. Bullets flewjust past the 2 p.m.dismissal timeafter a fight eruptedoutside the Williamsburg Charter High School at 198 Varet Street, cops said. In the first version of the State Constitution, a Bill of Rights was noticeably lacking. Who can say what the State Government's motivations were at the time?Prior to the McDonald decision, and for those theorists who mistakenly held to a collective rights-only notion of the Second Amendment, (and many still do), the early New York Government felt it need not worry about the Second Amendment. . She will roll out a flurry of Press Releases and give endless Press Briefings, and will resort to bad-mouthing both the High Court and Gun Lovers. And she will go on about, Gun Violence, and Assault Weapons, and Large Capacity Magazines.. But why does Government fear the common man? . I understand the Courts denial today to reflect respect for the Second Circuits procedures in managing its own docket, rather than expressing any view on the merits of the case. And, so, the Federal Government and States like New York attack armed self-defense incessantly, aggressively. A firearm, being insentient, is incapable of engaging in harm initiated by itself but listening to antigun zealots, one tends to hear them argue otherwise. The Government has deleted the words from the Handgun Law, and the import of PROPER CAUSE.. It works! , 22 Hamline L. Rev. They may have a fleeting recollection of a once free and sovereign peoplethrough an ancestral memory floating briefly and vaguely to the surface of their mind, but that will pass. Indeed, the Plaintiffs probably struggled to find a jurisdictional basis. Supp.3d___ (N.D.N.Y. If the Court did not do so, they intimated, the public would realize that the Court is motivated mainly by politics, rather than by adherence to the law, and the Court would face the possibility of legislative reprisal. But, the Second Circuit has provided the New York Government until 4.00 PM, Tuesday, January 3, 2023, to issue its response if it wishes to do so.The procedural tool the Plaintiffs used to secure U.S. Supreme Court intervention here is called the All Writs Act, codified in 28 USCS 1291. Among other things, the ordinance prohibited law-abiding New Yorkers with a license to keep a handgun in the home (a premises license) from taking that weapon to a firing range outside the City. This is of the very essence of judicial duty.. Federal restrictions. Respondents argument would in effect exempt cities from theSecond Amendmentand would eviscerate the general right to publicly carry arms for self-defense that we discuss in detail below. The scanning program continues to be a vital security initiative and significant deterrent to weapons and violence. If the U.S. Supreme Court demurs from hearing the case, it defeats the. In the statement, its President and CEO Joseph Bartozzi called the AR-15 the most popular rifle sold in America and a commonly-owned firearm.See also article in Forbes. She didnt. The former does not.NYSRPA vs. Bruen is the latest in a Supreme Court jurisprudential trilogy of seminal Second Amendment cases. Most of the next full page focuses on the president. The bills title says everything a person needs to know about it. We had a window of opportunity. This was evident from the odd request issued by Associate Justice Sonia Sotomayor, on December 27, 2022, giving the Hochul Government four days to respond to the Plaintiffs Application for Relief. Realizing that the Court expected a response, the Government complied, filing its Response on January 5, 2023.The Plaintiffs filed their reply to the Governments Response, on January 11, 2023.The High Court issued a terse order on January 11, 2023, denying Plaintiffs Application to vacate the stay on the Plaintiffs PI.This Order allows the Hochul Government to enforce the Concealed Carry Improvement Act (CCIA) while the Second Circuit reviews the substantive merits of the Plaintiffs challenge.As pointed out by Duncan Johnson in an Ammoland article, posted on January 11, 2022, Justice Samuel Alito made clear to both the Government and the Second Circuit that the Court is not to dawdle.Justice Clarence Thomas joined Alito on this, so we should understand that Alitos remarks are those also of Thomas.Alito and Thomas understood that the High Courts refusal to lift the stay on the Plaintiffs PI gives Hochul and the Legislature in Albany breathing space. . Federal Law also prohibits illegal aliens from possessing firearms. This is something it avoided in NYSRPA vs. Bruen. The forces that crush western nations and people realize the usefulness of sociopathic and psychopathic elements to destabilize nation-states if allowed to do so, and they are given free rein to do just that in the United States.Such absolutism compels one to believe falsely in the futility of securing schools from harm. The Right, then, is neither