New York City Guns archive
Category : Activism

Gun owners flying through N.Y and N.J. shouldn’t be arrested when they check their guns

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Published on: April 20, 2014

We are all miserably accustomed to being informed that our rights must be curtailed because the Founders “couldn’t have imagined” the way in which they would eventually be exercised. “Well, sure it made sense to have an armed population back when the people only had muskets,” this argument tends to go. “But now that four-year-old children can buy semi-automatic nuclear death-rays with their Happy Meals, it’s just anachronistic.”

Silly as this approach ultimately is — basic individual rights do not rely upon the date for their integrity — it is one that can at least be earnestly entertained. 1789 was, after all, a different world. But what about 1986? Can laws written this recently really be said to have had a meaning then that we cannot apply reasonably now? The Third Circuit certainly thinks so, and a decision it issued last year has led to a significant number of people’s being arrested, charged, and thrown in jail. It is high time that this came to a stop. The problem is this: Because America has a federal system of government, the majority of the gun laws are set at the local level. Thus “assault weapons” that are banned in Connecticut and New York are readily attainable in Texas and Idaho; thus permissive concealed-carry regimes are available to the citizens of Vermont and Arizona but not to those in New Jersey and Illinois; and, thus, as one might expect, the transportation, brandishing, sale, and storage rules differ wildly by location. What is good for one set of people is anathema to another. Up to a certain point, this is all well and good. Indeed, within constitutional bounds, local variation is a good thing. It allows individuals to run their communities as they see fit, and it keeps an out-of-touch central government from imposing a single set of rules upon a big and diverse country. Nevertheless, however fractured the political system becomes, a question remains: What happens to people who are merely traveling through? What, for example, does one do if one wishes to drive across the country with a firearm — to and from places where one has a legal right to possess a gun, but through places where one does not?

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FIRST ARREST? Connecticut Man Faces Charges For Unregistered “Assault Rifle,” Standard Capacity Magazines

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Published on: April 20, 2014

A 65-year-old man faces an array of charges after shooting a squirrel in his yard Monday morning, police said in a press release.

James Toigo, 258 Housatonic Dr., was charged with unlawful discharge of a firearm, cruelty to an animal, first-degree reckless endangerment, second-degree breach of peace, failure to register an assault rifle and three counts of possessing large-capacity magazines, according to a police press release from Officer Jeffrey Nielsen.

Police officers were directing traffic in the area of Housatonic Drive when they heard a gunshot nearby, according to the release.

Upon investigation, Toigo was taken into custody after police said he shot the squirrel.

Police said they also found an unregistered assault rifle, as well as three large-capacity magazines, in Toigo’s home. Both the firearms and the magazines were taken, the release said.

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SAFE Act Repeal – Legal Update by NYSRPAs Tom King

Categories: Activism, Legal, News, Politics
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Published on: April 16, 2014


Friends,

The above suit (Razzano vs. Cuomo – Filed by SCOPENY) has failed to produce an injunction or any other effect to restore our Second Amendment rights. That leaves the NYSRPA’s suit as the only viable suit. People have criticized us for spending so much money to initiate the suit, critiquing the basis upon which we prosecuted our litigation, the court we chose, for the initial filing and the lawyers we hired for the litigation. Yet the NYSRPA’s is the last case standing, Why? We didn’t undertake this endeavor to grow our association, make headlines or disrespect others; we did it to win and restore our Second Amendment rights. No more no less. We chose the best attorneys, we partnered with the right plaintiffs and as the NRA affiliate in NYS we had the expertise of the premier 2nd Amendment group in the world backing the NYSRPA. Most of all we had the great 2nd Amendment supporters of New York State supporting our effort.

We never promised you a victory all we promised was a fight to the end and to that we are still committed. We never held spurious press conferences to give you false hope. We reported what happened when it happened. We believe that’s what a member driven association is about; telling the truth to our members and the 2nd Amendment Community.

