VIDEO: Skelos wants changes to gun-control law

Posted on March 4, 2013 at 12:43 pm by Politics on the Hudson

Senate Majority Leader Dean Skelos said today that he expects significant changes to the gun-control law passed in January, specifically targeting the provision that lowers the number of bullets in a magazine from 10 to seven.

Assembly Speaker Sheldon Silver, D-Manhattan, and Gov. Andrew Cuomo has indicated that the law passed Jan. 15 might face just some minor changes. Skelos, the Republican from Nassau County, said he would hope there would be more substantial changes.

“I think they are going to be more than technical,” Skelos told reporters of the changes. “I think we’re going to look at the size of the clips, a number of other issues – protections within your home.”

Skelos didn’t offer specific fixes, but he suggested that the change in the number of bullets in a magazine should be addressed. Gun owners and stores have criticized the change, saying that manufacturers do not make guns with seven-bullet magazines.

“I don’t think there’s any reason to outlaw them, and we’re looking at other changes,” Skelos said. “But we also have to live within the reality of what the governor feels is appropriate or not. I believe the governor is going to be pretty firm about the seven bullets, unless it’s in the home. And he’s going to be firm on the so-called assault weapon” ban.

The seven-bullet magazine was one of the key provisions of the law championed by Cuomo. He has argued that the lowered number of bullets in a magazine would help prevent mass shootings because it would require magazines to be changed more frequently.

Cuomo and Silver indicated last week that they would seek an exemption for Hollywood for the assault-weapons ban, saying that film productions may sometime require inactive assault weapons on set.

Skelos knocked the idea. “I am not looking to protect Hollywood. I think the governor and the speaker are, but I’m not looking to protect Hollywood,” he said.

Skelos has been heavily criticized by gun-rights groups for voting in favor of the law. Assemblyman Bill Nojay, R-Pittsford, Monroe County, who organized a gun rally in Albany on Thursday, said in the New York Post today that Skelos should be out as leader.

“This assemblyman from Rochester, I really have no idea who he is. I don’t think I know what he looks like or have spoken to him,” Skelos said today.

And Skelos dismissed criticism of his vote. “I think it’s very interesting as we’ve tried to expand democracy in the Senate and move away from three men in a room, people seem to criticize,” Skelos said. “It’s my position, and we’ve done it on other issues, is to put as many bills as we think are appropriate out for a vote. And people have the right to vote, to aggressively oppose it, to say I was absolutely wrong.”

Marchione bill would repeal most of SAFE Act

Posted on February 28, 2013 at 5:57 pm by Jimmy Vielkind, Capitol bureau

Sen. Kathy Marchione, R-Halfmoon, has introduced a bill that would repeal most of New York’s new gun control law, dubbed the SAFE Act.  The measure broadened the definition of banned assault weapons and made magazines containing more than seven bullets unlawful. It also increased penalties for illegal gun possession, reduced public access to gun permit information and allowed mental health professionals to report concerns about a gun-owning patient harming himself or others.

Marchione’s bill, introduced today, would repeal provisions related to the expanded ban and ammunition restrictions. Marchione has said she would try to repeal the act, and has launched an online petition saying as much. It’s now been signed by over 126,000 people.

Quote: “I stood up, spoke out and voted against the unconstitutional gun control law because it was a bad policy created by a bad process,” Marchione said. “I took time drafting the Second Amendment Protection Act to ensure we had the correct, responsible legislative remedy to repeal the unconstitutional provisions of the new gun control law. I honestly don’t know if my bill will be successful, but I took an oath to preserve and defend the Constitution – that includes the Second Amendment freedoms of all New Yorkers. I kept my promise and, with the support of law-abiding New Yorkers, will keep standing strong in defense of the Constitution.”

Leaders of the Senate and Assembly, as well as Democratic Gov. Andrew Cuomo, have not said they will support such a bill, and it’s doubtful Marchione’s legislation will move in the Senate.

Second Lawsuit Filed Against NY SAFE Act

By Rachel Elzufon  February 27, 2013

Buffalo, NY (WKWB) – As thousands of New Yorkers get ready to rally against the NY SAFE Act in Albany, a Western New York attorney has filed his second lawsuit — and it could get part of the law thrown out. From the day Governor Cuomo signed the NY SAFE Act, gun rights activists began fighting the new law. Their main claim — that it is unconstitutional and violates their second amendment rights.