something the people of New York create nor that of a Divine Being.Use of a nonlegal word establishes and avoids any foreseeable problem that might arise from a citizen contesting Government infringement of a Right that CANNOT be infringed. And the Tyrant will ever fear the armed citizenthe keeping and bearing of firearms by the common man. When a firearm is obtained from an immediate family member, you need the following items: Filled out amendment form Completed Private Transfer to Immediate Family Members form Payment of $3 - cash or check made out to Monroe County Clerk If you are mailing in or dropping off your transaction you must also provide: It is children that need protecting, and hardening the schools against attack, serves to protect the lives and well-being of the children. AQ refuses to be pigeonholed, focused on terminology cunningly devised by propagandists. Bruen. It is meant as a colossal tease. Likely they do. 74-75. See CBS Affiliate 6News reporter Anne McCloy's interview with Kathy Hochul, on June 29, 2022: Anne: Do you have the numbers to show that its the concealed carry permit holders that are committing crimes? New York is one of the states with the most stringent conceal carry requirements. No less so, do a few Justices on the U.S. Supreme Court have the back of the American people, through the Courts principled and avid defense of the Nations Bill of Rights. And the U.S. Supreme Court would take the case up. 2d 637 (2008). And, if not, she must, at least, appear so: feigning all sorts of righteous indignation during her Press conferences or when distributing her official Press Releases.Hochul had expected an adverse decision from the High Court, surely, and was undoubtedly prepared for it, but she had to set the stage for what would come after, the imposition of a new set of highly restrictive handgun licensing measures, building on all that came before.Those amendments were already writtenthe Legislature must have drafted the amendments well in advance of the publication of the Bruen decision, given the breadth of detail in them and the scale of themwell before the Bruen rulings came down. 1095 serving as the catalyst for public displays of the destruction of firearms across the Country?Just undertake some cost/benefit analysis. It is an agenda aimed at weakening and eventually eliminating the fundamental, unalienable, natural law right of the people to armed self-defense. They can both be given effect: one as a declaration the AR-15 Rifle is the National Rifle of the United Statesa blanket and bold assertion with no impactand the other positing a ban on civilian citizen ownership and possession of that rifle, a bill that, if enacted, would have a decisive and negative impact on the sanctity and inviolability of the Bill of Rights.The enactment of a wholesale Congressional ban on AR-15 rifles is consistent with the enactment of a law declaring the AR-15 to be the National Gun of the United States.So, calling the AR-15 Rifle the National Gun of the United States does not mean the gun is here to stay contrary to the assertion of one Ammoland reader.One can yell it till the cows come home, and all the while there could still be enacted a bill, or ATF ruling, or, perhaps, an executive decree that no civilian citizen can lawfully own or possess an AR-15 Rifle. Candidate 2013, Columbia Law.New York holders of valid handgun licensees may not be immediately aware of an important fact. The NRA supports it. It did not take the next logical step. But then, it is this armed citizenryupward of one hundred million Americanswhom the Anti-Second Amendment contingent of the Country and one-world-government proponents are really targeting.Tyranny is what the world empire builders have sought for decades and what they intend to accomplish, for that is what a world government means. I dont need to have a data point to say this. The NYPD'sLicensingDivision still handles allhandgunlicenseapplications in the city. Marbury vs. Madison, 5 U.S. 137, 1 Cranch 137 (1803). If an applicant cannot make that showing, he can receive only a restricted license for public carry, which allows him to carry a firearm for a limited purpose, such as hunting, target shooting, or employment. See the article, titled, How to Interact with the Police in New York City Public Schools.The Legacy Press, itself, abhorring guns and contemptuous of those who choose to exercise their natural law right to keep and bear them, does nothing to alleviate the publics phobic reaction toward guns. ____________________________________Copyright 2023 Roger J Katz (Towne Criour), Stephen L. DAndrilli (Publius) All Rights Reserved. That is to say, the elimination of the lawful possession of firearms by civilian citizens. Some estimates suggest New York has more than200,000conceal carry permit holders. *Major portions of the CCIA are unconstitutional: in