March 2001
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CLICK HERE TO LINK TO LINK TO THE
NEW YORK STATE RIFLE & PISTOL ASSOCIATION
LEGISLATIVE REPORT #4, 2/24/01 BY JACOB J. RIEPER, LEGISLATIVE DIRECTOR
NOTE : PDF FORMAT
CLICK HERE TO LINK TO
NEWSLETTER MAIN INDEX OR
 DECEMBER, JANUARY, FEBRUARY
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ORANGE COUNTY SHOOTERS
MAIN PAGE
Other places to go to get News
SCOPE provides Current Firearms News, Updated Daily!
Plattsburgh Rod & Gun:   Regional News  &  Guns in the News
Keep and Bear Arms Homepage
CLICK HERE TO LINK TO A LIST OF CURRENT PENDING LEGISLATION IN NY
PROVIDED BY
PLATTSBURGH ROD & GUN 
COMPUTER FAIRS: OC FAIRGROUNDS MARCH 18TH


ORANGE COUNTY FRIENDS OF THE NRA DINNER, MARCH 31
Kuhl's Highland House, Middletown, NY
Tickets are only $30.00 but you will have a great time.
Bring some extra $ and get in the Auctions, Bucket Raffles and other contest.
Almost everyone wins something.
You can donate something or chip in with me to buy a prize.
Call 782-0377 or 534-4759 for tickets or
CLICK HERE FOR MORE INFO

Eddie Eagle Logo with link
I just found a new
Eddie Eagle web page
that you might want to visit.
Click on the logo
to visit the
page.
Hello to the visitor from:
20 Mar, Tue., 17:xx:xx, xxx.hss.edu
Hospital for Special Surgery (HSS)
I had my shoulder done there.
Set your calendar for Monday, June 25th for the Orange County Sportsmen Federation, Inc.'s Golf Classic

SCOPE is collecting money for a lawsuit against Pataki and the State of New York over the new gun laws.
Please help:  CLICK HERE TO SEE THE PRESS RELEASE

NYCC MARCH ON ALBANY REPORT
     About 30 people made the trip on the free bus from Orange County.  Carmen Heitczman did a good job and should get a big thanks from everyone.  I know that it was during the week but with the number of gun owners in Orange County, almost 40,000 hunting and fishing licenses sold in Orange County last season, the number of retired people and the number clubs you would think that we could get just a few more people.  Try to go next year.  Total numbers for the event were from 250 to 400 but with that few number of people from across the state what does it matter.
     The biggest news was that the license fees will not be raised this year with the NY Senate choosing to use money from the surplus of the general fund to make up the shortage.  The big worry is that if the license fees do not pay for the programs that we support and outside money is used to pay for the programs, at some point the outside money will want to have a say in how the money is spent.  (I can see some person from PETA making some demands to the DEC because "It is our money being used in these programs.")
     How licenses are issued will be undergoing a big change as the computer age finally impacts this area.
     We were disappointed that we could not meet with all of the people we had appointments with but that is always a problem.  We were able to meet with Sen. Larkin and Morahan and Assembly Members Kirwin and Calhoun.
   I was not able to go to the Kirwin meeting and the Calhoun meeting was delayed but she was able to meet with us and gave us some information on the new land acquisition.  NY State spent $2.5 million of your money for 2,458 acres on Schunnemunk Mountain.  (While at the same time they are still trying to sell 2,000 acres of the Stewart  Buffer Lands.)  One of the problems with the acquisition is that hunting will not be allowed on the land for at least the next 20 years and maybe forever.  We are still waiting for all of the details.
     Our meeting with Sen. Larkin and Morahan was very disappointing.  Sen. Morahan, famous for promoting and voting for the AW ban in the Senate, said that no new gun legislation will pass this year.  One of our goals is to have pistol licenses valid throughout the state including NYC.  He said that that was not possible and that we should not even look at it but the reason he used, that NYC and other major anti-gun cities would want to say how licenses were issued across the state, did not make any sense. 
     All that we are asking is that the current section of the Penal Law 400. section 6 "License:  validity.  Any  license  issued pursuant to this section shall be valid notwithstanding the provisions of any local law or  ordinance.  ...   A license to carry or possess a pistol or revolver, not otherwise limited as to place or time of possession, shall be effective throughout the  state, except  that the same shall not be valid within the city of New York unless a special permit granting  validity  is  issued  by  the police commissioner of that city."  be amended to delete "except  that the same shall not be valid within the city of New York unless a special permit granting  validity  is  issued  by  the police commissioner of that city."  I know that NYC will not like people from the rest of the state walking around with unrestricted licenses but that could be covered.  It is ridiculous that we are not able to shoot at a range in NYC when we hold a valid license.
     Another disappointment from Sen. Morahan's statement is that bills like A-761 that would improve the law covering the new CoBis, (gun DNA program), by allowing an FFL to appoint an agent or employee to take a non-complying firearm to the State Police to be tested have no chance of passing.  Right now the FFL holder is the only person that can take a non-complying gun to be tested.  This really amounts to harassment of FFL holders because they have to take the 2 or 3 hours that it will take to drive to the test location and wait while the gun is being tested.  One gun dealer I know spent 1 1/2 to 2 hours plus mileage having two S&W 22As tested that he might make $50 to $75 gross total on both.
     Also left out would be S576.  Sen. Larkin is a cosponsor and this bill would allow anyone of any age who wanted to to receive handgun training at a range under supervision.
     I want to thank everyone who went.  I think that we did have a good time and that we got to meet other people from across the state.  Please try to go next year.
    It really looks like Gov. "Mario" Pataki thinks that he does not need the sports person's vote to be reelected next year.  We have a long way to go but the feeling that I got was not one that the Pataki had told any of the legislators that they should promise us anything or even be positive about any of the bills that we support being passed.  Not even the bills that would just correct specific problems and will have no impact on crime.  Things will be worse if a Democrat is elected but that is really going to be a hard sell to anyone that I have talked to.  It may not be logical but for the people that follow the gun control issue, they may not vote for a Democrat but they will not pull the lever for "Mario" Pataki.  Let me know what you think.
ORANGE COUNTY
NEW YORK STATE
Hunting licenses in Fifth-ranked New York declined by 2 percent to 693,516 in 1998
NATIONAL
The Million Mom organization, laid off 30 of its 35 employees on Friday, March 9th
LINKS
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NRA ALERTS & NEWS ARTICLES
The Firearms Coalition Alerts Log, (http://www.nealknox.com/alerts/  )