The suit is currently in the 2nd Circuit Court of Appeals awaiting the briefing deadline for both sides. Can we promise a victory? We can’t, remember current SCOTUS member Sonya Sotomayor was appointed to SCOTUS from this court. That said we have from the start prepared and developed this case as one bound for the Supreme Court and we all still believe that is possible and continue to work toward that goal. Part of that preparation is public opinion, even Supreme Court Judges read the papers and listen to the news, that is why we have been fighting to keep public statements to a minimum and civil with no threats. Early in this process the State used comments taken from the February 28, 2013 Rally in an attempt to block NRA participation during an oral arguments. We prevailed but it was close and that’s why our attorneys have been demanding we don’t participate in large rallies at the Capital. As you will undoubtedly remember the NYSRPA has not directly participated in any rally since that date. That does not mean we don’t support them if we are asked to. Absolutely not! Last April at the rally where Judge Janine wowed the crowd with her inspiring presentation; the NYSRPA paid her fees and expenses. We are involved when asked.

This is not a popularity contest it is a battle to the end and “we are in it to win it” in any way possible but we believe at this time the Courts are our only hope. Please continue to help support our lawsuit! Ask yourself; WHAT ARE MY 2nd AMMENDMENT RIGHTS WORTH?

Tom King
Win Quiet, Lose Loud!

Please Make A Donation to NYSRPA and help repeal the SAFE Act!

NYCG Radio Episode #63 – 4/15/14 “The Police State Blinks”

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Published on: April 16, 2014

New York City Guns Radio Episode
#63

IN THIS EPISODE:
NY “SAFE Act” AR-15 Registration Deadline is Tomorrow – Our Lawsuits March Onwards, As Many As One Million Armed New Yorkers Are About To Break The Law, CuHomo, amid Moreland struggles, realizes he might lose, Bloomturd Plans a $50 Million Challenge to the N.R.A., NYPD Disbands Muslim Surveillance Program, New York Officials Argue for Flexibility with Gun Law Violators… As Long as They’re on the City’s Payroll!, NRA Opposes Administration’s Plan to Broaden Reach of Mental Health-Related Gun Bans, Pussification of the USA: Zero-Tolerance Policies Now Exploited by Enterprising Bullies, Eyewitness says BLM “scared crapless” by THOUSANDS of patriots supporting NV rancher Bundy, Shocking Allegations Show Harry Reid, Chinese Company Behind Nevada Ranch Standoff, Founding Fathers Made Sure Bundy Family Was Armed, A Giant Has Awoken: Resistance in the Blue Zone!

WARNING! This Content Contains AWESOME VULGARITY

Down the Slippery Slope: A Timeline of Social De-Evolution in America

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Published on: April 15, 2014

It is certainly not breaking news to assert that America is in cultural decline. Many aspects of this decline have been widely documented: the breakdown of the family, threats to life, and ever increasing secularization.

My intent in this article is to draw together the consistent progression of this cultural decline so that we can step back and examine the path of the social revolution that has been underway in America for some time. As we see, the undermining of family and life is not something new.

I have broken the following timeline into several stages. That is not to say that the only developments of this time concerned a single matter. Rather, the name marks the major turning point of that stage. I have also included a few international events, when they seem indicative of broader social change.

Read More…

Russian Gun rights activists promise tough response to rejection of self-defense initiative

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Published on: April 15, 2014

A public petition asking to broaden the legislative limits of self-defense has been rejected by the Interior and Justice Ministries, but activists intend to continue the campaign and promise pickets near the government HQ and rallies across the country.

The petition entitled “My home is my fortress” has collected over 100,000 signatures of Russian citizens on a dedicated web-site which officially gave it legislative legs. If the draft was passed any action of a citizen inside his or her home against an intruder would be qualified as necessary self-defense, which, in turn, could lead to the withdrawal of murder charges or of inflicting grievous bodily harm.

Both the Interior Ministry and the Justice Ministry have vetoed the draft, the mass circulation daily Izvestia reported on Tuesday quoting an unnamed source in the special federal group for dealing with public initiatives.

The group was scheduled to consider the petition at a special session on Tuesday, but without the ministries’ approval it will most likely be rejected, the source said.

However, on Tuesday afternoon the working group reported that it had approved the petition on broadening the limits of necessary self-defense, and forwarded the document to the government. “This is the first initiative of three that had gathered the necessary 100,000 signatures on the internet,” the Open Government Minister Mikhail Abyzov told the ITAR-TASS news agency.

