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nyrkba

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  1. Correction: New orders will ship January 15, 2014. Earlier orders will ship by December 15.
  2. The fine folks at SKD Tactical are selling UNSAFE patches with proceeds going to the NYSRPA Political Victory Fund. Patches are $10 each or 3 for $20 and come in blue, grey and green. To date they have raised over $3000 for the PVF. Orders will begin shipping on December 15, 2013. You can purchase them online here: http://www.skdtac.com/SKD-NY-Unsafe-Patch-p/skd.416.htm Coming soon, bumper stickers!
  3. November 25, 2013 Ladies and Gentlemen, As a method of providing an update on our fight to overturn New York’s SAFE Act (“the Act”), we are providing this letter, in “Q and A” form, with the answers to questions you might have concerning the case. Q: What is the current status of the proceedings in the New York action? As you are aware, in the beginning of the case, we moved for a preliminary injunction. In this motion, we ask the Court to stop the provisions of the SAFE Act from taking effect while the lawsuit is ongoing. In particular, we are seeking the court to enjoin the enforcement of the following provisions of the law: 1. The section making it unlawful to possess an ammunition feeding device containing more than seven rounds of ammunition. 2. The sections making it unlawful to possess, transport, ship, or dispose of, a large capacity ammunition feeding device (we are alternatively seeking to enjoin these provisions as applied to any such device manufactured before September 13, 1994). 3. Certain unintelligible portions of the section making it unlawful to possess a large capacity ammunition feeding device (if the court does not enjoin the entire section). 4. The sections which make it unlawful to possess a device that can be readily restored or converted to accept more than ten rounds of ammunition.” 5. The sections which make it unlawful to possess a device that can be readily restored or converted to accept more than ten rounds of ammunition, or a device that holds more than ten rounds as applied to tubular magazines. 6. The sections which define an “assault weapon” in part as certain rifles and shotguns as having a folding or telescoping stock, a pistol grip that protrudes conspicuously beneath the action of the weapon, or a thumbhole stock. 7. The sections which define an “assault weapon” as a semiautomatic shotgun with a fixed magazine capacity in excess of seven rounds or an ability to accept a detachable magazine. The Defendants have opposed our Motion for Preliminary Injunction and have filed their own Motion to Dismiss and for Summary Judgment, which asks the Court to enter judgment determining that the SAFE Act is valid. In response to the State’s Motion for Summary Judgment, we have filed our own Motion for Summary Judgment. The briefing on these motions (which has been extensive) is complete. Q: What will happen next? Since briefing is complete, we believe the Court will schedule an oral argument on the motions. Normally, for cases involving these controversial of issues, courts will hold an oral argument, although the Court is not required to do so; as the issues involved in the motions are purely legal, no testimony is required and the Court may just rule on the papers that have been filed. We do not know, however, if the Court will have a hearing and when it will happen. The procedural rules do not require the Court either to set a hearing or to decide the motion within a specified amount of time. The time in which a court sets a motion for hearing and issues a decision on a matter is impacted by several factors, such as the judge’s schedule, pressing criminal trials, and the complexity of the issues involved. Every judge handles his or her caseload differently. Given the issues involved, we believe the Court will do its best to hear and decide the motions as quickly as possible, but ultimately we have no control over that time frame. We have conveyed to the Court, and will continue to convey to the Court, our desire to move this matter along as quickly as possible. Q: Will we get relief before January 15, 2014, the effective date of the requirement that all previously grandfathered magazines of more than 10 rounds must be discarded or sold out of state? Possibly, but unlikely. While we understand that this portion of the law is a source of particular anger with members, the chance of the Court ruling to strike down or otherwise enjoin the law before that date really depends on how quickly the Court decides to either hold a hearing on our motion for preliminary injunction or issue a decision. As mentioned earlier, the Court has almost complete control over its schedule. As described above, there are three motions pending: our Motion for Preliminary Injunction, Defendants Motion to Dismiss and for Summary Judgment, and our own Motion for Summary Judgment. The Court may rule on these motions at the same time, or it may rule on them separately. The Motion for Preliminary Injunction asks the Court to enjoin, or stop, the enforcement of certain provisions of the Act while the lawsuit is ongoing. Concerning this motion, the