ORANGE COUNTY NEWS
6 Orange County Police Departments sign on to
NYAGV's Assault weapons and ammo ban.
See story below.
The Following police departments have their
name listed as part of the New Yorkers Against Gun Violence's list of
120 Police Departments that support the new Assault Weapons Ban. Please
contact them and let them know how you feel.
ORANGE COUNTY POLICE DEPARTMENTS:
Town of Blooming Grove Police Department
Chief Carl Schupp
2 Horton Rd.
Blooming Grove, NY 10914
Village of Chester Police Department
Acting Chief Peter Graziano
47 Main St.
Chester, NY 10918
Middletown New York Police Department
Chief Matthew Byrne
2 James St.
Middletown, NY 10940
Town of New Windsor Police Department
Chief Michael C. Biasotti
555 Union Ave
New Windsor, NY 12553
Phone: (845) 565-7000
Town of Tuxedo Police Department
Chief Daniel J. Carlin
PO Box 728
Tuxedo, NY 10987
|Town of Woodbury Police Department
Chief Robert J. Kwiatkowski
386 Route 32
Central Valley, NY 10917
Phone: (845) 928-2341
HERE to see the cover letter that I have written and CLICK
HERE to see the report on the new AWB that I am sending each
of them. Please e-mail
me at if you talk to one of those listed and they tell you anything.
2004 Pistol License applications for Orange County
Pistol License applications were up slightly
in the last year following the surge in 2001 and 2002 caused by retiring
NY City Police officers. Amendments were up because Orange County has
switched to the new
credit card size plastic license. Many people prefer the plastic card
to the paper license so they are requesting a DUPLICATE license by filing
FRIENDS OF THE NRA DINNER IN MARCH
The Annual Hudson Highland Friends of the
NRA Dinner will be held on Friday night, March 4th at Kuhl’s Highland
House in Middletown. Upstate NY NRA Field Representative Jay Rusnock is
coordinating the event as usual with help from the local Committee. This
is really a grand event with several hundred people attending and hundreds
of prizes and raffles to win. (I have won a handgun, a rifle, a combo
shotgun and many other prizes at these event.) The NRA is providing 6
Special NRA guns to be given away and we will have the famous "WALL
OF GUNS" where we sell 50 tickets and draw for a gun and if you win
you get to pick the gun or other prizes you want out of the may to select
You never know what will show up as a Bucket
Raffle Prize and they will have plenty of those and if your luck is not
as good as we would like, you can always win one of the Silent Auction
items or bid on one of the regular Auction items.
This is always a good way to meet other
gun owners and other outdoor sports people from Orange County and the
Mater Class to hold their 8th Annual
John Browning Combo Match
HERE FOR COURSE OF FIRE
Mater Class Shooters Supply in Monroe is
going to hold their 8th Annual John Browning Combo Match on January 8th.
All you need to enter is to have any gun made by John Moses Browning who
is America's greatest gun inventor. Among some of the types of guns he
invented Lever Action Repeating Rifles, Automatic shotguns, Machine guns,
and Handguns including Colt's .45 ACP M1911 Government Model and FN's
Browning High-Power among others. This match combines BULLSEYE,
STEEL PLATES, COMBAT COURSE AND MOVING TARGETS.
This is one of the most fun shoots that
you can attend and money prizes will be awarded. It is worth it just for
2006 Match Results
CLICK HERE TO SEE THE SCORES
Additional awards for the John Browning
Highest scoring shooter using a Browning design pistol in optic
class is Rich B. for an additional $25.
Highest scoring shooter using a Browning design pistol in iron class
is Mike C. for an additional $25.
Lowest scoring shooter in Bullseye is Mark Diana who gets a box
Lowest scoring shooter in combat is John D. who gets a box of ammo
Lowest scoring shooter in plates is Lloyd J. who gets a box of ammo.
Lowest scoring shooter in the mover is Larry W. who gets a box of
Ever since the John Browning match
was designed (by Josh Siegel " and Dennis Serpi) back in 1997,
we've had nothing but a great time. We've seen some really spectacular
performances and we've seen some real classic bombs...ie..Lloyd's
0 and Mark's 15-0x. Anyway you look at it, it's the most fun one
can have in 2 hours.
Every year we take reservations for this match over the phone and
the competitors make their relays even if they're sliding in . At
the bell (Todd.) This year they had a situation they just cannot
understand...They had 5 shooters make reservations and not show,
not call, not pay, and I guess generally not care about others were
turned away because we honored their reservation. This situation
caused the loss of $225 in shooters award money. Master Class will
hereafter not honor reservations from those who failed to show,
call or care about the other shooters. Shooters who are a bit dissatisfied
with the payout can take it up with these guys. In the future, we
will accept reservation only with total pre- payment. Period.
Everyone did get full on all of the
food that was available and everyone looks forward to the 2007 John
Browning Combo Match
County Trappers will hold their Annual Dinner on Jan-14 at Kuhl’s
Highland House in Middletown. The event will have many raffles and bucket
prizes. Several awards will be given out recognizing those individuals
and groups who have contributed to help preserve our outdoor activates.
Tickets are only $30 and the food will be great.
OCShooters.com gets 230,000 hits in 2005
OCShooters.com had a record setting year
as far as the number of visits. A little over 230,000 hits were recorded
across the whole site with ,YOUTH
MODEL FIREARMS, BUYING
YOUR FIRST GUN AND LEARNING HOW TO SHOOT, KIDS
AND GUNS, STORES
AND RANGES AND GUNSHOWS
being the most popular pages. All of the pages
having to do with getting a handgun license and Hunting
had a lot of hits as did two gun stores, Master
Class and Bob's Gun
Exchange. The most popular Photo
Album page, as always was the SAFE
The year ended with the last three months
all over 23,000 each with November setting the record at 27,552 and the
hits come from all over the world. Seychelles, Estonia, Cocos (Keeling)
Islands, Brunei Darussalam , Burkina Faso, Liechtenstein, Tonga, and Nepal
are just a few of the places where people have visited this web site from.
of the URLs have logged on are, cbs.com, http://bop.gov/
Federal Bureau of Prisons, ottaway.com
fws.gov U.S. Fish & Wildlife Service, .nbc.com,
CBS Studio Center, oag.state.ny.us
Office of NYS Attorney General Eliot Spitzer, customs.treas.gov, neimanmarcus.com,
doe.gov, nydailynews.com, and the .irs.gov.
One of the most popular pictures
is one from June/July
and is a picture of Sen. H****** R***** C****** kissing Suha Arafat.
4th Annual Sportsman’s Banquet at Calvary Baptist Church
Jan 7th 2006 at 6pm
5 Wisner Rd.
Warwick NY 10990
UPDATE: AFTER THE DINNER
year the Calvary Baptist Church has a better and better event and
this year it was the same. The food
was just great and we had more than enough for everyone, some of
us even had seconds. (That I might not have had if I had know in
advance what wonderful deserts they were going to have.) A big thanks
goes to those who cooked and worked to set everything out and supplied
the food and to Eric C. Dammann, Associate Pastor, who planed everything
and is a wonderful host.
Robert A. Gatto of Gatto's Taxidermy
Studio from Middletown, (343-1079,) supplied some great mount to
see. I got a big kick out of the Turkey being attacked. He also
had Deer mounts a great Pheasant mount, bear, fish and other mounts.
Alsheimer gave a great presentation and many of the
people who attended took the opportunity to purchase one of his
great books, posters or pictures. Visit his web site to get an idea
of what you missed, http://www.charliealsheimer.com/ca/default.htm.
He had a wonderful slide show with great pictures that he has taken
around the world. He gave a great explanation of the fall Deer rut
and how to time it and what the sun, moon and other factors have
to do with it. As a new Deer hunter it really explained what was
going on. Charles was
accompanied by his wife, Carla, (his son is at school,) and gave
a real heart felt message that everyone really appreciated.
If you missed this one make sure that
you try to go to the next on in January of next year. It is a cheep
night out, you get to hang out with other hunters, you get a great
presentation that if you had to buy tickets to it at any other place
would cost your $50 just for the food and another $35 to $50 for
the presentation. It is worth the money just to see the mount.
This year's banquet will have the great
food that it is noted for and Charles Asheimer will give a great presentation
on white-tail deer. They only have room for 125 people so make your reservations
early. It is a great way to start the year. Call Call 986-2137 or e-mail
me at firstname.lastname@example.org for more information.