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Eyewitness says BLM “scared crapless” by THOUSANDS of patriots supporting NV rancher Bundy

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Published on: April 15, 2014

The People vs. BLM

I was basically standing around twiddling my thumbs when the word came down that the Director of BLM had surrendered and all forces would be withdrawn. I could not go on. The road was blocked and would be blocked probably for the rest of the day at least. A bunch of us turned around and left. It was over.

There were THOUSANDS of people there, and more arriving every minute. The ranch, Gold Butte, the entire area was completely surrounded by Americans. The highway was completely blocked in both directions of people trying to get through. Everyone was very peaceful and friendly. No fights or anything. There was a rumor in the line, that some of the mercenaries hired by the feds had defected and were now on the side of the Americans.

I came back and immediately saw this [the media's] pack of lies and half truths.

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Founding Fathers Made Sure Bundy Family Was Armed

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Published on: April 14, 2014

 

As tensions rose and a standoff ensued between Bureau of Land Management (BLM) agents and Cliven Bundy and his family on April 11th and 12th, one thing was evident: through the Second Amendment, the Founding Fathers guaranteed that Bundy could be armed to protect his life and property.

KLAS-TV described a meeting between armed federal agents and armed Bundy family members during one of the highest points of tension.

No guns were misused nor were any used offensively. However, guns were present because of our Founding Fathers’ forethought.

We do not have guns for the purposes of sporting or hunting–although guns are certainly fine tools for those activites. We have them, rather, because our Founding Fathers recognized a God-given right to keep and bear arms to protect our lives, families, and property. This right is not simply to provide protection from burglary or life-threatening attacks, but from tyranny as well–tyranny within or without our borders.

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Anti-Gun Scumbag’s Worst Nightmare: The Rise of Blue State Resistance!

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Published on: April 14, 2014

They’re burning registration forms! They’re rallying by the thousands. They’re pledging civil disobedience. They’re swearing to resist, to disobey, even if it makes them felons. They’re angry, they’re defiant, they’ve had it and they aren’t going to take it any more.

Who are they? No, they’re not 1960s draft resisters. They’re not anti-nuke activists or scruffy Occupy Wall Street protestors. Heck, chances are some of them actually work on Wall Street.

They are the gun owners of the bluest blue states. They’re the respectable men and women of the mid-Atlantic region. They’re people who have, in the past, submitted to the rules even when they didn’t like them — or at least kept their mouths shut about their non-compliance.

But not any more.

The spate of pointless blue-state legislation against “assault weapons” and standard-capacity magazines that followed the Newtown school shooting sought — as usual — to punish millions of people who didn’t commit the crime by registering or outright banning firearms that just happen to look scary to hoplophobes.

This time it didn’t work.

  • In New York, where owners of “assault weapons” have until April 15 to register them, thousands burned registration paperwork instead.
  • In Connecticut, the December 31, 2013 register-or-surrender deadline passed — and was resoundingly ignored by an estimated 85 percent of its intended targets. (And that’s despite the fact that, unlike New York, where it’s a misdemeanor, failure to register is a felony in Connecticut.) TheBlaze.com reported, “…officials and some lawmakers are stunned.”

 

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NY “SAFE Act” AR-15 Registration Deadline is Tomorrow – Our Lawsuits March Onwards…

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Published on: April 14, 2014

CuomoUrinalSticker

Tomorrow, April 15, the year-old “SAFE Act” will require gun owners to register any firearm that falls within the anti-gun Legislature’s new definition of a semi-automatic “assault weapon,” or risk becoming a felon. The NRA actively opposed this egregious legislation last January while it was being rammed through the legislative process by Governor Anthony Cuomo (D) within a 24-hour period without any public input or committee hearings. Your NRA continues to vigorously oppose this law.

The implementation of the SAFE Act has been plagued with problems, and many of its provisions have either been overturned by the courts or suspended. In December, the District Court for the Western District of New York struck down the seven-round magazine capacity limit saying it is arbitrary. Also, the portion of this law dealing with background checks on ammunition purchases, which was set to go into effect in January, was suspended because the State Police have no means of completing such checks.

