SCOPE Legal Update

April 2020

Proposed HR5717 Anti-Gun Legislation

The so-called, “Gun Violence Prevention and Community Safety Act of 2020” inflicts more
unconstitutional Red Flag laws, extraneous licensing and waiting periods on lawful gun-owners. The
VCDL explains this more in detail below in their recent official release.

We've been bombarded on Facebook and email by gun owners concerned about a bill in
Congress – HR 5717, the “Gun Violence Prevention and Community Safety Act of 2020.” It
was introduced back on January 30 by Henry Johnson, a Georgia Congressman.

There is no doubt that the bill is full of some really bad juju. It has purchase waiting periods,
universal background checks, Red Flag laws, a license requirement for owning guns and
ammo, and more.

On the other hand, really, really bad bills being introduced in Congress are nothing new and
not everyone is a serious threat. (For quite a while there was a bill to repeal the Second
Amendment introduced every year, for example.) Don't get me wrong, we need to keep an
eye on all gun bills, but the sky isn't falling every time one is introduced.

HR 5717 has a mere 18 cosponsors and has yet to be heard in a House subcommittee. It
can sit in that mode virtually forever, never seeing the light of day. And I think there is a
good chance that is exactly what's going to happen to it. I know Gun Owners of America is
keeping an eye on it, too. If the gun controllers are trying to “sneak it by under the radar”
while everyone is focused on the Coronavirus, they are doing a really poor job of doing so!

https://www.ammoland.com/2020/03/vcdl-responds-to-hr5717-anti-gun-legislation/#ixzz6Hi845utj

Major Gun Safety Groups Endorse Joe Biden’s Presidential Bid

Everytown for Gun Safety Action Fund plans to spend $60 million on electoral activities this
cycle, some of which will go toward trying to elect Biden

https://www.nbcnewyork.com/news/politics/decision-2020/major-gun-safety-group-
endorses-joe-bidens-presidential-bid/2318002/

Joe Biden Would Ban All Online Gun and Ammunition Sales as President

Joe Biden’s gun policy page on his campaign website states that he would ban all online gun
and ammunition sales as President, a draconian policy that has largely gone unnoticed thus
far in a Democratic primary that has seen serious candidates calling for the mandatory
confiscation of semiautomatic rifles.

For information and Discussion Purposes Only. Not intended as legal advice.
Page 1 of 8
 The proposition is in the middle of his lengthy gun control policy platform, which features
calls to outright ban the sale of new semiautomatic rifles and hold gun manufacturers liable
for crimes committed with the use of their products.

The link on his call to ban the online sales of guns and ammo leads to a manifesto from
March for our Lives, David Hogg’s gun control group.

https://bluntforcetruth.com/news/joe-biden-would-ban-all-online-gun-and-ammunition-sales-as-
president/

‘I’m Coming for You’: Biden Threatens Gun Makers at South Carolina Rally

His campaign’s gun control plan, which was released in October, proposed reinstating an
“assault-weapons ban” and universal background checks...Biden has previously emphasized
his commitment to holding gun manufacturers liable when one of their products is used in
the commission of a crime.

“A guy has 12 assault weapons with bump stocks, which means you can fire it faster. You can
pull the trigger faster,” Biden said last week during a CNN town hall, referencing the Las
Vegas hotel shooting. “Why in God’s name should anyone, anyone, anyone, anyone be able
to own that? It’s just wrong, and we’ve got to — and I promise you, as president, I am going
to get these guys.”

https://www.nationalreview.com/news/im-coming-for-you-biden-threatens-gun-makers-at-south-
carolina-rally/

Trial Lawyers Are Betting Big on Biden

What the trial-lawyer donors understand is that a President Biden would nominate judges
who are favorably disposed, or at least not hostile. Biden would also pursue a policy and
legislative agenda favorable to plaintiff-lawyer interests.

Rather than officially banning guns or ammunition, this line of thought goes, make the
manufacturers liable for civil damages in school shootings and other violent crimes….The
trial lawyers and the courts will take care of the rest.

https://reason.com/2020/03/09/trial-lawyers-are-betting-big-on-biden/

Why the Bloomberg Campaign Really Isn't Over

The former mayor of New York City has ramped up efforts to beat Trump in a self-funded
strategy designed to spend hundreds of millions of dollars on advertising and fieldwork to
leave his mark on the Democratic primary race and in the general election.

This year, he's opted to form an independent expenditure campaign to help elect the
Democratic nominee in November, and will target six swing states that are expected to be
crucial to the outcome of the 2020 election: Arizona, Florida, Michigan, North Carolina,
Pennsylvania and Wisconsin

For information and Discussion Purposes Only. Not intended as legal advice.
Page 2 of 8
https://www.newsweek.com/why-bloomberg-campaign-isnt-really-over-1491930

Mike Bloomberg is using a campaign finance loophole to donate millions to the DNC.

