NY STATE NEWS

NYC Attorney John S. Chambers has web site

Court rules for NYC in Article 78 appeal, No "target" licenses in NYC

Move in Putnam County to increase discharge distance to 1,000 feet

Independence Party honors Schumer

Judge orders hearing on constitutionality of Nassau County's $200 pistol license fee

Dutchess legislators oppose new firearms license fee schedule

Gun owners oppose bill requiring childproof 'smart gun' technology

NAACP at it again, promotes more gun control

NATIONAL NEWS

Howard Mills starts campain against Sen. UpChuck

NRA starts new online live video show and news service

Senator Larry Craig Speaks Out On NRA Board Position

LOOK WHO'S VISITING OCSHOOTERS.COM

Orange County Pistol League final results

NOTE: OCPL dinner scheduled for Saturday April 24 has been canceled.

     More than 31,500 rounds were fired by 54 participants representing 7 teams from Orange County and the surrounding area. (Without one injury except to a few peoples pride and egos.) Everyone had a good time even considering the snow storms that we had to deal with.
     The OCPL shoots 60 rounds of 22 Cal. at Master Class in Monroe on every other Tuesday night starting in October and ending in the following March or April, skipping several weeks for holidays, for a total of 12 dates. Anyone can join no matter what your skill level is and it only takes about one hour. Call Master Class in September for more information and CLICK HERE for more information and the course of fire.
     Team scores are calculated by adding the 4 highest scores from members of shooting on each team.

T H-R finally publishes my letter to the editor.

The T H-R ran an editorial on March 4th that voiced their opinion against the bill that would end the frivolous lawsuites against gun makers and others. They did favor the renewal of the AWB and having a national background check at gun shows. I sent them an e-mail the same day that I wanted to be published in the MY VIEW section. After several weeks I called and they said that I had neglected to provide my address and phone number. (It was in the e-mail.) and then they said that they would publish it with out editing it. The published the letter but it was only 20% of the original size. When I called to complain, they said that they did not edit it and that was what I had sent them. (I do not see how I sent them what they printed but what can I do.) Below is their Original Editorial on March 4th, what I sent them on March 4th and what they published on April 6th.

March 04, 2004
A win/lose vote on guns, THR Editorial

     Such are the nuances (absurdities?) of politics in Washington, D.C., that the National Rifle Association demonstrated its still-considerable political clout in the U.S. Senate on a bill that actually represented a significant defeat for the anti-gun-control crowd.
     Tuesday, the Senate rejected a bad bill that had seemed bound for certain passage, even though the bill as amended contained three measures that a majority of senators supported.
The bill in question would have provided irresponsible gun dealers and gun manufacturers with immunity from lawsuits filed by victims of crimes. President Bush and conservative Republicans favored it, which put it on track to passage in the GOP-controlled Senate.
     Senate Democrats did not support the measure. To their credit, they managed to add two amendments to it, extending the ban on assault weapons and requiring background checks on purchasers at gun shows. Several Republicans joined Demo-crats to pass the amendments, which are basic common sense. And the president had previously said he supported both measures as well.
     But when the final bill came up for a vote, the NRA put out the word that it would not take the immunity for gun-makers if it meant banning assault weapons and requiring background checks for gun buyers. Does anybody still doubt the single-minded opposition of this group to any reasonable efforts at gun control?
     To their great discredit, most Senate Republicans caved in and voted against the bill. The good news is that crime victims will not have their right to sue gun manufacturers denied this year. The bad news is that much of Congress is so fearful of the NRA that it may let the assault weapons ban expire.
     This is also a significant discredit to Bush, who has said he favors extending the assault weapons ban and the background checks, but has ignored both as his re-election campaign neared, deciding instead to protect companies that make guns.
     The best bet now is for gun-control advocates in both houses and in both parties to forget about unwise compromises with the gun lobby and seek passage of the assault weapons ban and background checks on their own merits, which are considerable.

What I sent them on March 4th.
You can just say that you are for all gun control without having to lie about it.

