To whom it may Concern; Every member of Scope - if they are not already doing it - needs to start writing and phoning their State and Local Representatives.  There is power in numbers and until our elected officials receive hundreds and thousands of messages they will not budge.  I myself write to Senator Schumer, Senator Gillibrand, Senator Cooney, Representative Joe Morelle, Assemblyman Josh Jensen and Governor Kathy Hochul on a weekly, sometimes daily routine, and President Biden and Vice President Kamala Harris when I’m really upset.  Out of these people the only individual that I believes cares to buck the system is Josh Jensen.  I would vote against the rest of them. We have illegals requiring that our school children go back to remote learning because the illegal migrant camps are overcrowded and the space in our schools is needed to house the illegals during storms.  When these illegals will be required to attend school, be prepared to watch our school budget and taxes go sky high with no input from us by the way. We have more money in our state budgets for the illegal aliens that we do for our legal residents, many who live in poverty. State Senator Cooney was pretty proud of the fact that the Monroe County area would receive $50 Million from Governor Hochul for impoverished families. This same Governor is putting 2.4 billion in our state budget for the illegals, something Senator Cooney forgot to mention. We have Governors, Attorney Generals and other officials asking our President for relief supporting the illegal population entering our country with no response. We have a Vice President telling Katie Couric on National Television that our leaders need to do something while, apparently, not realizing that she is a leader (I Think). This week on National TV, we watched as Illegal Aliens beat up a NYC policeman.  Initially four were arrested and released without bail.  As of today Thursday, seven of the 12 suspects have now been arrested with police still looking for the rest. Governor Hochul thinks the event should be looked at to determine if the illegals should be deported. Do you believe she needs to think about it?  Why were the arrested released without bail?  I can go on and on but nothing is going to change until everyone that is unhappy starts contacting their elected officials and telling them they’ve had enough. It’s very important that we keep our members informed, as you have done nicely, but it’s just as important that, after we read your messages, we also do our part and follow up and act upon your message with a phone call, email, Facebook any kind of message that confronts our elected officials with the truth which is “We don’t like what you are doing and we want you to change it”.  We need to do this because while all of this daily commotion is going on with the illegals, these same politicians that ignore the laws of our country and make a farce of their Oath of Office are sneaking in new gun bills. With Respect Ron B.

NYS Assembly NYS Senate NYS Congressional Delegation

Senate Proposed Bill S3407

At its inception, the United States Constitution was unique in that its power came from the bottom up (from the people) and was not top-down.  We became citizens instead of servants-of-the-king. 

In addition, there were many parts of the Constitution specifically designed to decentralize power.  We often think about three coequal branches of the government but there is another very important way power was diffused.  Amendment 10 says that, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”  The separation of powers between the states and the federal government is a vital part of the Constitution.

Our founders understood a simple truth, that it is easier for a tyrant to take power if it is centralized.  Decentralized power requires multiple efforts while centralized power can be taken in during one short, freakish moment.

Unfortunately, politicians being politicians, the federal government has constantly strived to increase its power, primarily by buying it from the states.  The feds offered to pay for things, relieving states of expenses, if power is transferred to the feds.  (Think highways.  Education is not a federal issue but the feds have bought their way into controlling it, too.)

The feds have also stepped in when the states abused citizens’ rights as with Civil Rights in the 1960’s.

Any excuse, good or bad, was sufficient for power hungry politicians to centralize power in Washington.

Now, the Left in Washington D.C. has initiated another power grab that would further move power from the states to the feds.

Twenty-seven states (a majority) have adopted Constitutional Carry (Permitless Carry).  Constitutional Carry reflects the will of the citizens of that state and flies-in-the-face of the Left’s efforts to disarm American citizens.  So, the Left is striking back and trying to federalize gun laws that have traditionally been state issues.    

On 12/5/2023, Senator Elizabeth Warren (D Mass.) for herself and Senators Corey Booker (D New Jersey), Ed Markey (D Mass.), and Mazie Hirono (D Hawaii) introduced proposed Senate bill S3407.  All the sponsors are Democrats from deeply Blue States.  The bill was read twice and referred to the Committee on Finance. 

Note: Whenever you see Elizabeth Warren’s name attached to something you can bet it increases the power in D.C.

Pistol Permits (or Constitutional Carry) have been state issues.  S3407 would supersede the states and require a federal license good for ten years to own firearms and ammunition.  There are numerous provisions to obtaining a federal license that are similar to Hochul’s Concealed Carry Improvement Act.

Note: there is an exception from the license requirement for lawfully possessed firearms and ammo at the time this law is implemented but if you want to buy another firearm you will need to be federally licensed.  And how will the retailer know about ammo purchases for previously owned guns?

The good (??) news for NY State residents may be that a license will not be required if a state “has in effect a process for issuing a state firearm owner’s license to eligible individuals in the State that is substantially similar to the requirements” in this law.  NY’s permit requirements are so over-the-top (unconstitutional) that we may qualify as an exception.  But if you are from a Constitutional Carry state – which is where this law is directed – they are about to find out what real bureaucracy is!

