Change IS good for Long Island.

 



02/26/2013 - Open letter to the NYS Legislature

Dear New York State Assemblymen and Senators,


Some are saying that the uproar over the late night vote and passage of the NY S.A.F.E Act has awoken a great sleeping giant.

And the fact is, it has awoken the giant.

I am just one of the 3+ million that are the “sleeping giant” and we are angry and VERY disturbed by the recent actions of the New York City Democratic Caucus and the Governor. I strongly suggest that you take the time and listen to our “message of necessity:” as you begin the amendment phase.

As you and your colleagues enter the chambers to discuss amendments to the NY S.A.F.E. Act understand this: We know what you are up to and we know that you have to fix the law to allow Law Enforcement an exemption. We are asking that you totally repeal, or annul, the entire law and start over in a proper transparent way with public input that involves people west of New York City.

There are so many flaws in the current law that we don’t know where to begin. A few points are:

  • The Private sale background check section of the law is scheduled to begin on March 15th. But who is going to do them? The big retailers, such as Gander Mountain, Dick's, Wal-Mart, to name a few, will not. They want to sell guns, not have scores of folks come in to complete their own sales.
  • The new regulations limit the check fee to $10. Perhaps keeping the fee low was a bone thrown to the populace, but the private FFL Dealers charge at least $20-25 per transaction check done, and some charge as much as $50. We have heard that the $10 fee wouldn't be worth the FFLs' effort.
  • The ammunition background checks: This is not going to be cheap in terms of time to set up and maintain. This is going to end up like CoBIS, which was a cumbersome onerous idea that accomplished nothing more that wasting tax payer money. This in reality is nothing more than another backdoor way for 100% gun registration.

The mere fact that no one paid any attention to history, to pass a worthless bill, shows total ignorance on all who voted for it. The 1994 AWB proved conclusively that in its 10-year run, it did absolutely nothing. And that information was from the US government itself, and we quote, "The Task Force found insufficient evidence to determine the effectiveness of any of the firearms laws or combinations of laws reviewed on violent outcomes." (Emphasis added) ("First Reports Evaluating the Effectiveness of Strategies for Preventing Violence: Firearms Laws", October 3, 2003, http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5214a2.htm).

YOU didn't care one bit for the public's opinion. YOU just acted blindly. YOU even acted with wanton disregard for the citizens of New York State. YOU bitch-slapped the NYS citizens, bypassing the usual democratic process, for your own personal agendas. YOU did not debate the bill. YOU did not request public opinion. YOU had no Economic Impact Statement. YOU did not even read the bill. But, YOU passed it! Why? Because of a "Letter of Necessity" issued by a RABID Governor.

The goal of this law is simple and YOU have helped to implement a strong phase one. Being that grandfathered items can not be passed down, in approximately a generation and a half, there will be fewer firearms in the state. Plus, Cuomo has created a CONFISCATION LIST (via the Registration process) for the state, for when future state critters decide to utilize it.

Where is, and all NYS residents should demand to see, an Economic Impact Statement on this legislation? What will this brilliant piece of legislation give us? Probably:

  1. Lower sales tax revenue across the state.
  2. Less Federal Conservation dollar revenue for New York State conservation.
  3. Loss of gun businesses and loss of gun related jobs.
  4. Loss of population (Note: From the last census we LOST two congressional seats).
  5. Less competitions, within the state, which brings in revenue.
  6. Less Olympic Pistol hopefuls, as the cherished international free pistols are now classified as AWs.
  7. Eventual confiscation of valuable personal property, based upon the REGISTRATION list.
  8. Increase in taxes to cover the state's revenue shortfall in sales tax.
  9. Increase in user fees to cover the state's revenue shortfalls.

This legislation was NOT thought through at all. And its poor wordsmithing, from indifferent authors, have created a situation that encourages non compliance. Can the state actually afford, in its current state of financial debt, to incarcerate the citizens?

While you are amending the original poorly scribed law, written by indifferent authors who have deliberately created a situation that encourages non compliance and the disruption of legal constitutionally protected commerce, understand that you did so at the expense of Democracy and the citizenry of New York State. YOU should really be ashamed of your actions.

Repeal, or annul, this legislation and, if you must, resubmit it and do it correctly. Without vengeance or malice.

Alan Chwick, Editor
Nassau County News Flash
Editor@iNCNF.org
URL: http://www.iNCNF.org

02/24/2013

STUPID NYS Legislators

Apparently, the NYS Legislature is quite stupid, or plain'ole downright dumb. And more so then Guv'na Cuomo (a.k.a. "the Cuomo"), as they were lead around through their noses, supposedly forced by a ridiculously utilized "Letter of Necessity," to pass a worthless bill that will protect no one, as the 1994 AWB proved conclusively that in its 10-year run, it did absolutely nothing to stop violence. And, that information was from the US government itself, and we quote, "The Task Force found insufficient evidence to determine the effectiveness of any of the firearms laws or combinations of laws reviewed on violent outcomes." (Emphasis added) ("First Reports Evaluating the Effectiveness of Strategies for Preventing Violence: Firearms Laws", October 3, 2003, http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5214a2.htm).

