ALBANY, NY – Earlier this year, the United States Supreme Court ruled in favor of the 2nd Amendment in the Bruen case, stating that the New York state gun laws restricting concealed carry were unconstitutional.
The Empire State made it virtually impossible to obtain a permit to carry a weapon outside of your home. It was one of a handful of states that required a gun owner to prove a necessity for getting a permit.
The Bruen decision sent New York and other anti-2nd Amendment states scrambling. It also put gun owners into a state of anticipation as they watched and waited to see what changes the unelected governor would make.
So, imagine their surprise when she drafted the new amendments and all they did was tighten the constraints and moved toward complete elimination of all lawful concealed carry permits.
She wants her constituents to believe that her draft complies with high court’s ruling, but according to Ammoland, it doesn’t. In fact, “it is a sham.”
“…to machinate such an elaborate hoax to waylay the U.S. Supreme Court and hoodwink the public takes time, money, effort, and cunning, and Kathy Hochul must have had all of that, suggesting she surreptitiously received an advance copy of the decision after November 3, 2021,” Ammoland wrote.
Comparing Bruen to the illegal leak of the Dobbs decision prior to the Supreme Court actually releasing their decision, is it possible that the New York governor was working on her response before the general public was aware of what the decision was.
The draft of the new laws is deceptively titled Concealed Carry Improvement Act. But none of this should have come as a surprise, given that just days before the Bruen decision, Hochul and the state legislators passed a 10-bill package of anti-gun laws.
For starters, the bill does remove the offending language of showing “proper cause,” which the Supreme Court ruled not only unconstitutional, but also inconsistent with the 2nd Amendment “exercise of one’s natural law right of armed self-defense outside the home.”
The problem is, they have added new language that actually maintains the status quo and keeps their multi-tiered licensing requirements intact. The current classifications are unrestricted, restricted, or the highly restrictive home/business premise use license.
Hochul called the Supreme Court ruling appalling.
Here was her response to Bruen.
“As the case returns to the lower court, we encourage responsible gun owners to continue to follow their current restrictions and always put safety first.
While we are disappointed with the Supreme Court’s reckless disregard for the safety of our communities, we are prepared to fight.
I am planning for a special session of the legislature where we will explore a wide range of legislative options that will keep us in compliance with this ruling, while also creating a thorough and strict permitting process that prioritizes the safety of our communities.
I look forward to working with the legislature, local and county government leaders, and legal experts, and will stop at nothing to protect New Yorkers.”
What many New Yorkers actually find appalling is the exponential rise in violent crime and the state’s limitations on allowance of residents being able to defend themselves against said violent criminals.
But, according to the Governor, she is willing to do anything to protect New Yorkers, including defy the Constitution and completely eviscerate people’s right to defend themselves.
She stated that she and the lawmakers in Albany would go to work ensuring that the state was compliant with the ruling while also creating a thorough and strict permitting process.
Those two ideas are contradictory in nature and cannot exist in the same conversation.
In essence, she is complying by making it even harder to obtain a permit.
As Ammoland so eloquently put it:
“In other words, ‘I, Kathy Hochul, will comply with the Bruen rulings by not complying with them.'”
The new act includes this verbiage:
“Nothing in this article shall be construed to impair or in any way prevent the enactment or application of any local law, code, ordinance, rule or regulation that is more restrictive than any requirement set forth in or established by this article.”
Basically, the governor and state of ew York us saying that we will implement the looser requirements that the Supreme Court has established in Bruen, but they will not now, nor ever, supersede or replace the stricter guidelines that we have in place.
Part of the “stricter” requirements after the state deems you worthy, there are additional stringent process includes 16 hours of instructional time with a written exam.
That is followed by 2 hours of range time with live fire qualification.
They also require “safe storage” in a home or vehicle where a child lives. That law mandates that a firearm be locked away, unloaded, in a separate locking compartment than where ammunition is stored.
Luckily, home invaders in New York are willing to honor you calling “time-out” while you move from one place to another, to secure your weapon and then the ammo, get it loaded, and then call time back in.
Bottom line, the New York governor is signaling that she will not be stopped by nasty little details like the Supreme Court or the Constitution.
Could this all be for political posturing, given that we are 48 days from an election she is trying to win? Chances are, yes. She knows that her new law has zero chance of clearing judicial scrutiny, so why not go for broke to impress voters. She has nothing to lose at this point.
“Confusion” is the word as New York Gov. Hochul’s gun laws take effect, directly attacking the Constitution
On Thursday, Sept. 1, New York Democratic Gov. Kathy Hochul’s new gun restrictions take effect and there’s one common feeling across the state: confusion.