Over the last year, the vast majority of county legislatures across New York have adopted resolutions condemning the SAFE Act, and many sheriffs have gone on record in opposition to the law, saying they refuse to enforce it. The State Police have failed to disclose how many people have complied with the law’s registration requirement to date. The speculation is that their failure to release this information is directly correlated to the embarrassing figures that such a revelation would reveal. Despite the overwhelming opposition to the new law, the New York Assembly, just days ago, defeated legislation in committee to either completely and partially repeal the SAFE Act.

This law does nothing but go after law-abiding gun owners, turning hundreds of thousands of New Yorkers into potential felons. Cuomo has attacked law-abiding citizens while failing to address violent crime or public safety. The NRA is providing significant support to the litigation by our state association, the New York Rifle and Pistol Association. NRA attorneys have also submitted an amicus brief in the lawsuit, challenging the constitutionality of this draconian law.

NY Assault Weapon Database Deadline to go into effect at Midnight as planned.

SCOPE had hoped to report a Preliminary Injunction from Federal Court today from a law suit which argued the Constitutional Grounds of the NY SAFE Act.
The Injunction was not granted.

BREAKING, RAZZANO CASE, NO INJUNCTION!

Minute Entry for proceedings held before Judge Leonard D. Wexler: Oral Argument re; Motion for Preliminary Injunction held on 4/14/2014. Plaintiff(s) represented by Robert James La Reddola, Esq. and Steven M. Lester, Esq. Defendant(s) represented by Susan M. Connolly, Esq. and David A. Tauster, Esq. Parties arguments heard regarding Plaintiffs Motion for Preliminary Injunction filed 4/1/2014 (docket entry 5 ). For reasons stated on the record, the Court hereby administratively closes this case, without prejudice, while Plaintiffs counsel pursues an action in State Court. Plaintiff may file a Motion to Reopen Case within sixty (60) days after a final judgment is entered in State Court. Proceedings concluded. (Court Reporter Stephanie Picozzi.) (Russo, Eric) (Entered: 04/14/2014)”

The translation is that the federal court held that the action is dismissed without prejudice and the plaintiffs are to re-file in state court, since this is a lawsuit about state procedures and the constitution has not been violated yet in illegal searches.

NOTE: The court realizes that the searches could be illegal but there have been no victims yet.

Per the Attorney Robert LaReddola, He told SCOPE “In sum, the court cited to legal precedent on statutory interpretation of a state statute which precluded him from granting preliminary injunction but referred us to state court. The interpretation required is among other things, the meaning of ineligible to possess a license. We will be bringing the state action forthwith and then return to federal court. ”

This is not a major set back as Plaintiff may file a Motion to Reopen Case within sixty (60) days after a final judgment is entered in State Court.

We will keep you posted.
Meanwhile if anyone gets a visit from the Police to collect your weapons without a search warrant please contact SCOPE.

If the NY SAFE Act is ever to make it to the Supreme Court, this ruling would be a necessary step in that process.

SCOPE will do everything in it’s power to keep you informed of all developments in the fight for our rights.

NRA Opposes Administration’s Plan to Broaden Reach of Mental Health-Related Gun Bans

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Published on: April 13, 2014

On Monday, NRA filed formal comments in opposition to a plan by the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) to expand the categories of persons prohibited under federal law from acquiring or possessing firearms because of having been “adjudicated as a mental defective” or “committed to a mental institution.” The proposal is commonly referred to by its BATFE docket number, 51P.

NRA shares the goal of keeping firearms out of dangerous hands. Its comment notes, however, that existing federal law on this issue casts a wide, undifferentiated net that snares masses of mostly harmless individuals with a much smaller group that may present an increased risk of violence. The comment cites numerous sources that express the nearly universal opinion of mental health professionals that mental illness is not highly correlated with, predictive of, or frequently causally related to violence. It also cites reports from mental health professionals, the FBI, and the Secret Service that acknowledge the futility of creating an accurate “profile” of persons who have no history of violence but present a risk of future harm.

NRA’s comment additionally underscores the importance of the rights affected by these lifetime prohibitions, the wide range of state and federal procedures that potentially trigger them, and the difficulty (or outright impossibility) of prohibited persons achieving restoration of rights, even after full recovery. Under existing federal regulations, a person who experienced a temporary reaction to a traumatic event or who has trouble handling household finances may well be treated the same as a violent psychopath. Not only is this unjust and stigmatizing, it creates disincentives for those who need mental health treatment to seek it, increasing whatever risks are associated with untreated mental illness.

