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Message from NYSTPBA President Tom Mungeer, July 1, 2022







NYSTPBA Newsletter Message from NYSTPBA President Tom Mungeer Arbitrary and Capricious - Legislating by Knee-Jerk Reaction As expected, Gov. Kathy Hochul’s convening of an extraordinary session of the New York State Legislature this week to hastily draft and vote on new, asinine gun “safety” legislation in response to the United States Supreme Court's decision in NYSRPA v. Bruen - which our governor called reckless and reprehensible - was nothing short of a complete shit-show. Senators and members of the Assembly congregated from around the state in Albany Thursday only to find there was no actual legislation to read, only disjointed ideas being discussed behind closed doors. As of this writing, there still is no definitive concrete plan. The following is my ranting op-ed about what the Governor seems to want to enact. Under the conceptual new concealed carry law, guns would be banned from “sensitive areas” such as government buildings, parks, mass transit, health and medical facilities, places where children gather, daycare centers, schools, zoos, playgrounds, polling places, educational institutions and places where alcohol is served.It also added new training courses and safe storage requirements in vehicles plus requirements in the purchase of ammunition for guns that require a permit, including that a check will be required to purchase ammunition, and a permit will need to be shown at the time of purchase. In addition, any private business is considered off limits for concealed carry permit holders unless there is a sign displayed saying otherwise. I find it rather ironic that they want guns banned from “any gathering of individuals to collectively express their constitutional right to protest or assemble.” So, you can protest the new gun law as long as you don’t have a gun. The only thing that they seem to have gotten right is that it appears, for now, that active and retired law enforcement will be exempt from the new regulations (as of this writing). When asked where one could possibly go with a concealed weapon as a result of the new law, Governor Hochul replied, “Probably some streets.” (Are you kidding me? Our elected officials are out of their damn minds!) In response, I think I’ll defer to the majority opinion written by Supreme Court Justice Clarence Thomas who stated, “expanding the category of ‘sensitive places’ simply to all places of public congregation that are not isolated from law enforcement defines the category of ‘sensitive places’ far too broadly…and would eviscerate the general right to publicly carry arms for self-defense…” According to constitutional expert Andrew Lieb, "It's very unclear if it's going to appease the new Supreme Court standard and it's likely going to result in another Second Amendment constitutional crisis." Legislating by knee-jerk reaction has proven time and time again to not work. When you create bad policy, you create bad law. According to the opinions of more than a few, many aspects of this law are unconstitutional as well. Where else but New York can a group of elected officials get together and collectively punish - not the criminals who will do whatever they want anyway - but the millions of law-abiding citizens who legally own a firearm? As we all know, criminals aren’t going to go out and get a concealed carry permit before committing armed robbery. Cue the New York State Rifle & Pistol Association. Your turn, ladies and gentlemen. A Voice from the Other Side of the Aisle "They create a target for criminals. If you're going to identify a location and you're going to tell the criminal that at that location there will be no law-abiding New Yorkers who will safely and securely carry a firearm for their own self-defense, you are putting the safety of other people at that location at risk. So, I actually think what they're doing in Albany will make New York less safe." - GOP gubernatorial candidate Lee Zeldin Who’s Out of Touch? Governor Hochul’s Top 10 Quotes from this Week 10) This is not the wild west. This is New York state. 9) The SCOTUS is ruling “totally out of touch” with what most New York residents want. 8) We [State elected officials] know that we have more powers than people may realize and we're going to institute those to make sure New Yorkers are safe. 7) I can't shut off all places. The decision said you cannot say the entire island of Manhattan is off limits. I will go right up to the line. I will not cross the line. 6) I'm trying to prevent deaths while respecting the rights of gun owners. We'll find the right balance. I'm very familiar with the culture and I understand people's concerns, but I have a responsibility to protect lives in this state, and that's what I'm doing. 5) While the Supreme Court's appalling decision to strike down New York State's concealed carry law has potentially vast and far-reaching implications, it does not activate any immediate changes to State gun license and permit laws, nor does it allow residential permit owners to carry their weapons outside their homes. As the case returns to lower court, we encourage responsible gun owners to continue to follow their current restrictions, and always put safety first. 