THE GOVERNMENT CANNOT PROTECT YOU! YOU MUST PROTECT YOURSELF!

REMARKS OF ARBALEST QUARREL FOUNDER, STEPHEN L'DANRILLI, ON STEPHEN HALBROOK ARTICLE PUBLISHED IN AUGUST 2020 NRA PUBLICATION, AMERICA'S 1ST FREEDOM

As a NYPD veteran police officer, and Adjunct Professor/Lecturer of Police Science at John Jay College of Criminal Justice, National Rifle Association Certified Firearms Instructor (pistol, rifle, and shotgun), and Training Counselor, and active member of the International Association of Law Enforcement Firearms Instructors, and lifetime resident of New York City, I have dedicated my life to the preservation and strengthening of our cherished Second Amendment. This is no easy task, especially today, as we see constant, concerted, vigorous attacks on the fundamental right of personal defense with firearms.So, it was with more than a little interest I read Stephen Halbrook’s article, “How Does New York City Get Away With This,” published in the August 2020 edition of NRA’s publication, “America’s 1^st Freedom.”Stephen Halbrook is a Second Amendment Constitutional law expert and a prolific writer and author who has argued and won several important Second Amendment cases before the U.S. Supreme Court.In his article he provides a brief history of restrictive handgun licensing in New York City. He correctly observes that “[i]t all started with the Sullivan Act of 1911, the first law in any state (other than the slave codes) to require a license for mere possession of a pistol even in the home.” Toward the end of the article, he makes the point that:“Nothing has changed since 1911 when [an Italian-American] Mario Rossi carried a pistol for protection against the Black Hand, for which he was sentenced to a year in prison.” It is of course disturbingly, depressingly, frustratingly true that, indeed, nothing has changed in New York City since 1911, insofar as the City continues to require a valid license to lawfully possess a handgun.Still, in a few important respects, much has changed, and for the worse, since enactment of the unconscionable and unconstitutional Sullivan Act.In the 109 years since handgun licensing began, New York City’s laws have become more extensive, more oppressive and repressive, and confoundingly difficult to understand. These laws are a labyrinthine maze of ambiguity and vagueness, and they are singularly bizarre.Unlike many other States that wisely preempt the field of gun regulation, as failure to do so invariably promotes and leads to confusion and inconsistencies across a State, the York State Government, in Albany, has not preempted the field. The New York Legislature gives local governments wide discretion in establishing their own firearms rules as long as local government enactments don’t conflict with basic State law mandates.Albany traditionally allows, and even encourages, local governments to devise their own, often numerous and extremely stringent, firearms rules. New York City has done so, and with glee, devising an extraordinarily complex and confusing array of rules directed to the ownership and possession of all firearms: rifles, shotguns, and handguns.New York State law, NY CLS Penal § 400.00 (1) sets forth the basic handgun licensing scheme, applicable to all New York jurisdictions, making clear that possession of handguns falls within the province of the police and that,“No license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true.” NY CLS Penal § 400.00 (3)(a) provides that,“Applications shall be made and renewed, in the case of a license to carry or possess a pistol or revolver, to the licensing officer in the city or county, as the case may be, where the applicant resides, is principally employed or has his or her principal place of business as merchant or storekeeper.”New York City builds upon State Statute, establishing a mind-numbing set of tiers of handgun licensing, mandating the extent to which New York residents may exercise the privilege, not the right, to possess a handgun for self-defense.The Rules of the City of New York, specifically 38 RCNY 5-01, has established, at the moment, at least, no less than 6 different categories of handgun licenses:

Premises License—Residence or Business
Carry Business License
Limited Carry Business License
Carry Guard License/Gun Custodian License
Special Carry Business License
Special Carry Guard License/Gun Custodian License