     No one objects to the T H-R editorial board supporting gun control no matter how bad or meaningless it is however you don’t need to lie and misrepresent the facts as you did in your March 4th, “A Win/loose vote on guns” opinion.
     First, while you love to demonize the NRA and they are the largest pro-gun group, they only have a few million members. It is the power and combined efforts of all of the pro-gun groups both nationally, like Gun Owners of America, Pink Pistols, Jews for the Preservation of Firearms Ownership, Second Amendment Sisters and the thousands of state, county and other groups and the millions of nonaffiliated gun owners that work together to preserve our rights. You don’t think that is wrong when other special interest groups like unions, NOW, MMM and AARP do it.
     Second, the bill WOULD NOT HAVE “provided irresponsible gun dealers and gun manufacturers with immunity from lawsuits filed by victims of crimes” as anyone who reads the bill will find out. What it would do is block frivolous lawsuits funded by government bodies and well financed anti-gun groups that are attempting to bankrupt gun makers. NY’s own AG Spitzer lost a frivolous lawsuit that the appeals court dismissed saying: "… giving a green light to a common-law public nuisance cause of action today will, in our judgment, likely open the courthouse doors to a flood of limitless, similar theories of public nuisance, not only against these defendants, but also against a wide and varied array of other commercial and manufacturing enterprises and activities. All a creative mind would need to do is construct a scenario describing a known or perceived harm of a sort that can somehow be said to relate back to the way a company or an industry makes, markets and/or sells its non-defective, lawful product or service, and a public nuisance claim would be conceived and a lawsuit born. …" Another anti-gun group lost another frivolous lawsuit when the jury found that not a single defendant, (gun maker,) was found to be either intentionally or negligently responsible for a public nuisance as was claimed in the lawsuit. The only thing accomplished so far is the increase in the cost of all guns to pay for all of the lawyers.
     Third, the promoters of the assault weapons ban, (AWB,) use fear, lies and misrepresentation to support this ban. The guns that were banned shoot at the same rate of fire with the same bullets as most guns used in target shooting and hunting. Just because a rifle has a folding or telescoping stock, a threaded barrel, a pistol grip, a forward grip, or a barrel shroud does not make it any more deadly. The bill, as its supports admit, is just a first step in banning almost all popular rifles and handguns. That is why bills proposed to replace the current AWB include not only the 19 rifles in the original bill but also hundreds more that are now considered OK. People who hate guns also now claim that guns made in compliance of the AWB should now be called Assault Weapons and be banned.
     Finally, “Closing the Gun Show loophole,” could be done on a national level, like has been done in NY State, if the gun haters made some minor changes to the bill. This bill could have passed years ago except some people chose to keep a campaign slogan rather than passing it.
     The T H-R always supports all anti-gun legislation and it is interesting to note that it has not come out against Pataki’ proposed unlimited tax on all handgun licenses. The T H-R also supported NY’s CoBIS or Gun DNA program 3 years ago. So far 63,351 legal guns have been recorded at a cost of over $12,333,333 with not one gun even connected to a crime. Will the editorial board admit that they were wrong and call for the end of this program that waste tax payer money?

This is what the published Letters to the editor for April 6, 2004
Facts misrepresented

     No one objects to the TH-R editorial board supporting gun control; however, you do not need to lie and misrepresent the facts as you did in your March 4 editorial "A win/lose vote on guns."
     While you love to demonize the NRA and they are the largest pro-gun group, they only have a few million members. It is the power and combined efforts of all of the pro-gun groups both nationally, like Gun Owners of America, Pink Pistols, Jews for the Preservation of Firearms Ownership, Second Amendment Sisters Inc. and the thousands of state, county and other local groups that have the power to preserve our rights.
     The bill would not have "provided irresponsible gun dealers and gun manufacturers with immunity from lawsuits filed by victims of crimes," as anyone who reads the bill will find out. What it would do is block lawsuits funded by government bodies and well-financed anti-gun groups that attempt to bankrupt gun-makers and others with frivolous lawsuits.
George Rogero
Blooming Grove

