EXTREME RISK PROTECTION ORDERS: FURTHER EROSION OF THE SECOND AMENDMENT IN THE EMPIRE STATE, AS ENVISIONED BY GOVERNOR ANDREW CUOMO
While Congressional and State Democrats and Centrist Republicans fret over and complain about President Donald Trump’s lawful immigration enforcement actions, directed at tens of thousands of aliens attempting illegal entry across our Nation's Southern Border, these same members of Congress and legislators in State Government are no less busy, albeit at the moment ever so quietly, at work machinating to deprive American citizens’ of their sacred Second Amendment right to keep and bear arms. It is singularly odd that Congressional and State legislators and various State and Government officials and media commentators of a liberal bent bemoan what they describe, with a rhetorical flourish, as Border Patrol agents “stripping (or ripping) children from the arms of migrant Moms and Dads” who, for all that, when one stops to consider, have dared enter our Nation illegally. And, it is equally odd that these same legislators and federal Government officials and leftist media commentators wrongly and unabashedly slur federal ICE agents for simply doing their job, for the benefit of the citizens of this Country, and at considerable risk to their own lives, arresting illegal aliens who—showing contempt for our laws, having illicitly entered our Country and having embedded themselves in our Nation, and who having further compounded their criminal actions by failing to report to the Courts for their deportation hearing—dare argue that these criminals have a moral and legal right to remain lawfully in our Country. And, third, these leftist legislators, leftist Government officials and leftist mainstream media types attempt, outrageously, to inflame public passion over HHS handling of illegal alien children and adults. But, these illegal aliens have dared to skirt our immigration and naturalization laws by entering our Country illegally. These leftist legislators and leftist Government officials and leftist news reporters and commentators ludicrously liken HHS detention of illegal aliens to concentration camp internment, yet, at once fail to acknowledge one inescapable, indisputable fact: American Government officials have not rounded up illegal aliens, spiriting them out of their native Countries, forcing them into detention in the United States. No! These aliens came illegally to our Country through their own volition. They are, then, by any reasonable consideration, hardly in a position to contest their less than five star hotel treatment.Yet, despite, arguing for the existence of rights and liberties these illegal aliens simply do not have, and never have had--rights and liberties they would nonetheless lavishly bestow on illegal aliens--these sanctimonious leftist Congressional and State legislators, and leftist federal Government officials, and leftist media types, surprisingly, do not demonstrate equal concern for protecting the unalienable and fundamental right of the American people to keep and bear arms. We see just the opposite to be the case. These leftist Congressional and State legislators work strenuously, tirelessly to strip or rip away a sacred right of the American people, codified clearly and succinctly in the U.S. Constitution. And, our free Press, constantly heralding the right to spout dangerous nonsense—a right, just the same, protected under the First Amendment, constantly, consistently echo the work of these leftist Congressional and State legislators, proclaiming, and arguing for, the imposition of ever more restraints on the citizen’s exercise of his or her Second Amendment right to keep and bear arms. Indeed, some among the media's commentators, like the New York Times' Op-Ed Columnist, Bret Stephens, even argue, outrageously and insidiously, for outright de jure repeal of the Second Amendment to the U.S. Constitution—even though it is only through the preservation of and through the continued force and efficacy of the fundamental, sacred, and natural right codified in the Second Amendment that the ultimate, failsafe check by the People, on a runaway autocratic Government, exists to impose accountability on a Government that might run amok.
LEFTISTS PERCEIVE THE EXISTENCE OF RIGHTS AND LIBERTIES, ACCRUING TO ALIEN PEOPLES, THAT SIMPLY DO NOT EXIST AND, AT ONE AND THE SAME TIME, DARE TO DENY THE EXISTENCE OF THE MOST SALIENT FUNDAMENTAL, NATURAL RIGHT OF THE AMERICAN CITIZEN THAT CLEARLY, AND LITERALLY DOES EXIST, AS MANIFESTLY CODIFIED IN THE SECOND AMENDMENT OF THE BILL OF RIGHTS OF THE NATION’S CONSTITUTION.