The day before thousands of lobbyists congregate in the Albany, James Tresmond filed a a second lawsuit against Governor Cuomo and the State of New York. The lawsuit says the NY SAFE Act will completely shutdown a Chautauqua County man’s business. That individual works as a firearms dealer. Tresmond says his livelihood is selling the rifles included in the broader assault rifles ban.


Court To Review Rushed Approval Of NY Gun Controls

March 1, 2013 The Post-Journal

ALBANY (AP) – A group of 1,200 New Yorkers has forced a court review of whether New York’s new gun controls were rushed into law in violation of the state constitution. Robert Schulz of Warren County calls Gov. Andrew Cuomo a “king” for pushing through the nation’s toughest gun law by suspending the three-day review usually required before votes on bills. Cuomo and legislative leaders agreed on the bill in closed-door negotiations and put the politically dicey measure to a vote at night in mid-January. That was after Cuomo issued a “message of necessity,” which allows the constitutional waiting period to be suspended. Schulz and his co-plaintiffs won an order Friday that will require the governor and Legislature to prove the message of necessity was warranted. Cuomo had no initial comment.

NYSRPA: NY gun proponents expect to file suit against state within 10 days

27 February 27, 2013 by Administrator  – The New York Pistol and Rifle Association, an arm of the National Rifle Association, is planning to file its formal lawsuit against the NY Safe Act within 10 days, the association’s president Tom King said today. King said the group is also planning on asking the courts to stay the implementation of the law. “We think we have a really good suit,” King said.

Gun lobby best hope is to wait

Fred LeBrun, Commentary, Saturday, March 2, 2013 • 518-454-5453

I’ve taken to wearing my camo hunting jacket around town in places where it is not always appropriate as a show of support for the great rebellion.

Luckily it’s waterproof. The jacket, that is. But so is the rebellion. The several thousand who rallied Thursday at the Capitol against the governor’s hastily passed NY SAFE Act, the most restrictive and least sensible gun control legislation in the country, stood in ankle-deep mud and persisted through a drizzly day to vent a collective frustration that is pervasive upstate. Mostly a crowd of ripely mature, white males, expressing disgust and anger.

I’d fit in perfectly, more on the disgusted than angry end of the spectrum, but a fellow traveler for sure. My hunch is the rebellion is just picking up steam and over time will become less purely symbolic, as was the case Thursday, and more focused with a fury on the politicians who made this happen.

Governor Cuomo predictably continues to insist, “I’m proud of what we did.” He can hardly be expected to say, “Hey, I was a moron. Let’s do it over and do it right this time, and actually first engage the gun community in what they think before passing laws that only affect them.” His reaction to the rally was that the overwhelming majority of New Yorkers support these new gun laws and that only a strident small minority do not. The polls show that, he said.

As I have mentioned before, it’s funny about those polls. To my knowledge, the polls he is referring to — two from Siena and one from Quinnipiac — were taken in what could be charitably called the heat of ignorance over these multifaceted gun restrictions. I would posit that most New Yorkers responding had little to no knowledge of the specifics of Cuomo’s laws and were responding emotionally to the Newtown tragedy instead. None of us knew what was in those laws until after they were passed. They were out there without context when those polls were taken.

What we need is a new set of polls that assess how much the public really knows about the issue and how it feels about these laws six weeks later. And how it feels about our beloved governor. I’ll bet there’s been a bit of a shift.

I’m convinced that people most of the time are largely uninformed about the issues for which they are being polled. The more emotional the issue, the less reliable the results. I’ll bet respondents pick up a clue here and a word or slogan there that lead to something of an opinion. Perfect for the kind of manipulation the governor has used to bolster his dictatorial governing style and to justify the way the NY SAFE Act was passed specifically.

But over time, the public hears more about an issue from friends, family, the media, the water cooler — wherever. I would love to get a sense, for example, of what those in Manhattan, the ones who showed 80 percent in favor of stricter gun controls initially, actually knew about the laws we already had on the books. And how they feel about the new ones, having seen the reactions of upstate New Yorkers. We learn from each other. In addition, I would strongly suspect upstaters have turned even more against Cuomo’s gun laws after hearing from their neighbors.

