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SAF scores win in N.Y. while anti-gunners reveal their next moves

Celebrity businessman Donald Trump, shown here at the CPAC conference last month, spoke to gun owners yesterday in Albany, N.Y.
Mark Wilson/Getty Images

Yesterday, while the Second Amendment Foundation and its allies in a New York court action were celebrating a small victory, and thousands of upstate gun owners were demonstrating against the SAFE Act – at the center of the SAF action – gun prohibitionists were huddled inside the Capitol building in Albany, announcing their next barrage of gun control measures.

SAF announced Tuesday that New York Gov. Andrew Cuomo and State Police Superintendent Joseph D’Amico had agreed, in a stipulated order, to not enforce a section of the state’s controversial SAFE (Secure Ammunition and Firearms Enforcement) Act while an appeal is underway in one of the legal challenges to that statute.

While the gun rights activists were being addressed by Donald Trump and Republican gubernatorial candidate Rob Astorino, inside the Capitol huddling to discuss even more gun control, according to the Albany Times Union, were State Sen. Malcolm Smith from the Queens section of New York City, Albany Assemblywoman Patricia Fahy and Alex Dubroff, identified by the Associated Press as “the leader of the upstate chapter of Moms Demand Action for Gun Sense in America.”

Dubroff’s comments underscore why gun rights advocates in the Empire State and beyond cannot let down their guards. Last year, the gun ban lobby got the SAFE Act, but that simply wasn’t enough, evidently. According to the AP story, Dubroff revealed that her group is coming back for more including a safe storage law requiring that guns either be stored in a safe or fitted with a gun lock, a one-handgun-per-month mandate, and a ten-day waiting period for the delivery of a firearm to its buyer.

“We are far from done,” Dubroff stated.

The Times Union quoted Smith explaining that “upstaters” who gathered in Albany just don’t understand the violent crime problem that “plagues” neighborhoods in the Big Apple.

But gun owners could quickly counter that just because authorities in the city can’t rein in their violent outlaws, that’s no reason why all gun owners across the state should be held accountable for the city’s crime problems. After all, the triggers being pulled in New York City are not being controlled by gun owners in Buffalo or Rochester. Those and thousands like them are the people who descended on Albany Tuesday.

SAF was joined in its action by SCOPE, Inc., Long Island Firearms LLC and seven individual citizens, Matthew Caron, Matthew Gudger, Jeffrey Murray, MD., Gary Wehner, John Amidon, Nunzio Calce and James Middleton. SAF, Long Island Firearms and the individual plaintiffs are represented by New York attorney David Jensen, PLLC. SCOPE and James Middleton are represented by Robert P. Firriolo, Boutin & Altieri P.L.L.C.

The issue in SAF’s action is the arbitrary seven-round limit on magazine capacity that was included in the SAFE Act under Section 265.37 of that law. At trial in the case of New York State Rifle and Pistol Assn, Inc. v. Cuomo, Judge William M. Skretny ruled that the section dealing with the magazine limit is unconstitutional. He upheld other provisions in the Act, SAF noted in a press release.

SAF is not a party in the Rifle & Pistol Association’s legal action, but SAF founder and Executive Vice President Alan Gottlieb yesterday said, “We are hopeful that our good friends at the New York State Rifle and Pistol Association will prevail.”

But even if they do, what is being reported today confirms that New York anti-gunners are not going to quit. They appear to be engaged in a strategy of attrition, eroding gun rights every possible way, and then coming back for more.

This is why gun owners are vigilant across the country; a “universal background check” law this year, perhaps, will be followed next year by a gun registration and owner licensing proposal. After that, maybe a ten-day waiting period. It is as though a colony of termites was dining away on the parchment upon which the Second Amendment is inscribed.

When New York anti-gunner Dubroff made that revelation about the ten-day waiting period, she evidently forgot all about Dr. Martin Luther King’s famous observation that “A right delayed is a right denied.”

What is happening in New York, not to mention California and Connecticut, is considered by gun owners to be a warning for what they can expect as proposals in their own states.

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