New York City’s tiered handgun licensing scheme is not only inconsistent with the Second Amendment, but it also promotes unlawful discrimination under the Due Process and Equal Protection clauses of the Fourteenth Amendment and invites both abuse by and corruption in the City’s Licensing Division. In fact, the City’s insufferable and puzzling handgun licensing scheme is, from a purely logical standpoint, apart from a legal standpoint, internally inconsistent and incoherent.Premise residence and business handgun licenses place considerable restraints on a licensee’s right of self-defense. Unrestricted handgun carry licenses, on the other hand, are issued only to a select few people who satisfy arbitrary “proper cause,” requirements. Of course, powerful, wealthy, politically-connected “elites” are exceptions, routinely obtaining rare and coveted unrestricted handgun carry licenses, unavailable to the average citizen, residing in the City.And criminals don’t obey handgun licensing rules or any other State law or City code, rule, or regulation pertaining to firearms. So they don’t care what the laws say. And this hasn’t changed.But it is deeply troubling, indeed mind-boggling, to believe New York City’s harsh, brutal, even despotic handgun licensing scheme continues to escape Constitutional scrutiny, a point Stephen Halbrook makes at the outset of his August 2020 NRA article, when he says,“‘Under New York law, it is a crime to possess a firearm’, held the U.S. Court of Appeals for the Second Circuit in U.S. vs. Sanchez-Villar (2004). This ruling was based on the state’s ban on the possession of an unlicensed handgun. This prohibition did not offend the Second Amendment, said this ruling, because ‘the right to possess a gun is clearly not a fundamental right.’ Later rulings by the U.S. Supreme Court—D.C v. Heller (2008) and McDonald v. Chicago (2010—begged to differ. . . . But the Second Circuit must not have gotten the memo. . . .”Stephen Halbrook makes clear that the New York licensing scheme is unlawful on its face because the very concept of licensing is grounded on the erroneous idea that gun possession is a privilege and not a fundamental right, a notion that is completely at odds with the Second Amendment and with High Court rulings. And I agree with Stephen Halbrook’s assessment.The Arbalest Quarrel has pointed out the Constitutional flaws inherent in gun licensing schemes over and over again, through the years, commencing with our first series of articles on Governor Andrew Cuomo’s draconian and inane New York Safe Act of 2013.We called the Governor out on New York’s unconstitutional licensing scheme. See, e.g., our April 30, 2014 article where we concluded with this: “To suffer bad law is unfortunate. But, forced submission to State law that infringes a fundamental right is sinful.” New York City residents have been forced to submit to unconstitutional firearms laws since 1911. New York’s gun control laws were and continue to be enacted to disarm the honest citizen and to discourage personal self-defense.If a person insists on possessing a handgun for self-defense, New York insists on one’s first obtaining permission from the police department to do so, through the acquisition of a license, issued by the police.Yet, the imposition of stringent handgun license requirements is inconsistent with the import of the fundamental right to keep and bear arms as codified in the Second Amendment to the U.S. Constitution.Redress is necessary. It’s about time.Still, Anti-Second Amendment proponents and zealots interject that every State requires that a motorist obtain an operator’s license to lawfully operate a motor vehicle on public streets, and they ask, “why should gun possession be any different?” But in posing the question, these Anti-Second Amendment activists demonstrate an intention to reduce the fundamental right of the people to keep and bear arms to the status of mere privilege, which, in fact, is what a motorist’s license is; merely a privilege to drive an automobile on public roadways. It is logically and legally wrong to view and to treat a fundamental right as a mere privilege.New York attempts to skirt addressing the inherent unconstitutionality of the entire firearms’ licensing scheme through pompous, imbecilic assurances that a person doesn’t need a handgun to defend him or herself because Government, protects a person. That is patently false and, in any event, it is wholly beside the point, as the Arbalest Quarrel made clear in an article posted on our site on November 21, 2019. That article was reprinted in Ammoland Shooting Sports News on November 26, 2019, although in a different format with some editing.As we said, under the ‘doctrine of sovereign immunity’ the police are not, as a general rule, legally obligated to protect and guarantee the life and safety of any individual, and they cannot