As has become strikingly obvious, there is a great difference between how those in the big city see guns and gun control, compared to those of us up here in the country. How much better off we would all be if the governor had taken the time to parse out his gun control package to reflect these two quite different worlds.

I think he would have been surprised at how much of his NY SAFE Act most legal gun owners upstate would have accepted, with a little schmoozing and respectful engagement. Instead, he dissed us all, the moderate and immoderate, the rational, middle of the road, and the wacko alike.

Now, we’re all fellow travelers in his eyes. The governor is missing a fundamental truth, one that President Obama saw from the beginning of his push for national gun control legislation: The limits of gun control cannot exceed what the majority of those directly affected can accept.

Engagement on the issue is critical to shift that majority view. Otherwise, the imposition of overly restrictive laws on those whose personal initiative is necessary for compliance is a shaky proposition at best. But that is what the governor has done instead of engaging.

Civil disobedience is likely to follow, which, contrary to the governor’s claims about this law, will not save lives but instead put more of them at risk, particularly law enforcement.

So, what happens now? Well, more counties will pass resolutions against NY SAFE. There will be more rallies, more polarization, more disgust and anger. It will likely become more and more of a political football, with partisan forces falling along predictable lines. Realistically, legislative relief is not forthcoming. Legislators are scared to death of the governor. Maybe the courts will throw chunks of it out as a result of a blizzard of lawsuits, and maybe not.

Our best hope is to simply wait out this governor until he moves on to his just reward, then rewrite the law. In the meantime, I wish the rebellion would hand out little camo ribbons to wear. Because I suspect it’s going to be a long haul and I need my trench coat back.

NY SAFE Act Opposition Resolutions 

County Resolutions March 3rd As of Today 34 Counties (and 24 Towns) passed, 17 more Counties pending, not to mention several Law enforcement groups, plus others. For larger map, full listings, resolution links, ect., visit today.

 State gun law divides upstate, downstate

Mar 2, 2013 | Excerpts Written by Jon Campbell Albany Bureau

ALBANY — Written in black marker on white tagboard and attached to a pole, Joe Bucolo’s message was displayed high above the crowd: “No more NYC laws 4 upstate.” The 64-year-old retired caseworker’s sign summarized a common theme among thousands of pro-gun protesters Thursday at a Capitol rally, where downstate residents were few and contempt for New York City was high.

“We’re just two separate, distinct cultures, really,” said Bucolo, of Lockport, Niagara County. “I think there is just a growing feeling that people down in the city — Manhattan and those quarters, people like (Assembly Speaker Sheldon) Silver — have nothing but disdain for us.” Contention between the more conservative upstate and and more liberal downstate New York, driven by their distinct difference in political ideology and vastly different economies, is nothing new.

But the state’s new, stricter gun-control laws — the subject of Thursday’s rally — seem to have reignited the decades-old divide. “There’s no question in my mind at all,” said Assemblyman Stephen Hawley, R-Batavia, Genesee County. “It’s another indicator that we really are two states.”

Since the law was passed in January, 34 counties have passed resolutions opposing it, all of which are north of New York City. At the rally at the Capitol on Thursday, the loudest chorus of boos came at the mention of Michael Bloomberg, the New York City mayor who has led nationwide efforts to pass gun-control laws.

In the Senate, the SAFE Act passed 43-18; all 18 “no” votes came from senators who represent districts north of New York City. “It does appear at this point to be an upstate-downstate issue, and whether that’s fortunate or unfortunate, I really don’t want to make that prediction,” said Sen. Thomas Libous, R-Binghamton. “But I do know that Second Amendment rights are very important to the majority of my constituents. My obligation is to represent them, and that’s why I voted no.”

About a dozen upstate Republican lawmakers spoke at the Thursday rally, garnering significant applause as one-by-one they knocked the gun-control laws for impeding on their rights.