particular, the Good Moral Character requirement and the Sensitive-Place restriction designations. Had she spent a little time reflecting on the content of the Opinion, she would know the Court had dismissed the case due to a standing issue of one of the Party Plaintiffs, and that matter could be rectified by simply filing a new case setting out the same allegations. Hochul knew that, in her messaging, she was addressing not merely New York, but the Country at large, and the Biden Administration, and many in Congress too, her compatriots.But to say her words and conduct toward the Court are disrespectful and that her response to the Bruen rulings amounts to evasion, not compliance, is to trivialize the seriousness of the actions of this Governor.Necessary as it was to set the groundwork for defiance of the High Court, Hochul was playing a dangerous game. 2d 650 (2000)(per curiam) (internal quotation marks omitted). That only emboldens activist Governments as we have seen.The fundamental, unalienable right to armed self-defense is not subject to negotiation. The transferor can simply hand the gun over to the transferee. And, many other school systems across the Country follow the Biden Administrations policy.One is left to ponder the forces at work in this Country who have little if any regard for the life and well-being of the average American: whether man, woman, or child. That one-dimensional view of school shootings is the beginning and the end of the matter for Biden and his Administration. The next month, onJune 2, 2022,as reported inBreitbart,Joe Biden,himself,confirmedhe doesnt support hardening school buildings.President Joe Biden delivered a 20-minute prime-time address about gun violence on Thursday in which he mentioned a litany of gun control policies without mentioning the need for hardening school security . For example, the New York Handgun Licensing Officer in New York City, i.e., the NYPD License Division, has routinely denied the issuance of handgun license, whether for an unrestricted concealed handgun carry license or a restricted premise license if a person has an arrest record, even without conviction and even if the arrest or arrest and conviction occurred while the applicant was a juvenile, and the arrest or conviction record would likely be under seal, or if the individual has a history of mental illness whether or not the applicant had been institutionalized.It should be noted the NYPD License Division, for one, always denied a persons application for any kind of handgun license if the individual had an arrest record, even sans conviction, although the denial in that circumstance could oftendepending on the nature of the prior arrest or arrests, but not invariablybe overcome through an Administrative Hearing.Assuming the applicant did not fall into an 18 USCS 922(g) or (n) category and the applicant did not seem, to the licensing officer, to have an objective flaw such as an arrest record, or history of mental illness, AND the applicant sought a concealed carry license, the officer would proceed to the second step, to ascertain whether that person satisfied the Proper Cause/Extraordinary Need requirement. In a word, 'Nothing!' PDF How to have joint use of a weapon separation from joint use process It was never seen as an issue demanding resolution.The Hochul Government immediately perceived the Good Moral Character asa useful mechanism to maintain the May Issue prerogative and jumped on it.After the publication of the Bruen decision, the Hochul Government went to work to transform the Good Moral Character Requirement into a de facto Proper Cause requirement. Rather, New York courts generally require evidence of particular threats, attacks or other extraordinary danger to personal safety.In re Martinek, 294 App. This is plain in their opinions. While all hand guns (like revolvers and pistols) require a background check, long guns (like rifles and shot guns) can be sold or given away directly. In an article published in Ammoland Shooting Sports News, the NRA-ILA asserts,Since theDistrict of Columbia v. Hellerdecisionin 2008, gun control advocates have parsed every word of Justice Antonin Scalias opinion for ways in which to continue their campaign against the Second Amendment. Today, the running Press narrative aligns with the goal of the de facto elimination of an armed American citizenry. Put simply, there is no historical basis for New York to effectively declare the island of Manhattan a sensitive place simply because it is crowded and protected generally by the New YorkCity Police Department.This did not stop the Hochul Government. Immediate family members may use this form to transfer ownership of handguns to one another. 