Oh yeah, if you pick up a box of .22 ammo for a friend or relative, you are a criminal under this law.

You will have to be 21 to buy a firearm or ammo.  (There a New York State bill establishing NO minimum age for a child to decide to have a sex change operation without parental consent.  [See January 29th,s email to members on ‘Natural Allies’ for more information.]  Apparently, a mental illness is not a disqualifying factor if you are doing something of which the left approves but saneness does not qualify you if the Left does not approve of your choice.)    

The bill is 281 pages long so we will only highlight a few of the other conditions.

Only one firearm purchased every 30 days.  Don’t worry about this since the added taxes and costs will make it unaffordable to buy more than one gun every 30 days.

30 percent tax on pistols, revolvers, firearms other than pistols and revolvers and any lower frame or receiver for a firearm, whether for a semiautomatic pistol, rifle, or shotgun that is designed to accommodate interchangeable upper receivers.

50 percent tax on Shells and cartridges.

Note: You will not see the taxes you will only feel them since they are hidden taxes on the manufacturer.  A $500 firearm will suddenly cost $650 (plus sales tax.)  And isn’t there some issue in the news about inflation?

Universal background checks designed to make it more bureaucratic – and thus more frustratingly difficult – to buy a firearm.  If you like working with the IRS you will love working with the ATF.

Secure gun storage for all firearms, not just handguns.

Gun Free School Zones expansion.  Apparently, mass murderers need more opportunities without the fear of someone shooting back.

Extreme Risk Protection Orders (Red Flag Laws) are federalized.  Another example of a state power being taken over by the feds.

Assault Weapons’ definition is formalized and a great many semi-automatic firearms will now be illegal. 

Note: there is an exception for lawfully possessed ‘Assault Weapons’ at the time this law is implemented but if you want to buy another ‘Assault Weapon’ you are out of luck.  And how long before previously owned ones will be illegal?

Repeal of pistols revolvers and other firearms from consumer product safety laws.

And if a direct hit on gun owners is not enough, this law will fund anti-2A propaganda.  “$60,000,000 for each fiscal year for the purpose of conducting or supporting research on firearms safety or gun violence prevention.”  Anyone want to bet on how much of $60 million will go to pro-gun researchers?

Does it seem like a lot of proposed bills that are anti 2A are being pushed on us?  The way to prevent it is to remove anti-2A legislators from the legislature.  That’s called voting.  But hey, if they haven’t come for your gun yet, why worry.  30% tax on firearms and 50% tax on ammo aren’t inflationary, right?

Spread the word to those gun owners that don’t want to get involved that this is what is happening in D.C.