be held legally liable for failing to do so. Courts have routinely so held, including New York Courts. But many Americans fail to realize this because the seditious Press and politicians routinely lie to them.The purpose of a community police department is to protect the society-at-large, nothing more. I had pointed this out 30 years ago, in an article I co-authored with Second Amendment scholar, David Kopel. And that basic doctrine has not changed since.But, very recently, something has changed and drastically.Radical Left State and local governments are no longer even allowing their police departments to provide a modicum of protection for their community. This follows from the unrestrained actions and antics of volatile Marxist and Anarchist groups whom they kowtow to. They have called for the defunding of and disbanding of community police departments across the Country and some jurisdictions have done so. In New York City the Radical Left Mayor, Bill de Blasio, has slashed $1 Billion from the NYPD budget. This comes at a critical time when soaring crime and daily riots demand more funding for police, not less.This is a major change because the average American can, now, no longer depend on the police to provide even general protection to the community.It must be noted, too, that there are attempts by Marxists and Anarchists to rewrite the laws on sovereign immunity, to hold police accountable for harming citizens. But this is not for the purpose of securing more police protection and for making the police more accountable to the law-abiding public at large.To the contrary, the purpose of overturning police sovereign immunity rulings is to provide the public with less protection and, at once, to allow lawless rioters, looters, arsonists, and assailants to engage in attacks on the police and on innocent people without having to fear justifiable retribution for their lawless acts.So, in some ways, matters have changed. Radical Left Governments are leaving communities less safe by preventing the police from promoting law and order, and they are even prevented from protecting themselves as lawlessness occurs all around them, rendering them powerless to engage lawbreakers.The public sees the disturbing results: demoralized officers and less safe communities as police are not permitted to provide communities with even a modicum of safety. This obviously is not for the better.Moreover, even as Radical Left Government leaders restrain and constrain the police, they continue to resist recognition of the fundamental, unalienable right of the people to keep and bear arms for their own defense. These Marxist leaders demonstrate their contempt for the very sanctity of human life, even as they claim disingenuously to care about human life. They don’t care and they never did. Theirs is a recipe for disaster: for a complete breakdown of law and order in society.But a breakdown of society is precisely what these Radical Left Governments want. They wish to tear down the Nation, so they can reconfigure it in a manner completely at odds with the preservation of the free Constitutional Republic our founders gave us.Yet, despite the intentions of the Radical Left Collectivists, they can’t subvert the dictates of natural law. Natural law dictates that the right and responsibility of self-defense rests today, as it always did, on the individual.Americans must not listen to the seditious Press and duplicitous politicians who claim that defunding or eliminating the police is necessary and, who claim, at one and the same time, the necessity for curbing the personal right of armed self-defense as well; that taking these actions will improve society. That is not only false, it is absurd. The seditious Press and Radical Left politicians don’t have, and never did have, the best interests of the Nation or its people at heart. This is now transparent and, given the present state of affairs afflicting our Country, this fact is irrefutable.Although I have always been a staunch supporter of the Second Amendment, I never advocated that everyone should get a gun. I did support and continue to support freedom of choice in owning and possessing firearms. But now, it is time for every law-abiding American citizen to be armed. Learn how to properly use a gun and how to safeguard it.Our Country is at a crossroads. We stand to lose everything near and dear to us if we don’t pay to heed to the threats directed against us, bearing down relentlessly on all of us.It is the responsibility of all citizens to safeguard their own life and safety and that of their families, and to preserve our Republic as the founders intended; to protect it from the insinuation of tyranny that the Radical Left would dare impose on Americans.Stephen L. D'Andrilli________________________________________Copyright © 2020 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

