S.C.O.P.E.

Legal Update
February 2020
New York Bill Requires Mental Health Evaluation to Buy Firearms
Legislation pre-filed in New York by State Senator James Sanders (D-10th Senate District)
will require anyone wishing to purchase a firearm to first pass a mental health evaluation.
Senate Bill 7065 has been referred to the New York Senate Consumer Protection
Committee where it awaits a hearing.Current New York law requires the use of a licensed
firearms dealer and passage of a federal background (NICS) check to transfer any firearm.

SB 7065 would require the mental health check prior to initiating the background check.

The implementation of a mental health evaluation for firearm transfers constitutes

unprecedented government regulation and overreach. The mental health requirement would
even apply to a father giving a treasured firearm to his son or daughter.

Violators of the new law would face non-violent Class D felony charges and up to 7 years in
prison. Some other non-violent Class D felonies in New York include robbery, burglary and
vehicular manslaughter. If you are convicted of any felony, you lose your right to own a
firearm and your right to vote.

https://scopeny2a.org/EmailTracker/LinkTracker.ashx?linkAndRecipientCode=92WbdSIuJbF6bs
IKUHw9FeTWnrpRUhxoHgoXJd5HiRu665ER76RBZHykI8OkC6M7WiKdgBvPkeOEr37ivQ
MAH%2bos%2fldjcBBCSr8wVO3g%2fTs%3d

Yale Psychiatrist Issues Diagnosis of "Psychotic" for Defending Constitutional Rights

Dr. Bandy Lee is literally claiming that we are mentally ill and our views should be considered
symptoms of our illness, rather than as legitimate ideas.

https://www.gatestoneinstitute.org/15416/bandy-lee-trump-dershowitz

Cuomo’s 18th proposal for 2020: Ban untraceable guns in New York

Governor Andrew Cuomo is taking on ‘ghost guns’.

His 18th proposal for the 2020 State of the State Agenda includes a proposal that would ban
individuals from obtaining major components of a firearm, rifle, or shotgun online.

The proposal requires in-store transactions at licensed gun dealers exclusively.

It also prohibits those who cannot legally possess a firearm, rifle, or shotgun from having the
components to build one.
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The proposal would also create new misdemeanor and felony penalties for violating the
provisions.

http://fingerlakes1.com/2020/01/02/cuomos-18th-proposal-for-2020-ban-
untraceable-guns-in-new-york/

New Cuomo proposal seeks serial numbers for all firearm parts

The governor wants to require firearm parts be sold only to authorized buyers, assign them
the same eligibility requirements as a completed firearm and ensure that all major parts
receive a serial number. His proposal would ban individuals from obtaining major
components of a firearm, rifle or shotgun online. Individuals would instead need to ship
these parts to a licensed gun dealer where they would be picked up in person.

The proposal would also prohibit individuals who are forbidden to possess a firearm, rifle
or shotgun from owning a major component of these guns, and create new misdemeanor
and felony penalties for violating these new provisions.

https://www.wkbw.com/news/local-news/battling-ghost-guns-new-cuomo-proposal-
seeks-serial-numbers-for-all-firearm-parts

Both sides of debate holster up for gun GPS requirement.

The new year means New York lawmakers will be wrangling with new gun control measures
at a statehouse that has already embraced some of the nation's strictest regulations on
firearms.

One of the latest bills to emerge calls for a requirement that gun manufacturers install Global
Positioning System technology on firearms before they are sold.

That measure, proposed by Assembylman Felix Ortiz, D-Brooklyn, notes approximately

500,000 guns are reported stolen each year, with many ending up being used by
criminals….GPS is a system that provides location and time information anywhere there is
an unobstructed line of sight from a device equipped with the technology to four or more
GPS satellites

Though the Ortiz bill was filed just this week and lacks companion legislation in the state
Senate, gun rights advocates are already taking aim at it.

Tom King, president of the New York State Rifle and Pistol Association and a member of
the National Rifle Association's national board, said the technology to track firearms would
be prohibitively expensive.

"They may believe this is an answer but just look at the logistical problems with this with this,"
said King. "This would probably take a $100 million investment, and whose satellite would
be used?"
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Similar proposals in other states have also spawned concern that GPS in guns could be used
to track citizens involved in law-abiding activity such as hunting.

https://www.niagara-gazette.com/news/local_news/both-sides-of-gun-debate-holster-up-for-new-
firearms/article_d5a73737-da14-50b8-b34a-a54258c195df.html

Upstate Counties Consider Creating “2nd Amendment Sanctuaries”

People who want these sanctuaries said laws that restrict gun access are
unconstitutional, such as New York’s SAFE Act.