Thomas P. Morahan votes against Junior Archery Bill

     The NY Senate passed a bill that would allow Junior Archers to hunt big game. Only 11 people in the NY Senate voted against it and one of them was Orange County's own Thomas P. Morahan. Sen. Morahan represents mostly Rockland but also represents Warwick and Tuxedo in south-east Orange County.
     Sen. Morahan has always been an obstructionist, almost always using as a reason to not try to pass pro gun legislation that we would be opening a topic and once it is open the anti-gunners in NY City would want to rewrite it and we will be worse off. (Like that stops them from trying to pass every anti-gun law that they can now.)
     Sen. Morahan was recently on WTBQ on Jeff Berkman's show on Wed. and was asked why he voted against the Jr. Hunting bill. Is reply was stock anti-hunting, anti-archery (gun) rhetoric. "It must be because I am from the city," and (my rephrase,) 'it is dangerous to have 12 year olds running around in the woods, they could hurt someone.' He also said that was the same reason that he voted to raise the age for having a handgun license to 21.
     It is obvious that he never read the bill, especially the part where it said that the Jr. Archers would have to have a parent or adult with them. It is also amazing that he did not express his opinion about this bill and other similar bills when hunters from Orange County talked to him in March as part of our annual March on Albany. One of our main point was to expand the hunting licenses to include Junior Hunters in all hunting as long as they were under the supervision of a licensed adult. History has proven that Junior hunters are the safest hunters in the woods. (I guess that he thinks that he will get no votes from the Jr. Hunters for voting for the bill but he would have lost a lot of votes from the liberals and ant-hunters.)

Pistol Permit Reference Forms must be notarized in the presence of the signatory

     The Orange County Sheriff's Office is encountering problems with pistol permit applications. At present, 4 character reference forms are to be submitted notarized with the application. The Sheriff's Department has done some spot checks on the notarizations, and has found that some notaries are notarizing the forms not in the presence of the signatory. This is a violation of law that the Department of State does not tolerate, nor does the Sheriff's Department. When submitting pistol permit applications, please ensure that each character reference form is signed in the presence of a notary. The Sheriff's Office takes the issuance of a pistol permit very seriously, and will deny processing the permit if any laws are broken for convenience or to cut corners.
   (For those who do not know or remember, former O.C. Sheriff Officer had to plead guilty to misconduct in relation to circulating petitions that were notarized illegally when the signatory was not present when the petitions were signed.)

Who is running for what, the 2004 elections

  Elections are fast approaching and while everyone knows that they will be picking the next President, many people are going to be surprised who else they are going to be voting for. The process to select who will be running for the other various NY State and Federal offices has been going on for several months and the final selections will be made soon. Primaries will be made in Nov. but without the support, effort and work of many people, those who want to run for an office will not be able to get together a campaign to make it into the primaries. All of the usual elections will take place this year and it is too early to try to go into detail on most of them so I will only outline the most important. (I will be adding to this article through out the month so check back for more names and details.)

     FEDERAL - We all know who is running for President, but Sen. UpChuck Schumer has to run and it looks like Orange County's own 97th District Assemblyman Howard Mills is going to be the Republican candidate. He has a very large uphill battle but it is possible.

     COUNTY- NY ASSEMBLY - With Howard Mills having to give up his Assembly seat to run for the Federal Senate, that opens up a seat and several people will be running.