NY Proposed Bills A3855 and S5763 Proposed bills A3855 and S5763 (same as bills) were introduces into the NY Legislature in February and March 2023 by Assemblywoman Chantel Jackson (D, Bronx, NYC) and  Senator Kevin Parker (D, Brooklyn, NYC).  At that time, they were referred to committee, where they have sat.  Something may be going on with them as SCOPE is hearing about activity on them in January 2024. Gun owners be warned…these are extreme anti 2nd Amendment bills that would not stand up to scrutiny under the Bruen decision.  (But constitutionality never stopped the radical Left who seem to say, “Pass it and let them bankrupt themselves suing us.”) From the official summary: Relates to establishing additional requirements to purchase a firearm, shotgun or rifle; requires a person to apply for a hunting license prior to the purchase of a shotgun or rifle; establishes additional requirements for all firearms, shotguns and rifles including taking a five hour gun safety course and exam, passing a shooting range test with 90% accuracy, providing notarized proof of a passed drug test and mental health evaluation, providing proof of purchase of firearm and ammunition safe storage depositories and passing a criminal background check.  (Emphasis added.) Specifically, to purchase a firearm, rifle or shotgun, no license shall be issued or renewed: except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true. (More on this later.)  except for an applicant who has provided notarized proof of a passed drug test by a licensed physician; (Added cost & time.  Shouldn’t the government have to prove you failed a drug test.) unless the applicant has provided notarized proof of a passed mental health evaluation by a licensed physician; (Added time & cost.  Purely subjective.) unless the applicant has successfully completed live firing instruction and a test with at least ninety percent accuracy at a shooting range using the type of firearm he or she anticipates purchasing, possessing or acquiring.  There is an exception for Honorably Discharged Veterans; (No standards for the test.  Notice that they still used traditional gender terms…the Woke police will be coming for them!) unless the applicant has purchased a safe storage depository for his or her firearms and ammunition as evidenced by a receipt of such purchase.  (If you don’t have the receipt or it was a gift, there is no exception in the law for producing the actual storage unit.)   Prior to the purchase of any rifle or shotgun a person shall also apply for a hunting license.  (Sorry, no self-defense.  You must hunt Bambi.) No hunting license for the purchase of a rifle or shotgun shall be issued except for an applicant: who is not an unlawful user of or addicted to any controlled substance as  defined in  section  21 U.S.C.  802 and who has provided notarized proof of a passed drug test by a licensed physician; (Added cost & time.  Shouldn’t the government have to prove you failed a drug test.) who has stated whether he or she has ever suffered any mental illness.  (Not every mental illness makes you a risk but it will disqualify you.)  who has provided notarized proof of a passed mental health evaluation by a licensed physician; (Added time & cost.  Purely subjective.) who has successfully completed a five hour firearms safety course. Exception for Honorably Discharged and can produce evidence of official qualification in firearms during the term of service.  (More time & cost.) who has successfully completed live firing instruction and a test with at least ninety percent accuracy at  a shooting range using the type of rifle or shotgun he or she anticipates purchasing, possessing or acquiring; (No standards for the test.) who does not have a criminal record which would otherwise disqualify him or her from purchasing a shotgun or rifle; and who has purchased a safe storage depository for his or her rifle or shotgun and ammunition.  (If you don’t have the receipt or it was a gift, there is no exception in the law for producing the actual storage unit.)   Before a license is issued, there shall be an investigation of all statements related to the requirements of this section by the duly constituted police authorities of the locality where such application is made.  (They have to investigate the truth in your statements.  Remember how efficiently and timely the new law on background checks has gone.  This puts those background checks on steroids.) For that purpose, the records of the appropriate office of the department of mental hygiene concerning previous or present mental illness of the applicant shall be available for inspection by the investigating officer of the police authority.  (When the Left was pushing legalizing drugs, it said that reporting discourages people from dealing with their mental health issues.  Let’s not encourage gun owners with a mental health issue from coming forward, it’s not like they are in a favored class, like drug addicts.) In order to ascertain any previous criminal record, the investigating officer shall take the fingerprints and physical descriptive data in quadruplicate of each individual by whom the application is made.      one standard card shall be forwarded to and retained by the division of criminal justice services in the executive department, at Albany.   A search of the files of such division and written notification of the results of the search to the investigating officer shall be made without unnecessary delay. (Good luck on that!)  Thereafter, such division shall notify the issuing officer and the executive department, division of state police, Albany, of any criminal record of the applicant filed therein subsequent to the search of its files.  second standard card, (supplied by the federal bureau of investigation), shall be forwarded to that bureau at Washington with a request that the files of the bureau be searched and notification of the results of the search be made to the investigating police authority.  one shall be filed with the division of state police, in Albany, within ten days after issuance of the license,  the other remain on file with the investigating police authority. In acting upon an application, the issuing officer shall either deny the application for reasons specifically and concisely stated in writing or grant the application and issue the license applied for. Summary reaction: You have to pass a test to exercise your Constitutional rights.  What’s next, a civics test to exercise 1st Amendment rights? Lots of added time and cost.  The recent background check laws should warn us as to what will happen. Medical practitioners are increasingly pressured to toe-the-line on Leftist issues.  A mental health exam is subjective. No procedure for challenging any of this is included.  But then again, you won’t be able to afford the challenge, anyway. Will NY State and local entities be hiring additional staff to expedite the handling of these licenses?

Natural Allies  by Tom Reynolds

2nd Amendment (2A) defenders face an increasingly leftist and extreme-bordering-on-insane agenda in the Democrat controlled NY Legislature.  The Left will do anything to promote their agenda to tear down traditional and constitutional American values.  And it is not confined to 2nd Amendment issues.  2A defenders need to be aware of some of the other insanity happening in Albany as this insanity creates natural allies to those of us opposing the Left on 2A issues.

Destroying ‘Parental Rights’ has been one of the Left’s goals and two proposed ‘companion bills’ in the NY Legislature would be a giant step forward for the extreme Left.  However, these bills should also motivate those on the right to vote these politicians out of office. (And by-the-way, these are the same politicians who would take away our 2A rights.)    

For more than a decade, New York legislators have been steadily raising the minimum age for minors to do things that have any risk.  In New York State,

You have to be at least 18:

You have to be at least 21:

Consistency never being a trait of politicians in general and leftist politicians in particular, children are now being threatened by the latest round of left-wing madness; bills A6761 and S8352 propose doing away with the age of medical consent, without parental approval.

The official descriptions of NY legislature bills A6761 and S8352 say: “allows homeless youth to give effective consent to certain medical, dental, health, and hospital services, provides for insurance coverage of such health care services consented to by such youth.“  (Emphasis added.)

Do you believe the bill’s description or your lying eyes?

A6761 / S8352 allows any medical procedure, including trans surgery, for ALL children, not just runaways and homeless minors, without parental consent.

The key language in the bill says, “Any person, including a minor, who comprehends the need for, the nature of and the reasonably foreseeable risks and benefits involved in any contemplated medical, dental, health and/or hospital services and any alternatives thereto, may give effective consent to such services for themselves, and the consent of no other person shall be necessary.”  (Emphasis added.)

Under this law, a 12 year old can decide what medical care he / she will receive, including genital mutilation surgery in the name of ‘affirmative’ health care.

Question: why is this law necessary, since a New York law already allows physicians to treat runaway youth if the child’s health is in danger and a parent cannot be reached.*  

Answer: to the Left, the law is necessary because A6761 / S8352 will cover ALL children not just homeless and runaway youth and it can be used to promote the gender confusion agenda of the Left.