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Smith & Strebel in Monroe out of gun business.
    Between getting older and new state regulations, Smith & Strebel in Monroe is no longer selling any guns except for a few air guns.  Thanks you Gov. Mario Pataki.  The hardware store is still open.

Sisters Push Women To Shop and Shoot article
in Times Herald-RecordWoman shooter picture, AP PHOTO
    While normally it should not be a story that a newspaper an AP has a somewhat balanced article about guns when the story is in the T H-R it is news.  On Friday, March 23rd on page 29 the Record had an article about a Introduction gun safety course that a gun club in Michigan had aimed at women and the T H-R even included the following picture.  They did not even include the normal quote from an antigun group but the last sentence did include a quote that the anti-gunners are trying to block the new Michigan shall issue law.
CLICK HERE TO LINK TO THE ARTICLE

More Times Herald-Record HYPOCRISY
    In the Sat. March 17th edition of the T H-R on page 2 they had a section on readers react to the Sean "Puffy" Combs acquittal. "I'v met him before, and I was at his house once when he lived in Westchester.  He's a cool guy, and I'm extremely happy about the verdict.  I don't care whether he had the gun or not;  I'm just happy he got off.  The only reason they were going after him is because of who he was."  Warren Dews, 31, Middletown, Times Herald-Record Manager.
    This was followed on Sunday by a large anti-NRA, anti- Charles Heston cartoon and a very long article about how good the Smith & Wesson gun control deal was and how horrible the NRA, other gun dealers and gun owners were that they did not support the deal and that it is our fault when the school shootings occur.

County GOP to hold open discussion on SPRAWL
    John S. Hicks, Orange County GOP Chairman will be holding a "Roundtable Discussion" on Monday, March 19th at 7:00 p.m..  The topic will be "Sprawl: How Did We Get Here & Where Do We Go From Here?"  This would be a good time to bring up the idea that we need to keep open land that we can hunt on and use in other ways and that the clubs that rent the land to hunt on are helping pay for the cost of keeping open land.