NRA’s comment explains in detail how 51P would worsen these problems. The proposal, for example, conflicts with federal appellate court precedent, which interprets the antiquated term “mental defective” in a much narrower way than BATFE does. It also disregards cases that recognize the fundamental rights protected by the Second Amendment cannot be abridged without adequate due process. NRA’s comment exposes the flaws in the justification BATFE provides for 51P, including the way it cherry picks case law and bits of legislative history that support a broad reading of the federal statute while ignoring other precedent that supports a narrow reading.

Recognizing that scientific knowledge of mental illness has progressed and now undermines the Gun Control Act’s broad prohibitions on the mentally ill, NRA urges BATFE to defer action on the rule and to wait for Congress to reexamine the issue in light of modern medical understanding of the link between mental illness and violence. The comment provides a number of guidelines for statutory reform, including provisions aimed at swifter, more accurate, and readily-accessible diagnosis and treatment of mental illness. It also suggests that individualized risk assessment may be a more effective means of protecting public safety than bans that affect large categories of people.

Finally, NRA’s comment offers specific recommendations for regulatory reform under the current statutory scheme. It advocates for more specific due process protections and individualized findings of dangerousness, expanding opportunities for restoration of rights, and interpreting the statutory terms in light of what they meant to the Congress that passed them.

82 House Democrats want Obama to Ban Imports of “Military-Style” Firearms

Categories: Activism, Education, News, Politics
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Published on: April 13, 2014

Engel

President Obama has been asked to stop the importation of what 82 House Democrats believe to be “military-style firearms” such as the AK-47. They want to stop gun crime in Mexico. Maybe they would be more successful at stopping gun violence in Mexico if they fired Holder and revamped the ATF.

The ban “would require no congressional action as the President has very broad authority under the 1968 Gun Control Act to prohibit the importation of firearms and ammunition unless they are generally recognized as particularly suitable for or readily adaptable to sporting purposes.”

Led my Eliot L. Engel (D-NY) and John Conyers Jr. (D-MI),they sent a letter to President Obama “urging him to renew enforcement of the ban on imported military-style firearms that was previously enforced during the H.W. Bush and Clinton administrations.”

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Shocking Allegations Show Harry Reid, Chinese Company Behind Nevada Ranch Standoff

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Published on: April 13, 2014

As a family in Clark County, Nev. continues to face an onslaught of heavily armed federal agents determined to kick them off of their ranch, reports have surfaced that Senate Majority Leader Harry Reid might be behind the entire ordeal.

The ranch, which has been in Cliven Bundy’s family for more than a century, is ground zero for a growing showdown between federal authorities and individual rights activists. Despite attempting to silence protesters by limiting them to so-called “First Amendment areas,” law enforcement personnel, legislators, and militia members are heading to the site in droves to express their outrage over the Bureau of Land Management’s show of force.

In an apparent effort to cover its tracks, the BLM has reportedly removed documents from its website showing that the move to kick the Bundys and their cattle off of the land was at least in part due to the fact that their presence impeded development of solar energy on the land.

Free Republic

Photo Credit: Free Republic

Reid and his eldest son, reports indicate, were integral in the support and/or implementation of a $5 billion solar plant being built in the county by a Chinese company.

Officially, the federal agency has suggested they are only after Bundy because his cattle are a threat to an endangered species of tortoise. That narrative, however, fell apart in the opinion of many critics when it was revealed the agency itself has engaged in the widespread slaughter of the animal.

The recent allegations of Reid’s hand in the Bundy attack are bolstered by the fact that his former senior adviser also served as the director of the BLM. According to reports, Reid successfully redrew the endangered tortoise’s protected habitat to benefit a donor, indicating his concern is more about his political and financial future than the well-being of this reptile.

Send a message directly to the BLM by adding your name to our important petition!

Sign the Petition

Failed Obama Budget Would have Laid Groundwork for Universal Gun Registry (GOA Report)

Categories: Activism, News, Politics
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Published on: April 10, 2014

Gun Owners of America

Last Friday, Attorney General Eric Holder testified before a House appropriations subcommittee on behalf of his department’s proposed budget for FY2015.