This bill ‘s authors obviously believe that parents are not to be trusted with their children’s healthcare - and that the child knows better than the parents. Do children know enough about their own personal and familial medical history to make life-altering medical decisions?  Do children have the knowledge and experience to make life altering decisions? Is completely removing parental involvement in a child’s healthcare a good thing?

Oh yes, parents will still be legally responsible for the care of the child if there is any fallout or complications.

Nothing in A6761/S8532 prevents minors from being recruited for experimental procedures. There are no protections for developmentally disabled minors, especially those who are not visibly disabled.  Do children feel mentally strong enough to challenge adults promoting a political agenda?

2A defenders are no less concerned about their children’s welfare than those with no interest in 2A.  And the people endangering our children are also the people endangering 2A.  The extreme leftists have built a bridge between factions that oppose leftist goals. We need to take advantage of that bridge and work with these other groups to rid our state of this insanity.  

You have an issue of mutual interest and pursuing that issue will have the added benefit of defending 2A.

*New York Public Health Law, Paragraph 4.

Anti 2A Bills

Numerous anti-2A bills get proposed in the NY State legislature every year.   It’s educational to follow a few of them and see the various issues surrounding them.

Keep in mind that the current legislative session includes calendar years 2023 and 2024.  Any bill introduced in 2023 and not rejected is still alive in 2024.  (It dies and must be reintroduced after 2024.)

S138

On January 4, 2023, State Senator Sean Ryan, Brian Kavanagh, Iwen Chu and Julia Salazar (all Democrats) filed proposed law S138 to remove the National Rifle Association from the list of entities authorized to grant certificates as instructors in small arms practice.

S138 is the same as Assembly bill A0663

S138 was passed by the Senate on June 7, 2023 (41 to 20) and was delivered to the Assembly

Assembly has not ever taken a vote on it.

S138 was referred back to Senate Codes Committee

Note: The NRA has a decades long record of first-rate firearm instruction.  Why would it be removed from the list of eligible instructors for anything but political reasons?  This is an excellent example of the Democrat Party using its political power to punish those of which they disapprove.

S140

On January 4, 2023 State Senator Sean Ryan has also filed proposed law S140 which would revoke a license to carry, possess, repair and dispose of firearms for a conviction for failure to safely store rifles, shotguns, and firearms.

S140 was referred to Senate Codes Committee.

Note:  No conviction for any crime is necessary, just fail to store your firearm in accordance with NYS regulations and you would lose your 2A rights.  Sounds unconstitutional, but when has that ever stopped a Democrat gun grabber?

S6033

On March 27, 2023, State Senator Kevin Parker filed proposed law S6033 stating that “Any person in this state who shall own a firearm shall, prior to such ownership, obtain and continuously maintain a policy of liability insurance in an amount not less than one million. Failure to maintain such insurance shall result in the immediate revocation of such owner's registration, license and any other privilege to own such firearm.

S6033 was referred to Senate Insurance Committee.   

Note If you don’t have liability insurance you lose your 2A rights!  What’s next, needing liability insurance to exercise your 1st Amendment rights in case you offend someone?  Again, unconstitutional but that doesn’t stop the Democrats.

Here are three bills lurking in the background.  Do they have a chance of getting passed?  S138 got passed by the Senate and made it to the Assembly which is overwhelmingly Democrat but for some reason the Assembly Speaker did not bring it up for a vote.  The other two are sitting in Senate committees and could be acted upon at any time.

So, what do we do?

Democrats Kavanagh, Chu, Salazar and Parker all have districts in the NY City / Long Island area and are probably safe from 2A supporters effectively challenging them. 

However, Parker is known for violent rages and has been convicted for them and also accused of rape.  Even the far left New York Times editorial board wrote that that Parker was "known as the man with frightening rages that could erupt at any time and on almost any subject…Mr. Parker should be censured, and voters in central Brooklyn should start recruiting a qualified replacement.”

Will the Democrat Party do the right thing and replace him?  The seat would most likely still be in Democrat hands, in any case.

Sean Ryan’s Senate District 61 stretches from Buffalo's inner suburbs to the southwestern corner of Rochester and including parts of Erie and Monroe Counties and all of Genesee County.  Registration is 37.8% Democrat and 33.6% Republican, so it is relatively close.  But in 2022, Ryan won with 56.6% to 43.3% so there are probably Independents in the district who are closet Democrats.  Is he beatable with a strong candidate and support?

S138 passed the Senate on an almost straight party line vote; the only Republican to vote for it was Jack Martins, whose district is on the north shore of Long Island.  Martins is a different problem. His district registration is 40.4% Democrat to 28.4% Republican.  But in 2022 he defeated a Democrat incumbent 53.2% to 46.8%. 

Was Martins tossing his Democrat constituents a bone when he voted for S138.

The answer, again, is for 2A supporters (and others) to get motivated to vote in districts where there is a chance of victory.  Until Republican supporters of 2A get back a majority in the NY State Senate, we are in constant danger of having our 2A rights infringed.