Court has two options: (1) It can grant (either in whole or in part) our preliminary injunction request, which would stop the provisions described above from being enforced while the lawsuit is ongoing; or (2) It can deny our preliminary injunction request, which would not stop the provisions described above from being enforced while the lawsuit is ongoing. The second and third motions are the Defendants’ Motion to Dismiss or for Summary Judgment and our own Motion for Summary Judgment. If the Court grants the State’s motion in its entirety, then the case will be dismissed in favor of the Defendants. Similarly, if the Court grants our own Motion for Summary Judgment, then judgment will enter in favor of the plaintiffs. If the Court grants part of the Defendants’ motion, than the case will be dismissed in favor of the Defendants as to those parts of the law upon which the Court grants the motion. The same holds true, obviously, if the Court grants the Plaintiffs’ Motion in part. If the Court denies the motions in their entirety, then the case would continue to proceed as it is styled with all of our claims intact. Given the complexity of the issues raised in the motions and the current caseload of the Court, it is unlikely (but not impossible) that the Court will rule on our motion for preliminary injunction before January 15. We are sending a letter to the Court trying to get the Court to expedite a hearing on our preliminary injunction motion to stop the enforcement of the law, but it is unlikely that the Court will take action before the January 15, date. Q: How is this lawsuit affected by other lawsuits challenging the NY law? Many times when a law is enacted that infringes core rights, like the Act, there are multiple lawsuits filed seeking to stop the law from taking effect or otherwise being enforced. Sometimes, these actions proceed in harmony with each other; most times, they do not. For example, there have been other lawsuits filed which challenge the SAFE Act on various grounds that we may or may not have raised in our lawsuit. One suit has challenged the emergency manner in which the SAFE Act was adopted. This was a potential basis for challenging the law that we considered, but rejected, at the onset of this litigation: our analysis and experience showed that courts do not get involved with the merits of “emergency” determinations, and have historically taken a completely permissive attitude towards legislative circumvention of these aging requirements. We therefore believe that a challenge on this basis would be quickly rejected (as the one brought by Robert Schulz on this same basis has been), would detract from the strong arguments we have prepared, and could cause us to lose credibility with the court. We believe that the lawsuit we have brought is well-crafted, and that the record supports the relief we are seeking. This was the product of a lengthy, deliberative process in which we analyzed many different approaches. Having a law invalidated is not an easy thing to accomplish, and we believe that the approach we have adopted and implemented gives us the best chance of success. This may be different from the approach taken by plaintiffs in other lawsuits, but it is the one that we believe gives us the greatest chance of prevailing in the end. We hope this gives you an accurate picture of where things currently stand in this lawsuit. If you have follow up questions about any of the matters discussed in this letter, or the case in general, please do not hesitate to contact us. We welcome your call. Thank you. [email protected] King Cogito ergo sum armati
  4. NRA affiliate wants SAFE Act hearing in Buffalo The state affiliate of the National Rifle Association has asked a federal judge in Buffalo to schedule a hearing to outline its case in public against New York’s SAFE Act gun control law. The New York State Rifle and Pistol Association petitioned U.S. District Court Judge William M. Skretny, who is considering the group’s lawsuit against the state over the gun and ammunition crackdown, because it believes oral arguments are justified in the case. “We think our [written] briefings are extremely well done, and we could prevail on those, but when you are able to stand in front of someone and verbalize the case it becomes abundantly clear how ridiculous some of these things are,’’ Tom King, president of the gun rights group, said Tuesday. The organization is seeking to undo the SAFE Act, a law promoted by Gov. Andrew M. Cuomo and rushed into statute last January following the slayings at the Sandy Hook elementary school in Connecticut. Among other challenges, the NRA affiliate says the law violates the federal constitution’s Second Amendment by limiting the types of guns people can have for lawful purposes, such as protecting themselves in their homes. Advocates of the law say the law’s broadening of the definition of what constitutes an illegal assault weapon, as well as a new tracking system for ammunition purchases that will not be in place as planned in mid-January, are needed to target gun violence. The law also requires mental health professionals to report to authorities the names of clients they believe could be a threat.