In point of fact no non-citizen can assert, as a matter of right, a bald claim to reside in our Nation. Still, many individuals in Government, in the mainstream media, in entertainment, in liberal and socialist groups, along with “elitist” internationalists, assert that virtually anyone who seeks to reside in our Nation has the right to do so even when no such right exists either in our Constitution or in our Nation’s Statutes. At one and the same time these same leftists exclaim vociferously, incessantly, and inconsistently that parts of our Nation’s Constitution ought to be and can be patently ignored, even where the rights are etched firmly in stone.A collectivist mentality infects the airwaves. Collectivists have carefully orchestrated a campaign of propaganda, a campaign designed to divest a Nation’s people of their cultural heritage and history, of their sense of uniqueness and pride. These destroyers of the Nation State utilize a flexible sense of morality, predicated on utilitarian axioms that proceed from the notion that what is in the best interests of the world’s multitude, overrides what is in the best interests of the citizens of a Nation; and that what is deemed to be right, and fitting, and good, and fair, and just, in accordance with collectivist ideology, overrides the laws of a Nation; overrides a Nation’s Constitution; overrides the very needs, rights, personal safety, and sanctity of the individual citizen of a Nation.Collectivists do not like the fact that our Nation is an independent sovereign Nation State and that our Nation, as an independent sovereign Nation, operates through a set of concrete laws, and through a Constitution that exists as the supreme Law of the Land. The U.S. Constitution and the laws that Congress enacts are not subject to acceptance or rejection on a whim, predicated, ostensibly, on a collectivist notion of what constitutes correct action and what constitutes eggregious action. To deny the truth of this statement is to accept in its stead, a state of lawlessness, of anarchy. It is this lawlessness, this anarchy, that the destroyers of our Nation seek, even as they disingenuously and insidiously claim to defend our Constitution and the laws of the Nation. Consider, for example, the confounding, bizarre Collectivist message that proclaims a desire to destroy, Immigration and Customs Enforcement (ICE). And through the softening of our Nation’s laws and of our Nation’s Constitution, we, ourselves, become weakened, malleable. In the end, a new international world order, overseeing the conduct of all Nation States, would predominate, and our own free Republic would, in fact, not merely in name, cease to exist.Contrary to those dissemblers of our Nation, our Constitution is not to be toyed with. Our Country ceases to exist but for our Constitution. The United States Supreme Court made patently clear in the seminal immigration law case, United States v. Verdugo-Urquidez, 494 U.S. 259, 270; 110 S. Ct. 1056, 1063; 108 L. Ed. 2d 222, 236; 1990 U.S. LEXIS 1175, that: “The United States is entirely a creature of the Constitution. Its power and authority have no other source. It can only act in accordance with all the limitations imposed by the Constitution” “[and that] for better or worse, we live a world of nation-states in which our Government must be able to ‘function effectively in the company of [other] sovereign nations.’” 494 U.S. at 275; 110 S. Ct. at 1066; 108 L. Ed. 2d at 239. President Donald Trump understands this limitation and accepts this limitation and operates within the confines of our laws and our Constitution. And, by the same token, President Trump understands his duty, as Chief Executive of our Nation as an independent, Sovereign Nation-State, to maintain the integrity of our Nation’s Borders.Unfortunately there are all too many members of Congress and in the State Legislatures who allow raw emotion to cloud their judgment. They remonstrate against the President even as he operates within the stricture of Article 2, Section 3 of the Constitution to “take care that the laws be faithfully executed.”Emotion must never override nor cloud reason. Collectivist notions of morality are not and never have been a justifiable reason for ignoring the authority of and stricture of Constitutional precepts. Yet, Democrats and Centrist Republicans—through the echo chamber of the mainstream media—daily denigrate our Constitution and our Statutes even as they assert, disingenuously, to operate within the confines of the rule of law.Both in the matter of immigration and naturalization matters and in the matter of the Second Amendment right of the people to keep and bear arms, we, Americans, are constantly beset with a fusillade of false and misleading pronouncements aimed at confusing us as to the meaning of and purport of our Statutes and of the supremacy of the U.S. Constitution.Even before the two mass shooting incidents—one at the Marjory Stoneman Douglas High School, in Parkland, Florida, and the second at Santa Fe High School, in Santa Fe, Texas—State legislators contrived new ways to deprive citizens of owning any firearm, thereby directly impinging on and infringing the Second Amendment of the U.S. Constitution. States started looking at further ways to impede the citizen’s exercise of his or her fundamental right to keep and bear arms.In New York, for example, in March 2017, Democrat, Brian Kavanagh, introduced A.B. 6994, in the State Assembly. The bill is described as: “AN ACT to