Charles Alsheimer is a noted hunter, author
and wildlife photographer. As a field editor for Deer and Deer Hunting
magazine and a regular contributor to several other leading outdoor publications,
Charlie Alsheimer is committed to providing the latest insights on whitetail
behavior and deer hunting strategies. In recent years, Alsheimer's writing
has helped fuel the emergence of quality deer management and has shaped
the debate over the moon's impact on deer behavior. Charlie Alsheimer
conducts several dozen speaking engagements throughout the United States
Charlie Alsheimer's Ultimate Deer Hunting
Seminar is a high-energy, information-packed session that covers all of
the latest deer research and hunting tactics. Each seminar includes a
multi-media presentation that focuses on the whitetail and features Charlie's
photography. When speaking to a church audience, Charlie combines a spectacular
multi-media presentation with an inspirational message.
I have been to 2 of the 3 dinners and they
have all been great. I expect to attend this one and will have pictures
in Jan. newsletter. HERE
ARE SOME PICTURES FROM THE 2004 EVENT
NEW YORK STATE NEWS
Join us on March 14th for the Annual March on Albany
Each year the sportsmen and women from
Orange County travelto
Albany to participate in the NEW
YORK STATE CONSERVATION COUNCIL's annual March on Albany.
This year the March will be on March 14th. but the Federation will not
have a bus as in previous years. Make sure that you plan to go.
you want to take the trip and meet with the peoplewho are going to vote
who vote on the bills that will impact you in many areas of your life
including your right to hunt, fish, own guns and all of the taxes, fees
that you pay and the laws, rules and regulations that you have to follow.
CLICK HERE TO SEE A REPORT
ON LAST YEARS TRIP
NEW YORKERS AGAINST GUN VIOLENCE has
done it again. Last Year, NYAGV came out with a list of 60 police departments
that they say signed
a petition in support of the new, improved AWB. The NY bill, A2466A
, is copied it from the "Model Law Banning Assault Weapons"
by The Coalition To Stop Gun Violence based, ( http://www.csgv.org/
) in Washington, DC and the "Model Law Banning Assault Weapons"
from the Legal Community Against Violence, ( http://www.lcav.org )based
in San Francisco, CA., both IANSA groups.
What NYAGV does is to send out a petition
with vague wording that does not give out any specific information about
the bill. It is like if I sent out a petition that said: Please sign
this petition to support bill "A 1234, A BILL TO END SHOOTOUTS
WITH POLICE." Who would not sign that but really the bill would
say that the police were not able to carry guns anymore. I guess that
would end the shoot outs because the police could not shoot back.
Last year I called 5 or 6 of the people
who had signed the petition. All of them ended up hanging up on me even
though I was nice and did not misrepresent who I was or what I was doing.
They got mad when I asked them what they knew about the bills and that
the new laws would ban many popular guns in use today and would not
The petition covers the following bills and
120 people have signed it:
A2466 & S5504; Assault weapons ban that really bans hunting guns
and competition guns.
A2837: Hunting ammunition and personal defense ammo ban.
New York Police Combat Association has new Blog,
Announces 2006 Match Schedule
|| The NYPCA has
launched a new Blog that will have all of the information that you
need to shoot in the matches and other information. The Blog looks
great and is one of the best that I have seen. Make sure you check
it out at:
You can see the 2006 Schedule
and find the link on OCShooters.com by CLICKING
Anti-gun Bills in the Assembly
Too late, all of the bills passed the
Assembly on 1/9/06
All of the bills went
through the Assembly in ONE DAY! Just shows you
what we can expect if the anti-gun forces take over the NY Senate
and we have an anti-gun Governor. Nothing that we can say makes
it through the thick heads of the anti-gun forces. They have no
data to support their proposals and do not know enough about guns
to even understand that the laws that they pass will not impact
the criminals very much if at all but will ban the very types of
guns that they say they support; guns used in hunting and target
shooting. They don't care if they put all of the gun stores out
of business or if they ban hunting ammo.
The New York State Conservation Council
Legislative sent out an Alert on 1-7-2005 that list the following bill.
Everyone is going to oppose each one. They are all a bunch of crap that
will only punish gun owners and shut down all gun stores in NY. Just what
insurance company is going to give any gun store $1,000,000 + required
when the law holds a gun store responsible when a 3rd party using a stolen
gun uses the gun in a crime. My Comments in BLUE
The AWB part is from the "Model
Law Banning Assault Weapons" by The Coalition To Stop Gun Violence
based, ( http://www.csgv.org/ ) in Washington, DC and the "Model
Law Banning Assault Weapons" from the Legal Community Against Violence,
( http://www.lcav.org )based in San Francisco, CA. These groups have produced
model laws to ban what they are call assault weapons. Lavelle's bill is
an almost word for word copy of the almost identical laws proposed by
these two anti-gun groups including outdated references, "According
to FBI data, between 1998 and 2001," from the CSGV model law.
Both groups are members of IANSA,
The International Action Network on Small Arms. The UN working group that
is trying to end private gun ownership of any type in the entire world
and these bills are a good start.
Sheldon Silver is still mad about loosing
this debated when Gov. Mario Pataki got the gun bills passed in the special
session at the end of 2005. Those bills did not punish legal gun owners
enough, did not ban any guns or close down gun stores so he is not happy.
All of these bills are the same or almost
the same as the bills that passed last year.
The following bills are on the Assembly Rules Committee Agenda for Monday
January 9, 2006 at 1:45 PM. We are asking you and all other gun owners
to make contact with your Assembly person to express your opposition.
In addition please contact the members of the rules and codes committees.
Contact your legislator today at any number you may have, be sure to contact
them via fax or email, whatever way BUT PLEASE MAKE CONTACT BEFORE MONDAY
673A WEISENBERG, PAULIN, RAMOS, EDDINGTON, LIFTON, JOHN,
CLARK, NOLAN, CARROZZA, LOPEZ, GRANNIS, TITUS-- An act to amend the
penal law, the general business law and the education law, in relation
to criminally negligent storage of a weapon and weapons safety programs
for children LOCK UP ALL OF YOUR GUNS AND AMMO
ALL OF THE TIME.
DINOWITZ, PHEFFER-- An act to amend the penal law and the correction
law, in relation to eliminating the relief granted by a certificate
of good conduct or certificate of relief from disabilities for a person
convicted of a violent felony offense to lawfully possess a gun THEY
WANT THE TO VOTE WHEN THEY ARE STILL IN PRISON BUT NEVER BE ABLE TO
GET A GUN NO MATTER WHAT THEIR CRIME WAS, WHEN IT WAS OR WHAT THEY HAVE
KOON, LAVELLE, PAULIN, MAYERSOHN, ZEBROWSKI-- An act to amend the executive
law, in relation to the compilation of firearm and ballistic data to
require that all shell casings, bullet and gun be submitted to the state
police. THEY HAVE THE GUN, THEY HAVE THE CRIMINAL
BUT THEY STILL HAVE TO SUBMITT EVERYTHING EVERY TIME?
ENGLEBRIGHT, EDDINGTON, LENTOL, ORTIZ, KOON, ESPAILLAT, WEINSTEIN--An
act to amend the penal law, in relation to the sale of child operated
firearms "THE CAPACITY TO ADJUST THE TRIGGER RESISTANCE TO AT LEAST
A TEN POUND PULL, THE CAPACITY TO ALTER THE FIRING MECHANISM SO THAT
AN AVERAGE FIVE YEAR OLD CHILD`S HANDS ARE TOO SMALL TO OPERATE THE
PISTOL OR REVOLVER, OR THE CAPACITY TO REQUIRE A SERIES OF MULTIPLE
MOTIONS IN ORDER TO FIRE THE PISTOL OR REVOLVER" (A
10 lb pull???????? are they nuts??)
LAVELLE, KOON, LAFAYETTE, COOK-- An act to amend the penal law and the
general business law, in relation to banning the possession, sale or
manufacture of assault weapons and to repeal subdivision 22 of section
265.00 of the penal law relating thereto THE NEW
AWB BECAUSE THE FIRST ONE "DOES NOT GO FAR ENOGH" THE GUN
MAKERS BUILD THE GUNS THE WAY THE AWB TOLD THEM TO BUILD THEM AND IT
IS STILL NOT GOOD ENOUGH. THIS WILL BAN MANY HUNTING GUNS AND TARGET
GUNS. NO GRANDFATHER CLAUSE. ANYTHING WITH A COMP BANNED? Note that
PL400 "2. Types of licenses. ... A license for a pistol or revolver,
other than an assault weapon or a disguised
gun," so if you have a handgun that is an AW you can not have it
on your license.