Apparently, Holder didn’t think anyone would read his written submission, because he all-but-admitted that Obama intends to implement a Universal Gun Registry by executive fiat.

He also asked Congress to help fund so-called “smart gun” technology, which would prevent a gun from firing unless the shooter is wearing an accompanying bracelet or ring.

“Smart guns” are a dumb idea

Given that “smart gun” technology only works about 80 percent of the time — according to the New Jersey Institute of Technology — gun owners almost universally consider this a “dumb” idea.

Even police have rejected the “dumb gun” approach for themselves.

Currently, there are no such guns on the market in the United States. One gun store did briefly offer an Armatix .22 caliber earlier this year, but public outrage forced them to pull the handgun from the shelves.

Holder pushes a Universal Gun Registry

This year’s Obama budget shows how the administration is trying to quietly create the infrastructure for a universal gun registry.

In proposed “Program Increases” for the FBI, Holder has this to say:

“This program enhancement will double the capacity of the existing NICS [National Instant Check System] system. These expansions are vital in ensuring that the NICS system can support a Universal Background Check requirement, which is expected to double gross NICS transactions.”

Huh?

It may have escaped the Attorney General’s notice, but the Democrat Senate defeated his Universal Background Check requirement.

So, in effect, Holder’s asking for $100 million and 524 personnel to implement a program Congress rejected.

But that’s not all.

Holder seeking more ATF agents to copy to 4473 forms

In the section on ATF “Program Increases,” Holder demands $51.1 million and 255 agents and other personnel for enforcement and inspections.

In case anyone has forgotten, these are the people who are going to the FFL’s in connection with “annual inspections” — and physically copying all the 4473′s and bound book entries. GOA has reported on these efforts before, and one can read first-hand accounts from gun dealers here and here.

So under Holder’s proposed budget, many more 4473′s would be copied and fed into ATF’s de facto registry.

At the same time, Obama’s illegal Universal Background Check — implemented, presumably, by executive fiat — would ensure every gun transaction would have to go through an FFL. And this, of course, would guarantee that every American gun owner would have a 4473 which can be copied.

Think about it. With Republicans expected to take the Senate this fall — and Obama stymied legislatively — he has every incentive to go “full tyrant.” And that, apparently, is exactly what he intends to do.

But we have no intention to sit back and let Holder take away our Second Amendment rights. We have drafted legislation to prohibit ATF from copying 4473′s — and to require it to destroy any 4473′s it currently has.

UPDATE: GOA recently alerted you that an import ban on certain ammunition could be forthcoming from the ATF. Well, it’s official now — the ATF just declared that Russian-made 7N6 5.45×39 ammo is armor piercing. This lawlessness represents another reason that Congress needs to cut the ATF’s budget.

ACTION: Contact your Representative. Demand that the Commerce-Justice-Science appropriations bill contain language to prohibit ATF from compiling a national gun registry by copying and retaining the 4473′s of every American.

NYC Cop Arrested in India for Having Ammo (NYC Anti Gun B.S. Comes Home to Roost!)

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Published on: April 10, 2014

The Mayor said he is also concerned about the well-being of Encarnacion, who has been released from prison but is awaiting the next court hearing.

“We are very hopeful that that will go smoothly and he’ll be able to leave India without further difficulty. But we’re very closely monitoring the situation, working with the State Department, with the American Embassy in India to make sure that he is treated fairly,” de Blasio said.

“We’ll make sure if we feel there’s anything he needs that he’s not getting, we’re going to be there to support him,” he added.

Encarnacion, 49, was arrested on March 11 at New Delhi’s Indira Gandhi International Airport after three bullets were found in his checked luggage as he was flying back to the US.

He has been charged with violating the Indian Arms Act of 1959 and faces up to seven years in prison.

He is forbidden from leaving India till his case has been settled in court.

Read More…

Glenn Says: For how many decades has NYC arrested, jailed, made criminals of people who unknowingly broke the draconian anti-gun dictates of City Hall? Now the bastards are tasting their own medicine! Maybe now would be the time to rethink the crazy gun laws in NYC that destroyed the lives of so many…

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EPISODE 63:
"The Police State Blinks"

#63

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