amend the civil practice law and rules, the criminal procedure law and the penal law, in relation to establishing extreme risk protection orders as court-issued orders of protection prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun.” AB 6994 has already passed the Assembly—the First Chamber of the New York State Government, in Albany New York—and it now sits in the Second Chamber, the New York State Senate. AB 6994 appears, fortunately, at least at this moment in time, to have a low chance of passage, but such passage should not be ruled out, especially in light of the two fairly recent high school mass shooting incidents.Those Americans who support our Second Amendment should bear in mind that New York’s AB 6994—along with similar predecessor bills that were introduced in the New York Assembly or State Senate, and that failed—is an altogether new restriction on gun owners. If enacted, this bill amounts not merely to a change in existing restrictive New York gun laws, but to the creation of a wholly new restriction in conjunction with New York’s present, extensive, oppressive set of restrictive gun laws.If enacted into law, AB 6994 says that “the civil practice law and rules are amended by adding a new article 63-A.”What does the bill say? The bill sets forth both the rationale and requirements, in addition those presently existent in New York, for removing firearms from a New York resident’s possession, along with a detailed list of mechanisms for such removal.
EXTREME RISK PROTECTION ORDERS: A NEW AND OUTRAGEOUS TWIST ON AN OLD LEGAL DEVICE--ORDERS OF PROTECTION AND RESTRAINING ORDERS
We first set forth the bill in its entirety, and then explicate the salient portions of the bill.AB 6994 [AMENDING ARTICLE 63-A OF THE CIVIL PRACTICE LAW AND RULES OF THE STATE OF NEW YORK]:[NOTE: UPPER CASE LETTERS APPEAR IN THE ORIGINAL TEXT OF THE BILL; NUMBERING HAS BEEN REMOVED GIVEN EDITING DIFFICULTIES]EXTREME RISK PROTECTION ORDERSDEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:‘EXTREME RISK PROTECTION ORDER’ MEANS A COURT-ISSUED ORDER OF PROTECTION PROHIBITING A PERSON FROM PURCHASING, POSSESSING OR ATTEMPTING TO PURCHASE OR POSSESS A FIREARM, RIFLE OR SHOTGUN.‘PETITIONER’ MEANS: (A) A POLICE OFFICER, AS DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, OR DISTRICT ATTORNEY WITH JURISDICTION IN THE COUNTY OR CITY WHERE THE PERSON AGAINST WHOM THE ORDER IS SOUGHT RESIDES; OR (B) A FAMILY OR HOUSEHOLD MEMBER, AS DEFINED IN SUBDIVISION TWO OF SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW, OF THE PERSON AGAINST WHOM THE ORDER IS SOUGHT.‘RESPONDENT’ MEANS THE PERSON AGAINST WHOM AN EXTREME RISK PROTECTION ORDER IS OR MAY BE SOUGHT UNDER THIS ARTICLE.APPLICATION FOR AN EXTREME RISK PROTECTION ORDER. IN ACCORDANCE WITH THIS ARTICLE, A PETITIONER MAY FILE A SWORN APPLICATION, AND ACCOMPANYING SUPPORTING DOCUMENTATION, SETTING FORTH THE FACTS AND CIRCUMSTANCES JUSTIFYING THE ISSUANCE OF AN EXTREME RISK PROTECTION ORDER. SUCH APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE FILED IN THE SUPREME COURT IN THE COUNTY IN WHICH THE RESPONDENT RESIDES. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ADOPT FORMS THAT MAY BE USED FOR PURPOSES OF SUCH APPLICATIONS AND THE COURT'S CONSIDERATION OF SUCH APPLICATIONS. SUCH APPLICATION FORM SHALL INCLUDE INQUIRY AS TO WHETHER THE PETITIONER KNOWS, OR HAS REASON TO BELIEVE, THAT THE RESPONDENT OWNS, POSSESSES OR HAS ACCESS TO A FIREARM, RIFLE OR SHOTGUN AND IF SO, A REQUEST THAT THE PETITIONER LIST OR DESCRIBE SUCH FIREARMS, RIFLES AND SHOTGUNS, AND THE RESPECTIVE LOCATIONS THEREOF, WITH AS MUCH SPECIFICITY AS POSSIBLE.A STATEMENT TO THE RESPONDENT: DIRECTING THAT THE RESPONDENT MAY NOT PURCHASE, POSSESS OR ATTEMPT TO PURCHASE OR POSSESS A FIREARM, RIFLE OR SHOTGUN WHILE THE ORDER IS IN EFFECT AND THAT ANY FIREARM, RIFLE OR SHOTGUN POSSESSED BY SUCH RESPONDENT SHALL BE PROMPTLY SURRENDERED TO ANY AUTHORIZED LAW ENFORCEMENT OFFICIAL;INFORMING THE RESPONDENT THAT THE COURT WILL HOLD A HEARING NO SOONER THAN THREE NOR MORE THAN SIX BUSINESS DAYS AFTER SERVICE OF THE TEMPORARY ORDER, TO DETERMINE WHETHER A FINAL EXTREME RISK PROTECTION ORDER WILL BE ISSUED AND THE DATE, TIME AND LOCATION OF SUCH HEARING, PROVIDED THAT THE RESPONDENT SHALL BE ENTITLED TO MORE THAN SIX DAYS UPON REQUEST IN ORDER TO PREPARE FOR THE HEARING; AND (III) INFORMING THE RESPONDENT THE HE OR SHE MAY SEEK THE ADVICE OF AN ATTORNEY AND THAT AN ATTORNEY SHOULD BE CONSULTED PROMPTLY; ANDA FORM TO BE COMPLETED AND EXECUTED BY THE RESPONDENT AT THE TIME OF SERVICE OF THE TEMPORARY EXTREME RISK PROTECTION ORDER WHICH ELICITS A LIST OF ALL FIREARMS, RIFLES AND SHOTGUNS POSSESSED BY THE RESPONDENT AND THE PARTICULAR LOCATION OF EACH FIREARM, RIFLE OR SHOTGUN LISTED.IF THE APPLICATION FOR A TEMPORARY EXTREME RISK PROTECTION ORDER IS NOT GRANTED, THE COURT SHALL NOTIFY THE PETITIONER AND, UNLESS THE APPLICATION IS VOLUNTARILY WITHDRAWN BY THE PETITIONER, NONETHELESS SCHEDULE A HEARING ON THE APPLICATION FOR A FINAL EXTREME RISK PROTECTION ORDER. SUCH HEARING SHALL BE