KOON, TOKASZ, JOHN, DESTITO, RAMOS, DINOWITZ, HOOPER, EDDINGTON, ZEBROWSKI--An
act to amend the penal law, in relation to the possession of armor piercing,
frangible or devastator ammunition A BAN ON MOST
HUNTING / TARGET AMMO
EDDINGTON, BING, LIFTON, BRADLEY, RAMOS, LAVELLE-- An act to amend the
penal law and the executive law, in relation to banning the sale, possession
or use of 50-caliber weapons NO ONE HAS EVER USED
ONE IN ANY CRIME ANYWHERE EVER.
PAULIN, SILVER, LENTOL-- An act to amend the general business law and
the penal law, in relation to preventing the sale of firearms, rifles,
and shotguns to criminals $1,000,000 PLUS INSURANCE,
LOCK UP ALL GUNS IN A FIREPROOF GUN SAFE, NO AMMO THAT THE CUSTOMER
CAN GET TO, NO GUNS ON OPEN DISPLAY, REPORT ALL ATF TRACES, LOTS OF
NYSCC Interview with Eliot Spitzer
Wally John from the New
York State Conservation Council, did an interview with Spitzer
and I can not believe that he did not do any follow up questions to Spitzer.
The lawsuit against gun owners, over ruling the local DA and appealing
the recent Federal lawsuit that NYSPA won that said the wording in the
law that defined what a "Gun Show" was, was too broad. Spitzer,
Silver, Hillary and Bloomberg; protecting your 2nd Amendment rights in
Albany!! I feel so much better.
Questions that I would have asked:
- What was the date the 2nd Amendment start being about hunting and
not about being able to fight for our protection including against out
- When you said; ''We have the capacity to squeeze manufacturers
like a pincers and hurt them in the marketplace., We are bigger than
the NRA (National Rifle Association).'' Were you trying to support the
- Were you trying to support the 2nd Amendment when you brought the
you lost): ELIOT
SPITZER, ATTORNEY GENERAL OF THE STATE OF NEW YORK, -againts- STURM,
RUGER & COMPANY, INC., et al., Plaintiffs... asserting
claims for statutory and common law public nuisance (Spitzer
- Were you supporting the 2nd Amendment when you tried to blackmail
the gun makers by issuing an Executive Order, stating that the Department
of Law will no longer purchase guns from any manufacturer that refuses
to adopt the code of conduct and forming a coalition of anti-gun other
Elected officials from across New York to follow the same guidelines?
16, 2000 PR
- Were you supporting gun owners when you appeared in the 2005 ad in
support of Westchester's first accomplishment listed is Spano's fight
with the NRA and Spitzer states that "The NRA fought him viciously
but Andy Spano signed a bill that said that trigger locks were necessary,"
Q I need to ask you about gun control,
which is a huge issue for sportsmen.
A Yes, and I want to be very clear on where I stand. My background
is law enforcement. I'm a prosecutor by training and experience. My view
is that you work to keep guns out of the hands of criminals, but have
an abiding respect for the 2nd Amendment.
Q Can you be more specific? Do you think
we need more gun control?
A I have absolutely no interest in doing anything that would have
a negative impact on sportsmen. But I do think we need to do more to crack
down on the illegal gun trade. I think we should drive unregistered dealers
out of business. And I think we need to do all we can to keep guns out
of the hands of criminals.
Q Some people think that you're
"anti-gun." What do you say to them?
A It's just not true. The main thing we've tried to do is keep
guns out of the hands of criminals. There is a tremendous problem with
drug violence and gang violence in the cities and, working with law enforcement,
we've tried to address it, but we've also tried to be mindful of the rights
Q How are you going to convince people?
A Look, I don't expect to be endorsed by the NRA. There's probably
nothing I can do to change that. But that's ok. The only thing that bothers
me is the distortion of my positions. I believe that law abiding citizens
should be able to own firearms. I believe that people have right to own
and use their firearms in lawful ways -for hunting, shooting sports or
as collectors. I believe our focus should be on the bad guys.
I part company with the NRA on certain issues,
but to me it's a question of balance. I am a firm believer in the First
Amendment, but you shouldn't be able to yell "Fire" in a movie
theater. I am a strong defender of the presumption of innocence, but I
also think it is appropriate to screen passengers before they get on airlines.
The same is true with respect to guns. How do we balance the rights of
individuals to own guns against the rights of individuals to be safe from
the misuse of guns? I support prohibitions against guns in schools because
they help protect our children. I support firearm - safety courses for
the same reason that I support student driver courses - they help prevent
deadly accidents. I support gun fingerprinting for the same reason I support
DNA testing - if a gun is used to kill someone, it is essential for law
enforcement to know whose gun it was. I think background checks, in this
day and age, are necessary and appropriate. I know it's a hassle to people,
but it's something they have to put up with.
I differ from the NRA on many of these issues,
but, again, it's because I balance the issues differently than they do.
The interesting thing is that, when I talk to
gun owners in New York, they agree with me on most of these issues. Not
all, but most. They agree with background checks to keep guns away from
criminals. They recognize that in this age of terrorism and violence,
some reasonable restrictions are appropriate.
Q The hunting population is aging out and
we need to bring new people into the pastime. Do you support legislation
to authorize a junior big game license?
A I don't have any problem with it. It works in other states.
A young person who has been trained in the classroom and properly instructed
by a family member in the field, that's someone who has been taught respect
for firearms, taught to be a conservationist and that's a good thing.
Q Where are you on sportsman's
A Fees should be dedicated to the Conservationist Fund. There
should be no changes in the fee structure without a specific reason and
without consultation with sportsmen's groups.
NY CoBIS or "GUN DNA" end of year update and possible "HIT"
NY ended 2005 with 117,066 guns in the
Database, with 28,404 guns being added in the year and that is a decrease
of 463 handguns from 2004.
December also was when Rochester got another
"HIT" using NIBIN information. This is the second hit for Rochester
and for the program. The first hit was an embarrassment for the program
and we are still waiting to see if this "HIT" really does anything
to solve a crime. Even the most skeptic of us would have thought that
this program would have had one meaningful hit by now. I almost hope that
this "HIT" solves some major crime, NY has waited almost 4 years
for it and has spent $15 million or more for it. When I know more, you'll
Where in the world is Andy Pelosi?
To the tune of Where in the world is Carmen Sandiego?
As Executive Director for New Yorkers Against Gun Violence
He would travel across the state trying to get you disarmed
He would talk to the politicians, press and who ever else would listen
And then last November he was suddenly just gone.
Where in the world is Andy Pelosi?
They took his name off the Press Release and replaced it with Jackie
And they gave her his title and the cell phone.
Now Andy's name's popped up at The After-School Corporation
Where now he's now the Coordinator of Government Relations
Where in the world is Andy Pelosi?
He's gone on to work for a group started by rich George Soros
Who gave 125 million from his Open Society
They're coming to your Boys and Girls Clubs with lots of new programs
and the local YMCA is another place they'll be.
Where in the world is Andy Pelosi?
Now I hope he does a good job and is very successful
and stops trying to take gun rights away from you and from me.
But some how I doubt it but at least you'll know who did it
when they ban all gun owners from the YMCA.
Now we know where in the world is Andy Pelosi.
Andy Pelosi used to be listed as Executive
Director for New Yorkers Against Gun Violence. He went missing a few months
ago, at the same time Jackie Kuhls got the title and the cell phone. Andy
Pelosi has moved on to The
After-School Corporation in the position of Government Relations Coordinator.
This group is another non-profit that was started by none other than George
Soros's Open Society Institute and has programs in Boys and Girls Clubs
and YMCAs among other places. Andy told me when I talked that after 8
years he had just moved on to a new job but he would still be working
with NYAGV but just not getting paid.
Mission and History
TASC began in 1998 with 25 programs in New
York City and has grown to support more than 300 programs across New York
serving over 55,000 children. TASC programs are operated by 130 community-based
organizations such as Boys and Girls Clubs, neighborhood settlement houses
and the YMCA.