     COUNTY - JUDGES - The Hon. Stewart Rosenwasser took office in 2000 and issues pistol permits for Towns of Blooming Grove, Hamptonburgh, Tuxedo, Warwick, Woodbury. He has been a great Judge, A++, but he wants to take a higher position so he will be a candidate for state Supreme Court for the 9th Judicial District. That will leave open a position for a new County Judge and Orange County's District Attorney. Frank, (Francis,) D. Phillips, who has held the office since 1986, has a lock on that position on the Republican side if he wants it. (OCShooters has had reports that he wants it and reports that he does not want it, I will try to find out ASAP.) (OCShooters has not talked to Phillips about his position on unrestricted licenses but I did see him give a speech to some sports people when he was running for the DA position. Phillips started talking about the gun problems in NY are caused by the lax gun laws in other states. Not a very good start and far from Rosnewasser's, "I have never know a robber to say that he can't rob a bank because his restricted gun license does not have a "... and to possess while going to and from robbing a bank," restriction.)
     [Candidates are chosen by party bosses from the counties that the Judges serve in. The winners are the 5 who get the largest number of votes in the field. Robert A. Onofry, who's been a Port Jervis City Court judge since 1997 will run for a second 9th Judicial District seat if that opens up. If the second seat does not open up and Rosnewasser wins a seat in the 9th then Onofry could choose to run for Rosenwasser's County Court position next year. Rosenwasser County Judgeship will not officially open up until Rosenwasser takes the oath of office for his new 9th District seat the first of Jan. 2005. At that time the County Judge position will be open and Gov. Mario Pataki can choose to call a special election or wait for the normal November elections. Gov. Mario Pataki, can at any point in time, appoint a judge to the vacant seat no matter when the election is being held and by doing that the person who is appointed is given a leg up in the race.]

NYC Attorney John S. Chambers has web site

     John S. Chambers has been a lead attorney in NYC and NY State for our 2nd Amendment rights. He now has a web site, http://www.pistolpermitattorneynyc.com/index.html      If you live in NYC and need help you can contact him at his office at 89 Fifth Avenue, Suite 801, New York, New York 10003, (212) 645-5279

Court rules for NYC in Article 78 appeal, No "target" licenses in NYC

     In June of 2001 NYC decided that it would end issuing "Target" handgun licenses and would only issue "Premises" licenses. Every license that was "Target" was reissued as a "Premises" license when the license was renewed. While NYC decided that they would allow a "Premises" license holder to take their handgun(s) to a local "approved" range at any time and to travel in the state for hunting, NY State law does not allow this so anyone with a handgun license in NYC is banned and subject to arrest and having their guns taken away from them if they are found outside of NYC with their guns even at events like NY State's Empire Games. Many people thought that it would be easy to get the courts to over rule the Police Departmen but it has not turned out that way.
      Two Article 78 appeals were started. The first one, Tim de Illy, Petitioner-Appellant, v Raymond Kelly, dealt with failing to issue a "Target" license to a NYC resident. This case, was lost in May 2003 and that rulling was appealed and that has been rulled on and Tim de Illy lost again.

3332 Tim de Illy, Petitioner-Appellant, -against-v Raymond Kelly, etc., Respondent-Respondent. 
     Order and judgment (one paper), Supreme Court, New York County (Paula Omansky, J.), entered March 11, 2003, which granted respondent's cross motion to dismiss the petition brought pursuant to CPLR article 78 challenging respondent's authority to replace the category of firearm target license with a premises license with target-shooting endorsement, unanimously affirmed, without costs.
      The new premises license, issued pursuant to 38 RCNY § 5-23(a), effective June 2001, permits the transport of firearms to authorized target ranges and hunting areas. Respondent neither exceeded his jurisdiction (CPLR 7803[2]) nor violated State law (CPLR 7803[3]) in promulgating these new licensing regulations and procedures. Petitioner failed to show that the State's enabling statute (Penal Law § 400.00) has preempted any and all local regulation in this field (compare Matter of Cohen v Board of Appeals of the Vill. of Saddle Rock, 100 NY2d 395). Furthermore, petitioner has not demonstrated how he is aggrieved by the local rule, inasmuch as it permits conduct restricted by State law. Although a premises license under § 400.00(2)(a) limits possession to that licensee's dwelling, we do not view respondent's expansion of that right, to allow transport of such arms to authorized target ranges and hunting areas for proficiency enhancement and recreation, as supplanting the statute, but merely supplementing it (see Jancyn Mfg. Corp v County of Suffolk, 71 NY2d 91, 97; see also People v Ortiz, 125 Misc 2d 318).
      THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. ENTERED: APRIL 8, 2004

     I talked to Robert P. Firriolo, Tim de Illy's lawyer, and he said that they are still trying to decide if they will appeal this decision.
     I am still waiting to find out what happened to the second case that dealt with having a non NYC resident having their license validated by NYC because while PL 400 allowes that:

6. License: validity. ... 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.

the new policy ended that pratice.

