April 2001
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OCShooters
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News
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I got back on the 23rd from my trip..
CLICK HERE TO LINK TO LINK TO THE
NEW YORK STATE RIFLE & PISTOL ASSOCIATION
LEGISLATIVE REPORT  BY JACOB J. RIEPER, LEGISLATIVE DIRECTOR
NOTE : PDF FORMAT
CLICK HERE TO LINK TO
NEWSLETTER MAIN INDEX OR
  JANUARY, FEBRUARY, MARCH
CLICK HERE TO LINK TO
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 

U.S. Service Rifle Small Arms Firing School (SAFS)
TWO DAY CLINICS:
TWO LOCATIONS - TWO DIFFERENT WEEKENDS - 
April 8-9, 2001 @ Peconic River Sportsmen's Club, LI, NY
OR
April 21-22, 2001 @ Camp Smith, Peekskill, NY
SHOOT M1, M14 (M1A), & M16 (AR15)
Click here to link to the NRA Friends of the NRA web page for general info.
MID-HUDSON FRIENDS OF NRA
APRIL 28TH, FISHKILL, NY
(845) 297-8523
SOLD OUT
Send in your money early next year.


Set your calendar for Monday, June 25th for the Orange County Sportsmen Federation, Inc.'s Golf Classic

A REMINDER OF GOV. MARIO PATAKI'S
NEW GUN LAW
PL 400.10 1.  "(a) Any owner or other person lawfully in possession of a firearm, rifle or shotgun who suffers the loss or  theft  of  said  weapon  shall within  twenty-four  hours  of the discovery of the loss or theft report the facts and circumstances of the loss or theft to a police  department or sheriff's office."
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


PLEASE CLICK HERE TO READ LAST MONTHS MARCH ON ALBANY REPORT.  IT IS A MUST READ.
   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 during the March on Albany 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.
NEW LINK added to LINKS 2 page.
Black Man With A Gun & TENTH CAVALRY GUN CLUB
Promoting legal and safe gun ownership in the Black Community.


May 1st deadline for registration of Striker 12, Streetsweeper & USAS-12 Shotguns
If you own one of these Shotguns you must register it.  It falls under the NFA rules and you will be in big trouble if you own one that is unregistered after May 1st and don't think that they are not going to come looking for you.  The form requires that:  "The Chief of Police, Sheriff, or other official acceptable to the Director must complete the “Law Enforcement Certification” below. ..." who must sign "I have no information indicating that the maker will use the firearm or device described on this application for other than lawful purposes. I have no information
that POSSESSION OF THE FIREARM DESCRIBED IN ITEM 4 ON THE FRONT OF THIS FORM WOULD PLACE THE MAKER IN VIOLATION OF STATE OR LOCAL LAW."  From what I have been told in the past, the FBI takes a dim view of an official who will not sign off on the form because they do not like the gun or a person having one but at this time a delay might be as good as not signing the form.  If that happens you have to try to get it to a Class 3 FFL holder and then pay them for the work + the $200 fee to get the gun back.  You will also need your fingerprints done.
Striker 12USAS 12
You only have a few days left and it will take you several days to do the registration.
Click here for the ATF Press Release

ORANGE COUNTY
NEW YORK STATE
NATIONAL


LINKS
CLICK HERE FOR NRL-ILA HOME PAGE
NRA ALERTS & NEWS ARTICLES
The Firearms Coalition Alerts Log, (http://www.nealknox.com/alerts/  )

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Never fear, Gov. Mairo Pataki is on the way.
    If you want to see Gov. "We don't no stinking gun owners votes" Mairo Pataki on May 18th, 2001 at the Duck Cedar Inn at 549 Route 17 in Tuxedo.  The Gov will be the guest of honor for a fund raiser for Edward A. Diana in his quest for the Orange County Executive position.  You need to respond by May 10.  MCPT and mail to:  Citizens for Diana, PO Box 4199, Middletown, NY 10941.  PS: If someone whats to send me the $100 I will go.

Crime Victims Tree Planting and Ceremony, April 25, 2001

    On Wednesday, April 25, 2001

6:30 pm - Tree Planting at Chester Community Park
7:00 pm Candlelight Vigil at the Chester Presbyterian Church
7:30 pm Victim Roll Call
    Please note:  Speech Content man NOT be appropriate for younger children.
    For more information contact Orange county Crime Victims' Assistance Program 291-4780, Patricia Bodnar, Chairperson at 783-2960 or Chief Brian Jarvis, Co-Chairperson at 469-4562.

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New York Appeals Court Makes Major Ruling in Our Favor
 Subj:     Major NY Court Victory
 Date:  4/26/2001 1:08:11 PM Eastern Daylight Time
 From:  pwbrophy@juno.com (Patrick W Brophy)
    Today the New York Court of Appeals (our state's highest court) released  its decision in the matter of Hamilton v. Beretta, better known as the  Brooklyn, or Eastern District, Firearms Litigation.  In short, the Court  held that the plaintiff's theories of liability were all without merit.   Gun manufacturers will not be held liable under New York law for criminal  misuse of their products.  The decision also added, perhaps superfluously, that the market share theory of damages used by Judge Weinstein to fund awards for crime victims when the specific weapon used could not be identified, was inappropriate.  Complete victory.