Steve Felano, with the group 2AWNY, wants counties to pass ordinances that say local police
won’t enforce some gun laws. For Felano, it’s a 10th amendment issue. It states powers not
given specifically to the federal government go to the states or the people.

Felano said New York Attorney General Letitia James uses the same argument to defend
immigrant rights legislation, like the Green Light law.

“So, they can’t have their cake and eat it too,” he continued. “You can’t simply say ‘yes, the
10th amendment applies when it fits our left-wing, ideological purposes, but does not apply
when we’re dealing with gun control non-enforcement’.”*

Felano said he’s working with residents to create a 2nd amendment sanctuary in Delaware
County, and other counties are interested as well. “Chenango is another one, Oneida is
another group that’s reached out. Otsego,” he added “And there are others, you know, that
I have noticed that are at least having a discussion about this.”

https://wskg.org/news/upstate-counties-consider-2nd-amendment-sanctuaries/

Gun rights group targets Delaware County as potential Second Amendment Sanctuary

Similar to sanctuary cities that don’t assist Immigration and Customs Enforcement, a growing
number of municipalities in the country are declaring that their local officials will not enforce
certain gun control laws.

2A WNY has targeted the 7 year-old SAFE Act which outlawed certain types of firearms in
New York State, as well as the state’s pistol permit regulations.

https://www.binghamtonhomepage.com/local-news-2/gun-rights-group-targets-delaware-county-as-
potential-second-amendment-sanctuary/

Lewis County proposed for “Second Amendment Sanctuary” — where some gun
laws would not be enforced

Since Jan. 4, a Facebook page called “Lewis County and Towns 2A Sanctuary,” an offshoot
of “Oneida County and Towns 2A Sanctuary,” has gained over 2,100 members and its
founder, Lawrence Hoffert, has been reaching out to “like-minded people” throughout the
county to right what they see as wrongs against the Second Amendment.
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As a result of the group that gathered around the page, a petition seeking the creation of a
local law prohibiting the enforcement of state gun control laws seen as “unconstitutional” by
the group has been circulating since about Jan. 14.

On Saturday, a “mass signing” event promoted on social media and around the county with
flyers was held at seven local businesses.

Referring to the “God given right to bear arms” as being under attack by “unconstitutional”
laws, the flyer specifically used the New York Secure Ammunition and Firearms
Enforcement Act of 2013, known as the NY SAFE Act, as an example. The act was created
in response to two mass shootings: one at Sandy Hook Elementary School and a second in
Webster, Monroe County.

Firearm shop owner and National Rifle Association pistol permit trainer Patrick Morse said
the SAFE Act was the “exact catalyst” for counties like Lewis to want to become “sanctuaries”
against the implementation of laws the group sees as invalid by the state.

Mr. Morse will be presenting the petition and a draft of the proposed local law to make the
county a Second Amendment sanctuary to the Board of Legislators on Feb. 4 at 5 p.m.

https://www.nny360.com/news/government/lewis-county-proposed-for-second-amendment-
sanctuary-where-some-gun/article_340224ef-f646-55e6-ab2e-f643484afa52.html

Missing the Target: (NYU Professor) argues that the gun control measures in New York’s SAFE Act
aren’t working

In his new book, The Toughest Gun Control Law in the Nation (New York University Press,
2019), (James Jacobs, Chief Justice Warren E. Burger Professor of Constitutional Law and
the Courts) and his co-author, Zoe Fuhr, a fellow at NYU Law’s Center for Research in
Crime and Justice, take a deep dive into how the law has been implemented over the past
half-decade. Their conclusions are unsparing. Almost none of the law’s key provisions have
worked as envisioned, Jacobs and Fuhr argue….

Among their findings: The state’s efforts to create a background checking and reporting
system for ammunition purchases have failed, in large part. Gun buyers can still evade
background checks, and the state’s database of mentally ill persons who are firearms-
ineligible is not accessible for such checks. The law’s definition of assault weapons is
ambiguous, and only a tiny fraction of assault weapon owners have complied with registration
requirements. In practice, the recertification of handgun licenses is virtually automatic. A
limit on magazine capacity to seven bullets was struck down by the US Court of Appeals for
the Second Circuit, although a 10-round limit remains in effect.