Special Election on February 13th  by Tom Reynolds

Republican George Santos was elected to Congress from a Long Island district in 2022.  He’s memorable because he was ‘ethically challenged’ in the extreme and is now an ex-member if Congress.  (I know - I know – he was not alone in Congress in having ethics problems, but that’s a discussion for another day.)

A special election to replace Santos will be held on February 13th.

The Republicans currently have a very small majority in the House so the special election will have significant impact.  Given the Republicans’ small majority and with Republicans and Democrats sharply divided on gun control – as well as many other issues – this election is important to all Americans and of special interest to all SCOPE members.

Tom Suozzi is running on the Democrat ticket.  He said, “I’m proud of my F-rating from the NRA. We see these violent acts with guns happening much too often.”

The Brady Campaign and Giffords endorsed Suozzi and Moms Demand Action named him a ‘Candidate of Distinction’.  Brady, Giffords and Moms are all rabidly anti-2A organizations so it’s fair to say that Suozzi is not 2A friendly.

Mazi Melesa Pilip is running on the Republican ticket.  Being a political newcomer, there isn’t much available about her position on 2A.  One statement was that, on gun control, Pilip supports pro-gun interpretations of the Second Amendment, but makes clear the need for responsible regulations.

Suozzi’s campaign, in an appeal to Democrats, sees it as a negative when they say this about her, “Pilip is also running on the Conservative Party platform that opposes common sense gun reform, even red flag laws.”

Pilip spoke about gun policy in an interview with Spectrum News.  When asked about preventing school shootings, she said there are "already policies in place that we have to make sure that we coordinate between the federal and state government."

She favors an assault weapon ban, saying that while she respects the Second Amendment, she does not support automatic weapons.

So, we have one rabidly anti-2A candidate (Suozzi) running against one who is at least mildly pro 2A (Pilip).

A little about their background.

Mazi Melesa Pilip is an Israeli-American.  She was born in Ethiopia and immigrated to Israel when she was 12 years old and later served in the Israel Defense Force's Paratroopers Brigade as a gunsmith. Pilip studied at the University of Haifa, where she earned a bachelor's degree in occupational therapy, and also at Tel Aviv University, where she earned a masters degree in diplomacy and security.

Pilip has been a registered Democrat since 2012, but ran for the legislature on the Republican ballot line, serving in New York's Nassau County Legislature since 2022.

Thomas Richard Suozzi is a politician, attorney, and accountant.  He had previously served eight years as the mayor of Glen Cove. He was the county executive of Nassau County from 2002 to 2009, when he was unseated by a Republican. He served as the Representative for New York's 3rd Congressional District from 2017 to 2023. 

In 2006, Suozzi ran unsuccessfully against Eliot Spitzer for the Democratic nomination for governor of New York. 

He retired from Congress to run again for the Democratic nomination for governor of New York in 2022, losing to incumbent governor Kathy Hochul.

Since leaving Congress in 2023, Suozzi has been a ‘strategic adviser’ to clients rather than a registered lobbyist, since he was barred from lobbying Congress for two years as a former member.

A SCOPE member lamented not knowing enough about a politician’s character.  Here is a little something.

For one brief second, Suozzi was a 2A supporter.  Complaining about then President Donald Trump, Suozzi seemed to promote armed rebellion against Trump.  Suozzi said, “And then, you know, this is where the Second Amendment comes in quite frankly.”

Suozzi took so much heat for that statement, his office tried to explain, “Congressman Suozzi explained why our founding fathers created the Second Amendment as a way for citizens to fight back against a tyrannical government that does not follow the rule of law.”

I wonder if he feels the same way with Biden as President?

Suozzi had other issues, too.

The Stop Trading on Congressional Knowledge (STOCK) Act of 2012 is to prevent insider trading by Congress.  Ethics violations were lodged against Suozzi in 2021 and 2022 for failing to report $ millions in stock trades.  When Suozzi explained why he had not disclosed hundreds of stock trades in a timely manner, he told investigators: "Quite frankly, we have a lot going on in Congress. I have a lot of other stuff going on. And it's just not—ethics is a big priority for me. But…the…some of the formalities are not necessarily something I make a priority of."

Business Insider published "Conflicted Congress" (an investigation of lawmakers' stock trades and financial holdings).  Suozzi was one of only 13 lawmakers given a "Danger" rating.

In an amusing turn around, Democrats tend to run people based on race, gender, etc.  (VP Harris for example.)  But in this race, the Republican is a Black, Jewish, Ethiopian woman while the Democrat is a White male.  Will Democrats push diversity in this case?

One final thought.

This election is important to all of us because, when voting for any legislator, you are really voting for two people; the legislator and the head of the legislator’s party.  The latter might become the Speaker / Majority Leader due to the election and have enormous power over that legislative body.  A vote for Suozzi is a vote for a Democrat Speaker and a vote for Pilip is a vote for a Republican Speaker.  And you know which party’s leadership Is ant-2A.

If you are interested in donating to either’s campaign:

Mazi Pilip for Congress | Mazi for NY

Suozzi for Congress - Let's Fix This!

NEW LAWS TAKING EFFECT – JANUARY 2024 in NY State

Lots of laws took effect in January, covering more than just the 2^nd Amendment.  Here is a list of new laws that SCOPE could find.  We hope its not a partial list and there aren’t any more lurking out there.