Move in Putnam County to increase discharge distance to 1,000 feet

The Southeast Town Board wants to increase the distance from 500' to 1000' the distance from houses in which people are allowed to hunt and discharge firearms. The town will be asking Assemblyman Willis Stephens and Senator Vincent Leibell to handle the necessary legislation in Albany.
Jacob J. Rieper, Legislative Director, New York State Rifle & Pistol Association

CLICK HERE FOR THE THE JOURNAL NEWS April 27, 2004 ARTICLE

Best quote from article:
Brian Felton, another Rockledge Drive resident, said the town's latest move was a positive one, but questioned whether those ignoring the 500-foot rule would adhere to the new one. His shed was struck by hunters in 2002. "The only way you're going to change (the situation) is heavier patrols and prosecuting those breaking the law," Felton said.

Independence Party honors Schumer
The Buffalo News,4/24/2004

LAKEWOOD - The Chautauqua County Independence Party honored Sen. Charles E. Schumer with the Spirit of Independence award at its annual spring fund-raiser Friday in the Lakewood Rod and Gun Club.
     " Sen. Schumer has been a great friend to Chautauqua County. He understands the needs of Western New York and makes sure Chautauqua County's voice is not lost in Washington," said Maclain Nichols, Independence Party chairwoman.
     Since being elected to the Senate in 1998, Schumer has visited Chautauqua County over 15 times, according to Nichols, who said it was important that the senator be recognized for his exceptional loyalty to the county and thanked for his efforts.
     "I am honored to receive this award," said Schumer, a Democrat. "When you get an award from Chautauqua County, it is doubly special. . . . I believe in some of the things the Independence Party stands for. I have believed that people should have more say in the government and that money should have less say. I believe we should be working together to get things done."
     Schumer arrived at the club just hours before he was to give the keynote address at the Democratic Rural Conference in Jamestown.

Judge orders hearing on constitutionality of Nassau County's $200 pistol license fee
From ©2004 New York Law Journal Online, Page printed from: http://www.nylj.com
Long Island: This Week's News, New York Law Journal, 04-20-2004

      A judge has ordered a hearing to determine if Nassau County's $200 fee for the issuance of a pistol license is unconstitutional. State Supreme Court Justice Burton S. Joseph in Pemberton v. Nassau, 2104-02, found an issue of fact existed as to whether the fee was based on a rational analysis of costs to the county. A group of residents disputed the county's argument that the expenses of running the police department's pistol license section exceeded the revenue from the fees, which were previously $40 for the issuance of a license and $25 for a renewal. Under the current fee system, implemented in 2000, the fees for issuance and renewal are each $200. The judge found that the residents presented "extremely credible evidence" to suggest that the county's costs did not match the more than 800 percent fee increase. Justice Joseph rejected the county's argument that the court could not review the fee because the State Legislature had authorized Nassau to utilize the fee as a tax. He reasoned that the regulation and issuance of a pistol license is an exercise of the state's police power, which is subject to review by the court.