The SAFE Act’s biggest flaw, Jacobs says, is that its drafters gave little consideration to how
it would be enforced. Because the law was passed so quickly, the state and local government
agencies that would be responsible for implementing many of its provisions had had no input
into the bill.
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https://www.law.nyu.edu/news/ideas/james-jacobs-toughest-gun-control-law-safe-act

Editorial: New York Knife Attack Shows The Consequence Of Government Disarming Citizens

An attack by a knife-wielding assailant Saturday night at the home of a rabbi in Monsey, New
York — a normally quiet community just north of New York City – left five individuals
injured, two critically.

While Gov. Andrew Cuomo and New York City Mayor Bill de Blasio took to the media to
condemn the attack, they failed to mention how difficult it is in the Empire State, especially
in the New York City metropolitan area, for citizens to arm themselves in their own homes
to defend against such vicious attacks.

https://dailycaller.com/2019/12/30/barr-new-york-attack/

21 states file lawsuit against selling blueprints online to print 3D guns

The lawsuit, led by New York Attorney General Letitia James (D), argues that allowing
blueprints for the firearms to be posted to the internet would lead to the production of
unregistered and untraceable assault-style weapons.

The controversy over 3D guns and how widespread the government should allow their
blueprints to be represents a new frontier in the gun control debate.

Proponents of publicizing the documents say they are protected under the Constitution

https://thehill.com/homenews/state-watch/479817-21-states-file-lawsuit-against-selling-blueprints-
online-to-print-3d

Mike Bloomberg unveils Super Bowl commercial focused on gun control

Mike Bloomberg on Thursday released his presidential campaign’s 60-second Super Bowl
commercial — in which he targets gun violence in a message costing the billionaire former
New York City mayor at least $10 million...

In 2014, Bloomberg helped found Everytown for Gun Safety to “end gun violence and
counter the Washington gun lobby,” pledging to spend at least $50 million for the cause.

Bloomberg — who officially announced his campaign for president Nov. 24 and has spent
more than $225 million on self-funded ads — isn’t competing in the first four primary and
caucus states, Iowa, New Hampshire, Nevada and South Carolina.

https://nypost.com/2020/01/30/mike-bloomberg-unveils-super-bowl-commercial-focused-on-gun-
control/
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Should Banks Be in the Gun Control Business?

A new federal gun control bill calls for banks and credit card companies to provide
transaction data to the feds on some firearms purchases.

The Gun Violence Prevention Through Financial Intelligence Act, introduced by Rep.
Jennifer Wexton (D–Va.), would require the Financial Crimes Enforcement Network
(FinCEN) to "request information from financial institutions for the purpose of developing
an advisory about the identification and reporting of suspicious activity." The bill's aim is to
identify a consistent purchasing pattern among people who buy firearms and firearm
accessories in order to conduct "lone wolf acts of terror."

Visa spokesperson Amanda Pires rightly told The New York Times last year that expecting
"payment networks to arbitrate what legal goods can be purchased sets a dangerous
precedent."

Past attempts by the government to identify "red flags" for illegal activity by analyzing
transaction data have resulted in banks casting "as wide a net as possible." In their efforts to
identify human traffickers, for instance, financial institutions have flagged such innocuous
behaviors as running up large grocery bills and renting DVDs in bulk.

Almost half of gun owners report possessing at least four guns, and as with many other
hobbies, it's easy to spend a great deal of money on gun-related products. There is no easy
way to determine whether someone is spending a lot on guns because they like guns or
because they plan to commit an act of terror. It's not hard to imagine law-abiding gun owners
coming under suspicion should Wexton's bill become law

https://reason.com/2020/01/20/should-banks-be-in-the-gun-control-business/

Fiscal Analysis of Colorado's New 'Red Flag' Law Assumes Gun Confiscation Orders Will Be
Granted 95% of the Time

The Colorado legislature's official fiscal analysis of that state's new "red flag" law, which took
effect this week, projects that police and "family or household members" will use it to seek
gun confiscation orders against people they portray as threats to themselves or others about
170 times a year. The analysis also assumes that 95 percent of those petitions will be granted,
which is not far-fetched given Florida's experience with such orders.