  5. his is your invitation to join your friends and neighbors on August 24 for New York’s Freedompalooza: Our First Shot for Liberty at the Altamont Fairgrounds outside Albany. This day-long, family event will feature country stars Keith Anderson, Chuck Wicks and many more, plus Revolutionary War and other American History enactors – an educational and enjoyable way to celebrate American Freedoms, now on the endangered list in Andrew Cuomo’s New York. Gates open 11 am until Closing at 7 pm, rain or shine. Tickets are $35, children 12 and under free when accompanied by adult. Find out more, buy tickets and join the Freedom Coalition at: nyfreedomcoalition.com New York’s Freedompalooza: Our First Shot for Liberty is sponsored by the New York Freedom Coalition, led by the New York State Rifle & Pistol Association, the state's largest and the nation's oldest firearms advocacy organization. Since 1871, NYSRPA has been dedicated to the preservation of Second Amendment rights, firearm safety, education and training, and the shooting sports. They are the official NRA-affiliated State Association in New York. Copyright © 2013 NY Freedom Coalition, All rights reserved. • nyfreedomcoalition.com
  6. The Association has filed a Motion for Preliminary Injunction against the SAFE Act. We have also filed a Motion for Expedited Hearing on the motion for preliminary injunction. Here are the relevant documents: http://www.nysrpa.org/files/SAFE/NYSRPA-SAFE-Motion-Preliminary-Injunction.pdf http://www.nysrpa.org/files/SAFE/NYSRPA-SAFE-Memo-Preliminary-Injunction.pdf http://www.nysrpa.org/files/SAFE/NYSRPA-SAFE-Motion-Expedited-Hearing.pdf As always, we need the help of gun owners in this fight. You can do so by joining/renewing your membership online: http://www.join-nysrpa.org You can also make credit card and PayPal donations to the legal fund online. Please put LDF in the 3rd address line: http://nysrpa.kintera.org/donate Thanks for your support.
  7. ALBANY, NY (04/01/2013)(readMedia)-- The New York State Rifle & Pistol Association has filed suit in the U.S. District Court for the Southern District of New York challenging the constitutionality of Title 38 of the Rules of the City of New York. NYSRPA believes that 38 RCNY infringes upon the Second Amendment by denying the specifically enumerated civil right to possess and carry a firearm for personal defense as well as completely prohibiting residents from practicing safe gun handling at a firearms range or participating in shooting events located outside the borders of the City of New York. The lawsuit requests a permanent injunction from all agents of the City of New York from enforcing 38 RCNY plus court costs and attorney's fees. Here is a copy of our filing: http://www.nysrpa.org/files/NYSRPA_v_NYC-Lawsuit.pdf As always, we cannot win without public support. You can join/renew your membership online: http://www.join-nysrpa.org And/or make a donation to the legal fund online. Please put LDF in the 3rd address line. http://nysrpa.kintera.org/donate
  8. NYSRPA's lawsuit challenging the SAFE Act has been filed in federal district court in Buffalo. http://www.nysrpa.org/files/SAFE/NYSRPA-SAFE-Lawsuit.pdf It is going to take a lot of resources to fight this and individuals can help by becoming NYSRPA members and/or making donations to the legal defense fund. You can join online at: http://www.join-nysrpa.org We can also accept donations online. Please put LDF in the 3rd address line. http://nysrpa.kintera.org/donate
  9. FEBRUARY 8 UPDATE: The itinerary for the 28th is the same: make an appointment in the morning to see your reps. inside the Legislative Office Building, then come outside to Capitol Park for the speakers at noon. It does not appear we're all going to fit inside the Well. Here is an updated flyer for distribution.
  10. I have updated our website with directions on how to get to the Legislative Office Building for the Feb. 28 lobby day. Both the Ulster Co. Federation and LI-based SAFE are looking into renting buses to take people to and from Albany. If anyone else is planning on doing the same please send me their name, contact info and approximate cost ASAP. You can also follow the event on our Facebook event page.