SCHEDULED TO BE HELD PROMPTLY, BUT IN ANY EVENT NO LATER THAN TEN BUSINESS DAYS AFTER THE DATE ON WHICH SUCH APPLICATION IS SERVED ON THE RESPONDENT, PROVIDED, HOWEVER, THAT THE RESPONDENT MAY REQUEST, AND THE COURT MAY GRANT, ADDITIONAL TIME TO ALLOW THE RESPONDENT TO PREPARE FOR THE HEARING. A NOTICE OF SUCH HEARING SHALL BE PREPARED BY THE COURT AND SHALL INCLUDE THE DATE AND TIME OF THE HEARING, THE ADDRESS OF THE COURT, AND THE SUBJECT OF THE HEARING.THE COURT SHALL NOTIFY THE DIVISION OF STATE POLICE, ANY OTHER LAW ENFORCEMENT AGENCY WITH JURISDICTION, ALL APPLICABLE LICENSING OFFICERS, AND THE DIVISION OF CRIMINAL JUSTICE SERVICES OF THE ISSUANCE OF A TEMPORARY EXTREME RISK PROTECTION ORDER AND PROVIDE A COPY OF SUCH ORDER NO LATER THAN THE NEXT BUSINESS DAY AFTER ISSUING THE ORDER TO SUCH PERSONS OR AGENCIES. THE COURT ALSO SHALL PROMPTLY NOTIFY SUCH PERSONS AND AGENCIES AND PROVIDE A COPY OF ANY ORDER AMENDING OR REVOKING SUCH PROTECTION ORDER OR RESTORING THE RESPONDENT'S ABILITY TO OWN OR POSSESS FIREARMS, RIFLES OR SHOTGUNS NO LATER THAN THE NEXT BUSINESS DAY AFTER ISSUING THE ORDER TO RESTORE SUCH RIGHT TO THE RESPONDENT. ANY NOTICE OR REPORT SUBMITTED PURSUANT TO THIS SUBDIVISION SHALL BE IN AN ELECTRONIC FORMAT, IN A MANNER PRESCRIBED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES.UPON RECEIVING NOTICE OF THE ISSUANCE OF A TEMPORARY EXTREME RISK PROTECTION ORDER, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL IMMEDIATELY REPORT THE EXISTENCE OF SUCH ORDER TO THE FEDERAL BUREAU OF INVESTIGATION TO ALLOW THE BUREAU TO IDENTIFY PERSONS PROHIBITED FROM PURCHASING FIREARMS, RIFLES OR SHOTGUNS. THE DIVISION SHALL ALSO IMMEDIATELY REPORT TO THE BUREAU THE EXPIRATION OF ANY SUCH PROTECTION ORDER, ANY COURT ORDER AMENDING OR REVOKING SUCH PROTECTION ORDER OR RESTORING THE RESPONDENT'S ABILITY TO PURCHASE A FIREARM, RIFLE OR SHOTGUN.THE ISSUANCE OF A TEMPORARY EXTREME RISK PROTECTION ORDER SHALL CONSTITUTE AUTHORITY AND DIRECTION FOR A POLICE OFFICER TO REMOVE ALL FIREARMS, RIFLES AND SHOTGUNS IN THE RESPONDENT'S POSSESSION. AS PART OF THE ORDER, THE COURT MAY ALSO DIRECT A POLICE OFFICER TO SEARCH FOR FIREARMS, RIFLES AND SHOTGUNS IN THE RESPONDENT'S POSSESSION IN A MANNER CONSISTENT WITH THE PROCEDURES OF ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW.UPON ISSUANCE OF A TEMPORARY EXTREME RISK PROTECTION ORDER, OR UPON SETTING A HEARING FOR A FINAL EXTREME RISK PROTECTION ORDER WHERE A TEMPORARY ORDER IS DENIED OR NOT REQUESTED, THE COURT SHALL DIRECT THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION TO CONDUCT A BACKGROUND INVESTIGATION AND REPORT TO THE COURT AND, SUBJECT TO ANY APPROPRIATE REDACTIONS TO PROTECT ANY PERSON, EACH PARTY REGARDING WHETHER THE RESPONDENT:HAS ANY PRIOR CRIMINAL CONVICTION FOR AN OFFENSE INVOLVING DOMESTIC VIOLENCE, USE OF A WEAPON, OR OTHER VIOLENCE;HAS ANY CRIMINAL CHARGE OR VIOLATION CURRENTLY PENDING AGAINST HIM OR HER;IS CURRENTLY ON PAROLE OR PROBATION;POSSESSES ANY REGISTERED FIREARMS, RIFLES OR SHOTGUNS; ANDHAS BEEN, OR IS, SUBJECT TO ANY ORDER OF PROTECTION OR HAS VIOLATED OR ALLEGEDLY VIOLATED ANY ORDER OF PROTECTION.ISSUANCE OF A FINAL EXTREME RISK PROTECTION ORDER. IN ACCORDANCE WITH THIS ARTICLE, NO SOONER THAN THREE BUSINESS DAYS NOR LATER THAN SIX BUSINESS DAYS AFTER SERVICE OF A TEMPORARY EXTREME RISK PROTECTION ORDER AND, ALTERNATIVELY, NO LATER THAN TEN BUSINESS DAYS AFTER SERVICE OF AN APPLICATION UNDER THIS ARTICLE WHERE NO TEMPORARY EXTREME RISK PROTECTION ORDER HAS BEEN ISSUED, THE SUPREME COURT SHALL HOLD A HEARING TO DETERMINE WHETHER TO ISSUE A FINAL EXTREME RISK PROTECTION ORDER AND, WHEN APPLICABLE, WHETHER A FIREARM, RIFLE OR SHOTGUN SURRENDERED BY, OR REMOVED FROM, THE RESPONDENT SHOULD BE RETURNED TO THE RESPONDENT. THE RESPONDENT SHALL BE ENTITLED TO MORE THAN SIX BUSINESS DAYS IF A TEMPORARY EXTREME RISK PROTECTION ORDER HAS BEEN ISSUED AND THE RESPONDENT REQUESTS A REASONABLE PERIOD OF ADDITIONAL TIME TO PREPARE FOR THE HEARING. WHERE NO TEMPORARY ORDER HAS BEEN ISSUED, THE RESPONDENT MAY REQUEST, AND THE COURT MAY GRANT, ADDITIONAL TIME BEYOND THE TEN DAYS TO ALLOW THE RESPONDENT TO PREPARE FOR THE HEARING.AT THE HEARING PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE PETITIONER SHALL HAVE THE BURDEN OF PROVING, BY CLEAR AND CONVINCING EVIDENCE, THAT THE RESPONDENT IS LIKELY TO ENGAGE IN CONDUCT THAT WOULD RESULT IN SERIOUS HARM TO HIMSELF, HERSELF OR OTHERS, AS DEFINED IN PARAGRAPH ONE OR TWO OF SUBDIVISION (A) OF SECTION 9.39 OF THE MENTAL HYGIENE LAW. THE COURT MAY CONSIDER THE PETITION AND ANY EVIDENCE SUBMITTED BY THE PETITIONER, ANY EVIDENCE SUBMITTED BY THE RESPONDENT, ANY TESTIMONY PRESENTED, AND THE REPORT OF THE RELEVANT LAW ENFORCEMENT AGENCY SUBMITTED PURSUANT TO SUBDIVISION NINE OF SECTION SIXTY-THREE HUNDRED FORTY-TWO OF THIS ARTICLE. THE COURT SHALL ALSO CONSIDER THE FACTORS SET FORTH IN SUBDIVISION TWO OF SECTION SIXTY-THREE HUNDRED FORTY-TWO OF THIS ARTICLE.AFTER THE HEARING PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE COURT SHALL ISSUE A WRITTEN ORDER GRANTING