TASC began with a challenge grant from
the Open Society Institute (OSI), which pledged $125 million, based on
the condition that for every dollar OSI contributed, TASC was responsible
for raising an additional three dollars. To date, TASC has leveraged more
than $375 million in public and private funds. TASC's goal of sustaining
after-school programs long after the OSI grant expires is now within reach,
as the field of after-school has grown and flourished over the past decade.
NY City Justice, Rapist on parole who is arrested with 2 guns
released on his own recognizance
HIGHLIGHT: Last week 21 year old Phillips, who was on parole after pleaded
guilty to raping a 15-year-old girl in March of 2003, was arrested outside
the Shanti Day Care where he lives for having two guns in his possession.
On Wednesday a Brooklyn Supreme Court judge released Phillips on
his own recognizance
(I wonder if the guns were registered?)
Community Upset Over Resident Rapist
Man Who Pleaded Guilty To Crime In 2003 Now Living In Daycare Center
Jan 4, 2006 10:56 pm US/Eastern, CBS New York News
(CBS) NEW YORK Edna Rosa
was shaking when she was told Cornelius Phillips, a man convicted of rape,
was living below her in an East New York apartment at 703 Pine St.
"It's scary because I have 4 children,"
The apartment also happens to be a daycare
center run by the rapist's mother.
The mother's friend and neighbor, Willie
Johnson, said he didn't know Phillips was living next door.
"I thought her sons were living upstate,"
Johnson said. "So I don't know who was living in that house."
In March of 2003, 21-year-old Phillips
pleaded guilty to raping a 15- year-old girl. He was placed on probation
for being a youthful offender.
Last week Phillips was arrested outside
the Shanti Day Care where he lives for having two guns in his possession.
But Wednesday a Brooklyn Supreme Court judge released
Phillips on his own recognizance over the objections of the New York City
Probation officials who on Wednesday night said in a statement:
"We intend to come down hard on probationers
arrested on weapons charges."
Rosa says she can't believe the justice
system would allow Phillips to go free.
"It's messed up," she said.
Hammond, "short of the mark."
Bill Hammond is a columnist for the New
York Daily News and he wrote an opinion about Pataki's CoBIS or "Gun
DNA" program. He has been contacted and has talked to several people
who disagree with his position on CoBIS. He was also willing to talk to
me about 45 min. to an hour about the article and was willing to listen
and said that he was continuing to look at the subject. As one person
who is familiar with CoBIS told me, that while Hammond did research the
article and the article did contain some correct information, Hammond
still does not understand how CoBIS works and, "He still fell short
of the mark."
Below is the article and my comments in
BLUE. Sorry that it is so long.
ALBANY - So Gov. Pataki and the Legislature
are promising yet another crackdown on gun violence. Good for them.
Let's hope they follow through with the new laws to stiffen penalties
for gun trafficking and crimes against cops better than they did
the last time.
I'm referring to Pataki's big gun
control bill of 2000, which cemented his reputation as a centrist
Republican who cares more about fighting crime than pleasing the
NRA. The resulting law held a lot of promise. But it turned out
to be a political promise, easily made and soon forgotten.
Control bills and his campaign speech at a NY Million Mom March
event only cemented his reputation as a RINO, Republican
In Name Only.
After winning his first election by asking
and receiving support from NY gun owners, Pataki kept the 2000 bill
secret until he proposed it and never talked to any of his pro-gun
supporters when the bill was written and the bill was passed in
a special 3 day section and only after much arm twisting in the
NY Senate. It is interesting to note that no one stood up to talk
against the bill when it passed but several anti-gun Senators did
talk, not in support of the bill but saying that "this is a
good first step but we need to do more." The new Gun Control
laws were passed because Pataki and several Senators thought that
they need it to pass to get reelected. Even some sections of the
bill that would have been supported by most NY gun owners, were
written by the anti-gunners and contained language that made the
bills unsupportable like the section of the law that required background
check of all sales at gun shows as a recent Federal Court found.
"A federal judge Friday
tossed out a significant portion of New York state law regulating
firearms sales at gun shows. U.S. District Judge Charles Siragusa
determined that one of the statute's definition of a gun show is
so broad that it "infringes on ... constitutionally protected
rights to free speech, assembly and petition." (Don't
worry anti-gunners. AG Spitzer has overruled the local AG's office
and has chosen to appeal the ruling.)
It will be easy
for any new law that impacts the criminals to do better than the
laws that were passed in 2000 because almost all of the laws passed
in 2000 only impacted the lawabiding gun owner, not the criminal.
The revolutionary feature of the 2000
law was a plan to collect ballistic "fingerprints" from
every new handgun sold in New York State. Pataki predicted that
this "gun DNA" would solve crimes just as effectively
as the genetic kind does.
Only the anti-gunners
who came up with the incorrect "Gun DNA" phrase said that
the program would work. Even anti-gun California had already done
2 studies that showed that the program would not work and was never
adopted. Real DNA does not change over time with use and you can
not take a file or some sandpaper and change your own DNA. No study
was done and no hearings were held about this bill because everyone
knew what the results would be. Maryland had a program in place
at that time that had not produced results. Pataki did not even
know how much money was needed for the program and the anti-gunners
made sure that the bill set no guidelines as to how to judge the
program if the program was a success or failure. No
one ever projected how many guns would be connected to a crime over
time and they still don't today. When the bill passed they talked
about "3 years time to crime," now that the program has
failed they are talking about "7 to 10 years time to crime."
We would not be talking about CoBIS now if the first bill had contained
"sunset" language and some measure of success like a .5%
Five years and several million dollars
later, however, Pataki's pet project has resulted in just one useful
lead and exactly zero prosecutions.
I guess "several
million dollars" does not sound as bad as 14.7 million dollars,
(numbers that DCJS claim,) to 20 million dollars, (that is in the
budget.) and it produced one solid hit but that hit is not an example
of the success of the program but is an example of its failure.
The "HIT", according to rumor, (when I talked to Rochester
they don't know what I am talking about,) connected a shell casing
from a "shots fired" call with no witness and no victim
to a gun that was already in police custody that was owned by a
licensed gun owner who had already lost his license and the statute
of limitation had already run out. Otherwise it could have been
a "success" assuming that the person would have admitted
to shooting his gun and not just have admitted to driving through
the area and throwing some empty shell casing that he had in his
pocket out the window and confessing that he was guilty of littering.
Forget about the money for a while.
The NY State Police have about 15 people working on CoBIS. That
means that they have spent over 124,800 man hours on the program
in the 4 plus years they have been working. Can anyone say that
if the time had been spent doing anything else they would have not
solved more crimes? Even if they were a guard at the state capitol
they would have found some stupid criminals trying to go through
a check point with guns, drugs or something else illegal. I support
the people who work for this program 110% but I just can't believe
that when they joined the NY State Police that they thought that
they would be working in a program that was as unsuccessful as CoBIS
has been. Spend the money and time on Cold Case Murders, I am sure
that one of the 15 people will be able to come up with a lead
in one or two old murders in the next 4 years. Not solve a case,
just a lead.
The state police have photographed
the unique markings on shells from 114,763 revolvers and pistols
and put the images into a computer database. But their handiwork
is mostly gathering dust. The database is so inconvenient to use
that the NYPD and other law enforcement agencies rarely take the
is not inconvenient to use any more than any other program that
deals with some type of unique form of evidence. The
database is used every time anyone wants to use it. Besides
the CoBIS program, the NY State Police have the following labs:
Biosciences - Breath Testing - Case Review - Drug Chemistry - Evidence
Receiving - Firearms - Forensic ID and SAFIS - Forensic Imaging
- Photography - Questioned Documents - Toxicology - Trace Evidence.
Are they not being used even though they are inconvenient? Is it
somehow not inconvenient to sent evidence to them on every crime
except when the evidence is a shell casing? NYPD is a world unto
themselves, they don't even belong to the Federal NIBIN program
but they have their own IBIS system.
No inquiries means no "hits."
And no hits means no handcuffs.
"hits" means that the program is not working, like we
said it would not work, and no "hits" means that the anti-gun
proponents where wrong. Even those people who support the program
agree that a CoBIS "Hit" probably can not be used in a
trial. The most anyone ever expected a "Hit" to produce
is a trail that they can follow to find usable evidence because
of "chain of evidence" problems that CoBIS has. No NY
Court has ever ruled that you can use a CoBIS "Hit" as
probable cause for a search warrant.