The long-simmering tension between the northern and southern portions of the state have, at times, even led some to talk of secession, as unrealistic as it may seem. Downstate is viewed as an economic engine for the rest of the state, with 14 percent of New York’s tax revenues last year coming from Wall Street companies, alone. Hawley, the Batavia assemblyman, sponsors a bill that would allow for a statewide referendum asking New York voters whether they would like to see the state split in two. The bill — a form of which dates back to 1992, when it was sponsored by Hawley’s father — aims to start a conversation, he said. “There are so many issues, whether it’s gas prices, whether it’s Medicaid, whether it’s Thruway tolls, whether it’s mandate relief,” Hawley said. “I just think that there’s got to be a better way to run this state, and this would get the people talking about it.”

Separating New York State

By Jaclyn Asztalos February 25, 2013  – Buffalo, N.Y. (WKBW) – State Assemblyman Steve Hawley wants residents in every upstate county to vote on the issue of separating New York in to states. He said it is time to break away from the New York City area. Hawley, who represents portions of Niagara and Genesee counties, has talked about similar legislation before without much success. That’s why he is taking a different approach this time around. He believes most voters in upstate counties want to break away from New York City for many reasons, mainly economical. He discussed the reason why during his re-election bid last fall. “For years out of touch, downstate interests have driven taxes through the roof leading to massive job losses to Western New York while critical resources were funneled downstate at our expense,” Hawley said. The resources Hawley mentioned is referencing power, which comes from the falls area and is funneled downstate. Hawley has not yet said when he plans to formally introduce this proposal to state lawmakers but said he is committed to it.

For more on “2A Defense” efforts and all things related:

[NY UPDATED: Legal actions proceeding, Flip flops starting, Bill introduced for Repeal, more.] New York Gun Laws Challenged in Court; Round up of multiple cases (post and pre SAFE act), support them today !!!Roundup of Firearms Manufacturers around the nation, as well as statements from several of them, Refusing to Sell to oppressive Governments including New York: Boycotting them while Defending the 2nd Amendment, themselves, and Us!

Welcome to New York State “of Fascism” NYS Comptroller leading the way to divest from investments in gun manufacturers, BREACHING HIS FIDUCIARY DUTIES, Chicago Mayor Rahm and others follow lead, Banks involved too. Read on…

NY State Senators defending our 2nd Amendment Rights, Sign their Petitions today! / and Support NYSRPA.[NY UPDATED: Legal actions proceeding, Flip flops starting, Bill introduced for Repeal, more.] New York Gun Laws Challenged in Court; Round up of multiple cases (post and pre SAFE act), support them today !!!NY State Senators defending our 2nd Amendment Rights, Sign their Petitions today! / and Support NYSRPA.

Armed Citizen / Defensive Gun Use files / and related commentary….

Armed Citizen / Defensive Gun Use files / and related commentary…

Women of the Second Amendment: Opposing anti-Rape tips, Biden’s bad bumbling advice, Democrat apologizes, some must watch including – ‘Gun Girls’ School Piers Morgan, SAS Never give up, The Emerging Female Shooter, NRA Women, Participation increasing, Regis Giles, Guns save women from attackers, Defend yourselves ladies!Women of the Second Amendment: Opposing anti-Rape tips, Biden’s bad bumbling advice, Democrat apologizes, some must watch including – ‘Gun Girls’ School Piers Morgan, SAS Never give up, The Emerging Female Shooter, NRA Women, Participation increasing, Regis Giles, Guns save women from attackers, Defend yourselves ladies!

Crucial 2nd amendment quotes; NY: Heroes and Villians-Votes on gun law!; Register…or Rebel: How Many New Yorkers Will Defy New Law?; and more…Crucial 2nd amendment quotes; NY: Heroes and Villians-Votes on gun law!; Register…or Rebel: How Many New Yorkers Will Defy New Law?; and more…

On this unconstitutional mad dash gun control, Our Founders, WTF?; More on the Constitution, plus State by state provisions from NRA-ILA, and A (Not So) Brief History of the Gun – American innovation and a Nation of Riflemen.On this unconstitutional mad dash gun control, Our Founders, WTF?; More on the Constitution, plus State by state provisions from NRA-ILA, and A (Not So) Brief History of the Gun – American innovation and a Nation of Riflemen.