T H-R wants additional laws to punish gun owners
    Surprise! Surprise! Surprise! The T H-R wants new laws to punish gun owners when their guns are stolen and used without the owners permission.  Forget the fact that California has gun lock up laws that have cost children their lives. Forget the fact that you can charge someone if they are negligence with current laws.  Last week, a disturbed 19-year-old California college student killed four classmates and injured another with a car but I do not remember the T H-R asking for new laws to punish the kids parents who supplied the car.  In September of last year in California a man with a pitchfork killed 2 children and the older sister was prevented from getting her parents gun because the guns were locked up according to California law. PLEASE WRITE THE RECORD!!
CLICK HERE TO SEE THE EDITORIAL
Click here to see the article from 9/00 where 2 kids lost their lives because of locked up guns.

Mr. John Neumann is new Legislative Assistant in Ben Gilman's DC office.
Brian Walsh, in Rep. Ben Gilman's office, has gotten a promotion and will be the Official Press Secretary starting in early April.  We hate to see him go but we are sure that he will do an excellent job in his new position.  His replacement as Legislative Assistant will be Mr. John Neumann was promoted from his current position as Assistant to the Chief of staff.  John is from Morris County NJ via Japan.  We know that he is going to someone who will be able to help us gun legislation information whenever he can.

Radio News
    I, your web master, will be/was on the radio talking up the March on Albany and the upcoming Friends of the NRA Dinner, the OCFSC Golf outing and other topics. 3/8/01, WALL, Middletown, NY  1340AM from 8 AM to 8:30 AM; 3/8/01 WTBQ, Florida, NY  1110AM from 11 AM to 12 Noon, 3/12/01 WGNY, Newburgh, NY 1220 AM from 9 AM to 9:30 AM.  Try to tune in and let me know what you think.  George

Youth rifle program continues, thanks to adults
 By David Dirks
Times Herald-Record 3/4/01
    Every Sunday David Dirks writes an Outdoors column for the T H-R.  On Sunday 3/4/01 he covered the Delaware Valley Junior Rifle Club that Earl Kinney saved by building them a range in his building when the club lost its High School rifle range.  CLICK HERE FOR THE WHOLE ARTICLE

Deer totals for Orange County
We have the deer harvest numbers for 2000.
1999 2000
State Wide 125,392 bucks
255,959 total
140,631 bucks
294,646 total
Orange County 3,386 bucks
7,152 total
3,752 Bucks
8,229 total
Auto estimated 50,000
to 60,000 total
    A report for the whole state can be found at the DEC website or by calling the DEC at Region 3, 845-256-3098.

T H-R Calls for registration of all handguns in America
    After the shooting in outside of the White House in Washington, (were all handguns are banned,)  D.C., the T H-R had an editorial under the banner, "Secret Service agents do a great job. Gun control laws would help them.", on Feb. 9th that called for the registration of all handguns , "And it would be an appropriate way to salute the people, (Secret Service & U.S. Park Police), who protect the president."
    Robert Pickett bought a gun in Indiana and drove to Washington D.C. for some unspecified reason.  Robert bought the gun legally and passed the NICS check and filled out a 4473 but the weakness in the law caused by people wanting to protect information about people with mental problems keeps the laws from being passed that would require that that information be made available.  Who to blame and punish?  The other 250+ million in this nation that have done nothing wrong.
Calling for people to write a letter to the editor.
CLICK HERE FOR THE WHOLE ARTICLE
UPDATE 3/4/01  Dennis Serpi from MasterClass Shooters, is the first person to have his letter published.  I hope that others follow.  CLICK HERE TO LINK TO THE LETTER, "Gun control doesn't work"  (it is the 5th one down.)

Local election season has started.
    People are starting their campaigns for the November elections with some local committees already endorsing candidates.  Republicans are going to be choosing their official candidates on May 29th and the Primary Elections are expected to be held in the second week of September.  Will you help.  I plan to have a ELECTIONS page and would like input from you.  200 or more people will be chosen in the November election for various county positions.  E-mail me if you want to help.

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NEW YORK STATE
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NY State License numbers for year ending 9/30/00
NY
State
Orange
County
All
Licenses
1,525,723 39,947
3 day fish 23,309 315
fishing 369,604 11,582
hunting 28,863 692
trapping 7,958 206
published 11/27/00
NY
State
Orange
County
Jr. Trapping 503 7
Big Game 136,240 3,226
Sportsman 364,814 10,476
Jr. Archery 4,197 103
Jr. hunting 21,050 521
 I have other counties