Such a high approval rate reflects the due process problems with red flag laws, which take
away people's Second Amendment rights for a year or more based on vague standards and
dubious evidence that judges are not inclined to question because they worry about the
potentially deadly consequences of rejecting petitions.

Of the 17 states with red flag laws, Colorado is the only one that provides court-appointed
counsel to respondents who can't afford lawyers.

Critics of Colorado's red flag law, including gun rights activists and some county sheriffs,
rightly worry that judges will err on the side of issuing ERPOs, since the risk of suicide or
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homicide will loom large compared to the risk of unjustly but temporarily taking away
someone's constitutional rights.

https://reason.com/2020/01/03/fiscal-analysis-of-colorados-new-red-flag-law-assumes-gun-
confiscation-orders-will-be-granted-95-of-the-time/

California, With Strict Gun Controls, Had Most Mass Killings in 2019

California, with some of the most strict gun laws in the country, had the most, with eight such
mass slayings.”

A December 28 report … noted that California has universal background checks, gun
registration requirements, gun confiscation laws, a 10-day waiting period on gun purchases,
an “assault weapons” ban, a one-handgun-a-month purchase limit, a ban on campus carry for
self-defense, and a ban on teachers being armed to return fire if under attack.

California also requires would-be gun buyers to acquire a safety certificate from the state
before being permitted to purchase a gun.

Additionally, California has placed controls on ammunition purchases.

https://www.thenewamerican.com/usnews/crime/item/34473-california-with-strict-gun-controls-had-
most-mass-killings-in-2019

FBI stats show 5 times more murders by knives than rifles

The Federal Bureau of Investigation released crime statistics for 2018, indicating knives were
more than five times as likely to be used as a murder weapon than rifles were.

A fact sheet of the FBI’s 2018 crime statistics published in October detailed some of the
Bureau’s analysis of crime statistics, particularly studying the types of weapons used in
murders. Rifles, as a particular category of firearm, were used to kill 297 people in 2018. By
comparison, knives and other cutting instruments were the murder weapon for 1,515
murders in 2018.

The rifle category of firearms is a broad one comprised of bolt, pump, and lever-action
firearms in addition to semi-automatic firearms like AR-15s, suggesting semi-automatic rifles
comprise an even smaller number than the 297 total murders by rifle in 2018.

https://lawofficer.com/news/fbi-stats-show-5-times-more-murders-by-knives-than-rifles/

It’s Time to Recognize Suicide as a Driver of Gun-Related Deaths

while mass shootings are unique in causing many fatalities in a short amount of time, they
actually represent a small percentage of overall gun deaths in the United States. Of the 35,637
firearm deaths that occurred from January-November 2019, 21,912 or 61.5 percent of them
were suicides. This reality defies popular perception: Most Americans are unaware that
suicides represent such a high percentage of gun deaths. According to an October 2019 poll
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by the American Public Media Research Lab, only 23 percent of Americans correctly
identified suicides as the leading cause of gun fatalities….

CDC data also reveals that suicides represent varying fractions of total firearm deaths in states
across the country...Based on the data, there does not appear to be a strong correlation
between the strictness of state gun laws and the percentage of gun fatalities that are suicides.
States across the Deep South such as Alabama, Georgia, and South Carolina have some of
the loosest gun laws in the country, and states in the Northeast such as New York,
Massachusetts, and Connecticut have some of the strictest gun laws in the country. However,
in each of these states, the percentage of gun fatalities that are suicides is between 50 and 60
percent.

http://harvardpolitics.com/united-states/suicide-gun-related-deaths/

Diminished' NRA at crossroads ahead of 2020 election

The National Rifle Association, after shedding its president and top lobbyist this year amid
a string of internal disputes and legal battles, finds itself at a crossroads with Republican
politicos wondering whether the group is still high powered or a campaign dud.

The cloud of doubts about the NRA is stunning just four years after the gun rights group
helped Donald Trump win the presidential election.