The situation gives ammunition
to Second Amendment absolutists, who portray the program as a waste
of time and money. But compiling gun DNA remains a good idea. It's
up to the governor to make it work.
What does this
have to do with the Second Amendment? This is not gun control it
is just a waste of money and manpower. The only reason the pro-gun
groups talk about this program besides the waste is that it is another
example of the gun-control groups passing a laws based on their
"feeling" that it is a "good idea" and not based
on science or reason. A program that has no guidelines, no goals,
no success, an unlimited budget and no way to end it.
The biggest problem is user-friendliness,
or the lack of it. If cops could just Google a shell casing, they'd
make it part of their routine - even if the chances of finding a
match are slim. As it is, cops have to schlep the casings to the
state police lab in Albany. No wonder the lab has processed only
467 direct inquiries from local police, a mere fraction of the thousands
of gun investigations over the past four years.
been watching too much CSI: Crime Scene Investigation on TV. You
can't "google" regular human DNA and you will never be
able to be able to "google" CoBIS info but the State Police
is working to make the program more user friendly to the 9 labs
around the state that can process the information. Hammond chose
to ignore the thousands of inquiries that the program has processed
using NIBIN information that has supplied the two hits that the
program has gotten. (Something he acknowledge when I talked to him.)
That is like saying the only DWI arrest that you will consider when
looking at how aggressive NY is in arresting people for DWI are
those people who are arrest at DWI checkpoints but you choose not
to including anyone who is arrested because the police see them
driving drunk while patrolling for drunk drivers.
"Nobody thought about
the fact that law enforcement around the state is not likely to
stick their evidence in an envelope and send it away to Albany,"
said Jackie Kuhls of New Yorkers Against Gun Violence. "Law
enforcement is also unlikely to get in a car and drive five hours."
does not know how the system works and Hammond does not understand
enough about the program to know that this is not true. We have
7 places where an FFL can take a gun to be test fired and we have
machines in 9 different police departments around the state that
can process evidence that can be submitted to CoBIS. People send
evidence via mail, UPS and FedX every day to all the other labs
that the state has. The most a police department would have to do
is take the evidence to the local NY State Police headquarters.
How hard is that?
NYAGV, has had time to "think about it" by now yet they
wrote and are pushing bills in the Assembly today that would require
all shell casings to be sent to the State Police just like they
wrongly say is happening now. The bill would require that all police
send in all shell cases, even if the police have the gun and have
the criminal. That will produce more "HITS" and be a total
waste of manpower and money, (something that Hammond agreed with
when I talked to him.) NYAGV, because of the promised success of
the current program, also wants to expand the CoBIS program to include
all shotguns and rifles, something that would expand the program
5 to 10 fold or more. Because long guns are only used in a small
fraction of crimes and they are not licensed by owner, make, model
and serial number like handguns, this new database would be an even
bigger waste of time and money, (something that Hammond agreed with
when I talked to him.) I know that it is hard to believe but Kuhls
has testified that NYAGV supports laws to establish a national ballistics
database. How many billions of dollars would that cost? (I can see
the antis press release now, "This national system would work
if we only give it 10 more years and get Canada, Mexico and all
of the other countries in South America to adopt the system.")
Despite the obstacles, the database
recently scored its first useful match, which is still under investigation.
How can Hammond
count this match that was found using NIBIN information when he
left out the thousands of inquiries that have been done using the
NIBIN info? Notice that he said "useful match" because
he knows that it is not the first "match" that CoBIS has
had. By choosing to ignore the first match that CoBIS had, he does
not have to explain away a "match" that is useful because
it shows the failure of the program to produce results that the
anti-gunners promised. As far as if this 2nd hit is a "useful
match," we still don't know that. When they got the first match
they thought that it would be "useful" then they found
out that it was such a waste of time that Hammond does not talk
about it or even acknowledge its existence.
If the governor wants more hits,
he needs a network of machines across the state capable of scanning
shell casings and checking them against the database. A network
like that already exists, set up by the FBI and the Bureau of Alcohol,
Tobacco and Firearms to service their own database, which is limited
to weapons used in previous crimes. But, thanks to the NRA, Congress
prohibits linking these federal machines to any database of legal
guns, including New York's.
Again, we already
have a "network of machines across the state capable of scanning
shell casings." Earth to Hammond: It is just not the NRA's
only 4 million members. It is the simple fact that most people in
most states do not want any registry of guns and gun owners like
we accept in NY. NY is the only state that registers not only the
owner but each handgun by make, model and serial number. That specifically
is illegal in many states according to state law. Most people who
do not even belong to the NRA know that if the government knows
who owns guns and what guns they own, at some point the government
might want to pass a law and then come pick up the guns. Never happen
you say. It has already happened in NY City, NJ and CA and they
are getting ready to start picking up guns in San Francisco and
Columbus Ohio. Remember New Orleans?.
To keep his promise of 2000, Pataki
must either persuade Washington to repeal this ridiculous rule,
find a clever way around it or bite the bullet and pay for a separate
does not really know how this system works. NY has found a way around
this law, and while it is a clever way that I think is not a technical
violation of the law, it is a clear violation of the intent of the
law. This "clever way" is what has produced the only two
"hits" that the system has had. What does Hammond mean
when he talks about a "separate state network?" The NY
State Police already has their system of 5 machines and 9 other
cities or counties have the machines to process the shell casings.
This is where all of the NIBIN data is coming from. Westchester
had 28 NIBIN type "HITS" back in 2003 using their IBIS
equipment and an IBIS Data Acquisition Station (DAS) Remote Workstation
cost over $250,000. Is Hammond saying that NY should spent another
two to three million dollars to double the machines that we have
and spend additional money to train the technician that are needed
to use them and some how because we are using these new machines
we will get "hits" that we can not get using the machines
that are already in place and being used? Where are we going to
put the machines, Westchester County, NY City, Rochester? They already
have IBIS equipment so they don't need new equipment along with
the other 6 or more locations that have the equipment. How many
machines do you really need? CoBIS has 4 machines that process up
to 30,000 shell cases a year so that is 7,500 shell cases per machine
per year so in NY we already can process 67,500 shell cases a year
using the equipment that we already have without using the NY State
Police equipment. So NY can process more than 67,500 shell casings
a year and Hammond thinks that we need more +$250,000 machines?
Then maybe New York could
match the success of Maryland's ballistic-imaging program, which
scored its first conviction - for murder, no less - this year.
Success, Success??? Where
is the proof that the conviction depended on the MD-IBIS system?
(UPDATE: Maryland’s Automated
Ballistic Fingerprinting IBIS System Played No Role in Convicting
a Murderer) Hammond fails to say that the Maryland
State Police have produced a report that calls for
the ending of the program, "It is recommended that this
Program be suspended, a repeal of the collection of cartridge cases
from current law be enacted and the Laboratory Technicians associated
with the Program be transferred to the DNA Database Unit.".
Hammond told me that he left that little bit of information out
because the NYAGV's Kuhls told him that the newly elected Maryland
Governor was against the program. Could it just be that the Governor
was against the program because the program is a failure? What about
the 2+ years the previous "anti-gun" Governor who wrote
the bill, pushed the bill and signed it into law using the law written
by the anti-gunners? He had no more
"success" than the current Governor has had. One of the
reasons that the new Governor was elected was because he promised
to look at the program and end it if it was not a success. Note
that Kuhls does not say that the program is a success, just that
the report was written under a Governor who can see that the program
is a failure and wants to end it. Have we gotten to the point that
only an anti-gun Governor can end a program that is a total failure
and has wasted millions of dollars and hundreds of thousands of
man hours only if the Governor supports the program. But, if any
Governor ever decides that he can not support the program any more
because it is a failure and a waste of time and money then the Governor
can not end the program because he is against it?
The Pataki administration
"passed the bill and took credit for creating this, but then
they didn't use it," Kuhls said. "To have it and not use
it doesn't make any sense. Let's give it a real chance."
The Pataki administration
was sold a bad program by NYAGV and passed the law that NYAGV wrote
and supported and has funded the program with as much money as it
needs every year and put hard working people in charge of the program
that support the program and work hard at making sure that it is
used 100% of the time. The problem is that after all of the tens
of millions of dollars have been spent and the hundreds of thousands
of man hours have been wasted, NYAGV has to find some excuse as
to why this program does not work and someone else to blame it on
while at the same time they write more laws expanding the program
and promote new laws using the same, according to them, failed system
that CoBIS has now. Talk about having it both ways! A failure after
4 years, NYAGV needs to find a reason to keep this program going
another 3 to 5 years, (or as many years as they can keep the program
going,) because they hope that in that time they get what they really
want and it will only take one or two hits for them to have what
they are after.