  • They did not debate the bill.
  • They did not request public opinion.
  • They had no Economic Impact Statement.
  • Hell, they did not even read the bill.
  • But, they passed it anyway! Why? Because of a Letter of Necessity issued by their RABID King ("The Cuomo").

They didn't care one bit for the public's opinion. They just acted blindly. Even with wanton disregard for the citizens of NYS. Basically, they bitch-slapped the NYS citizens, bypassing the usual democratic process, for their own personal agendas.

The rifles shown above are functionally 100% identical. The only difference is the rifle stocks. One has a conventional stock, while the other has a Thumbhole Silhouette stock. They both are equally lethal, and fire at the same rate - One shot per trigger pull. But, in New York State, the THUMBHOLE sets them apart.

We know what the Cuomo was thinking. We know what his NYS Assembly and Senate ilk were thinking. But what the hell was the opposition party (Republicans) thinking. The fools like Fuschillo, Hannon, Marcellino (commonly referred to as "The Little $#!T), Skelos, Curran, McDonough, just to name a few, certainly must have had their heads buried deep in the Cuomo's arse.

Their goal is simple and they have implemented a strong phase one. Being that grandfathered items can not be passed down, in approximately a generation and a half, there will be fewer firearms in the state. Plus, the Cuomo has created a CONFISCATION LIST (via Registration) for the state, for when future state moron-critters decide to utilize it.

I would love to see, and all NYS residents should demand to see, an Economic Impact Statement from their Legislative-critters. What will this brilliant piece of legislation give us? Probably:

  1. Lower sales tax revenue, due to less spending by sportsmen and women.
  2. Less Federal Conservation dollar revenue for New York State conservation.
  3. Some loss of gun businesses, due to the lower spending by sportsmen and women.
  4. Some loss of gun related jobs, again due to the lower spending by sportsmen and women.
  5. Some loss of population, due to the rabid and extreme political nature of the state's out-of-control government.
  6. Less competitions, which bring revenue into the state, due to less sportsmen and women.
  7. Less Olympic Pistol hopefuls, due to the fact that their cherished pistols are now classified as AWs.
  8. Possible loss of manufacturing jobs.
  9. Increase in taxes to cover the state's revenue losses.
  10. Increase in user fees to cover the state's revenue losses.
  11. Eventual confiscation of valuable personal property.
  12. And will be many more items for this list. Only time will tell.

This legislation was NOT well thought through. Not at all. And you should hold your NYS Representatives personally responsible for this garbage law.

I leave you with a simple statement that the owner of the Oak Beach Inn, on Long Island, spouted for many years,
"LEAVE NEW YORK, BEFORE IT'S TOO LATE!"
CRAP...IT'S ALREADY TOO LATE.

 

More Nassau County D.A. Rice's Folly
On August 15, 2012, the Federal Trial Court (Second Circuit, Eastern District)
in the case MARTIN TRETOLA v County of Nassau, et al (CV-08-3225)

NASSAU COUNTY LOST BIG TIME...Again, the vindictive D.A. lost!!!
The county residents AGAIN lost big time because of Rice's & Ofc. Falting's personal agenda...
Meaning that we will have to lay out ($5M). What a media hag.


Of course, the county petitioned to have the verdict set aside...This is one to watch.

Nassau County D.A. Rice's Folly
February 17, 2011 Gun Dealer Bust
Final disposition from Nassau Grand Jury on the last group (T&T) - No True Bill*!!

Gun owners won...The vindictive D.A. lost!!!
The county residents lost big time because of Rice's personal agenda...
Meaning that our TAX $$s where wasted by this media hag.


(* = If the grand jurors decide there is not probable cause to support the charges, they vote a "no true bill.)

 

Census: When they come-a-knocking...
This YouTube is highly worth listening to.

Know your rights
Fully Informed Jury Association - American Jury Institute

POSTER
'Taxed Enough Already'
Click here

 

*** IMPORTANT ***
NYS PL265.20 ¶7-e
Must be modified, again...
And A3337 is the start!

A3337 - Requires that the person be at least fourteen years of age, with no maximum age, for the possession and use of a pistol or revolver at a pistol range.

SPONSOR Gabryszak (MS) COSPNSR Lupardo, Schroeder, Lavine
MLTSPNSR Barclay, Corwin, Giglio, Hawley, Hayes, Magee, Reilly

To all of them, WE SAY THANK YOU!

With the last change to PL265.20 ¶7-e, permitting 14-20 year olds to possess and use a pistol or revolver on a range or during a sanctioned competition, our community has had a wonderful chance to encourage young new shooters. Many have been showing up to Bullseye Matches, IDPA Matches, IPSC Matches, and Free Pistol Matches. The law exempts the youths from prosecution. There is no licensing involved. This law also includes NYC.

But, it has created a strange situation. Now, a 14-20 year old has more rights and privilege then a 65-year old honorably discharged war veteran, as those above the age of twenty, who are residents of NYS, must have a pistol license to possess and use a pistol/revolver, on a range.