OR DENYING THE EXTREME RISK PROTECTION ORDER AND SETTING FORTH THE REASONS FOR SUCH DETERMINATION. IF THE EXTREME RISK PROTECTION ORDER IS GRANTED, THE COURT SHALL DIRECT SERVICE OF SUCH ORDER IN THE MANNER AND IN ACCORDANCE WITH THE PROTECTIONS FOR THE PETITIONER SET FORTH IN SUBDIVISION SIX OF SECTION SIXTY-THREE HUNDRED FORTY-TWO OF THIS ARTICLE.UPON ISSUANCE OF AN EXTREME RISK PROTECTION ORDER: (I) ANY FIREARM, RIFLE OR SHOTGUN REMOVED PURSUANT TO A TEMPORARY EXTREME RISK PROTECTION ORDER OR SUCH EXTREME RISK PROTECTION ORDER SHALL BE RETAINED BY THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE DURATION OF THE ORDER, UNLESS OWNERSHIP OF THE FIREARM, RIFLE OR SHOTGUN IS LEGALLY TRANSFERRED BY THE RESPONDENT TO ANOTHER INDIVIDUAL PERMITTED BY LAW TO OWN AND POSSESS SUCH FIREARM, RIFLE OR SHOTGUN; (II) THE SUPREME COURT SHALL TEMPORARILY SUSPEND ANY EXISTING FIREARM LICENSE POSSESSED BY THE RESPONDENT AND ORDER THE RESPONDENT TEMPORARILY INELIGIBLE FOR SUCH A LICENSE; (III) THE RESPONDENT SHALL BE PROHIBITED FROM PURCHASING OR POSSESSING, OR ATTEMPTING TO PURCHASE OR POSSESS, A FIREARM, RIFLE OR SHOTGUN; AND (IV) THE COURT SHALL DIRECT THE RESPONDENT TO SURRENDER ANY FIREARM, RIFLE OR SHOTGUN IN HIS OR HER POSSESSION.AN EXTREME RISK PROTECTION ORDER ISSUED IN ACCORDANCE WITH THIS SECTION SHALL EXTEND, AS SPECIFIED BY THE COURT, FOR A PERIOD OF UP TO ONE YEAR FROM THE DATE OF THE ISSUANCE OF SUCH ORDER; PROVIDED, HOWEVER, THAT IF SUCH ORDER WAS IMMEDIATELY PRECEDED BY THE ISSUANCE OF A TEMPORARY EXTREME RISK PROTECTION ORDER, THEN THE DURATION OF THE EXTREME RISK PROTECTION ORDER SHALL BE MEASURED FROM THE DATE OF ISSUANCE OF SUCH TEMPORARY EXTREME RISK PROTECTION ORDER.THE ISSUANCE OF A FINAL EXTREME RISK PROTECTION ORDER SHALL CONSTITUTE AUTHORITY AND DIRECTION FOR A POLICE OFFICER TO REMOVE ALL FIREARMS, RIFLES AND SHOTGUNS IN THE RESPONDENT'S POSSESSION. AS PART OF THE ORDER, THE COURT MAY ALSO DIRECT A POLICE OFFICER TO SEARCH FOR FIREARMS, RIFLES AND SHOTGUNS IN A RESPONDENT'S POSSESSION CONSISTENT WITH THE PROCEDURES OF ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW.THE COURT SHALL NOTIFY THE DIVISION OF STATE POLICE, ANY OTHER LAW ENFORCEMENT AGENCY WITH JURISDICTION, ALL APPLICABLE LICENSING OFFICERS, AND THE DIVISION OF CRIMINAL JUSTICE SERVICES OF THE ISSUANCE OF A FINAL EXTREME RISK PROTECTION ORDER AND PROVIDE A COPY OF SUCH ORDER TO SUCH PERSONS AND AGENCIES NO LATER THAN THE NEXT BUSINESS DAY AFTER ISSUING THE ORDER. THE COURT ALSO SHALL PROMPTLY NOTIFY SUCH PERSONS AND AGENCIES AND PROVIDE A COPY OF ANY ORDER AMENDING OR REVOKING SUCH PROTECTION ORDER OR RESTORING THE RESPONDENT'S ABILITY TO OWN OR POSSESS FIREARMS, RIFLES OR SHOTGUNS NO LATER THAN THE NEXT BUSINESS DAY AFTER ISSUING THE ORDER TO RESTORE SUCH RIGHT TO THE RESPONDENT. ANY NOTICE OR REPORT SUBMITTED PURSUANT TO THIS SUBDIVISION SHALL BE IN AN ELECTRONIC FORMAT, IN A MANNER PRESCRIBED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES.UPON RECEIVING NOTICE OF THE ISSUANCE OF A FINAL EXTREME RISK PROTECTION ORDER, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL IMMEDIATELY REPORT THE EXISTENCE OF SUCH ORDER TO THE FEDERAL BUREAU OF INVESTIGATION TO ALLOW THE BUREAU TO IDENTIFY PERSONS PROHIBITED FROM PURCHASING FIREARMS, RIFLES OR SHOTGUNS. THE DIVISION SHALL ALSO IMMEDIATELY REPORT TO THE BUREAU THE EXPIRATION OF SUCH PROTECTION ORDER AND ANY COURT ORDER AMENDING OR REVOKING SUCH PROTECTION ORDER OR RESTORING THE RESPONDENT'S ABILITY TO PURCHASE A FIREARM, RIFLE OR SHOTGUN.IF, IN ACCORDANCE WITH A TEMPORARY EXTREME RISK PROTECTION ORDER, A FIREARM, RIFLE OR SHOTGUN HAS BEEN SURRENDERED BY OR REMOVED FROM THE RESPONDENT, AND THE SUPREME COURT SUBSEQUENTLY FINDS THAT THE PETITIONER HAS NOT MET THE REQUIRED STANDARD OF PROOF, THE COURT'S FINDING SHALL INCLUDE A WRITTEN ORDER, ISSUED TO ALL PARTIES, DIRECTING THAT ANY FIREARM, RIFLE OR SHOTGUN SURRENDERED OR REMOVED PURSUANT TO SUCH TEMPORARY ORDER SHALL BE RETURNED TO THE RESPONDENT.IF ANY OTHER PERSON DEMONSTRATES THAT HE OR SHE IS THE LAWFUL OWNER OF ANY FIREARM, RIFLE OR SHOTGUN SURRENDERED OR REMOVED PURSUANT TO A PROTECTION ORDER ISSUED IN ACCORDANCE WITH THIS ARTICLE, AND PROVIDED THAT THERE IS NO LEGAL IMPEDIMENT TO THE PERSON'S POSSESSION OF A SURRENDERED OR REMOVED FIREARM, RIFLE OR SHOTGUN, THE COURT MAY, AFTER NOTICE TO THE PARTIES AND AN OPPORTUNITY TO BE HEARD, DIRECT THAT SUCH FIREARM, RIFLE OR SHOTGUN BE RETURNED TO SUCH LAWFUL OWNER.THE RESPONDENT SHALL BE NOTIFIED ON THE RECORD AND IN WRITING BY THE COURT THAT HE OR SHE MAY SUBMIT ONE WRITTEN REQUEST, AT ANY TIME DURING THE EFFECTIVE PERIOD OF AN EXTREME RISK PROTECTION ORDER, FOR A HEARING SETTING ASIDE ANY PORTION OF SUCH ORDER. THE REQUEST SHALL BE SUBMITTED IN SUBSTANTIALLY THE SAME FORM AND MANNER AS PRESCRIBED BY THE CHIEF ADMINISTRATOR OF THE COURTS. UPON SUCH REQUEST, THE COURT SHALL PROMPTLY HOLD A HEARING, IN ACCORDANCE WITH THIS ARTICLE, AFTER PROVIDING REASONABLE NOTICE TO THE PETITIONER. THE RESPONDENT SHALL BEAR THE BURDEN TO PROVE, BY CLEAR AND CONVINCING