5/5/19 5/5/19

THE RADICAL LEFT AGENDA’S FIRST ORDER OF BUSINESS: DISARM THE PUBLIC

PART FOUR

THE PURVEYORS OF COLLECTIVE GUILT: ANDREW CUOMO AND ERIC SWALWELL

“False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes. Can it be supposed that those who have the courage to violate the most sacred laws of humanity, the most important of the code, will respect the less important and arbitrary ones, which can be violated with ease and impunity, and which, if strictly obeyed, would put an end to personal liberty. . . . and subject innocent persons to all the vexations that the guilty alone ought to suffer? Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man. They ought to be designated as laws not preventive but fearful of crimes, produced by the tumultuous impression of a few isolated facts, and not by thoughtful consideration of the inconveniences and advantages of a universal decree.” ~ From the essay, “Of Crimes and Punishments,” by Cesare Bonesana di Beccaria, Marquis of Gualdrasco and Villareggio (born March 15, 1738 – died November 28, 1794); Italian criminologist, jurist, philosopher, and politician; widely considered as the most talented jurist and one of the greatest thinkers of the Age of Enlightenment. What the jurist, Cesare Bonesana di Beccaria, pointed out most eloquently in the Eighteenth Century, concerning the disarming of the civilian population, is no less true today. Yet, radical Left politicians, in the Twenty-first Century are spouting the same inane remarks about firearms’ ownership that antigun politicians evidently spouted in the Eighteenth Century, which, then, would account for Beccaria’s essay, and, tacitly, for Beccaria’s scathing rebuke of them. And, what are those absurd remarks that antigun politicians, and antigun advocates, and zealots crow endlessly, mindlessly about? It all boils down to this:In order to enhance public safety, it is necessary to confiscate firearms. This is done for your [the public’s] own good. Gun violence will be curtailed, once confiscation of guns has been accomplished. Fewer guns means less crime. And, if you do not surrender your firearms, we will make an example of you—all for the public good, of course!Antigun politicians evidently recited words to that effect in Eighteenth Century Europe, just as they do today—thus, Beccaria’s strong rebuke. But, whether any of the antigun politicians and antigun zealots of the Eighteenth Century, as with their counterparts today, truly believed in their own imbecilic remarks, that is debatable. But, what isn’t debatable, today at least, is that antigun politicians intend to harass law-abiding gun owners to the point that most of us—as these antigun politicians and zealots undoubtedly hope—will relent, and surrender, albeit reluctantly, our firearms to Government authorities.Of course the criminal element, ever disdainful of laws--then, in the Eighteenth Century, as Beccaria points out, and in any other period of history, up to the present time--will continue merrily along to obtain their firearms with relative ease. Law breakers such as criminals and lunatics and other assorted flotsam and jetsam in America, today, obtain all or virtually all the firearms they utilize to commit acts of violence, through unlawful means: namely, on the black market, or through theft, or through deceit. Should that come as a surprise to anyone? And there will, of course, be no concomitant decrease in gun violence in the U.S. through mass confiscation of firearms from the law-abiding citizenry. But, then, gun confiscation to reduce crime isn’t really the radical Left’s reason to confiscate firearms from the civilian population of this Country, anyway. It never was. That is mere pretext. It plays well in the Press. The goal of the radical Left here is, and always has been, population control, not gun control. it is the tens of millions of law-abiding gun owners that is of paramount concern to the radical Left in this Country, and not the criminal element, the gang-banger, or the lunatic. A bloated overbearing, overarching power hungry Government and an armed, wary citizenry would make for strange bedfellows, indeed. Is it any wonder, then, that the radical Left's gun policies are directed predominately to the eradication of gun ownership and possession existent among the tens of millions of law-abiding citizens, and that less attention is directed to and less time is devoted to the criminal element and lunatic that present laws dictate should never possess firearms? Why aren't the myriad number of Federal and State gun laws and the myriad municipal gun codes, regulations, and ordinances already on the books, not adequately enforced? Does the radical Left truly believe that denying the average, law-abiding citizen his fundamental right to keep and bear arms obviate misuse of firearms by those who are not permitted to have firearms in the first place? Not Likely. It is the tens of millions of law-abiding citizens whom the radical Left is determined to rein in, as the noose tightens over every other elemental natural right, as well; and, inversely, Governmental control over all thought and action grows and at an accelerated pace.A perfect case study of this point, and ongoing at this very moment, is the situation presently playing out in Venezuela, under the Madura Socialist Dictatorship. A reporter for the Washington Examiner, Claude Thompson, poignantly pointed out, on April 30, 2019:"Videos emerging from Venezuela Tuesday show anti-Nicolás Maduro protesters being reportedly shot at and run over by military members while civilians are unable to use conventional weapons to defend