NYSCC MARCH ON ALBANY Report
    I hate to admit it but the trip to Albany was a big disappointment.  According to Sen. Morahan, "No new gun legislation will pass the Senate this year."  That even appears to include corrections like A 2761 that will make it easier for gun dealers to comply with the CoBis, (gun DNA program.)  Things were not helped when several of the meetings had to be canceled because our legislators were called into other required special meeting.
    It just looks like Gov. Mario Pataki has written off the sport people's vote.  I guess that he thinks now that the anti-gunners are a better base for him.  Just remember that our local legislators do not feel that way except that Sen. Morahan seems the easiest to urge acceptance of defeat.  No one can say that this is just not him being honest and a realist but we all remember that up until 3 days before the close of the legislature last year we were told,  "No new anti-gun legislation will pass the Senate this year."
    We had about 30 people from Orange County and around 200 to 250 people in total.  It is obvious from this poor showing from across the state that we do not carry much weight no matter how much we beat our chest and threaten them.  We really have to figure out how to get more people out.
    We did find out that the license fees will not be raised this year.
CLICK HERE TO LINK TO NYSCC
CLICK HERE FOR AN EARLIER ARTICLE FROM SYRACUSE.COM

CoBis, or GUN DNA started March 1, 2001
    Under the new law passed last year, all new guns shipped into the state after March have to come with a little packed supplied by the maker of the gun that contains one spent fired brass from the gun.  If the gun comes without the packed the gun dealer has 10 days to return the gun to the dealer or to call the NY State Police and let them know that they have the gun.  The gun dealer does not have to test fire the gun until the gun is sold and delivered to the customer.  After the gun is sold the dealer must ship the packet to the State Police CoBis headquarters.  (Several gun makers are trying to fight the law but I do not have a current report on that.)
    One local gun dealer said that several distributors stopped shipping guns into the state but I think that those problem have been worked out or will be worked out and are caused by the distributors misreading the new law and not caused because of the new law.  I called several of the major gun makers when the law passed and they said at that time that they expected to comply with the new law both in NY and in Maryland.
    This new law is stupid and will cost a lot of money, take State Police Officers off the streets and I would be surprised if it helped solve more than one or two crimes a year if that many.  At least they do not charge a fee to test fire the gun at this time.
CLICK HERE TO SEE RULE 18 AND THE STATE POLICE Cobis PAGE
 CLICK HERE TO SEE "Gun 'DNA' could solve crimes"  By Kumi Tucker  ALBANY, N.Y., March 12 -MSNBC

 UPDATE 3/22/01
    I talked to one dealer and found out that if they take a gun to be State Police, the State Police keep the brass and the bullet and seal that up.  It is allowed under the law. CLICK HERE TO SEE THE LAW

New bill might help implement new GUN DNA rules.
NOTE: From what we were told at the March on Albany, this correction to the law has little if no chance to pass.
    A 2761, sponsor D'ANDREA,  might help those who want to buy a gun that comes without the required "DNA BRASS" by allowing an "agent  or  employee" of the FFL holder who has a license under PL 400 to transport the firearm to the State Police to be test fired.  It would be a great improvement to the current RULE 18.  Right now only the FFL holder can transport a gun to the State Police testing location to test fire a new gun that does not have the required fired brass.  That would mean that the FFL dealer will have to close shop for a few hours while taking a trip to the local State Police testing site.  I have no idea if this bill has any chance of passing.  It does not have a Democrat in the Assembly to sponsor it and it does not have a sponsor in the Senate.
CLICK HERE TO SEE THE WHOLE BILL

Gov. Mario Pataki wants to make selling 3 illegal guns a felony, Silver would rather ban legal guns.
     Gov. Mario Pataki wants to change the laws that define gun running so that selling more than 3 illegal guns would be a higher felony.  (It is impossible to understand what the Gov.'s office really means because all illegal gun sales are a felony.)  (It sounds OK if the new law provides that if someone has failed to renew a handgun license they would not fall under this new law).  The proposal to lower the number of guns has been made in the past and looks like a good idea.  (See S1139/A 1211 introduced on 1/16/01 also see A5024, A 4745, S1290.) Punishing people who have illegal guns should be the goal.
     But a spokesman for Assembly Speaker Sheldon Silver, D-Manhattan, said the emphasis should be on limiting gun use. The Assembly majority supports tougher gun licensing laws and more assault weapon restrictions, said spokesman Charles Carrier.
     In other words, it is OK for Sheldon Silver for you to sell 9 handguns to gangbanger and you should not serve more than a year in jail but if you, under other proposed laws, have a magazine that holds more than 10 rounds that you legally bought for a gun you legally bought, you should go to jail for from one to seven years.  The classic, punish the legal gun owners.

