- Category Archives Legal
Some would say a local gun manufacturer is circumventing the NY SAFE ACT. But Anthony Testa of Just Right Carbines insists his company is taking every step possible to comply with the state’s new gun law. “The term circumvent makes it sound like we’re doing some sort of backroom deal which is very aggravating to me, we’re complying with the law,” explained Testa.“The term circumvention implies something negative and we’re not trying to do anything behind anybody’s back we’re trying to comply with the law (and) essentially when they passed the SAFE ACT (they) left some of the portions as vague as they did.” The specific issue comes down to the grip on a firearm that Just Right Carbines has manufactured for years. When the NY SAFE ACT was passed in January 2013 the gun’s “protruding pistol grip” classified it as an assault rifle and thus illegal unless registered with New York State Police by April 15, 2014.For months that impacted business until Just Right Carbines figured out that a slight modification to the firearm’s grip and stock would allow it to come into compliance and no longer be classified as an assault rifle.
How’s this for gun control: Attorney General Eric Holder said the Justice Department wants to explore gun tracking bracelets as part of a new form of gun control.
While appearing in front of the House appropriations subcommittee on Friday, Holder focused on technological innovations.
“I think that one of the things that we learned when we were trying to get passed those common sense reforms last year, Vice President Biden and I had a meeting with a group of technology people and we talked about how guns can be made more safe,” he said. “By making them either through finger print identification, the gun talks to a bracelet or something that you might wear, how guns can be used only by the person who is lawfully in possession of the weapon.
“It’s those kinds of things that I think we want to try to explore so that we can make sure that people have the ability to enjoy their Second Amendment rights, but at the same time decreasing the misuse of weapons that lead to the kinds of things that we see on a daily basis,” Holder said.
New York State Rifle and Pistol Association President Thomas King announced today that all bills calling for the repeal of the so-called NY SAFE Act, including Assembly Bill 6094 co-sponsored by Minority Leader Brian Kolb, were effectively killed in the downstate Democrat-dominated Codes Committee and therefore will not be brought to the Assembly Floor for a vote.
“This was entirely expected,” said King. “The sad reality is that one political party and one viewpoint dominates the Assembly: the anti-Second Amendment voice of the downstate Democrat majority. Upstate New Yorkers who oppose the NY SAFE Act ought to feel disenfranchised. This law is deeply flawed, and was passed in the middle of the night without input from law-enforcement, mental health professionals, or the public at large.”
Citing the ongoing NYSRPA litigation against the NY SAFE Act, King stressed the need to remain focused and support efforts to overturn the law in the courts. “Thus far, NYSRPA has spent over $500,000 in litigation. The final cost could be well over $1 million to take the appeal all the way to the U.S. Supreme Court. We won a victory in the Western NY Federal District Court where the 7-round magazine limit was deemed unconstitutional. Verbiage in the ruling indicates the strong possibility of overturning several onerous stipulations of the law by the Supreme Court, but it will be a long and costly fight.”
King also called on his membership to become politically engaged. “We need to register voters. Legislators, particularly in upstate New York, who voted for the NY SAFE Act must be held accountable. There ought to be voter registration forms in every gun club and gun shop. There is no excuse for not voting this November if you are a concerned gun owner. We have to topple the hegemony of the anti-constitutionalists, enough is enough.”
While the state of New York has not released actual firearms registration numbers, the rumors of registrations in the 3,000-5,000 range mean that 99% of those affected gun owners are refusing to comply with the law.
When friends and family members gathered recently at the White House for a private celebration of Michelle Obama’s 50th birthday, one of the invited partygoers was a former paid FBI Mafia informant.
That same man attended February’s state dinner in honor of French President Francois Hollande. He was seated with his girlfriend at a table adjacent to President Barack Obama, who is likely unaware that, according to federal agents, his guest once interacted with members of four of New York City’s five organized crime families. He even secretly taped some of those wiseguys using a briefcase that FBI technicians outfitted with a recording device.
The high-profile Obama supporter was also on the dais atop the U.S. Capitol steps last year when the president was sworn in for a second term. He was seated in front of the chairman of the Joint Chiefs of Staff, two rows behind Beyonce and Jay Z, and about 20 feet from Eric Holder, the country’s top law enforcement officer. As head of the Department of Justice, Attorney General Holder leads an agency that once reported that Obama’s inauguration guest also had La Cosa Nostra contacts beyond Gotham, and engaged in “conversations with LCN members from other parts of the United States.”