4) The presumption is that private property owners will not want to have concealed carry weapons on their premises, but should they decide they do, they would actually affirmatively put a sign in their window...'Concealed carry weapons welcome here' - otherwise the presumption will be in the state of New York that they are not. 3) If the federal government will not have sweeping laws to protect us, then our states and our governors have a moral responsibility to do what we can and have laws that protect our citizens because of what is going on - the insanity of the gun culture that has now possessed everyone all the way up to, even to the Supreme Court. 2) This is dealing with the fact that the Supreme Court less than one week ago turned our world upside down. And now it says that there's gonna be a much higher number of people walking our streets going on the subway sitting next to someone on a bus unless we take the action to protect our citizens. 1) When asked if she had “the numbers to show it’s the concealed carry permit holders that are committing crimes” – “I don’t need to have numbers. I don’t need to have a data point to say this.” Well, at Least We Don’t Live in California It is reported that the office of California's Attorney General Rob Bonta released the personal information of thousands of California gun owners from the state's database of concealed carry permit holders, including the gun owners’ full name, date of birth, home address, race, when their concealed carry permit was issued, and what type of permit it was. In a press release announcing the new database Bonta stated, “Today’s announcement puts power and information into the hands of our communities by helping them better understand the role and potential dangers of firearms within our state.” *Disclaimer - It is unknown whether the leak was intentional or simply an accident from the California DOJ's office, incidentally, it was days after last week's SCOTUS opinion. Don't Let The Door Hit You in The Ass On The Way Out Green Day lead singer Billie Joe Armstrong told fans during a concert in London Stadium last Friday that he no longer wants to be a U.S. citizen because of his disgust over the Supreme Court decision overturning Roe v. Wade. “I’m … renouncing my citizenship. I’m f--king coming here,” he stated. “Oh, I’m not kidding…” (Cue Gene Wilder in his best Willy Wonka tone – “Stop, don’t, come back…”) Quotes of the Week – Part II “The New York State Constitution expressly states that citizens meeting the age and residency requirements are entitled to register and vote in elections. The New York State Election law reaffirms that citizens meeting the age and residency requirements are entitled to register and vote in elections. There is no statutory ability for the City of New York to issue inconsistent laws permitting non-citizens to vote.” - State Supreme Court Justice Ralph Porzio, in his opinion that a 2021 New York City law that would have let 800,000 noncitizens become eligible to vote in local elections violates the state constitution and election law. “This is the recognition that our laws mean something, and my progressive colleagues can’t ignore them to suit their own agenda. To be clear, this has always been illegal. And administration officials have been testifying to that for over a decade.” - New York City Council Minority Leader Joe Borelli Quotes of the Week – Part III “It’s crippling. It’s crippling our lawyers. You become a file clerk rather than a trial lawyer…Most of it is completely irrelevant and not germane in any way to the issues of the case.” - Joan Illuzzi-Orbon, a former veteran Manhattan ADA and trial division chief regarding the news that 12 and 13 percent of the Manhattan and Brooklyn district attorney’s offices, respectively, have resigned mostly because of the added workload and time constraints resulting from the state criminal justice reforms such as the new discovery requirements. How do you think the police officers feel? NYSTPBA Store One of the new items that can be purchased through the NYSTPBA’s store is an insulated can cooler. The insulated can cooler is perfect for iced coffee or your favorite 12-oz. canned beverage. The cooler features NYST lettering in silver. Perfect for going to the beach, camping, boating and summer activities! This item can also be purchased in-person at our store at the PBA’s 120 State Street office in Albany. The store is located on the first floor of the building, next to the legal department. The NYSTPBA store can be contacted by calling 518-462-7448 option 2 or by sending an email to nystrooperapparel@nystpba.org. To browse the other items including clothing, accessories and collectibles for purchase on the NYSTPBA online store, visit the website at https://nystapparel.com/. The Pendulum Swings Back In this week’s Democratic primaries, many far-left candidates, some backed by prominent lawmakers, including 7 out of 9 Assembly candidates backed by Congresswoman Alexandria Ocasio-Cortez, were beaten by more moderate-minded candidates, many by sizable margins, as Democratic voters seemed to gravitate back toward the party’s ideological center. Have a happy and safe July 4th weekend everyone, especially those of you who are on the road keeping us all safe. “I want to thank the Good Lord for making me a Yankee.” - Joe DiMaggio This email is an automated notification, which is unable to receive replies. To send a comment to the NYSTPBA, please contact us at nystpba@nystpba.org.

The Police Benevolent Association of the New York State Troopers 120 State St. Albany, New York 12207 (518) 462-7448 http://www.nystpba.org

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