NYAGV's goal for this program really
is that they hoped that it would show licensed NY handgun owners
using their licensed guns in untraceable crimes or giving, lending
or renting licensed handgun to criminals that use the guns in crimes.
It will only take one crime for them to demand a"crack down"
on licensed gun owners and for further restrictions on legal gun
owners like renewable licenses and requiring that the police inspect
every gun you own every year. That is always the real goal of NYAGV,
to make all gun ownership as restricted as possible if not illegal.
How people in the Press like Hammond can give any credibility to
anything that the claim or say after they have been proven so wrong
so many times is beyond me. The Maryland State Police report is
to be ignored because the current Maryland Governor is suppose to
be "pro-gun" even though the program, that was written
by Maryland anti-gun groups and Governor, has been a failure but
NYAGV who wrote and supported the current NY CoBIS program, that
has produced almost no results, and supports the 10+ times expansion
of the current CoBIS program and a national program on top of that
and is against all gun ownership is always 100% credible and to
be believed. All NYAGV needs to prove a point is one case or just
say that something is a "good idea" while anyone supporting
any pro-gun legislation or against laws that waste money or do not
work and only punish legal gun owners can never have enough proof.
Who is NYAGV? They have almost no
membership and get most off their money from grants from anti-gun
foundations and individuals. Look on their web site. They have almost
no information about the laws or the programs that they are pushing.
Their leaders are paid lobbyist who do this as a job and work for
who ever will give them the money just like the X-Executive Director
who, according to NYAGV, "has moved on to another non-profit"
that was started with $125 million by none other than George Soros's
Open Society Institute. Talk about a "Special interest group"
if ever their was one.
I just wish
that Hammon would write an article about how unfair NY City's gun
laws are, that the licenses cost too much for the common citizen,
are too restrictive and have too much red tape and that a NY City
license should be good throughout the state. New York City citizens
should not be second class citizens. Or how about a story about
NYSAGV? You could cover how it is a "Foundation" group
with few real members and would not be able to operate without foundation
money. How the people who run it do not own guns and do not know
much about guns or gun safety. That while many of the pro-gun groups
do support some gun control laws and push to have them passed, NYAGV
always pushes for more gun control though many of the current laws
and regulations do not have an impact on crime and NYAGV has never
supported any change that would reduce any gun law or regulation
TRANSCRIPT OF SEPT. 2003 HEARING
"We would like to mention Resolution
No. 584, which supports the BLAST Act, which is the Ballistics Law
Assistance Safety Technology Act, which would establish a national
ballistics database. New York is one of only two states with a ballistic
imaging database, it's also in Maryland. In this database the manufacturers
submit shell casings which are imaged and put into a database of
new guns. Now, this database is most useful after a number of years
because you have to allow time to expire since these are new guns,
but ultimately the database is very useful for law enforcement,
and in fact, we are supporting and measuring the State to expand
the ballistic database to guns that do not readily eject shell casings,
such as revolvers, as well as to long guns and to require images
of the bullets and shell casings for top crime guns. We think this
will maximize the help to law enforcement. And the BLAST Act that's
pending in Congress would call for a national database, which will
be particularly useful for New York City since the vast majority
of guns come from out of state, so to have this new gun database
running would be critical for law enforcement. "
(Note that the current NY CoBIS system
that started in 2001 does include all revolvers. I guess Jackie
does not even know the law that her group helped write.)
SCOPE TO RAFFLE OFF ATV
is going to raffle off an Arctic
CAT 400 ATV that was donated by the Gander Mtn. in Tonawanda,
NY. You only have till Feb. 1st to buy your ticket so make
sure CONTACT INFO@SCOPEny.ORG
only $20 so take a chance and the money goes to help save
your rights in NY.
HERE FOR THE FLYER
City Mayor to push for more gun control in Albany and Washington DC.
Mayor Bloomberg supports gun
control in all forms. Under his leadership, NY City has stopped issuing
Pistol license and raised the fees for a license renewal
for handguns and $140 for a long gun license and he has said
that banning handguns is something that might be considered. He plans
to do more in his last 4 years. The following is part of MAYOR
BLOOMBERG's 2nd INAUGURAL ADDRESS. Expect him to sign
on to all of NYAGV's anti-gun proposals.
“ Our most urgent challenge
is ending the threat of guns and the violence they do. Twice in recent
weeks, police officers have been struck down by gunfire on our streets.
Twice the flags flying on this plaza have been lowered to half-staff,
and the sound of pipes and drums has escorted brave and decent young
men on their final journeys.
“Detectives Dillon Stewart and
Daniel Enchautegui were among twelve of New York City’s Finest
who gave their lives in the line of duty during the last four years.
“Now we have a duty as well, one that
rises above all partisan politics, and one we will pursue relentlessly:
And that is to rid our streets of guns, and punish all those who possess
and traffic in these instruments of death.
“This is a national threat –
one that crosses city lines and state boundaries.
“To meet it, we must, and we will,
make common cause with our fellow Americans.
“We will take our message to Albany,
to Washington, and to every capital of every state that permits guns
to flow freely across its borders.
“And to those who distort our laws
to aid and abet hardened criminals, know this: We will not rest until
we secure all of the tools we need to protect New Yorkers from the scourge
of illegal guns.
“Public safety is the foundation
of our city’s prosperity.
“Without it, our quality of life,
our economy, our efforts to reform the schools would surely falter.
Other past Bloomburg quotes, (who, besides
his police escort, provides his own security and I would guess that they
are armed,) :
quote, from NY Post article, 3/17/04, "Keep in mind,
outlawing real guns is a problem in this country with the NRA. How any
parent or caring human being looking at the carnage on the streets of
this country and not want to outlaw guns I can't quite understand."
- Mayor Michael R. Bloomberg, "I don't know why people carry guns.
Guns kill people."
- Asked by program
host John Gambling whether handguns should be banned, Bloomberg
mused, "I'm not so sure I wouldn't think that is a good idea."
By DAVID SALTONSTALL
DAILY NEWS CITY HALL BUREAU CHIEF
Once content to rule the city, Mayor
Bloomberg yesterday vowed for the first time to go national - with
an all-out effort to crack down on illegal gun sales.
With the shooting deaths of two NYPD
cops still weighing on the city - and with his confidence as a political
player clearly rising - Bloomberg promised in his second term to
fight the fight over illegal handguns in every forum that matters.
"We will take our message to
Albany, to Washington and to every capital of every state that permits
guns to flow freely across its borders," said Bloomberg.
"And to those who distort our
laws to aid and abet hardened criminals, know this," he said,
punching the air for emphasis. "We will not rest until we secure
all of the tools we need to protect New Yorkers from the scourge
of illegal guns."
Although Bloomberg has talked before
about the need for stricter gun controls, yesterday was the first
time he pledged to do battle in individual statehouses throughout
The new push underscored the growing
sense of urgency in the city surrounding illegal firearms, which
helped fuel a 3% increase in shooting victims last year.
But it also reflected a mayor who,
after four years of mostly learning the political ropes in New York,
is confident enough to take his game to the national level, experts
Gun control advocates said that as
the Republican mayor of the country's largest city - and one of
the GOP's most generous donors - Bloomberg could be uniquely positioned
to influence the national gun control debate.
"If he can make an alliance
of governors and mayors - particularly Republican governors and
mayors - it could greatly help us," said Sen. Chuck Schumer
(D-N.Y.), an author of the Brady Bill, which requires background
checks for handgun purchases. "We haven't had a major Republican
voice speaking out for gun control in a long time."
No matter what, with a Texas Republican
in the White House and the National Rifle Association still among
the biggest givers in Congress, it will be an uphill fight, Schumer
NRA officials could not be reached
for comment yesterday, but Bloomberg is already in the group's sights.
When the mayor talked last month
about the need to tighten gun laws after the shooting death of NYPD
Officer Dillon Stewart - by a gun stolen in Florida - NRA spokesman
Andrew Arulanandam said it was "despicable" for Bloomberg
to inject politics into the debate.
Others said Bloomberg's plan to take
the fight to states where most of New York's illegal guns originate
- with Florida and Georgia being prime culprits - was right on.