  11. The NYS Rifle and Pistol Association in conjunction with the NRA will be filing a Notice of Claim prior to submitting a brief on the merits of the constitutionality of the new Cuomo NY Safe gun laws. Involved in the law suit will be two of the nations best 2nd Amendment lawyers. This is a very important proceeding and must be handled properly with the best lawyers. Please support these efforts. www.join-nysrpa.org
  12. NYSRPA Legislative Report #1 is now online: http://www.nysrpa.or...s/nysrpa-lr.pdf Below is contact information for the state legislature. You can look up your reps. by address. We are encouraging everybody to contact their state legislators plus the Gov. and tell them no more gun control. http://www.assembly.state.ny.us http://www.nysenate.gov http://www.governor....ContactForm.php
  13. Everybody please call Sen. Dean Skelos and your own State Senator and tell them not to make any concessions on gun control. Skelos' office number is 518-455-3171. You can look up your reps. by address here: http://www.nysenate.gov/senators
  14. The NYS Rifle & Pistol Association is looking for new members to face the challenges of the 2013-14 legislative session in Albany including a new semi-auto prohibition (no grandfather) bill, S-1422. Join/renew your membership online Make a donation Make a donation to the Political Victory Fund
  15. Bill, You are flat out lying. Nobody was requesting you look into renewable licenses. This was product of the SCOPE Board and Ken specifically. He floated that idea long before you came around too. He also took it to the Republicans in Albany. This was not somebody's brain fart. This was a deliberate act to screw the gun owners of this state. The only thing you are upset about is that you got called it after the public found out about it because you tried floating it all over WNY. This isn’t a one shot mistake either. You personally have been actively and openly promoting antigun and antihunting politicians for years and you have done so in your capacity as SCOPE officer. You don’t like getting called on that either. That is the core of your problem, Bill: You are not honest with your constituents. Your chest thumping means nothing to me because I know you're not an asset to any organization. Your own Board knows this too. That's why half of them are signed up for our e-mail list and/or Facebook group. They know you're a fraud. BTW: I’m not hiding anything either. My contact info has been in my profile for years. You were just too dumb to look it up.
  16. Page 9 -- http://www.eriectyfsc.org/minutes/2009/ECFSCOct2009.pdf
  17. SCOPE is also the one who pushed for renewable pistol licenses with mandatory marksmanship training, mandatory firearms storage in the home, mandatory lectures on state law governing firearm use, and tacking on hundred of dollars in fees.
  18. The NRA has not done a good job in the state in large part due to the parade of useless people ILA had representing them here. There has been a shakeup down in Fairfax and a new lobbyist has been hired to work in NY and NJ. Give them a chance to see if they can do a better job.
  19. The Warren & Washington County Federations of Sportsmen Clubs will be sponsoring a bus from the area to Albany. Cost is $15/person. The bus will pick up people at the Hartford Fish & Game Club, Hudson Falls Fish & Game Club and the Aviation Mall in Queensbury. Reservations may be made by contacting Jamie Whitney @ 518-642-9570, Bill Pike @ 518-632-5993 or Rick Haag @ 518-793-6527.
  20. The Federated Sportsmen's Clubs of Ulster County will have a bus to Albany leaving from the Hudson Valley Mall in front of Macy's at 7:30am on January 25 for Legislative Awareness Day. Reservations are required. Cost is $20/person. Walk-ups will be accepted only if space is available. For more information contact Elmer LeSuer at 914-466-5940.
  21. The Sportsmen's Association for Firearms Education is putting together a bus from Long Island for Legislative Awareness Day on Jan. 25. The bus will be leaving from the North Side Park & Ride of the LIE off Exit 49 at 4:30am. A minimum of 35 people are needed. Cost is $30/person. For more information contact John Cushman at 631-475-8125.
  22. I know you were the ILA rep. and why you got the boot from that job. That you still have not figured out how Albany works explains why you didn't accomplish much during your tenure.
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