Mike Bloomberg will sign over $18 million in cash and the former campaign offices and
staffers from his defunct presidential campaign to the Democratic National Committee. This
massive donation is only possible because he was a candidate, according to The Washington
Post.

Bloomberg dropped out of the race to become the Democratic nominee on March 4 after
getting trounced on Super Tuesday.

The former New York City mayor has an estimated net worth of $50.1 billion, making him
the richest person to ever run for president in US history.

Bloomberg cofounded financial media company Bloomberg LP, a company that now brings
in an estimated $10 billion in annual revenue.

https://www.businessinsider.my/how-billionaire-michael-bloomberg-made-and-spends-his-fortune-
2015-7

Mitrano secures Democratic ballot

Announcements were made on Thursday, March 19 that Tracy Mitrano (D-Penn Yan)
secured the Democratic line on the ballot as NY 23 District’s Democratic Congressional
candidate.

Petitions were filed in Albany, NY on Friday around 3:30 p.m. with more than enough
signatures to appear on the ballot as NY-23’s Democratic Congressional candidate, as well
as to appear on both the Working Families Party and SAM Party lines.

According to Mitrano, Scott Noren, a dentist from Ithaca who was vying for the spot to
challenge Tracy Mitrano in the Democratic primaries, submitted his petitions with a total of
260 signatures, below the required minimum of 350. For that reason, his petition is likely to
be challenged and thrown out, in which case his name will not appear on the ballot and
Mitrano will go into the primary unchallenged.

https://www.observertoday.com/news/local-region/2020/03/mitrano-secures-democratic-ballot/

Scott Noren’s candidacy for NY 23rd Congressional District

Local oral surgeon Scott Noren… wants psychological pre-testing for concealed carry in New
York State and nationwide to become readily available...ultimately this should be for all new
gun sales and work with the psychiatric community to come up with standards for regulated
sales.

https://www.ithaca.com/news/scott-noren-announces-candidacy-for-ny-rd-district/article_ef436a88-
5a6b-11ea-bd4b-3faf5ebe8061.html

For information and Discussion Purposes Only. Not intended as legal advice.
Page 3 of 8
New York State plans to block 3D-printed gun blueprints on web

New York State Attorney General Letitia James said ... she will be blocking the Trump
Administration's efforts to allow 3D-printed gun blueprints to be released on the internet.

Last year the state passed legislation that would ban the already-printed guns from being
made and sold here in New York State.

But back in January the Trump Administration set into motion the process that would allow
3D-printed gun blueprints back online after being blocked from the internet twice.

https://www.wgrz.com/article/news/politics/new-york-state-plans-to-block-3d-printed-gun-blueprints-
on-web/71-cac508e0-3ac2-472d-9f64-99dc8b758270

Senate Majority Moving to Ban Hunting Contests: Legislation Lacks Any Understanding of Hunting
and Insults Sportsmen Across NYS

Legislation is moving in the New York State Senate that would ban hunting contests. The
bill, S7542, would make it a misdemeanor to sponsor or participate in a hunting contest and
is currently on the Senate Environmental Conservation Committee Agenda. If passed out
of committee, it would be eligible for consideration by the entire Senate.

Without input from hunters, this bill can pass and will only further advance negative
stereotypes about hunters.

http://pubfiles.nysenate.gov/crm/ranzenhofer/view/f021de1bea72f0db

New gun control proposed in Albany: Owners would need minimum liability insurance of $250,000

A.2847: Legislation that requires owners of firearms to obtain a minimum liability insurance
of $250,000.

https://www.thedailynewsonline.com/bdn01/new-gun-control-proposed-in-albany-owners-would-
need-minimum-liability-insurance-of-250000-20200228

Cuomo’s OVID-19 Order Closes Remington’s Ilion, New York Factory

Governor Andrew Cuomo issued an executive order requiring workers in all “non-essential”
businesses in the state to stay at home….the Remington plant will be closed at least until the
end of April . . .

[Herkimer County Legislature chairman] Vincent Bono says this is a huge hit for the county
financially, “We are certainly concerned on how this will greatly effect the economic impact
of Herkimer County while cognizant of the health concerns to workers. We know that
Remington Arms is about 1/7th of the total economy of Herkimer County. This will be
devastating to those workers and their families.”