Not many FBI documents read like crime thrillers, but the criminal complaint of the FBI’s case against the Chee Kung Tong in California could have sprung from the mind of a screenwriter. In the affidavit, undercover FBI agents discuss alleged firsthand meetings with a shady Chinese community leaders, felonious political operatives, and a state senator who now stands accused of taking bribes and brokering an international arms deal. To read the document is to enter a world of drug smuggling, gun running, political favors, murder-for-hire plots, and quid pro quo election fundraising.
And it’s got weapons. Scores of them. To understand the weapons at play is to understand this scandal and its players. With that in mind, here’s a rundown of who’s packing what.
Tavor Assault Rifle
On March 11, 2014, Yee met with political consultant Keith Jackson (more on him soon) and Wilson Lim, who claimed to have a relative in the Philippines military who could steal weapons and was supposedly selling the military gear to Islamic rebels in Mindanao. An FBI undercover employee (UCE 4599) also in attendance asked Lim what kinds of weapons he could get. “Lim told UCE 4599 the Israeli-made Tavor assault rifle was very common in the Philippines,” the affidavit says. “Lim described the Tavor as being the equivalent of the M16 assault rifle.”
That’s a bit of an understatement. The weapon is a vast improvement over the M16, and many gun enthusiasts argue it’s a better weapon than the U.S. standard issue M4. The Tavor is made mostly of advanced polymer and has an ergonomic design that has been improved over more than a decade of use. It’s ideal for urban operations because of its bullpup design. That means the action (the mechanism that manipulates cartridges) is behind the trigger, decreasing the overall length of the rifle but maintaining the barrel length. This makes the weapon lighter and more maneuverable. It can be fired on semi-automatic, burst, and full-auto mode. Filipino marines, Drug Enforcement Agency agents, and Special Boat units of the national police are issued Tavors.
Criminal charges, including conspiracy to traffic firearms, have been brought against CA anti-gun State Senator Leland Yee.
If these allegations are true, Sen. Yee is easily the biggest hypocrite on gun control to walk the halls of the capitol in Sacramento, if not the entire United States.
Hypocrisy and lies are nothing new to the anti-gun crowd. We’ve seen similar cases against members of Mayor’s Against Illegal Guns but nothing as major as these allegations.
Make a much needed donation to SAF today and receive 2 of our newest sticker. The Second Amendment Foundation will not rest until every citizen’s Second Amendment Rights are protected from coast to coast.
Yee is charged with conspiracy to traffic in firearms without a license and to illegally import firearms, as well as six counts of scheming to defraud citizens of honest services. Each corruption count is punishable by up to 20 years in federal prison and a fine of up to $250,000, while the gun-trafficking count is punishable by up to five years and $250,000.
According to the Associated Press Yee was to receive campaign donations in exchange for various favors, including working through a Muslim rebel group. The people with whom the deals were made turned out to be undercover FBI agents.
Yee discussed helping the agent get weapons worth $500,000 to $2.5 million, including shoulder fired automatic weapons and missiles, through a Muslim separatist group in the Philippines to bring them to the United States, according to the affidavit by FBI Special Agent Emmanuel V. Pascua.
This is the same man that voted “yea” for the proposed California assault weapons ban (SB 374) in 2013. He also voted “yea” for the ban on lead hunting ammunition and “yea” for background checks for ammunition purchases.
The 137-page complaint is simply staggering. Here’s a prominent anti-gun Democrat state senator allegedly involved in a gun trafficking scheme, among other alleged crimes that include wire fraud and dealing firearms without a license. And this guy has spent a considerable amount of energy in the California legislature trying to deny law-abiding Californians of their gun rights.
The gun trafficking scheme allegedly involved activities in the Philippines, with the cash to be broken up into “legitimate campaign donations,” according to the court documents.
It is hard to fathom this kind of activity on a scale as massive as these court documents allege. If Sen. Yee and his fellow defendants are convicted, they’re going to wind up in one of the biggest gun-free zones in the country, a federal prison.
Starting Tuesday, April 1, long guns may not be sold or transferred in Connecticut without a permit to carry pistols or revolvers or an eligibility certificate for pistols or revolvers or a long gun eligibility certificate, according to the state police.
The law is part of the package of gun control legislation passed by the General Assembly last year after the shooting at Sandy Hook Elementary School in Newtown. Other parts of the law had already taken effect.
The law required owners of assault weapons that were banned under the law to register their guns by Jan. 1, 2014. That was also the deadline for the registration of large capacity magazines. The law also put in place universal background checks, barred the sales of ammunition to anyone under 18 and created a dangerous weapon offender registry.