EVIDENCE, ANY CHANGE OF CIRCUMSTANCES THAT MAY JUSTIFY A CHANGE TO THE ORDER.SURRENDER AND REMOVAL OF FIREARMS, RIFLES AND SHOTGUNS PURSUANT TO AN EXTREME RISK PROTECTION ORDER. WHEN A LAW ENFORCEMENT OFFICER TAKES ANY FIREARM, RIFLE OR SHOTGUN PURSUANT TO A TEMPORARY EXTREME RISK PROTECTION ORDER OR A FINAL EXTREME RISK PROTECTION ORDER, THE OFFICER SHALL GIVE TO THE PERSON FROM WHOM SUCH FIREARM, RIFLE OR SHOTGUN IS TAKEN A RECEIPT OR VOUCHER FOR THE PROPERTY TAKEN, DESCRIBING THE PROPERTY IN DETAIL. IN THE ABSENCE OF A PERSON, THE OFFICER SHALL LEAVE THE RECEIPT OR VOUCHER IN THE PLACE WHERE THE PROPERTY WAS FOUND, MAIL A COPY OF THE RECEIPT OR VOUCHER, RETAINING PROOF OF MAILING, TO THE LAST KNOWN ADDRESS OF THE RESPONDENT AND, IF DIFFERENT, THE OWNER OF THE FIREARM, RIFLE OR SHOTGUN, AND FILE A COPY OF SUCH RECEIPT OR VOUCHER WITH THE COURT. ALL FIREARMS, RIFLES AND SHOTGUNS IN THE POSSESSION OF A LAW ENFORCEMENT OFFICIAL PURSUANT TO THIS ARTICLE SHALL BE SUBJECT TO THE PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL LAW; PROVIDED, HOWEVER, THAT ANY SUCH FIREARM, RIFLE OR SHOTGUN SHALL BE RETAINED AND NOT DISPOSED OF BY THE LAW ENFORCEMENT AGENCY FOR AT LEAST TWO YEARS UNLESS LEGALLY TRANSFERRED BY THE RESPONDENT TO AN INDIVIDUAL PERMITTED BY LAW TO OWN AND POSSESS SUCH FIREARM, RIFLE OR SHOTGUN.IF THE LOCATION TO BE SEARCHED DURING THE EXECUTION OF A TEMPORARY EXTREME RISK PROTECTION ORDER OR EXTREME RISK PROTECTION ORDER IS JOINTLY OCCUPIED BY TWO OR MORE PARTIES, AND A FIREARM, RIFLE OR SHOTGUN LOCATED DURING THE EXECUTION OF SUCH ORDER IS OWNED BY A PERSON OTHER THAN THE RESPONDENT, THE COURT MAY ALLOW RETURN OF SUCH FIREARM, RIFLE OR SHOTGUN IF IT IS DEMONSTRATED THAT THE FIREARM, RIFLE OR SHOTGUN WILL BE SAFELY STORED IN A MANNER CONSISTENT WITH SECTION 265.45 OF THE PENAL LAW, SO THAT THE RESPONDENT WILL NOT HAVE ACCESS TO OR CONTROL OF THE FIREARM, RIFLE OR SHOTGUN, AND THERE IS NO EVIDENCE OF UNLAWFUL POSSESSION OF THE FIREARM, RIFLE OR SHOTGUN BY THE OWNER.REQUEST FOR RENEWAL OF AN EXTREME RISK PROTECTION ORDER. IF A PETITIONER BELIEVES A PERSON SUBJECT TO AN EXTREME RISK PROTECTION ORDER CONTINUES TO BE LIKELY TO ENGAGE IN CONDUCT THAT WOULD RESULT IN SERIOUS HARM TO HIMSELF, HERSELF, OR OTHERS, AS DEFINED IN PARAGRAPH ONE OR TWO OF SUBDIVISION (A) OF SECTION 9.39 OF THE MENTAL HYGIENE LAW, SUCH PETITIONER MAY, AT ANY TIME WITHIN SIXTY DAYS PRIOR TO THE EXPIRATION OF SUCH EXISTING EXTREME RISK PROTECTION ORDER, INITIATE A REQUEST FOR A RENEWAL OF SUCH ORDER, SETTING FORTH THE FACTS AND CIRCUMSTANCES NECESSITATING THE REQUEST. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ADOPT FORMS THAT MAY BE USED FOR PURPOSES OF SUCH APPLICATIONS AND THE COURT'S CONSIDERATION OF SUCH APPLICATIONS. THE COURT MAY ISSUE A TEMPORARY EXTREME RISK PROTECTION ORDER IN ACCORDANCE WITH SECTION SIXTYTHREE HUNDRED FORTY-TWO OF THIS ARTICLE, DURING THE PERIOD THAT A REQUEST FOR RENEWAL OF AN EXTREME RISK PROTECTION ORDER IS UNDER CONSIDERATION PURSUANT TO THIS SECTION.A HEARING HELD PURSUANT TO THIS SECTION SHALL BE CONDUCTED IN THE SUPREME COURT, IN ACCORDANCE WITH SECTION SIXTY-THREE HUNDRED FORTYTHREE OF THIS ARTICLE, TO DETERMINE IF A REQUEST FOR RENEWAL OF THE ORDER SHALL BE GRANTED. THE RESPONDENT SHALL BE SERVED WITH WRITTEN NOTICE OF AN APPLICATION FOR RENEWAL A REASONABLE TIME BEFORE THE HEARING, AND SHALL BE AFFORDED AN OPPORTUNITY TO FULLY PARTICIPATE IN THE HEARING. THE COURT SHALL DIRECT SERVICE OF SUCH APPLICATION AND THE ACCOMPANYING PAPERS IN THE MANNER AND IN ACCORDANCE WITH THE PROTECTIONS FOR THE PETITIONER SET FORTH IN SUBDIVISION SIX OF SECTION SIXTY-THREE HUNDRED FORTY-TWO OF THIS ARTICLE.EXPIRATION OF AN EXTREME RISK PROTECTION ORDER. 1. A PROTECTION ORDER ISSUED PURSUANT TO THIS ARTICLE, AND ALL RECORDS OF ANY PROCEEDINGS CONDUCTED PURSUANT TO THIS ARTICLE, SHALL BE SEALED UPON EXPIRATION OF SUCH ORDER AND THE CLERK OF THE COURT WHEREIN SUCH PROCEEDINGS WERE CONDUCTED SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, THE HEADS OF ALL APPROPRIATE POLICE DEPARTMENTS, APPLICABLE LICENSING OFFICERS, AND ALL OTHER APPROPRIATE LAW ENFORCEMENT AGENCIES THAT THE ORDER HAS EXPIRED AND THAT THE RECORD OF SUCH PROTECTION ORDER SHALL BE SEALED AND NOT BE MADE AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE ENTITY, EXCEPT THAT SUCH RECORDS SHALL BE MADE AVAILABLE TO:(A) THE RESPONDENT OR THE RESPONDENT'S DESIGNATED AGENT;(B) COURTS IN THE UNIFIED COURT SYSTEM;(C) POLICE FORCES AND DEPARTMENTS HAVING RESPONSIBILITY FOR ENFORCEMENT OF THE GENERAL CRIMINAL LAWS OF THE STATE;(D) ANY STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE ISSUANCE OF LICENSES TO POSSESS A FIREARM, RIFLE OR SHOTGUN, WHEN THE RESPONDENT HAS MADE APPLICATION FOR SUCH A LICENSE; AND(E) ANY PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER AS THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, IN RELATION TO AN APPLICATION FOR EMPLOYMENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY PERSON WHO IS AN APPLICANT FOR THE POSITION OF POLICE OFFICER OR PEACE OFFICER SHALL