With inflation eating up income, illegal immigrants flooding NY City and seeping into the rest of the state, crime increasing, NY citizens deserting NY for other states, high taxes, bureaucracies out of control and government agencies putting politics above all else, the NY legislature focused like a drunken sailor.  (With apologies to drunken sailors.)

Note: Bill numbers for the NY Senate and NY Assembly are shown first.

S.841-A    A.6177-A

Requires petroleum bulk storage facilities to paint tanks white or beige/cream to reduce emissions of air pollutants.

S.5685    A.4853-A

Enacts the final phase of Brianna's Law, requiring all operators of mechanically propelled vessels to complete a boating safety course.

A.3006-C   S.4006-C

Increases the minimum wage to $16 an hour in New York City and Westchester, Nassau and Suffolk counties and to $15 an hour in the rest of the state.

A.3006-C    S.4006-C

Increases the rent subsidy payable to a foster child living independently from $300 per month to $725 per month.

A.3006-C   S.4006-C

Requires the chief administrator of the courts to issue regular public reports on the demographics and charges of pretrial commitments at local correctional facilities.

S.4007-C     A.3007-C

Provides for insurance coverage for behavioral health services.

S.4007-C     A.3007-C

Clarifies the definition of a clinical peer reviewer for substance use disorders and mental health evaluations.

S.4007-C   A.3007-C

Provides for electronic visit verification for personal care and home health providers.

S.4008-C    A.3008-C

Changes the retention percentage of certain motor vehicle related fees collected by county clerks from 12.7 percent to 10.75 percent.

A.3009-C    S.4009-C

Establishes a permanent 30% metropolitan transportation business tax surcharge.

S.1331    A.4015

Provides for the synchronization of multiple prescriptions for recipients of medical assistance by allowing partial refills.

A.7690     S.7550

Requires the cure affirmation for an absentee ballot to be received by the board of elections within seven days.

S.7394-A     A.7632-A

Establishes the New York Early Mail Voter Act, authorizing registered voters to obtain early mail voting ballots through application to the board of elections; requires the state board of elections to establish and maintain an electronic early mail ballot application transmittal system through which voters may  apply for an early mail ballot online.

A.5948    S.6124

Requires a whistle to be carried on all vessels, rowboats, canoes and kayaks; and requires fire extinguishers and use of engine cut-off switches on certain vessels.

A.6480    S.6482-A

Allows an individual with disabilities or a disabled veteran to hold full-time or part-time positions for purposes of eligibility for recruitment for state employment.

A.5772    S.5162

Allows an affirmation by any person, wherever made, subscribed and affirmed by that person to be true under the penalties of perjury, to be used in a civil action in New York in lieu of and with the same force and effect as an affidavit.

A.5994-B     S.536-A

Prohibits clauses restricting research about the health consequences of e-cigarettes and restricts the advertisement and promotion of electronic cigarettes.

S.5621-B      A.2873-B

Requires reporting of certain digital assets on the annual statement of financial disclosure filed with the Legislative Ethics Commission or the Joint Commission On Public Ethics.

S.454-A     A.3116-A

Directs counties to contact a veterans' organization to provide for the disposition of the unclaimed remains of a deceased veteran when such veteran has no next of kin or other person designated to provide for the disposition of his or her remains; develops an application process for veterans' organizations to receive reimbursement of costs associated with such funeral and burial services for indigent veterans.

S.2330-B     A.345-C

Requires the Department of Financial Services to make public any rate filing or application submitted by long term care insurance carriers; requires certain notices be provided to policyholders and certificate holders regarding premium rate increases.

A.783   S.2630

Authorizes the Department of Environmental Conservation to issue a certified nuisance wildlife specialist a deer cull permit after a review of the site-specific deer management plan and upon a finding that deer have become a nuisance, destructive to public or private property or a threat to public health or welfare.

S.2599    A.133

Establishes a dyslexia and dysgraphia task force and implements the findings of such task force.

S.4234-A    A.4055-A

Prohibits utility corporations from charging customers for gas or electric service which was rendered more than two months prior to the mailing of the first bill to the customer; requires utility corporations to provide a two-year history of charges in their bills.

S.7537     A.7761

Establishes the village incorporation commission to evaluate and make decisions regarding village incorporation elections.

A.1120      S.1746

Provides for the development and implementation of programs to prevent workplace violence in public schools.

S.5775     A.5639

Requires certain trains and locomotives to have a minimum crew size of two people.

S.3567-A    A.6050-A

Permits the sale or promotional gifting of certain complementary products for wine and spirits by retail licensees.

S.1902-A   A.1245-A

Requires notice to unemployment applicants of the Supplemental Nutrition Assistance Program and the Special Supplemental Nutrition Program For Women, Infants And Children (WIC).

S.7020-B     A.10162-A

Establishes requirements for licensure as a histotechnologist.

S.5915     A.5347

Requires the Office For The Prevention Of Domestic Violence to distribute informational materials on recognizing economic abuse and the support available to survivors.