The governor decried the decision when the U.S. Supreme Court struck down the Empire State’s subjective restrictive “may issue” concealed carry requirements. She was “shocked” and responded by pushing even more restrictions through the legislature.
Law-abiding gun owners have cried foul ever since, noting the gun control laws don’t hold criminals accountable and law enforcement and county officials charged with implementing and overseeing the rules have voiced concern.
First and Flawed
In Gov. Hochul’s rushed attempt to be first after the Supreme Court ruled against New York in its Bruen decision, her antigun bias has wreaked havoc in New York.
In Upstate counties that comprise the vast majority of New York’s geography, confusion reigns. Fulton County Sheriff Richard Giardino held an information session for law-abiding gun owners.
It was jampacked with New Yorkers worried that Gov. Hochul’s gun control will ensnare them and turn them into criminals.
“We’re placed in an untenable position of enforcing laws that we might believe are unconstitutional, and as a former judge and DA, I still have my law license, I believe many provisions of this are unconstitutional and will be knocked down in the courts,” said Giardino.
In Greene County, Lisa and Richard MacLeod – owners of Recon Defense – have been swamped with calls, walk-ins and social media posts from concerned New Yorkers. “We are up to 13,00 hits on this already. Our phone has not stopped ringing. As far as what does this mean? Everyone is so confused no one knows what to do,” Lisa told local media.
New York Republican Assemblywoman Mary Beth Walsh told the New York Post, “A lot of times New York is trying to be first — the first to poke back at the US Supreme Court because they didn’t like the concealed carry ruling … So [Democrats] tried to be first and then they’re not best. It was sloppy drafting.”
The assemblywoman’s comments followed a scramble by the governor’s administration to reassure New Yorkers that prohibitions on recreational shooting sports weren’t included in the bill despite Assembly Codes Committee Chair Jeffrey Dinowitz (D-Bronx) telling Walsh the exact opposite during bill debate. “I guess that’s covered by this.”
One lawmaker in Albany is leading her colleagues in their fight back and attempting to shield lawful recreational and shooting sports activities from the flawed law.
Republican N.Y. state Sen. Pam Helming introduced legislation to protect the shooting sports and to clarify the law with language to deem competitive shooting sports events, often held at sportsmen’s clubs, exempted from the state’s list of “sensitive places.”
“The language in our laws matters – and the language in the law that takes effect on September 1 unfairly puts these programs at risk,” Sen. Helming said.
“Participation in these sports is growing, especially in our rural areas. Shooting sports programs and competitions are conducted safely and responsibly, with applicable training and education and they should be allowed to operate as they always have—safely and successfully.”
Lawmakers aren’t expected back in Albany until the 2023 legislative session begins in January.
Gov. Hochul’s new gun control law is a kitchen sink of constitutionally-questionable restrictions and don’t do anything to stop criminals in her state from illegally obtaining and misusing firearms.
The law expanded the “sensitive locations” where law-abiding concealed carriers cannot carry firearms, which include federal, state and local government buildings, health and medical facilities, daycares, parks, zoos and playgrounds, public transportation including subways and buses, polling sites, schools and even publicly-utilized state forest preserves, including the 6 million acres of the Adirondack Park.
The law also allows the state to examine social media posts between neighbors to determine if an individual qualifies for a state-issued concealed carry permit. Court challenges are lining up fast.
Jane Havens, manager of Calamity Jane’s Firearms in Hudson Falls, N.Y., organized a recent townhall of her own to cover the new laws and it was attended by a few hundred people.
Her message to law-abiding gun owners and those trying to become them was short and simple. No matter how frustrating the process is: “Don’t give up this fight. We will help you.”
Firearm retailers are in a bind too. New York passed an extensive security and record keeping law that will also go into effect Sept. 1. NSSF met with the governor’s office and N.Y. State Police to obtain guidance for implementation guidance but the only thing that was clear was the state’s not ready.
NSSF was told to advise member retailers that state police won’t conduct inspections without proper guidance in place first and officials from the governor’s office didn’t want New York firearm retailers to spending their resources to comply until regulations are published.
State police informed NSSF that a Frequently Asked Questions page will be created to assist retailers soon.
The confusion wrought by Gov. Hochul has been purposeful and targeted at law-abiding gun owners and the lawful firearm industry.
New York gun owners new and old are sticking together in this fight and not giving up. The firearm industry isn’t backing down either.
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