hard to be current on all of them.  Most on the 10 worst are still in committees but a few of them - and some others – have advanced beyond committees and are, currently, the most dangerous.  Below is a list of those beyond committee in at least one legislature.  A01210/S00362 – Establishes a ten (10) day waiting period from contact of the New York State National Instant Background Check System (NYS NICS) before a firearm, shotgun or rifle may be delivered to a person. S0362 in Senate eligible for a vote A1210 in committee S4277 in Senate eligible for a vote No companion bill in Assembly S3385 in Senate eligible for a vote A1962a in committee S0399 in Senate eligible for a vote A0199 in committee S0399 in Senate eligible for a vote A0544b in Assembly eligible for a vote A1191 Passed Assembly and referred to Senate S1455 In committee SCOPE previously reported on the 10 Most Egregious Proposed bills in the NY Legislatures.  There were many others that did not make the 10 worst list but were still dangerous to 2nd Amendment rights. 1-Newly introduced bills are first sent to a committee where they will can sit indefinitely until the committee votes to send them to the full legislature for their vote.  2-In the legislature, the bill must wait 3 days (referred to as 3 readings) before any action can be taken.  3-Then it becomes the Majority Leader’s / Speaker’s decision if the bill will be brought to a vote.  4-If the legislative body approves the bill, it is sent to the other legislature for their consideration.  (Note – there may or may not be a ‘companion’ bill already in existence and working its way through that legislature.) 5-The Governor can issue a ‘Message of Necessity’ declaring an emergency and the above process goes out the window.           S04277- Prohibits the possession of certain .50 caliber firearms. S03385 / A1962a - Establishes violations for the failure to safely store rifles, shotguns, and firearms in the presence of a minor or a prohibited person; repeals certain provisions relating thereto. S0399 / A0199 - Makes it illegal for certain persons to possess or sell a pistol converter or a converted pistol. S1985 / A0544 - Requires police officers to take temporary custody of firearms for not less than one hundred twenty hours when responding to reports of family violence. A1191 / S1455 - Requires the division of criminal justice services to certify the technological viability of personalized handguns and to establish requirements related to the sale of personalized handguns; defines personalized handgun; requires the division to establish and maintain a roster of all personalized handguns approved for retail sale to the public; requires the division to report to the legislature on the technological viability of personalized handguns. There are 9 scheduled days left in this legislative term.  They are: 28-29 May; 4-6 June; and 9-12 June. Members should consider calling or E mailing their legislators about these bills.

NYS Assembly NYS Senate