PL265.20 ¶7-e, needs to be modified so that there is NO upper limit, if you are on a range or at a sanctioned competition, to possess and use a pistol/revolver. The code change to PL265.20 ¶7-e is simple, JUST REMOVE THE WORDS "but under the age of twenty-one" FROM THE LAW.

Assemblyman Gabryszak's Bill A3337 is the start of this process. This bill will modify NYS PL265.20.7e, so that a "...person be at least fourteen years of age, with no maximum age, for the possession and use of a pistol or revolver at a pistol range." This is a VERY good thing for NYS Sportsmen. You can read the bill text here.

The Assembly bill is in the Codes Committee of the NYS Assembly, and there currently no Senate bill.

Important, please:
1) Call Assemblyman Gabryszak (518-455-5921) and say 'thank you' for Bill A3337.
2) Call your NYS Assembly-critter and have them sign onto Assembly Bill A3337. If they will not sign onto it, try to get them to support it at vote time.
3) Call NYS Assemblyman Lentol (NYSA Codes Committee Chair) office (518-455-4477) and ask him to move the bill in committee.

This is important, and GOOD, legislation for NYS Sportsmen, as it will help our community introduce our sport, and our views, to more people!!


*** As of Summer 2006 ***
NYS PL265.20 ¶7-e
NYS Juniors, ages 14 to 20 CAN POSSESS & USE A PISTOL/REVOLVER WHILE ON AN AUTHORIZED RANGE


Matter of Chwick v Mulvey (2010 NY Slip Op 09911) 12/30/2010
05/2011 UPDATE
Ruling:We WON, the State licensees Won, & Nassau County lost!!!

Nassau County can not appeal this ruling of 4-0 and no dissents.

Read the Lawsuit

The documents are best read in order

  1. ChwickArt78Petition.pdf
  2. RespondentsResponse.pdf
  3. ChwickReplyMemo.pdf
  4. JudgeDavisRuling.pdf
  5. NoticeOfAppeal.pdf
  6. ChwickAppellateBrief.pdf
  7. NassauAppellateResponse.pdf
  8. ChwickAppellateReply.pdf
  9. Oral Arguments held April 9th
  10. Read the court rulling
    Listen to the Oral Arguments of 04/09/10

The Appellate decision has now been "reported" in the "official" and "unofficial" NY reports, and the decision can now be cited as precedent. The citation is Chwick v. Mulvey, 81 A.D.3d 161, 915 N.Y.S.2d 578 (2nd Dept. 2010).

The Lexis citation is:
Chwick v Mulvey 2nd Dept-reported.htm 2010 NY Slip Op 9911, *; 81 A.D.3d 161, **;
915 N.Y.S.2d 578, ***; 2010 N.Y. App. Div. LEXIS 9817
[*1] In the Matter of Alan J. Chwick, et al., appellants, et al., petitioner/plaintiff, v Lawrence W. Mulvey, etc., et al., respondents. (Index No. 13564/08)
2009-01468
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
2010 NY Slip Op 9911; 81 A.D.3d 161; 915 N.Y.S.2d 578; 2010 N.Y. App. Div. LEXIS 9817
December 28, 2010, Decided


Nassau County Local Laws #5 & #9 can not be enforced, as they are preempted by NYS Penal Law.


I thank all who have been supportive of Chwick v. Mulvey.

At this time, it is very important to stress that the Second Department's excellent ruling established that all local handgun control laws are preempted by state law, possibly opening some very strong arguments to challenge other local gun laws. However, if Nassau should appeal, to the New York Court of Appeals, and we are unable to respond because of lack of funds, then there is a real chance of us getting a ruling going the other way that has effect throughout the entire state. That is, we could wind up with a ruling ending all preemption in New York when right now we have a decision in our favor that affects more than half of the state's residents as binding precedent, and can even be used throughout the rest of the state as an argument in favor of preemption. Right now, we have a strong preemption ruling, because of this little case (which really ain't so little, as it deals with a really important statewide issue).

Now is the time for New York gun owners to come together to make sure we keep this ruling on the books, and expand it statewide if Nassau decides to appeal it.

Again, I thank all of those who have supported this effort. And, a very loud THANK YOU goes to our Legal Council, Mr. Firriolo, of Duane Morris.

AJC




http://www.rinohuntersclub.com

Please HELP SUPPORT the Freeport Junior Club(Click Here)

Donations of $$, .22LR Ammo, etc. are always helpful. For more details on 'HOW TO HELP' the Freeport Juniors, link to their web site.

Junior programs in NYS need all the help they can get!

Take your kids to the range...Shoot, have fun and teach responsibility! But most of all, teach them to be safe.

NC P.C. [a.k.a 'little Hitler'Those with their right hands held high are: Sarah Brady, Carolyn McCarthy, Charles Schumer, Joseph Mondello and most of the NYS & Nassau 'Back-stabbing' GOP.

Published by Alan Chwick (EMail: Editor@iNCNF.org)



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