***
IMPORTANT *** NYS PL265.20 ¶7-e Must be modified, again... And A3337 is the start!
A3337 - Requires that the person be at least
fourteen years of age, with no maximum age, for the possession and use of a
pistol or revolver at a pistol range.
With the last change to PL265.20
¶7-e, permitting 14-20 year olds to possess and use a pistol or revolver
on a range or during a sanctioned competition, our community has had a
wonderful chance to encourage young new shooters. Many have been showing up to
Bullseye Matches, IDPA Matches, IPSC Matches, and Free Pistol Matches. The law
exempts the youths from prosecution. There is no licensing involved.
This law also includes NYC.
But, it has
created a strange situation. Now, a 14-20 year old has more rights and
privilege then a 65-year old honorably discharged war veteran, as those above
the age of twenty, who are residents of NYS, must have a pistol license to
possess and use a pistol/revolver, on a range.
PL265.20 ¶7-e, needs
to be modified so that there is NO upper limit, if you are on a range or at a
sanctioned competition, to possess and use a pistol/revolver. The code change
to PL265.20 ¶7-e is simple, JUST REMOVE THE WORDS "but under the age of twenty-one" FROM THE
LAW.
Assemblyman Gabryszak's Bill A3337 is the start of this process.
This bill will modify NYS PL265.20.7e, so that a "...person be at least
fourteen years of age, with no maximum age, for
the possession and use of a pistol or revolver at a pistol range." This is a
VERY good thing for NYS Sportsmen. You can read the bill text
here.
The Assembly bill is in the Codes Committee of
the NYS Assembly, and there currently no Senate bill.
Important, please: 1) Call Assemblyman Gabryszak
(518-455-5921) and say 'thank you' for Bill A3337. 2) Call your NYS
Assembly-critter and have them sign onto Assembly Bill A3337. If they will not
sign onto it, try to get them to support it at vote time. 3) Call NYS
Assemblyman Lentol (NYSA Codes Committee Chair) office (518-455-4477) and ask
him to move the bill in committee.
This is important,
and GOOD, legislation for NYS Sportsmen, as it will help our community
introduce our sport, and our views, to more people!!
*** As of Summer 2006 *** NYS PL265.20
¶7-e NYS Juniors, ages 14 to 20 CAN
POSSESS & USE A PISTOL/REVOLVER WHILE ON AN AUTHORIZED
RANGE
Matter of Chwick v Mulvey (2010 NY Slip Op 09911)
12/30/2010 05/2011 UPDATE Ruling:We WON, the State licensees Win, &
Nassau County looses!!! Nassau County can not appeal this ruling of
4-0 and no dissents.
The Appellate decision has now been
"reported" in the "official" and "unofficial" NY reports, and the
decision can now be cited as precedent. The
citation is Chwick v. Mulvey, 81 A.D.3d 161, 915 N.Y.S.2d 578 (2nd Dept.
2010).
The Lexis citation is: Chwick v Mulvey
2nd Dept-reported.htm 2010 NY Slip Op 9911, *; 81 A.D.3d 161, **; 915
N.Y.S.2d 578, ***; 2010 N.Y. App. Div. LEXIS 9817 [*1] In the Matter of
Alan J. Chwick, et al., appellants, et al., petitioner/plaintiff, v Lawrence W.
Mulvey, etc., et al., respondents. (Index No. 13564/08) 2009-01468
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 2010 NY
Slip Op 9911; 81 A.D.3d 161; 915 N.Y.S.2d 578; 2010 N.Y. App. Div. LEXIS
9817 December 28, 2010, Decided
Nassau County Local Laws
#5 & #9 can not be enforced, as they are preempted by NYS Penal Law.
I thank all who have been supportive
of Chwick v. Mulvey.
At this time, it is very important to stress that
the Second Department's excellent ruling established that all local handgun
control laws are preempted by state law, possibly opening some very strong
arguments to challenge other local gun laws. However, if Nassau should appeal,
to the New York Court of Appeals, and we are unable to respond because of lack
of funds, then there is a real chance of us getting a ruling going the other
way that has effect throughout the entire state. That is, we could wind up with
a ruling ending all preemption in New York when right now we have a decision in
our favor that affects more than half of the state's residents as binding
precedent, and can even be used throughout the rest of the state as an argument
in favor of preemption. Right now, we have a strong preemption ruling, because
of this little case (which really ain't so little, as it deals with a really
important statewide issue).
Now is the time for New York gun owners
to come together to make sure we keep this ruling on the books, and expand it
statewide if Nassau decides to appeal it.
Again, I thank all of
those who have supported this effort. And, a very loud THANK YOU goes to our
Legal Council, Mr. Firriolo, of Duane Morris.
Donations of $$, .22LR Ammo, etc. are
always helpful. For more details on 'HOW TO HELP'
the Freeport Juniors, link to their web site.
Junior programs in NYS need all
the help they can get!
Those with their
right hands held high are: Sarah Brady,
Carolyn McCarthy, Charles
Schumer, Joseph Mondello and
most of the NYS & Nassau
'Back-stabbing' GOP.
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Those with their
right hands held high are: Sarah Brady,
Carolyn McCarthy, Charles
Schumer, Joseph Mondello and
most of the NYS & Nassau
'Back-stabbing' GOP.
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