For information and Discussion Purposes Only. Not intended as legal advice.
Page 4 of 8
https://www.thetruthaboutguns.com/breaking-cuomos-order-closes-remingtons-ilion-new-york-
factory/

Remington Arms plant could switch to making coronavirus supplies in upstate NY

With Gov. Andrew Cuomo’s executive order for all non-essential workers to stay home to
stop the spread of the coronavirus in place, Remington Arms officials are offering their Ilion
plant to be used as a manufacturing space for much-needed hospital supplies to fight the
virus.

It was announced Friday that manufacturing operations at the plant would be shut down until
at least April 30 to comply with Cuomo’s order, which is freeing up space.

“The Remington plant in Ilion now has approximately one million square feet of unused
and available manufacturing space,” said Ken D’Arcy, chief executive officer of Remington
Arms in a March 23 letter to Cuomo and President Donald Trump.

“We would be honored to donate our facility to the production of ventilators, surgical masks,
hospital beds or any other products mission-critical to the war on coronavirus.”

https://www.ithacajournal.com/story/news/politics/albany/2020/03/24/remington-arms-plant-may-
switch-guns-coronavirus-supplies-ny/2913736001/

(Some) Gun shops close amid Cuomo’s business restrictions during coronavirus
outbreak

With Gov. Andrew M. Cuomo shutting down non-essential businesses on Sunday due to
growing COVID-19 concerns, it leaves Pete’s Guns in Carthage no choice but to temporarily
close down the shop he’s owned for 26 years.

While gun shops in the state are being forced to close their doors, the sales of guns and
ammunition surged soon after the coronavirus hit.

https://www.nny360.com/news/publicservicenews/gun-shops-close-amid-cuomo-s-business-
restrictions-during-coronavirus/article_be8c015a-2400-51a5-95fe-f81cc2c8f7c8.html

(Note: As of 03/27/20, both Seneca Gun Sports and Sportsmans Warehouse are still open)

Are Gun Stores ‘Essential’ Businesses?

Many state governments across the country, from California to New York, are classifying gun
shops as “non-essential” and ordering them to close…(but) Citizens are being asked to avoid
coming to police stations in order to limit their interactions with officers. Instead, they are
supposed to visit department websites. Police departments refer to this as “coronavirus exposure
mitigation.”

The risk of contagion is particularly great within the close quarters of prisons, so police are limiting
the number of new arrests in order to avoid bringing infected individuals into them. But state

For information and Discussion Purposes Only. Not intended as legal advice.
Page 5 of 8
 governments are going a step further and even releasing prisoners that they deem to be at high
risk of infection.

On Sunday the New York City jail system announced that 46 individuals (including 17 staff
members) had tested positive for the coronavirus. To stop the spread, 56 Rikers Island nonviolent
offenders have already been let go. Dozens more releases were announced on Sunday….

With police cutting back their efforts and inmates are being released from prison, it is prudent for
Americans to take responsibility for the safety of themselves and their families. Hopefully, people
won’t need guns any more than they do in ordinary times. But in these precarious times, even
some of the most anti-self-defense Democrats realize that closing gun stores isn’t going to do
anything to reassure people.

Banning the Sale of Firearms and Ammunition Because of Wuhan Virus? This Illinois Mayor Just
Declared Authority to Do It

The mayor of Champaign, Illinois has declared a town emergency over the Wuhan
coronavirus that includes a ban on the sale of firearms and ammunition.

According to a local report from WAND 17, Champaign Mayor Deborah Frank Feinen has
issued an executive order that would give her office "extraordinary powers." She has issued
the order despite the town and surrounding area not having a single case of the disease. …

In the aftermath of Hurricane Katrina, local and federal officers confiscated firearms from
civilians living in New Orleans.

https://townhall.com/tipsheet/katiepavlich/2020/03/13/illinois-mayor-may-ban-firearms-
ammunition-as-part-of-emergency-over-wuhan-virus-n2564916

She Said He Said He Saw Demons. Then He Had to Give Up His Guns.

The allegations against Kevin Morgan were alarming. They described just the sort of
circumstances that Florida legislators had in mind when they approved that state's "red flag"
law in 2018, three weeks after the mass shooting at Marjory Stoneman Douglas High School
in Parkland.

Morgan's estranged wife, Joanie, claimed he was depressed, suicidal, and obsessed with the
apocalypse, which he thought was imminent. She said he was stockpiling food, gold, guns,
and ammunition in anticipation of the end times; that he talked about seeing, hearing, and
wrestling with demons...On the strength of such claims, Joanie Morgan obtained a temporary
domestic violence protection injunction, an involuntary psychiatric evaluation order under
the Florida Mental Health Act (a.k.a. the Baker Act), and a temporary "risk protection order"
under the red flag law…

But when it was time for a judge to decide whether the initial gun confiscation order, which
was limited to 14 days, should be extended for a year, Morgan got a hearing, and the lurid
picture painted by his wife disintegrated. By the end of the hearing, in an extraordinary turn
of events unlike anything you are likely to see in a courtroom drama, the lawyer representing

For information and Discussion Purposes Only. Not intended as legal advice.
Page 6 of 8
 the Citrus County Sheriff's Office, which was seeking the final order, conceded that he had
not met the law's evidentiary standard, and the judge agreed.