"He needs to go to Florida and
say, 'You sell thousands of guns that end up on our streets every
year, and one of them killed a police officer in New York. What
are you going to do about that?'" said Jackie Kuhls, executive
director of New Yorkers Against Gun Violence.
Mayor Bloomberg's second inaugural
address yesterday included promises to:
- Launch a national effort to crack down on illegal guns.
- Speed up the rebuilding of lower Manhattan and create a "sustainable
residential and commercial community" - a clear reference
to his call for housing at Ground Zero.
- "Lock in and extend" reforms granting mayoral control
over city schools, which the state can revoke after 2008.
- Continue to drive down crime and improve public safety, which
he called "the foundation of our city's prosperity."
- Be "fiscally responsible." City government "can
and must live within its means," he said.
Mayor's Gun Talk Begets a Warning from Rifle Group
BY JULIA LEVY - Staff Reporter of the Sun
January 3, 2006
Only hours after Mayor Bloomberg
vowed in his second inaugural address to launch a national campaign
against "illegal guns," the gun rights lobby is mobilizing
to respond, with the influential National Rifle Association accusing
the mayor of "intimidating law abiding Americans."
On Sunday, as Mr. Bloomberg was sworn
in for his second term, he invoked the names of police officers
shot and killed in the line of duty as he announced a new, central
focus of his administration - protecting New Yorkers from what he
called "the scourge of illegal guns" by taking a message
for tougher gun laws to "Albany, to Washington, and to every
capital of every state that permits guns to flow freely across its
border." He called it the city's "most urgent challenge."
The administration has yet to provide
concrete details of its new approach, though it seems to involve
asking other states to adopt and enforce New York-style laws requiring
the registration and licensing of all handguns. But the ambiguity
of the city's new gun agenda hasn't stopped Second Amendment proponents
from beginning to fight back.
"I think Mayor Bloomberg ought
to focus on New York City, given that that's his area of responsibility.
He has challenges over there because he has misplaced priorities,"
the director of public affairs at the National Rifle Association,
Andrew Arulanandam, said. "Rather than focusing on enacting
more gun control laws that only affect law abiding citizens, he
should make sure that criminals pay the harshest penalties for breaking
When asked if the rifle association
is intimidated by Mr. Bloomberg's newly aggressive posture, Mr.
Arulanandam said: "We take every threat towards the rights
of law abiding Americans seriously, but we think the mayor would
be better served if he would put his financial muscle and the muscle
of his office toward cracking down on criminals, not on intimidating
law abiding Americans."
Jacob Rieper, the legislative director
for the rifle association's New York State affiliate, the New York
State Rifle and Pistol Association, said he expects Mr. Bloomberg
will meet substantial national opposition.
"He just doesn't have the clout
to carry this to other states. Other states outside of New York
are getting rid of their gun control laws. New York City is the
only one still trying to keep hope alive that criminals are going
to pay attention to their laws," he said.
Mr. Rieper added that Mr. Bloomberg
seems to be saying "the entire United States is wrong and we're
right," and said that attitude would not endear him to lawmakers
outside of New York.
A retired journalism professor who
sells antique and collectable firearms at his antique shop in Montgomery,
N.Y., Glenn Doty, said the last thing he wants as the father of
two police officers are illegal guns on the streets. But, he said,
that doesn't mean the Bloomberg administration should pursue a legislative
remedy to gun violence.
"A crackdown on the sale of
illegal firearms is just fine with me. The problem that always seems
to happen as soon as the politicians decide to crack down on illegal
guns is they pass laws that harm people who own the guns legally,"
While Mr. Doty said it seems New
York gun laws are already harsh enough, he said he would support
an effort to go after straw purchasers - those who buy guns in states
with more relaxed gun laws and resell them in New York. He also
said he would support other states adopting New York's standard
that requires people buying guns at gun shows to undergo the same
criminal background checks required for sales at federally licensed
Still, he said, it seems that a lot
of progress could be accomplished though stricter federal monitoring
of gun sales and enforcing current regulations rather than enacting
A professor of criminology and criminal
justice at Florida State University, Gary Kleck, dismissed Mr. Bloomberg's
new agenda and said, "Politically, it's dead in the water."
"The trend in recent years is
the exact opposite direction," he said. "Republicans basically
like more punishment for criminals, so the only type of gun control
they favor is heavier penalties for crimes with guns or even heavier
penalties for carrying illegal guns."
In recent years Congress has passed
laws forbidding lawsuits against those who manufacture guns and
making it harder to gain access to gun sales data. The Bloomberg
administration says the data privacy law makes it harder for law
enforcement officials to trace guns for crime prevention purposes.
Mr. Kleck, who is a nationally renowned
authority on the study of guns, said, "The underlying flaw
in the reasoning is its supply-side orientation. It's trying to
reduce gun violence by reducing the supply of guns."
Mr. Kleck said a "demand-side
strategy" characterized by going after criminals and making
it risky to own a gun would be a more effective approach.
Despite early signs that Mr. Bloomberg's
newly announced goal will face resistance, his effort is being greeted
with support from gun control advocates.
"What the mayor's called for
is exactly what we've been trying to highlight for a number of years,"
the executive director of New Yorkers Against Gun Violence, Jackie
Kuhls, said. "I think that he is in a very good position to
influence national lawmakers and certainly current national office
holders. He's contributed personally to the campaigns of some of
these people. Also, he's the mayor of one of the biggest cities
and the city that's most affected by illegal guns from other states."
Ms. Kuhls added that Mr. Bloomberg's
speech Sunday should serve as a "wake-up call" to states
that supply illegal guns to New York.
City Council Member David Yassky,
who helped enact the gun control law known as the Brady Bill when
he was working as an aide to then Rep. Charles Schumer, said he
is "excited" about the new Bloomberg agenda
Mr. Yassky said toughening gun laws nationally
would not be easy, but he said, "I think he's in a good position
to get real results. Really what we need is for Congress to change
course. They've been loosening restrictions on the gun industry.
They need to tighten restrictions."
He said as a "prominent Republican"
the mayor might be able to "hold others in his party accountable
for their wrong decisions on guns."
Mr. Yassky said the mayor should
articulate his goals publicly and also actively publicize Police
Department gun-tracing data so that everyone can better understand
the impact of gun violence.
"Americans are good-hearted
people," he said. "If they can be made to understand that
their laws are creating a serious gun problem in New York City,
I think they'll take that seriously."
The chief trial lawyer representing
New York City in a lawsuit against gun manufacturers, Michael S.
Elkin of Thelen Reid & Priest, said, "It's really important
for individual municipalities to play a significant role. The national
agenda is really influenced by the National Rifle Association, and
they have significant hold or control over both the executive branch
and members of Congress."
Mr. Elkin said he thinks legislative
reform will be left largely to local and state governments.
While he said the rifle association
would provide a serious challenge to the mayor's initiative, he
said, "There is ample room for other local municipalities and
state governments to take proactive steps to reduce the illegal
According to police statistics, there
were 3,303 gun-related arrests last year, up from 2,894 in 2004.
Shooting incidents also rose to 1,534 in 2005 from 1,480 in 2004.
There were 540 homicides in New York City last year, police said,
the lowest total since 1963.
January 02, 2006
Police Commissioner Ray Kelly said
Sunday that he wants the nation to follow Mayor Michael Bloomberg's
lead on tougher gun control laws.
He says the mayor's pledge to push
the issue could end up having a big effect on the city.
"We have the toughest gun laws
in the country right here in New York City, and I think they're
eminently reasonable," said Kelly. "But, that's not the
case in the rest of the country; about 90 percent of the guns used
in crimes here come from out of state. So the mayor, I think, has
laid down a marker and that he's willing to fight this fight not
only in Albany, but in Washington. I think that's good news for
all New Yorkers." ...
LETTERS TO THE EDITOR
The governor's initiatives to rid
our streets of illegal guns and harshly punish those who use guns
in the commission of a crime are worthy of praise. These are common
sense approaches to reducing crime. The National Rifle Association
and its state affiliates have been pushing for this type of legislation
for a long time. However, I disagree with the way these initiatives
are being portrayed since they are not about "gun control,"
but are about "criminal control."
First, get the illegal guns away
from the criminals. Second, encourage and support the right of law-abiding
citizens to own and carry concealed handguns for personal protection.
New York needs to follow the lead of almost 40 other states in the
nation that have "shall issue" laws that allow unrestricted
concealed handguns carry.