The state police said as of Tuesday, that the permits can also be used for the purchase of ammunition. Anyone intending to purchase only ammunition and not any further firearms will be required only to obtain an ammunition certificate.
According to the state police, sales authorization numbers will be required for all firearm sales, retail or private, and must be submitted to the Special Licensing and Firearms Unit using form DPS-3-C (sale or transfer of all firearms). A DPS-67-C form (application to purchase firearms) must be filled out and retained by the seller. The forms are available at the state DESPP website…
The Media Won’t Cover Leland Yee’s Alleged Gun-Running Because They’re Democrat Operatives with By-Lines
The only thing I can do with this Glenn Reynolds column is endorse every single word of it. It is absolutely right.
Yee told an FBI agent that, in exchange for $2 million in cash, he’d fill a shopping list of weapons, which he took personal responsibility for delivering, according to the indictment. He also allegedly “masterminded” a complex scheme bring illegal weapons into the country, agreeing to “facilitate” a meeting with an illegal arms dealer to arrange for the weapons to be imported via Newark, N.J. In arranging all of this, the indictment said, Yee relied on connections with Filipino terrorist groups who could supply “heavy” weapons, including the Muslim terrorists of the Moro Islamic Liberation Front. Yee allegedly noted that the Muslim terrorists had no reservations about kidnapping, extortion and murder.
This all sounds like news. You’ve got charges of huge bribes, rampant hypocrisy, illegal weapons and even a connection with foreign terrorists — and from a leading politician in an important state.
But — and here’s the part Hollywood would miss — outside of local media like San Francisco magazine, the coverage was surprisingly muted.The New York Timesburied the story as a one-paragraph Associated Press report on page A21, with the bland dog-bites-man headline, “California: State Senator Accused of Corruption.” This even though Yee was suspended, along with two others, from the California state senate in light of the indictment.
CNN, home (also until last week) of Piers Morgan, whom Yee had praised for his anti-gun activism, didn’t report the story at all. When prodded by viewers, the networksnarked that it doesn’t do state senators. Which is odd, because searching the name of my own state senator, Stacey Campfield, turns up a page of results, involving criticisms of him for saying something “extreme”. Meanwhile, CNN found time to bashWisconsin state senator and supporter of Gov. Scott Walker, Randy Hopper over marital problems.
But there’s a difference. They’re Republicans. When Republicans do things that embarrass their party, the national media are happy to take note, even if they’re mere state senators. But when Democrats like Yee get busted for actual felonies, and pretty dramatic ones at that, the press suddenly isn’t interested.
Read the rest.
If he hadn’t been forced out of the race by being arrested, what would Leland Yee have done with the California secretary of state post? There’s a question that no one in the media will even think of pursuing.
Rep. Duncan Hunter on Tuesday asked Congress to evaluate whether enough states have officially called for a constitutional convention to propose a balanced budget amendment — marking the next step toward what could be an historic gathering.
Mr. Hunter, California Republican, said Congress should take stock of where things stand after Michigan last week approved an official call for a balanced budget amendment convention. According to some analysts, Michigan’s move makes it the 34th state to request a convention.
“It is my belief that the House should lead an effort to ascertain whether 34 states have voted affirmatively,” Mr. Hunter said in a letter to House Speaker John A. Boehner.
“A balanced budget amendment is long overdue and remains an effective tool to address runaway spending and deficits,” he wrote. “With the recent decision by Michigan lawmakers, it is important that the House — and those of us who support a balanced budget amendment — determine whether the necessary number of states have acted and the appropriate role of Congress should this be the case.”
The chief U.S. District Court judge in New Mexico granted a permanent injunction yesterday against the State of New Mexico’s “citizens only” concealed carry law that unfairly discriminated against permanent legal resident aliens in a case brought by the Second Amendment Foundation.
Chief Judge M. Christina Armijo issued an order yesterday that says the New Mexico statute “violates the Equal Protection Clause” of the Constitution’s Fourteenth Amendment.
“This is a victory not only for our plaintiff, John W. Jackson, but for all permanent legal resident aliens who are otherwise qualified to obtain a concealed handgun license,” said SAF founder and Executive Vice President Alan M. Gottlieb.
Jackson is an Australian citizen, but resides in Rio Rancho, N.M.
“One of the more significant notations in the ruling,” Gottlieb said, “is that the court found New Mexico’s statute discriminates on the basis of alienage, and as a result, was subject to strict scrutiny.”
The ruling does not declare the state’s concealed carry law unconstitutional, but it does conclude that the remedy for violating the equal protection clause is to sever the citizenship provision from the statute. This can be done, the judge said, “without impairing the remainder” of the state’s concealed carry law, which still requires an applicant to meet all of the state’s remaining requirements.