BE FURNISHED WITH A COPY OF ALL RECORDS OBTAINED UNDER THIS SUBPARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERETO.UPON EXPIRATION OF A PROTECTION ORDER ISSUED PURSUANT TO THIS ARTICLE AND UPON WRITTEN APPLICATION OF THE RESPONDENT WHO IS THE SUBJECT OF SUCH ORDER, WITH NOTICE AND OPPORTUNITY TO BE HEARD TO THE PETITIONER AND EVERY LICENSING OFFICER RESPONSIBLE FOR ISSUANCE OF A FIREARM LICENSE TO THE SUBJECT OF THE ORDER PURSUANT TO ARTICLE FOUR HUNDRED OF THE PENAL LAW, AND UPON A WRITTEN FINDING THAT THERE IS NO LEGAL IMPEDIMENT TO THE RESPONDENT'S POSSESSION OF A SURRENDERED FIREARM, RIFLE OR SHOTGUN, THE COURT SHALL ORDER THE RETURN OF A FIREARM, RIFLE OR SHOTGUN NOT OTHERWISE DISPOSED OF IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION SIXTY-THREE HUNDRED FORTY-FOUR OF THIS ARTICLE. WHEN ISSUING SUCH ORDER IN CONNECTION WITH ANY FIREARM SUBJECT TO A LICENSE REQUIREMENT UNDER ARTICLE FOUR HUNDRED OF THE PENAL LAW, IF THE LICENSING OFFICER INFORMS THE COURT THAT HE OR SHE WILL SEEK TO REVOKE THE LICENSE, THE ORDER SHALL BE STAYED BY THE COURT UNTIL THE CONCLUSION OF ANY LICENSE REVOCATION PROCEEDING.EFFECT OF FINDINGS AND DETERMINATIONS IN SUBSEQUENT PROCEEDINGS. NOTWITHSTANDING ANY CONTRARY CLAIM BASED ON COMMON LAW OR A PROVISION OF ANY OTHER LAW, NO FINDING OR DETERMINATION MADE PURSUANT TO THIS ARTICLE SHALL BE INTERPRETED AS BINDING, OR HAVING COLLATERAL ESTOPPEL OR SIMILAR EFFECT, IN ANY OTHER ACTION OR PROCEEDING, OR WITH RESPECT TO ANY OTHER DETERMINATION OR FINDING, IN ANY COURT, FORUM OR ADMINISTRATIVE PROCEEDING.PARAGRAPH (B) OF SUBDIVISION 5 OF SECTION 530.14 OF THE CRIMINAL PROCEDURE LAW, AS ADDED BY CHAPTER 644 OF THE LAWS OF 1996, IS AMENDED TO READ AS FOLLOWS:THE PROMPT SURRENDER OF ONE OR MORE FIREARMS PURSUANT TO A COURT ORDER ISSUED PURSUANT TO THIS SECTION SHALL BE CONSIDERED A VOLUNTARY SURRENDER FOR PURPOSES OF SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 OF THE PENAL LAW. THE DISPOSITION OF ANY SUCH FIREARMS SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL LAW ; PROVIDED, HOWEVER, THAT UPON TERMINATION OF ANY SUSPENSION ORDER ISSUED PURSUANT TO THIS SECTION OR SECTION EIGHT HUNDRED FORTY-TWO-A OF THE FAMILY COURT ACT, UPON WRITTEN APPLICATION OF THE SUBJECT OF THE ORDER, WITH NOTICE AND OPPORTUNITY TO BE HEARD TO THE DISTRICT ATTORNEY, THE COUNTY ATTORNEY, THE PROTECTED PARTY, AND EVERY LICENSING OFFICER RESPONSIBLE FOR ISSUANCE OF A FIREARMS LICENSE TO THE SUBJECT OF THE ORDER PURSUANT TO ARTICLE FOUR HUNDRED OF THE PENAL LAW, AND UPON A WRITTEN FINDING THAT THERE IS NO LEGAL IMPEDIMENT TO THE SUBJECT'S POSSESSION OF A SURRENDERED FIREARM, RIFLE OR SHOTGUN, ANY COURT OF RECORD EXERCISING CRIMINAL JURISDICTION MAY ORDER THE RETURN OF A FIREARM, RIFLE OR SHOTGUN NOT OTHERWISE DISPOSED OF IN ACCORDANCE WITH SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL LAW. WHEN ISSUING SUCH ORDER IN CONNECTION WITH ANY FIREARM SUBJECT TO A LICENSE REQUIREMENT UNDER ARTICLE FOUR HUNDRED OF THE PENAL LAW, IF THE LICENSING OFFICER INFORMS THE COURT THAT HE OR SHE WILL SEEK TO REVOKE THE LICENSE, THE ORDER SHALL BE STAYED BY THE COURT UNTIL THE CONCLUSION OF ANY LICENSE REVOCATION PROCEEDING.________________________________________________________
- AN EXPLICATION OF AB 6994
A couple of observations are in order. First, this bill is not to be considered an adjunct of the Federal “Family Protection and Domestic Violence Intervention Act of 1994” even though a family member, pursuant to both AB 6994 and the Federal Act, may petition the Court for protection against another family member. Under both AB 6994, in the event it becomes law in New York, and, under the federal domestic violence statute, an individual, against whom a Court order is issued, will lose possession of firearms. That much is the same and is clear.In New York, revocation or suspension of firearms licenses, and concomitantly, loss of one’s firearms follows upon issuance of an order of protection. See, NY CLS CPL § 530.14. Second, the merits of statutes aimed at protecting individuals against violence notwithstanding, Americans are in danger of turning against each other as we become a Nation of undercover “shooflies,” constantly reporting on each other, turning family member against family member and turning the police against everyone.In their zeal to protect society from the misuse of firearms, antigun proponents attempt to negate the import of the Second Amendment altogether, leaving ever more people altogether defenseless against criminal assailants. No matter, as antigun groups would rather the Second Amendment did not exist at all. But, the codification of the fundamental right of the people to keep and bear arms does exist, and the constant whittling away of that right under the mask of promoting public safety is not lost on those of us who place the Nation’s well-being on the strength of the citizenry’s Bill of Rights.In reviewing AB 6994, there is a presumption in the bill that sufficient due process requirements are met. But are they? Police officers and district