S.582        A.6798 

Prohibits the sale of sodium nitrate and sodium nitrite to any person under the age of twenty-one.

S.2683-A    A.4599-A

Allows charities to use a single table of unisex rates and a simplified calculation for maximum allowable rates for charitable annuities.

Lawsuits Aren’t All About Right and Wrong: Sometimes Strategy is a key factor.  by Tom Reynolds

Many SCOPE members – and 2A defenders in general – are confused by the number of lawsuits and rulings that are occurring.  There are some legal strategy decisions to be made which have nothing to do with right or wrong.  SCOPE would like to try to simplify some very complex behind-the-scenes issues and give you some insight into the decisions that must be made.

On December 12th, we wrote an email to members about the 2nd Circuit Court’s decisions on several lawsuits brought against N Y State.  S.C.O.P.E. Shooters Committee On Political Education - 2nd Circuit Decision (scopeny2a.org)  The decisions now faced in those lawsuits are typical of those faced by all 2A lawsuits, so let’s use it as an example.

Under this ruling, the following provisions on New York’s law are stopped by temporary injunction (enjoined):

• Requiring applicants to disclose social media accounts for review.

• The restrictions on carrying on private property that is accessible to the public, as well as the restriction on carrying in houses of worship.

• The “good moral character requirement” in place for those seeking a concealed carry permit. 

• The prohibition on concealed carry in so-called sensitive locations, a category that includes government buildings, airports, public playgrounds, schools, theaters, establishments that serve alcohol and Times Square.

Under this ruling, the following provisions of New York’s law are not enjoined and remain in effect for now:

2A advocates may look at the 2nd Circuit’s decisions and say those decisions that were not enjoined were wrong and let’s keep suing them.  But there are other considerations.

First, the recent decisions only dealt with temporary injunctions to stop enforcement of the ‘Concealed Carry Improvement Act’ (CCIA) while the court cases are being decided.  They did not decide the cases, themselves.  The ruling by the appeals court was at an early stage of the legal battle, which is seen as likely to wind up before the Supreme Court, again. 

Some other considerations:

NY and other blue states pass unconstitutional laws and basically say, ‘If you don’t like it, sue me.  I – the state – am going to run up your legal bill in an attempt to bankrupt your effort while I – the state – will operate on the bottomless taxpayer dime.’   

There is a business principle called “Opportunity Cost.”  Basically, if you use your resources (time, energy, money) on one thing, those resources are gone and will not be available for other things.  Each of these lawsuits will cost 2A advocates hundreds of thousands of dollars – approaching or exceeding a million dollars if they go to the Supreme Court.  What’s the best use of the limited financial resources available under the ‘Opportunity Cost’ principle? 

There are other factors.

Do the 2A litigants in these cases want to keep fighting for the injunctions or accept what victories and defeats we have and concentrate their efforts on winning the actual cases?  It’s been a year and a half just to get to this point and gun owners are still subject to much of CCIA’s unconstitutional laws.  (It was twelve years between the Heller decision and the Bruen decision.) 

The 2nd Circuit decision was made by a three judge panel, not the full 2nd Circuit court.  Do the 2A litigants want to appeal for a hearing on the injunctions before the full court or, if possible, go straight to the Supreme Court on the injunctions?  More time and more money, either way. 

Or do they stop fighting for injunctions and switch to fighting for the meat of the cases?

Until there is a final decision, we continue to be subject to these unconstitutional laws.  This is particularly acute in the Gazzola case which centers around retail stores. (Federal Firearms Licensees - FFL’s.) 

FFL’s are being attacked at both the federal and state level.  Federally by Biden’s  Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) which is revoking FFL licenses at an unprecedented rate, many for minor technical violations.  Under NY State’s CCIA, NY State is driving FFL’s out of business.  (GOA-NY reports that we have lost seventy-three 2A businesses in NY State this year.)  Those are businesses that will never come back in a state that is generally unfriendly to all businesses and hates 2nd Amendment businesses, in particular.  The longer this drags out, the more FFL’s that will close.

Finally, as a general rule, the Supreme Court avoids making a ruling on a constitutional issue until it has “percolated”through the lower courts. Under “percolation,” the Supreme Court normally let’s stand a lower court ruling or injunction until multiple lower courts have weighed in on a legal question that the Court is bound to decide. 

Certainly, there are other issues and each case has its own peculiar circumstances.

SCOPE hopes that this has given you some insight into the behind-the-scenes decisions that must be made.  Few want to make these decisions and it would be nice if all decisions were limited to right-or-wrong, but they cannot be avoided.

COURTS LOOKING TO REVIEW 2ND AMENDMENT LAWSUITS

by Bohdan Rabarsky

When our Founding Fathers wrote the Constitution, several states would not ratify it (New York being one of them) unless a Bill of Rights was added.  These rights were vital to the well being of a newly formed country and not one of the Founders Era would ever have envisioned having to fight for those rights 250 years later. 

Welcome to the Biden Era.

Of all the Amendments in the Bill of Rights, the 2nd Amendment has been the most under attack for many years by those wanting to gain control of the ‘masses’. To accomplish that, they first had to disarm those masses, just as Stalin, Mao, Castro & Pol Pot had done.