Florida, like nearly all of the states with red flag laws, does not provide court-appointed
counsel for respondents. Colorado is the only state that guarantees a right to counsel for
respondents who can't afford a lawyer or choose not to hire one.

(A) single red flag case ordinarily would cost $2,500 to $5,000 in legal fees.

The law ostensibly puts the burden of proof on the agency seeking an order. But in
practice…. "you have to go in and prove that you're not guilty."

The automatic issuance of ex parte orders means that when a respondent gets his day in
court, the playing field is slanted sharply against him. The judge is deciding whether to
maintain the presumptively protective status quo or change course and give the respondent
legal access to guns he might use to kill himself or someone else. That prospect tends to
loom larger than the possibility that a respondent who does not really pose a threat will
unfairly but temporarily lose his Second Amendment rights. Those dynamics help explain
why judges in Florida issue final orders about 95 percent of the time.

https://reason.com/2020/03/05/she-said-he-said-he-saw-demons-then-he-had-to-give-up-his-guns/

Guardians of the Second Amendment push for sanctuary counties

The SAFE Act has been New York law since 2013, but it continues to draw the scorn of gun
rights advocates across the state.

And with the recently adopted Red Flag Law — designed to prevent individuals who show
signs of being a threat to themselves or others from purchasing or possessing firearms — some
gun rights proponents see another attack on their Second Amendment rights.

All this has helped fuel the growth of a group called the Guardians of the Second
Amendment, formed in 2019 by gun owners in Wayne and Ontario counties. Local leaders
include Bill Meyers of Newark, Mike Colombai of Farmington and Andrew Buisch of
Phelps.

The Guardians’ efforts are focused on a legislative initiative called the Second Amendment
Sanctuary Ordinance, or SASO, which they said would allow county police agencies to opt
out of enforcing state and federal gun-control measures they deem unconstitutional or, as
they term in their legislation, “unlawful,” such as the SAFE Act and the Red Flag Law. Their
goal is to see it passed in as many counties as possible, working in conjunction with the local
sheriff and local police departments.

State police would continue to enforce all New York gun regulations in any counties that
adopt the measure because they are a state agency, they said.

For information and Discussion Purposes Only. Not intended as legal advice.
Page 7 of 8
 Meyers said pro-gun groups in New York, such as the NRA and SCOPE — or Shooters
Committee on Political Education — are having little influence on gun policy in New York.
Thus the need for Guardians of the Second Amendment.

“We don’t have the funds that SCOPE has,” said Colombai. “However, we do have the
people.”

The group said it is organizing around the state and has a presence in 32 of New York’s 62
counties.

“We go meet them,” Colombai said. “We meet the town supervisors, the DA (district
attorney), the sheriffs to get their input. The feedback has been tremendous.”

The legal questions of bucking state gun-control measures are not deterring the group.

However, Wayne County Sheriff Barry Virts considers such an ordinance problematic from
a number of perspectives.

https://www.fltimes.com/news/guardians-of-the-second-amendment-push-for-sanctuary-
counties/article_0b8e0fc3-d2da-516e-ab8e-673b781d789d.html

Town of Brasher resolutions support Second Amendment, oppose Green Light Law

The Brasher Town Board has gone on record to support the Second Amendment, the right
to bear arms, and oppose the state’s Green Light Law, which allows those without legal
immigration status to apply for driver’s licenses in New York.

The board passed two resolutions during its monthly meeting on Thursday, letting elected
representatives know how they felt about the two issues.

The first resolution supported a Second Amendment sanctuary ordinance, a measure that
would prohibit enforcement of various state gun-control laws, including the SAFE Act.

Town Supervisor Mark A. Peets noted that the rights of law-abiding gun owners, as well as
hunting and sports enthusiasts, had been infringed on.

“Law-abiding gun owners adhere to existing laws that are already on the books. The criminal
outlet does not abide by existing laws on gun control, which should be the target of the energy
to limit and not on restricting the rights of the law-abiding citizens,” he said.

https://www.nny360.com/communitynews/stateandassemblyreports/brasher-resolutions-support-
second-amendment-oppose-green-light-law/article_67b99ed5-a4b7-5508-8a88-494a8d9e6bc9.html

For information and Discussion Purposes Only. Not intended as legal advice.
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