*** DANGER
FOR NYS LICENSEES ***
On May 28, 2008, Nassau County passed a local law that
affects you all. The law is the "Deceptively Colored Gun" law
Local Law
#5 |
PRESS RELEASE—FOR IMMEDIATE
RELEASE
Nassau’s “Deceptive Gun
Ban” Derailed by Concerned Citizens
Mineola, NY -
July 29, 2008 – Enforcement of a new gun ban enacted by Nassau County,
New York, was suspended on the day it was due to go into effect, thanks to
efforts by three concerned citizens who brought a legal proceeding to set aside
the law only two days earlier. Nassau’s ban on certain guns based on their
appearance is now on hold until the litigation is resolved.
Three New
York State pistol licensees—Alan Chwick of Freeport, Edward Botsch of
Franklin Square, and Thomas Fess of Rochester—instituted the proceeding on
July 23rd in Nassau Supreme Court to challenge a local law passed by the Nassau
County Legislature on May 25th. That law would have turned the three men into
criminals—along with hundreds of other law-abiding Nassau
residents—requiring that their valuable firearms be surrendered for
destruction without compensation, and without any chance to sell them before
the ban took effect. While Nassau’s law purports to ban “deceptively
colored handguns” that look like toy guns, the law itself is
“deceptive” in that it actually bans a wide variety of traditional
firearms used for sport and self-defense, as well as valuable antiques,
collectors’ items, and commemorative firearms.
Lead petitioner
Alan Chwick conceived of and drafted the complaint (known as an Article 78
petition) with the pro bono assistance of a New York gun-rights activist and
attorney. The proceeding seeks a ruling from the court that Nassau’s local
law is invalid because it is “preempted” by New York State’s
extensive gun control laws, which already ban “disguised guns” and do
not authorize localities to pass their own gun bans. The court must also
nullify the county law because it is vague and ambiguous, lacks standards for
consistent enforcement, and violates the right to keep and bear arms under both
the United States Constitution and state Civil Rights Laws, according to the
petition.
Faced with petitioners’ request to the court for a
temporary restraining order and an injunction to stay enforcement of the law,
Nassau reluctantly stipulated on July 25th not to enforce the law against any
Nassau pistol licensee with banned guns possessed before June 25th. Licensees
from outside Nassau with pre-ban guns who travel to the county for shooting
matches are similarly exempt, as are dealers, who can keep banned guns in
inventory and continue to sell them to licensees residing outside of Nassau.
Supreme Court Justice Kenneth A. Davis entered the stipulation into the record,
making it binding on the police until the petition is fully decided. A final
decision by the court is not expected until some time after September 9th, when
the matter is expected to be fully briefed by the parties and submitted to the
court for consideration.
On behalf of his fellow petitioners, Mr. Chwick
stated, “We are extremely confident that after the court has a chance to
review the petition on the merits, it will grant the relief that we are seeking
because this is a bad law that turns law-abiding gun owners into criminals and
makes them give up their registered guns for no good reason. Guns in the hands
of criminals are the problem, regardless of the color of the gun. Guns in the
hands and homes of pistol licensees are not a threat to the police and need not
be banned based on their appearance, nor for any other reason.”
Mr.
Chwick explained that the proceeding was brought to protect the interests of
all of New York’s law-abiding gun owners and dealers, most of whom are
still unaware that many ordinary and valuable guns are banned by Nassau’s
law and must be surrendered for destruction, and that possession of a
registered gun deemed “deceptively colored” subjects a licensee to
one year in jail and a $1000 fine.
The petitioners expressed their
gratitude to the Shooters’ Committee On Political Education (SCOPE), of
Tonawanda, N.Y., the Freeport R&R Association Junior Club and several club
members for their strong support of the petitioners in their proceeding against
Nassau.
For more information, contact:
Nassau County News
Flash
Alan Chwick, Editor
516-903-1959
- End -
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***
IMPORTANT ***
NYS PL265.20 ¶7-e
Must be modified, again...
And A7962 is the start!
04/08/2008 Update - A7962 has pickup some support from:
NYS Assemblypersons Fields, Gabryszak, Lupardo, Magee, Reilly.
THANK
YOU.
With the newest 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 a wonder
chance to encourage young new shooters.
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 vetran, as those above the age of twenty, who are
residents of NYS, must have a pistol license to possess and use a
pistol/revolver.
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.
Assemblywoman DelMonte's Bill A7962 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 at: http://assembly.state.ny.us/leg/?bn=A07962&sh=t
This
bill is in the Codes Committee of the NYS Assembly, and needs a companion bill
in the NYS Senate.
Important, please:
1)
Call Assemblywoman DelMonte (518-455-5284) and say 'thank you' for Bill
A7962.
2) Call NYS Assembly-critter and have them sign onto Assembly Bill
A7962. If they will not sign onto it, try to get them to support it at vote
time.
3) Call NYS Senator Volker's office (518-455-3471) and request a
companion bill to be created in the NYS Senate. Word has it that he will create
the companion bill, but a show of support can never hurt.
This is important, and GOOD, legislation for NYS, 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 A RANGE |
|
http://www.rinohuntersclub.com
|
Those with
their right hands held high are: Sarah Brady,
Carolyn McCarthy, Nita
Lowery, Charles Schumer, King George Pataki, Joseph Mondello
and most of the NYS &
Nassau 'Back-stabbing' GOP.