Recently, court rulings have been striking down anti-gun regulations created by government agencies.  These rulings resulted from lawsuits brought by organizations and individuals against various state officials or federal government agencies.

A three judge panel for the U.S. Court of Appeals for the 5th Circuit has ruled against the ATF’s 80 % Frame Rule, finding that the ATF overstepped it’s bounds in issuing it’s ruling. Fifth Circuit Delivers More Wins for Gun Owners, But Will They Stick at SCOTUS? – Bearing Arms

In another case, Garland v Cargill, SCOTUS has granted “certiorari”, which means they have agreed to review the case. In 2018, then President Trump used an Executive Order to ban bump stocks in the wake of the mass shooting which had taken place at a music festival in Las Vegas. Donald Trump and his ATF overstepped their authority in banning the bump stocks and a lawsuit followed. The suit has worked its way through the court system in the 5th, 6th and 10th Circuit Court of Appeals, before SCOTUS granted certiorari.

SCOTUS also granted certiorari to a 2nd Amendment case in NRA v Vullo. The court will decide whether the New York State Department of Financial Services violated the 1st Amendment Rights of the NRA. SCOTUS Grants Cert to Bump Stock Case – Bearing Arms

Government officials have found that, instead of trying to ban guns through legislation, which is never popular with the public, it’s easier to go after gun owners using state and federal agencies’ regulations.  This way, the government (state or federal) can use taxpayer funds while the gun owners or 2nd Amendment organizations have to raise funds to support the lawsuits. (The gun owner is paying for both sides of these lawsuits fighting for the God given right to bear arms.)

In addition, these agency regulations violate the ‘Separation of Powers” central to the U. S. Constitution, because the Executive branch is taking on legislative powers. 

Hopefully SCOTUS follows the Constitution, which they all took an oath to uphold.

A8443  by Tom Reynolds SCOPE sends out information on various gun control laws proposed federally or in NY State and usually these notices can be relatively brief and still get the message across.  But occasionally – or more often - a bill is proposed that is so outrageous and strikes so straight at the heart of the Constitution that it requires further explanation. Assemblyman Phillip Steck (Democrat 100th District – Schenectady Albany) has climbed that mountain when he proposed Assembly bill A8443. As many of us have unhappily experienced, NY State now requires a background check on purchases of ammunition which has resulted in frequent and unnecessary delays.  (All a part of Hochul’s plan?)  Many NY residents, with easy access to another state, have chosen to cross the border for ammunition purchases and bypass the NY background check and related fee.  (A reaction not unexpected by anyone.)   Under Assemblyman Steck’s bill, the NY Attorney General can bring civil and criminal actions in NY State courts against any NY State resident or the ammunition seller in another state, when ammunition is purchased in another state and it does not go through NY State’s background check. For example, a NY State resident in Waverly NY drives a couple miles south into Sayre PA and buys ammunition without undergoing a NY background check.  NY Attorney General (Leticia James) can have him and the seller arrested, in NY State. Or, a NY State snow birder in Florida buys ammunition in Florida, without a NY background check, and uses it there.  Leticia James could come after him and the seller under A8443. By the way, it is bureaucratic to get licensed to use the NY background system so an ammunition seller in another state has little incentive to do it.  And what about on-line purchases, which have to be accomplished through a NY FFL who would has to perform a NY background check.  Will the on-line seller also have to duplicate the NY background check to be legal under A8443? Basically, Steck wants to prosecute you if you legally (under the laws of 49 states and federal law) buy ammunition in another state. Imagine, for a moment, that NY State passed a law setting the maximum speed limit at 55 mph everywhere in NY State.  Afterwards, a NY State resident while in Pennsylvania drives 65 mph – where the speed limit is 65 MPH.  Using his logic, NY Assemblyman Phillip Steck believes the NY Attorney General should prosecute that motorist in NY State for exceeding the NY speed imit.  (After all, it would be good for ‘Climate Change’.) One of the reasons that the Articles of Confederation were abandoned in favor of the U S Constitution was interstate issues.  The founders knew that a federal government was necessary to handle interstate issues.  But even in the 1780’s, who would have imagined a Phillip Steck? Article I Section 8 of the U S Constitution says that the U S Congress regulates interstate commerce.  Assemblypersons take an oath of office to, “support the Constitution of the United States…”  Can we anticipate an impeachment proceeding against Assemblyman Steck for violating his oath of office? F Y I, the related parts of the bill are as follows:  A08443 “The (N Y State) attorney general shall have the power and duty to…Seek and obtain injunctive relief to prevent any individual seller of firearms or retail firearms dealer from knowingly selling ammunition to a resident of the state of New York or to an individual who purchases ammunition on behalf of a New York state resident without contacting the New York state police for authorization pursuant to section two  hundred twenty-eight of this chapter and any other law, rule or regulation. “ “The attorney general shall have the power to enforce the provisions of this  section  by  bringing  civil and criminal actions in the state courts of New York.” Obviously, SCOPE opposes this bill as should anyone who truly believes in the U S Constitution.

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