These states have overwhelmingly
seen a reduction in violent crime following the passage of such
laws. Required background checks, FBI finger printing, character
references and training have prevented the "Wild West"
scenarios that many had envisioned with civilians carrying concealed
Most gun owners strongly support
police efforts to rid the streets of illegal guns and to harshly
punish those who use guns in committing crimes. At the same time,
many people recognize the important and significant role that private
gun ownership plays in the protection of law-abiding citizens.
According to a study by Gary Kleck,
a criminology professor at Florida State University, legal gun owners
use a gun to protect themselves, family or property approximately
2.4 million times a year. This number is staggering. Unfortunately,
the media neglect to report that guns save lives, and on a very
significant scale each year. Police agencies and politicians alike
have come to acknowledge the important role armed citizens play
in the prevention of violent crime.
So, yes, take the guns out of the
hands of criminals. But don't deny or restrict the constitutional
right of law-abiding citizens to carry and use firearms to protect
themselves and their loved ones.
NORBERT QUENZER, Delmar
RTC letter in Buffalo News
Filed under: General, Politics — Jacob @ 10:38 am
Legislation & Politics in New York
The Buffalo News ran my letter today
under the heading “State
should permit citizens to carry concealed handguns.”
I would like to comment on the
Dec. 28 News editorial, “Credible action in Albany.”
If the governor and State Legislature were serious about public
safety, they would abolish the Sullivan Act and bring New York
law in line with other states like Pennsylvania and Ohio, which
allow ordinary people to carry a concealed handgun so they can
protect themselves. The Wisconsin Legislature recently passed
a bill with a veto-proof 2-1 majority that will soon make it the
39th state with such a law.
Meanwhile, legislators in Albany
continue to defy common sense by thinking that violent thugs with
felony rap sheets a mile long will obey new tougher laws against
“illegal” guns. Other states don’t export their
guns to us. New York imports thugs from other states, who know
liberals are working hard to perpetuate an environment where they
can ply their trade with little fear of arrest and prosecution
or of armed citizens exercising their right of self-defense.
The Times Herald-Record printed my letter to the editor today under
the heading “Right-to-carry law”.
With regard to your op-ed “Pataki gun plan bodes well for
Newburgh,” if the governor and Legislature were serious,
they would abolish the Sullivan Act and bring New York law in
line with other states with right-to-carry concealed handgun laws
so ordinary people can defend themselves.
The Wisconsin legislature passed
a bill with a veto-proof 2-1 majority that will soon make it the
39th state with just such a law. Meanwhile, liberals in Albany
continue to defy common sense by thinking that violent thugs with
felony rap sheets a mile long will obey new tougher laws against
“illegal” guns in the state.
Other states don’t export
their guns to us. New York imports thugs from other states who
know liberals are working hard to perpetuate an environment where
they can ply their trade with little fear of arrest and prosecution
or of an armed citizen exercising their right of self-defense.
I sent similar letters to several
papers and the Buffalo News called yesterday to verify it so I
assume they will run it.
Gov. Mario Pataki calls "Extraordinary Session" to
pass gun control laws that punish criminals
ON December 17, 2005, Gov. Mario Pataki
called an "Extraordinary Session" of the state legislature and
two bills were passed. The first was S50001,
"AN ACT to amend the penal law, in relation to the possession and
sale of firearms." The second was S50002
or the "crimes against police act" "Enacts the crimes against
police act; establishes new crimes and penalties for people who commit
certain crimes against peace officers or police officers; establishes
the allowable sentences for such convictions, as well as convictions for
murder in the first degree."
These bills were supported by most gun owners
but Sheldon Silver and the anti-gun extremist were not happy and planned
to pass all of their extreme gun ban, rules and regulations as soon as
the new legislative session starts.
The Illegal Firearms (Anti-Gun Trafficking) Bill:
Criminal Sale of Firearms S50001
- The criminal sale of a weapon offenses are graded in the Penal Law
by three degrees ranging in seriousness from a Class D felony to a Class
B felony. The illegal sale of a single firearm is a Class D non-violent
felony [Penal Law §265.11]; the illegal sale of 10 or more firearms
is a Class C violent felony offense [Penal Law §265.12]; and the
illegal sale of 20 or more firearms is a Class B violent felony offense
[Penal Law §265.13].
- The new law will amend these provisions by (1) classifying the Class
D felony offense of the illegal sale of even one firearm as a violent
felony offense; (2) punishing as a Class C violent felony the illegal
sale of 5 or more firearms; and (3) punishing as a Class B violent felony
the illegal sale of 10 or more firearms.
Criminal Possession of Multiple Firearms
- Under current law, the criminal possession of a weapon is penalized
by four offenses which range in seriousness from a Class A misdemeanor
to a Class B felony. With respect to the illegal possession of multiple
firearms, the Penal Law does not include similar gradations. The Penal
Law [Penal Law 265.02(5)] sanctions the illegal possession of 20 or
more firearms as a Class D violent felony offense punishable by a minimum
determinate sentence of 2 years and a maximum of 7 years. An offender
who possesses 19 or fewer firearms can be charged only with a mere Class
A misdemeanor, punishable by up to a year in jail.
- The new law will strengthen existing law by: 1) reducing from 20
to 3 the number of firearms required to be possessed for the Class D
violent felony offense; 2) creating a new Class C violent felony offense
for the illegal possession of 5 or more firearms [carrying a determinate
sentence of at least 3 ½ years and up to 15 years]; and (3) creating
a new Class B violent felony offense for the illegal possession of 10
or more firearms [carrying a determinate sentence of at least 5 years
or up to 25 years].
Closing the Loophole
- In addition, the new law recognizes the fact that gun traffickers
often evade the strict felony penalties for multiple illegal sales by
intentionally restricting the number of firearms that they sell in a
- This measure amends the law to eliminate this loophole by augmenting
the "single transaction" standard with a one year rule. For
example, under current law, a gun trafficker who illegally sells one
gun each month over the course of a year could only be charged with
a D non-violent felony for each of those transactions. Under the new
law, the trafficker would be charged with a B violent felony offense.
The Crimes Against Police Act: S50002
- The new law will toughen the minimum penalties for crimes committed
against a police officer.
- Murder of a Police Officer, Peace Officer or Corrections Employee:
The new law guarantees Life Without Parole for the intentional murder
of these law enforcement officers. When the sentencing judge does not
opt for Life Without Parole, current law allows for a sentence of life,
with a minimum of 20 - 25 years.
- Attempted Murder 1 of a Police Officer, Peace Officer or Corrections
Employee: Current law allows for a sentence of life, with a minimum
of 15 - 25 years. The new law increases the minimums to 20- 40 to life.
- Aggravated Assault of a Police Officer/Peace Officer: A B Violent
Felony. Requires serious physical injury caused by a deadly weapon or
dangerous instrument. Current law allows for a determinate sentence
of between 5 - 25 years. The new law increases to between 10 - 30 years.
- Attempted Aggravated Assault of a Police Officer/Peace Officer: A
C violent felony. Current law allows for a determinate sentence of between
3 1/2 - 15 years. The new law increases to between 7 - 20 years.
- Aggravated Manslaughter of a Police Officer/Peace Officer in the
1st and 2nd Degrees: The new law creates a new B Violent Felony crime
for a defendant who, through an act of extreme emotional disturbance
or with the intent to cause a police officer or peace officer serious
physical injury, causes the death of such officer. Current law allows
for a determinate sentence of between 5 - 25 years. The new law increases
the minimum to between 10 - 30 years determinate. The new law also creates
a new C Violent Felony crime for a defendant who recklessly causes the
death of a police officer or peace officer. Current law allows for a
sentence as low as probation, and no more than 5 – 15 indeterminate.
The new law increases the minimum to between 7 - 20 years determinate.
- Aggravated Criminally Negligent Homicide: The new law also creates
a new D Violent Felony crime for a defendant who with criminal negligence
causes the death of a police officer or peace officer. Current law allows
for a sentence of straight probation. The new law increases a minimum
determinate sentence of between 3 1/2 - 20 years.
- Menacing of a Police Officer or Peace Officer: The new law creates
a new D Violent Felony crime, similar to existing Menacing 2 involving
menacing a police officer or peace officer with a deadly weapons, gun
or knife, with a determinate sentence of between 2-8 years. A. Current
law charges as an A misdemeanor w/ maximum sentence of up to 1 year.