2d 436, 438-439, 663 N. E. 2d 316, 316-317, 639 N.Y.S.2d 1004 (1996);Babernitzv.Police Dept. . . The U.S. Supreme Court Second Amendment case law decisions in Heller, McDonald and Bruen are on the line, and the American public can thank or blame New York Governor Kathy Hochul, along with the Anti-Second Amendment Democrat Party-controlled Legislature in Albany, for this. New York has become, under the CCIA, a massive patchwork quilt of designated restrictive Sensitive-Places. A licensee will need to carry a map, demarcating all those areas in New York where he can and cannot lawfully carry a handgun. Or so the public is told. Because these licensing regimes do not require applicants to show an atypical need for armed self-defense, they do not necessarily prevent law-abiding, responsible citizens from exercising their Second Amendment right to public carry. He must surrender his handgun and any other firearms, rifles, or shotguns he may happen to possess. A demented fool for President and the implementation of policies designed to harm the Nation dont just happen. Sadly, mass shootings will recur. It isnt one of his own makings, but that of Hochul and the Democrat-Party-controlled Legislature in Albany, and the secretive powers behind both that have engineered the destruction of our Country.Is Andrew Waite even aware of this?The reporter for the Daily Gazette falls into the very trap that many reporters and columnists fall into, viewing fundamental, immutable natural law rights as a matter of public opinion and failing to grasp that some rights are not a matter of natural law, but are merely man-made constructs.The publics reaction to the Dobbs abortion case is a prime example of this.Andrew Waite writes,With diametrically opposed laws and individualized interpretations of how to enforce those laws, it can be hard to know which way is up, and which way is down. It isn't the sort of thing that Government bestows on man. The problems attendant to Bruen rest not with the rulings themselves, but with abstruseness; a lack of clarity. Just as the First Amendment protects modern forms of communications, e.g., Reno v. ACLU, 521 U.S. 844, 849, 117 S. Ct. 2329, 138 L. Ed. But is it, really?Theres a catch. The author of the article, Billy Hallowell, writing for. One that Hochul dutifully utilizes. And isnt that the central point of the Bruen rulings?Raw abhorrence of firearms precludes rational debate over the right to armed self-defense in the face of imminent violent assault against self.In fact, even if the licensee does hold a valid concealed handgun carry license, that may not protect him from a charge of manslaughter or murder. the Second Amendment to the U.S. Constitution. The actual shooting scene, too, is cut, post-production.A final still shows the fallen ANTAGONIST, with head deliberately obscured, body visible and contorted on the floor.The entire video camera sequence does appear to have a refined, staged look.The two officers, as with the ANTAGONIST, are demonstrably and inextricably linked with the weapons they bear (one wielding a presumably selective fire assault rifle, and the second officer wielding a semiautomatic handgun). Americans are inured to that. Was it holding disparate, inconsistent beliefs that defy rational explanation? The mainstay of the CCIA includes two provisions: one aimed at restricting exercise of the right to armed self-defense in the public domain upon those whom State licensing officials have issued a concealed handgun carry license, and the other aimed at restricting the number of licenses so issued. New York City's 2023 population stands at20,448,194, hardly an insignificant number.Nearly 43% of New York state's population live in the 305 square miles that comprise New York City. And, yet there are those that fault the common man, the average American for his accomplishments and the accomplishments of this Nation on behalf of and by the efforts of the common man. On the micro level one sees this corruption in the immolation of major cities and in the degradation of the lives of the people who reside in them, run by a host of petty tyrants. Where is that case headed in the immediate future?The High Court will issue its order, sending the case back to the Second Circuit, but likely reaffirming the District Courts grant of the PI, staying enforcement of the CCIA during the pendency of the case. That means the needs and desires of the individual must be sacrificed to the needs and desires of the Hive. He has to abide by the state laws, but he also raised his right hand and swore to uphold the U.S. Constitution, and latelyagain, thanks to officials such as Gov. . Yet, this notion is at loggerheads with the position of the New York State Legislature that passed, in 2018, a bill funding schools specifically to use armed personnel To strengthen security and help keep students safe.The view of the Huntington School District, on Long Island, aligns with that of the States Legislators in Albany. See 1911 N. Y. They forge false evidence to get illegal surveillance