The NRA says it plans to play a pivotal role, as always, in elections this year, especially
because gun rights advocates are rallying against gun control platforms of the Democratic
presidential contenders.

https://www.washingtontimes.com/news/2020/jan/5/national-rifle-association-wayne-lapierre-
crossroa/

Cities Grow Bolder on Gun Control Laws

Despite legislative barriers at the state level, cities from South Carolina to Nebraska are
fighting to pass their own gun safety measures….

five states without preemption laws (that would prevent this are) Connecticut, Hawaii,
Massachusetts, New Jersey and New York

https://www.usnews.com/news/cities/articles/2020-01-10/cities-grow-bolder-on-gun-control-clashing-
with-states

Gun control groups spend big in 2020

Groups including Brady, Everytown for Gun Safety and Giffords, the group formed by
former Rep. Gabrielle Giffords (D-Ariz.), have announced ambitious plans as they aim to
capitalize on a successful 2018 midterm cycle that saw a number of gun control advocates
elected to Congress. And the moves come at a time when the NRA finds itself reeling from
a year of high-profile departures and infighting over allegations of financial misconduct.
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Everytown, the group co-founded by Democratic presidential contender and former New
York City Mayor Michael Bloomberg, alone plans to spend at least $60 million in the 2020
elections, nearly double what the NRA spent in the last presidential contest.

https://thehill.com/business-a-lobbying/480404-gun-control-groups-spend-big-in-2020

Trump says Second Amendment is 'under very serious attack' in Virginia ahead of gun-rights rally

President Trump on Friday declared the Second Amendment is “under very serious attack”
in Virginia amid a contentious gun debate in the commonwealth and ahead of a controversial
gun-rights rally in Richmond on Monday.

“Your 2nd Amendment is under very serious attack in the Great Commonwealth of
Virginia,” the president tweeted.

https://www.foxnews.com/politics/trump-second-amendment-gun-rights-rally

Forget Gun Free Zones, Virginia Gun Controllers Want Ammunition Free Zones

As counterproductive as gun free zones are, Virginia’s Michael Bloomberg-bought General

Assembly wants to go even further.

Under VA Code Ann. § 18.2-308.1, the Old Dominion already prohibits firearms on “the
property of any public, private or religious elementary, middle or high school, including
buildings and grounds.” On December 31, Delegate Kaye Kory (D-38) filed HB318, which
would make it a crime to knowingly possess ammunition at such locations. A violation of the
ammunition ban would be a Class 1 Misdemeanor punishable by a $2,500 fine and up to a
year imprisonment.

Gun owners know just how easy it would be to run afoul of this law. Many gun owners keep
ammunition in their vehicles to facilitate quick trips to the range or for hunting. Other gun
owners keep additional ammunition for their carry firearms in their vehicles for self-defense
purposes.

under this legislation, a person who frequently uses their motor vehicle to hunt, shoot, or
carry, would need to remove every piece of ammunition from their vehicle before parking
and leaving the vehicle on school property, even if they are a concealed handgun permit
holder.

Under the proposed legislation, it would not matter if a person was found with only one
round of ammunition and it would not matter if the person had no way of utilizing the
ammunition.

The mere possession of a single round of ammunition by itself would be enough to trigger
jailtime.

https://www.nraila.org/articles/20200106/forget-gun-free-zones-virginia-gun-controllers-want-
ammunition-free-zones
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Virginia House passes Dems' gun reform laws 10 days after protests

The bills include regulations implementing universal background checks and “red flag”
legislation allowing officials to take guns from those determined to be dangerous to
themselves or others.

The other regulations involve requirements to report lost and stolen firearms, a limit of one
handgun that can be bought per month, rules to ensure those under protective orders cannot
own a gun, child access prevention and legislation giving local officials the authority to
determine how firearms are regulated in public spaces….

The legislation will now move to the Virginia Senate for consideration. The state’s upper
chamber has already passed four gun reform bills, including red flag and mandatory
background checks bills.

https://thehill.com/homenews/state-watch/480741-virginia-house-passes-contested-gun-reform-laws-
10-days-after-protests

Virginia is the Gun Control Canary in the Coal Mine

Democrats have wasted no time since taking power, spurring a Second Amendment
‘sanctuary’ movement in numerous counties throughout the state.

If you want to know what Democrats would do if they could on a national level, look no
further than Virginia.

https://legalinsurrection.com/2020/01/virginia-is-the-gun-control-canary-in-the-coal-mine/

Panic over peaceful Virginia gun rights rally shows the bigotry of gun control activists

Activists, politicians and journalists found it easy to equate civil libertarians, organized around
the defense of constitutional rights, with an invasion by white supremacists determined to
sow chaos.

https://chicago.suntimes.com/columnists/2020/1/29/21114172/virginia-gun-rights-rally-bigotry-of-
gun-control-activists-jacob-sullum