attorneys and family members may both file a petition for a “temporary extreme protection order.” Once filed, that petition takes effect immediately, namely, prior to an evidentiary hearing. The individual against whom the petition is issued immediately loses his or her firearms, as the police are authorized to secure those weapons at once. The respondent is informed of a hearing date to present his case, and the petitioner has the burden of showing that the threat posed by the respondent warrants issuance of a permanent extreme protection order. Disconcertingly, even before a hearing is held, the Court will notify the Federal Bureau of Investigation of the issuance of a temporary extreme protection order. That hardly accords with protecting the civil rights of an individual before he has had a chance to proffer evidence in his or her own defense that may warrant revocation of the temporary extreme protection order.As bad as this bill is, for Governor Cuomo, AB 6994, as written, doesn’t go far enough. He would include in the role of petitioners entitled to file for “temporary extreme protection orders,” classroom teachers, along with police officers, district attorneys, and family members. On June 5, 2018, wskg.org, in Albany New York, reported that:“Gov. Andrew Cuomo has proposed an expansion to his Extreme Risk Protection Order bill that would give teachers the power to go to court to prevent a student’s access to guns.Cuomo said the measure gives that power to teachers and school administrators who believe a student might use guns to be a danger to themselves or others.“If a teacher believes there is a troubled student who might be dangerous, that teacher has the legal authority to go to a judge directly,” Cuomo said.A judge could then determine whether the student needs a mental health exam, and whether the student’s or their family’s guns should be taken away.”The session is scheduled to end in a couple of weeks, and Cuomo concedes that he does not expect the measure to pass in the state Senate, which is gridlocked with 31 seats each in the Democratic and Republican factions.But Cuomo said he believes people in the state overwhelmingly support the measure and predicted that it will become an election issue in the fall.”It need hardly be said that teachers are not trained psychologists; nor are they police officers who deal with criminals on a daily basis; nor are they district attorneys, trained in the law; nor are they family members who have an intimate familial relationship with each other; and yet Governor Cuomo would bestow immense authority onto teachers to petition Courts directly against their students with whom they spend little time with. Of course, if teachers truly believe that a student poses a danger to self or others, the teacher may inform and should inform school officials. But, it is one thing for teachers to exercise authority to inform school officials of a possible danger posed by a particular student. It is quite another to grant to a teacher, on his or her own behalf, the power to file a petition with a court to secure a temporary extreme risk protection order. Imagine how this would play out, were a teacher permitted under law to secure such a protection order. Once such an extreme risk protection order issues, police officers would be empowered to go to the student’s home, and with court order in hand, the police would have the authority to secure the firearms belonging to the student’s parents, under the presumption that the student would otherwise be able to gain access to his or her parents’ firearms. The parent’s own firearm’s license would thereupon be suspended. If this scenario seems unlikely, keep in mind that Governor Cuomo hasn’t suggested any checks against such an occurrence. Bear in mind that in the few States that have enacted extreme risk protection laws, none have gone so far as to permit teachers to file such a petition. But, then, few individuals in any State have as far-reaching political ambitions as does Governor Andrew Cuomo, in preempting the citizen’s right to keep and bear arms as codified in the Second Amendment to the U.S. Constitution.We will have to wait and see how AB 6994 plays out in the months ahead and whether Governor Cuomo’s desire to expand AB 6994 results in further amendment prior to further action in Albany. But, we know full well Cuomo's antithesis toward the Second Amendment to the U.S. Constitution. As Governor of New York, Andrew Cuomo has frustrated the right of citizens of the State to exercise their fundamental right to keep and bear arms. That is bad enough; yet his power is constrained, limited to New York. But, Cuomo's ambitions extend well beyond that of Governor of a State. Cuomo has aspirations to become President of the United States in 2020. Were that to happen, the war he would wage against the Second Amendment would be far worse for Americans--the likes of which Americans have not yet seen--having a ripple effect throughout the Country._________________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.