Dutchess legislators oppose new firearms license fee schedule
Governor Pataki suggested imposing hefty $100 fee for new and renewal gun licenses as a way of generating revenue. That would be a departure from the current system of lifetime permits.
from midhudsonnews.com

     Most Dutchess County lawmakers want no part of it. Neither do some citizens, including David Warshaw, chairman of SCOPE, the Shooter's Committee on Political Education. We don't put a price on constitutional rights,” he said. “We don't charge you for the words that you record here today and for the print that you print out. We don't charge people for the size of the sign that they have that protests the war or supports the war. We likewise feel that people should not be taxed for exercising the constitutional right to keep and bear arms.”
      Legislator Mark Molinaro agreed a constitutional issue was at stake, but other legislators said it is simply opposition to the state finding yet another way of raising money at the expense of a particular group of citizens.
      Four legislators opposed the resolution, including Joel Tyner, who said the cost of the proposed renewal would amount to only about 25 cents a day, something he says gun owners can afford.
     Late reports from Albany indicate the State Senate is not likely to go along with Pataki's suggestion.

Gun owners oppose bill requiring childproof 'smart gun' technology
Bill would require guns sold to be "personalized" so that they can be fired only by authorized adult users
The Staten Island Advance, 4/ 10/04, By MICHAEL SCHOLL

     At the City Council's April 21 meeting City Council Speaker Gifford Miller (D-Manhattan) will introduce a bill that would require guns sold or possessed in the city to be "personalized" so they can be fired by authorized adult users only. Miller and the bill's co-sponsors believe fingerprint scanners and other high-tech gizmos could be used to prevent guns from being fired by unauthorized users, especially by children who discover guns in their homes and accidentally shoot themselves or their friends.
     "We know that there are sensible technologies that are right on the horizon that can reduce these terrible tragedies, that can eliminate the sorts of accidents that take young kids' lives," Miller, a possible mayoral candidate in 2005, said yesterday during a City Hall press conference unveiling the legislation. "I have no problem with the cost of guns going up, ... We should be making guns more difficult for people to have access to, not easier."
     Smart-gun technology is currently not commercially available, so the bill wouldn't take effect until three years after the technology is first introduced on the market. The measure also includes exemptions for law enforcement officers and guns purchased before the legislation takes effect.
      But gun owners on Staten Island believe the bill is another attempt to infringe on their rights to keep and bear arms. "They aim to disarm us," said Tony Castellano, membership director of the Staten Island Sportsmen's Club, which operates a trap-shooting range at 170 Bloomfield Ave., Bloomfield. Castellano argued that the bill, if enacted, would be ignored by criminals who own illegal guns. A crackdown on gun-toting criminals would accomplish the city's public safety goals without infringing upon the rights of law-abiding gun owners, he said. Other Island gun owners said the smart-gun devices envisioned by the bill either won't work or will be too expensive for the average gun-owner. "It's not feasible,"said one member of the Richmond Boro Gun Club in Charleston.

Howard Mills starts campain against Sen. UpChuck
CLICK HERE FOR HOWARD'S WEB SITE
http://mills2004.com/

UPDATE 4/27/04
Howard Mills started his campain against UpChuck and landed a spot on the Imus in the Morning show and got Imus's backing. Howard also got his web site up and running. It has no specific information in it and nothing on it about gun control and no phone number to call or e-mail address. They have audio of Mills on the Imus show.

Assemblyman Mills pursues maximum exposure, T H-R, 4/27/04
Mills is expected to get GOP nod at May meeting, AP, T H-R, 4/28/04

NRA starts new online live video show and news service

NRANEWS.COM

     The NRA is striking back at the against the McCain-Feingold/Shays-Meehan Campaign Finance Reform Bill that prevents the NRA and other groups and persons from buying TV time to let people know the positions and voting record of those who seek our votes but does not prevent millionaires and billionaires like George Soros from setting up front groups or buying TV outlets to promote their agenda and opinion.
     The new program called NRANEWS.com replaces the NRA Live program that the NRA started several years ago. While NRA Live offered a short news item each day that was a stream from the NRA, the new show will be several news updates each day with a live program hosted by Cam Edwards from 2 -5 PM each day. You can watch the live video stream each day and they will have archives of past shows.
     The NRA also hopes to buy a radio outlet soon.

Senator Larry Craig Speaks Out On NRA Board Position
Click here for the Idaho Statesman article