CLICK HERE FOR THE WHOLE ARTICLE

Current NY Penal Law
S 265.11 Criminal sale of a firearm in the third degree.
  A  person  is guilty of criminal sale of a firearm in the third degree
when he is not authorized pursuant to law to possess a  firearm  and  he unlawfully either:
  (1) sells, exchanges, gives or disposes of a firearm or large capacity
ammunition feeding device to another person; or
  (2) possesses a firearm with the intent to sell it.
  Criminal sale of a firearm in the third degree is a class D felony.

S 265.12 Criminal sale of a firearm in the second degree.
  A  person is guilty of criminal sale of a firearm in the second degree
when he unlawfully sells, exchanges, gives or disposes of to another ten or more firearms.   Criminal sale of a firearm in the second degree is a class C felony.

S 265.13 Criminal sale of a firearm in the first degree.
  A person is guilty of a criminal sale of a firearm in the first degree
when  he  unlawfully  sells,  exchanges, gives or disposes of to another
twenty or more firearms.   Criminal sale of a firearm in the first degree is a class B felony.

S 70.00 Sentence of imprisonment for felony.
2. (d)  For  a  class D felony, the term shall be fixed by the court, and shall not exceed seven years ...
4.   Alternative definite sentence for class D ...4.   it
would  be  unduly  harsh  to  impose  an  indeterminate  or  determinate sentence, the court may impose a definite sentence of  imprisonment  and fix a term of one year or less.


Maurice D. Hinchey fighting not to loose district.
    Rep. Maurice D. Hinchey, 26th Congressional District, is worried about his seat in the coming redistricting that take place every 10 years after the census.  He has hired a lobbyist to make sure that his district is not one of the two that will will be lost in New York State because.  The new person is being paid by Maurice ("I don't know how my gun got in my carry on luggage officer") Hinchey's campaign office in NY State and is being paid $3,000 a month. Patricia Lynch has her own consulting firm in Albany that she works out of.  Needless to say  Rep. Charlie Rangle, Rep. Major Owens, Rep. Nita Lowey and others have not hired someone to lobby for them.
    It looks like they will decide to eliminate one Republican and one Democrat seat.

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Ashcroft Criticizes Video Games
By Karen Gullo, Associated Press Writer, Friday, March 23, 2001; 10:45 a.m. EST
    Attorney General John Ashcroft said Friday that video games that "literally teach shooting" and other forms of violence in entertainment are part of the problem when it comes to school shootings.
Asked whether access to guns is also a problem and whether the Bush administration should do anything to ensure that parents restrict their kids' access to firearms, Ashcroft said Friday there is money in President Bush's budget for trigger locks and to help communities put police officers in schools.
    But he said that gun laws and federal money won't solve the problem.
    "I don't want to suggest to people that trigger locks would be the only answer," Ashcroft said on ABC. The administration is "calling upon others to try and think of what they can do to be more responsible and to help curtail the culture, which apparently provides for our responses this way, which is a terrible thing."
 CLICK HERE  TO SEE THE WASHINGTON POST/AP ARTICLE

SEN. UpCHUCK SCHUMER CALLS ON NRA, GUN GROUPS TO DEVELOP SAFETY CODE FOR  FAMILIES WHO KEEP GUNS IN HOME.
"This is not about the right to own guns; it is about being responsible once you do."
    I do not know what Sen. UpChuck thinks the NRA has been doing but the mission of the NRA is to promote the safe and legal use of firearms.  I called his office and was told that he had nothing new to propose, I guess that he just wanted to get his picture in the news and he is the press's go to guy when ever they want to interview someone after a shooting of any type.
CLICK HERE TO SEE THE WHOLE PRESS RELEASE
Click here to see the article from 9/00 where 2 kids lost their lives because of locked up guns.
 CLICK HERE TO SEE THE NY POST ARTICLE

U.S. Fish and Wildlife Service may ban fishing tournaments at national wildlife refuges
    I know that this has nothing to do with shooting but it does have a lot to do with the arrogance of some of those people who work in the government and how they view the rest of us.  If you can send a letter, please do.
CLICK HERE FOR THE WHOLE ARTICLE

The Soros Foundation has produced a pro-gun control report.
    With millions of dollars to spend the Soros Foundation produced a report released in April of 2000 that shows how weak all of our gun laws are.
CLICK HERE TO SEE THE REPORT


 
 Times Herald-Record
ALBANY, NY TIMES UNION
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