“This is one more example of how SAF is winning firearms rights one lawsuit at a time,” Gottlieb said. “Mr. Jackson has demonstrated that he is a productive member of the community and certainly did not give up any right to personal protection by moving from his country to our country.”
ERIC DUNCAN For the Tribune
Sheriff John Cooke addresses Northern Colorado Law Enforcement and residents at the grand opening of the Northern Colorado Regional Forensic Laboratory.
Colorado’s new gun restrictions went on trial Monday as Second Amendment advocates seek to overturn the laws on grounds that they violate constitutional rights to keep and bear arms.
An attorney for the state defended the ammunition magazine limits and expanded background checks, saying the measures were a suitable response to high-profile shooting rampages.
In his opening statement, Deputy Attorney General Matthew Grove noted Colorado’s tortured history with mass shootings, from the Columbine High School attack in 1999 to the Aurora movie theater massacre in 2012. He also mentioned the shooting spree at Sandy Hook Elementary School in Connecticut in 2012.
Responding to such events last year, “Colorado’s elected representatives made a policy decision to pass two pieces of legislation that appropriately balances the state public’s safety concerns with the respect of the Second Amendment rights of citizens,” Grove said.
Attorney Richard Westfall, representing gun rights advocates, countered by saying the laws “were passed with almost no evidence or data” that they would make people safer, and he criticized lawmakers as trying “to legislate for the sake of legislating in the wake of the Aurora theater shooting.”
The arguments in Denver federal court kicked off a two-week trial on an issue that’s been among Colorado’s most politically contentious in recent memory.
In 21st-century America, the most innocent of activities could have a SWAT team busting down your door. Reason profiles the Harte family, who were the victims of a SWAT home invasion after police raided their garbage cans (h/t Ben Domench). An unreliable field test falsely identified Addie Harte’s trashed teabags as marijuana, and SWAT leapt into action. The Hartes didn’t just suffer the trauma of the raid—they had to spend $25,000 just to find out why they were targeted.
Three former campaign workers for Councilwoman Maria del Carmen Arroyo were officially charged with fraud Wednesday.
Betty Julien, Elbin Lopez and Luis Vargas were quietly arrested Tuesday night — eight months after being accused by the elected official of forging signatures for her reelection petitions.
The trio of hired staffers were fingered by the Councilwoman after volunteers for her primary challenger, Julio Pabon, noticed names such as Derek Jeter Jr. and Kate Moss on the rolls.
“I thought this was all behind me,” said Lopez, 49, looking dazed as he left the courtroom.
Arroyo, who went on to win both the primary and general elections, was nearly booted from the ballot for lack of legitimate signatures.
A staggering 81% of the 3,339 signatures filed by the campaign were deemed invalid.
A year ago this coming Friday, the Connecticut General Assembly passed and Gov. Dannel P. Malloy signed into law “An Act Concerning Gun Violence Prevention and Child Safety.” This bill, which requires owners of semiautomatic rifles defined as assault weapons to register them and includes other restrictions on guns and standard-capacity magazines, was placed into law using emergency certification, which means it had no public comment or input.
If hearings on the bill had been held, the legislature would have heard from the thousands of law-abiding gun owners who see this law as unconstitutional and continue to support its repeal.
The law neither prevents violence nor protects children. It has, however, far reaching effects. It converts law-abiding citizens into potential felons by the tens of thousands, by making criminals of those of us who choose not to comply with the registration requirements. This despite our having legally and safely owned guns and ammunition for years. It has been reported conservatively that there are more than 50,000 unregistered assault weapons in Connecticut. Their owners can be charged with a Class D felony.
This law, passed in the aftermath of the tragic killings at Sandy Hook Elementary School, emerged from the bowels of the Capitol in the dead of night. It is just the most current example of the mistaken ideological crusade that is “gun control.” Requiring legislation on an object will not slow those with malicious intent. Further, history has proven that gun control laws lead to confiscation. It happened in England. It happened in Australia. It happened in Canada. Now it will happen in America.
Neither school safety nor proven real issues that lead to gun violence are addressed in this law. How does registration dissuade a person bent on violence?
Those who are willing to see the awful truth of our current situation realize that the law has been perverted to serve ideology and political leaning over equal and exact justice founded on the protection of individual rights. Can there be any safety to property or individual rights with this model at its core?
The Connecticut Constitution is very clear, beginning with a Declaration of Rights. Article 1 Section 15: “Every citizen has a right to bear arms in defense of himself and the state.”