 The decision: http://www.law.cornell.edu/ny/ctap/I01_0040.htm

 Best to all,
 Patrick W. Brophy
 Co-Director, NYC Region, NYSRPA

This is what Hand Gun Control had to say:

    New York's highest court overturned a $4 million jury verdict in Hamilton v. Beretta U.S.A. Corp., finding that the plaintiffs had presented insufficient evidence to prove their case. The court left the door open to future cases against the gun industry, holding only that plaintiffs had failed to establish that the gun industry had a duty to protect handgun victims "given the evidence presented" in this specific case. The ruling, while a setback to the victims of gun violence in this case, is unlikely to have a significant impact on other lawsuits against the gun industry, as the other pending suits are based on a stronger evidentiary record than was presented in Hamilton. The ruling was also limited to a decision on plaintiffs' negligence theory, and did not rule on cases brought under a products liability theory. The court concluded, "Whether, in a different case, a duty may arise remains a question for the future."


However the quote they use is really taken out of context and would imply an open door where in reality all the quote represents is the crack at the at the bottom of a closed door.  The full quote is:

   ... Rather, a morecompelling policy reason -_ as was shown in the DES cases _- is required for the imposition of market share liability.
     Notably, courts in New York and other jurisdictions have refused to extend the market share theory where products were not fungible and differing degrees of risk were created (see, e.g., Brenner v American Cyanamid Co., 263 AD2d 165 [lead pigment used in paint]; Matter of New York State Silicone Breast Implant Litigation, supra [silicone breast implants]; DaSilva v American Tobacco Co.. 175 Misc 2d 424 [cigarettes]; see also, Sanderson v International Flavors & Fragrances, Inc., 950 F Supp 981 [CD Cal  1996] [perfumes containing different aldehydes]; Doe v Cutter Biological, 852 F Supp 909 [D. Idaho 1994] [blood clotting agent]; 210 East 86th Street Corp. v Combustion  Eng'g. Inc., 821 F Supp 125 [SDNY 1993] [asbestos]; Skipworth v Lead Indus. Ass'n, Inc., 690 A2d 169 [Pa 1997] [lead paint pigments]). Similarly, plaintiffs here have not shown a set of compelling circumstances akin to those in Hymowitz justifying a departure from traditional common-law principles of causation.
    This case challenges us to rethink traditional notions of duty, liability and causation. Tort law is ever changing; it is a reflection of the complexity and vitality of daily life. Although plaintiffs ave presented us with a novel theory -- negligent marketing of a potentially lethal yet legal product, based upon the acts not of one manufacturer, but of an industry - - we are unconvinced that, on the record before us, the duty plaintiffs wish to impose is either reasonable or circumscribed. Nor does the market share theory of liability accurately measure defendants' conduct. Whether, in a different case, a duty may arise remains a question for the future.
CLICK HERE TO SEE MY SUMMARY OF Hamilton v. Beretta NY Court of Appeals decision.

Sen. H. R. C****** will be speaker ar Albany MMM March.
    Nothing like an anti-gun rally to bring out our new Senator.  I hope that you can make it to Albany on Mothers day to attend the Second Amendment Sisters Rally at the base of the Egg at the Empire State Plaza.

MID-HUDSON FRIENDS OF NRA Dinner in FISHKILL, NY SOLD OUT
    If you though that you would get a chance to see Pres. C. Heston make a speech at this dinner you are too late.  It is today sold out and SRO and they do not have a bigger place to move to.  It is the biggest dinner in NY State and really has some great prizes.
    You will have to go to the WESTCHESTER-PUTNAM FRIENDS OF NRA DINNER, JUNE 4, 2001 - 6 pm to 10 PM
Tickets $35.00  Call (914) 773-1832 for more info.

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FEC Looks at Schumer's $$ Books
   Report Reveals $1 Million in Errors; Democrat Blames Sloppy Accounting
4/23/01 Roll Call For a person who expects gun owners to know all of the laws and to be punished if we mess up, he sure does sing a different tune when a Federal Election Commission's audit of his 1998 Senate campaign revealed excessive contributions totaling nearly $1 million.  A Schumer spokesman downplayed the audit's findings, saying, "Senator Schumer regrets any errors that were made bookkeeping errors."  Try using that excuse if you break any of the gun laws that UpChunk Schumer wants to pass.
CLICK HERE TO SEE THE WHOLE ARTICLE IN ROLL CALL

McCain and Liberman to call for new gun control.
    The NRA is reporting that Turncoat McCain is going to get together with Liberman to call for new gun control laws.  The main push is going to be for a 72 hour waiting period.  While I do not think that much will happen soon, it shows that they are not giving up.


Rosie O's new poll
    As part of the start of her new Magazine, rosie, has as her top issue GUN CONTROL.    Please visit her web page and take the time to read the articles and then vote.  (They keep track of where you go and how long you spend on a page.)  You can choose from 4 votes "I'f for gun control""I think everyone has a right to own a gun with no restrictions.", "I think it's okay to own a gun, provided the owner is licensed to carry a weapon.", and last but not least, " I think it's okay to own a gun, provided there are background checks at the time of sale."  (I think that when she uses the word "GUN" she really meant to use the word "HANDGUN".  I do not know of any state that gives a license to carry a Shotgun.)
    You will have to cut and paste the address.  I do not want to have a direct link from my web page.
http://www.rosiemagazine.com/
then click on ROSIE'S CAUSES


 
 Times Herald-Record
ALBANY, NY TIMES UNION
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