themselves following a private gun ownership ban in 2012.Videos circulating on social media show an unidentified helicopter reportedly shooting at protesters and armored military vehicles running over groups of citizens protesting the continuing reign of Maduro, who refuses to yield control of the country to Juan Guaidó, who multiple countries, including the United States, recognize as the legitimate president of the country."Are the scenes coming out of Venezuela, in recent days, a foreshadowing of what we can expect with the installation of a Socialist Dictatorship in our Country? That can very well happen if the Collectivists in our Nation come to power. They will begin the dismantling of our Free Republic by instituting a massive gun confiscation program. That will be the radical Left's first order of business.We know that the radical Left--these followers of the tenets of Collectivism--disdain the very idea of fundamental rights, as natural rights, preexistent in the individual—rights bestowed on each American citizen by Divine Grace rather than by grace of Government.After all, the very existence of an armed citizenry galls the radical Left—the Collectivists—who are intent on creating an omnipotent, omnipresent central Government, a Government that isn’t answerable to its citizenry. The founders of our Nation would be appalled. But, then, the Collectivists don’t give a damn about what the founders thought, or would think, about the Collectivist agenda.The Collectivists envision a new world order, where sovereign, independent Western Nation States, including the United States, will cease to exist. The Collectivists envision the erection of a new political, social, cultural, economic, financial, and legal system of governance; one where edicts emanate from the European Union’s Executive arm, the European Commission, whose headquarters is in Brussels, the Capital region of Belgium.Recall the Globalist President Barack Obama’s address to the European Union, delivered in Hannover Germany, on April 25, 2018. In pertinent part Obama said,“And this is what I want to talk to you about today—the future that we are building together—not separately, but together. And that starts right here in Europe.” Was Obama’s remark mere pleasantry, or was it something more; a portentous foreshadowing of something sinister; something ominous in store for Americans: heralding the dismantling of our institutions, the destruction of our Free Republic, the loss of sovereignty; the subordination of the United States to a foreign power; the subjugation of a free people, the abrogation of our Constitution; the rescission of our Nation’s fundamental, unalienable, sacred and inviolate rights and liberties?But whether these Collectivists know it or not, their vision will lead to Armageddon. Our citizenry will not bow easily to subjugation. They did not do so in the 1700s, as the British Empire learned well. And they will not do so now. If the Collectivists seek to thrust their vision on Americans by force of arms, they will be met with force of arms. If the Collectivists seek to thrust their vision of America on the citizenry through subterfuge, they should know that Americans are not easily duped and the Collectivists' efforts will be severely repulsed.It is absolutely galling to hear people like Governor Andrew Cuomo and Representative Eric Swalwell, sanctimoniously bellowing, by turns both belligerent and flippant, for ever more restrictions on the sacred right of the people to keep and bear arms. Indeed, Cuomo and Swalwell, like other radical Leftists in our midst, are no longer maintaining the pretense that the right of the people to keep and bear arms is worth securing at all.While some remarks still invoke the notion that fewer guns means less crime—regardless of the fact that it is not the number of guns in circulation but whom it is that has access to them that is the salient factor —antigun politicians, such as Cuomo and Swalwell, no longer really pretend that gun confiscation will translate into less crime. It is, rather, the tacit implication of their message—namely that guns signify something bad in and of themselves and, so, no one, aside from the police and military should have access to them—that is the real message blared out, behind the banter of gun violence, that they seek to convey to the public.So it is that Cuomo and Swalwell, and other radical Leftists—using the pretext of gun violence, perpetrated by the occasional maniac, lunatic, criminal, and gang-banger—denigrate tens of millions of average, rational, law-abiding American gun owners who do continue to cherish their sacred right to keep and bear arms and who do not take lightly nor kindly to the attack on both them and on their responsibly owned and possessed firearms.It has become patently clear that Cuomo and Swalwell place the law-abiding gun owner in the same camp as psychopathic criminals and the maniacs who happen to use firearms to commit violence. Cuomo and Swalwell dare impose collective guilt on all gun owners despite the fact that it is only a few—the lowest common denominator in society—that is responsible for gun violence. That becomes evident through both the words they utter and through the policies they endorse, which they seek to translate into law.Cuomo and Swalwell remain unperturbed at the outlandishness of their remarks and of their policy goals. They continue to castigate, taunt, and deride gun owners mercilessly—people like you and me who seek merely to exercise our God-given right—YES, GOD-GIVEN RIGHT—to keep and bear arms.______________________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.