warrants. . Indeed, the Plaintiffs probably struggled to find a jurisdictional basis. and of their ability to secure relief from Federal Government excesses. Yet, the empire envisioned today is vaster and more treacherous, and more dangerous than that of the British Empire under George III and of the nascent Rothschild Banking Dynasty.Fifth, Americans dont need a bill to declare this or that firearm to be a National Gun. The Sensitive-Place prohibition on the carrying of a concealed handgun raises another more obscure question.There are nuances and fuzzy areas connected with Sensitive-Place restrictions.In some cases what may at first blush seem to be a place where a holder of a valid concealed handgun carry license may lawfully carry his handgun turns out, on analysis, to be a Sensitive-Place, where a person cannot lawfully carry a handgun, after all.This places County Sheriffs in a quandary and under considerable strain.No less so it places the holder of a license in a precarious situation.That person is in danger of being cited for carrying a handgun in a Sensitive-Place even if this occurred innocently, and inadvertently.He then faces revocation of his license. The Biden Administration has made inroads into the High Courts independence by seating Neo-Marxist Ketanji Brown-Jackson on the Court.Her aim is that of her sponsors: to eliminate the exercise of our natural law rights. As an interlocutory (non-final) decision of a Federal Circuit Court, it is rare for the High Court to consider a matter. And that is problematic. For if the Rights contained therein are to be construed as elemental, fundamental, illimitable, immutable, unalienable and eternal Natural Law Rights, as the Founders of our Republic accepted as axiomatic, then these Rights are not the sorts of things that government, any governmentState, Federal, or localhas the lawful authority to ignore, dismiss, tinker and tamper with, or abrogate, in any matter. Our position is that pragmatic considerations require tough choices when it comes to who should be allowed to possess a firearm. For ordinary citizens, the only exemption that applies is possession with a license issued under section 400.00. . The Handgun Law worked THAT well.Through time, the Handgun Licensing Statute became more elaborate. The Assassins of our free Constitutional Republic continue consolidating their power over the Federal Government, over the States, and over the people, blatantly disregarding law and Constitution, usurping the sovereignty of the States and the citizenry. For the individual undeterred in his quest to acquire a concealed handgun carry license, he must willingly accept Government interference with his fundamental right to privacy and autonomy.Application of this bolstered GOOD MORAL CHARACTER provision has a chilling effect on the First Amendment Freedom of Speech clause and on tacit Freedom of Association, and on the Fourth Amendment right of a person to be free from unreasonable searches and seizures. To date, we have published over 40 articles on these cases.See, e.g., our article, posted on the AQ website on October 22, 2022, pertaining to the New York Government's interlocutory appeal to the U.S. Supreme Court, requesting the High Court to lift the Stay on enforcement of the CCIA during the pendency of the lawsuit in Antonyuk vs. Hochul.The Antonyuk case was subsequently recaptioned, Antonyuk vs. Nigrelliwhen the U.S. District Court for the Northern District of New York dismissed Governor Hochul from the lawsuit.Steven Nigrelli is the new Acting Superintendant of the New York State Police, appointed by Governor Hochul. It is just a matter of time.______________________________. And he does have a lot of legal experience. 1992). [Bruen Majority Opinion]Thus, the U.S. Supreme Court ruled that demonstration of extraordinary need for carrying a handgun in public for self-defense, heretofore inextricably tied to Proper Cause/May Issue, is unconstitutional. It did not invoke any means-end test such as strict or intermediate scrutiny, and it expressly rejected any interest-balancing inquiry akin to intermediate scrutiny.This brings us back to Iowas amendment to its State Constitution. The violent, depraved criminal and mindless lunatic are petty annoyances at worst, even if they are grave threats to the commonalty. The states without rights to bear arms enshrined in their state constitutionsare: California, Iowa, Maryland, Minnesota, New Jersey, and New York. Indeed a person can have bad character, but, unless he is a blatant threat to others, a licensing authority should not wield ones Character as a sword against him.The problem here rests with the Government licensing of handguns. As he (and we, the audience) hear shots fired at an upper level of the school building, the officer double-times up a couple flights of stairs where yet other officers guide him to a large lobby area.
