WHAT EXPLAINS NEW YORK GOVERNOR KATHY HOCHUL’S HOSTILITY TOWARD THE BRUEN DECISION ON CONCEALED CARRY AND HER BELLIGERANCE TOWARD THE U.S. SUPREME COURT?

MULTIPART ESSAY SERIES ON POST-BRUEN CASE ANALYSIS

POST-BRUEN—WHAT IT ALL MEANS AND WHAT ITS IMPACT IS BOTH FOR THOSE WHO SUPPORT AND CHERISH THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO DO NOT; THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY DESTROY THE EXERCISE OF THE RIGHT AND THOSE WHO SEEK TO PRESERVE AND STRENGTHEN THE RIGHT BOTH FOR THEMSELVES AND THEIR DESCENDANTS

PART TWENTY-SIX

QUOTATION FROM NEW YORK GOVERNOR KATHY HOCHUL’S OFFICIAL WEBSITE

“This is not about the Second Amendment, the Founding Fathers' murky protection of firearms. It's no more absolute than the First Amendment is. Rights have limits; they may be indistinct and subject to interpretation, but they exist, regardless of the braying of absolutists.What this is about is priorities: public safety vs. the right to own any kind of weapon; children's lives vs. the right to carry firearms designed for mass murder. In New York, there is a willingness to take facts into account, while in Texas, the compulsion, apparently irresistible, is to ignore such facts no matter how much blood is spilled or how young the victims.” From a Buffalo News editorial, reposted on Governor Hochul’s Official Website, on May 24, 2022, reflecting where the Governor’s sympathies, rest, apropos of the Second Amendment to the U.S. Constitution. Note: this editorial appeared one month prior to publication of the U.S. Supreme Court decision in N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022)and conceivably in anticipation of it: Hochul’s opening salvo directed against the High Court, taunting the Court and ridiculing, in insulting language, those Americans who support the exercise of the natural law right to armed self-defense.

WHAT EXPLAINS NEW YORK GOVERNOR KATHY HOCHUL’S HOSTILITY TOWARD THE BRUEN DECISION ON CONCEALED CARRY AND HER BELLIGERANCE TOWARD THE U.S. SUPREME COURT?

NEW YORK: THE STANDARD-BEARER FOR THOSE FORCES INTENT ON DESTROYING THE NATURAL LAW RIGHT TO ARMED SELF-DEFENSE CODIFIED IN THE SECOND AMENDMENT TO THE U.S. CONSTITUTION

To say the Bruen rulings directed primarily to New York’s Handgun Law were not to Hochul’s liking, nor to the liking of her friends in the State Legislature in Albany, is an understatement.Hochul was apoplectic with rage—or perhaps not. And, if not, she must, at least, appear so: feigning all sorts of righteous indignation during her Press conferences or when distributing her official Press Releases.Hochul had expected an adverse decision from the High Court, surely, and was undoubtedly prepared for it, but she had to set the stage for what would come after, the imposition of a new set of highly restrictive handgun licensing measures, building on all that came before.Those amendments were already written—the Legislature must have drafted the amendments well in advance of the publication of the Bruen decision, given the breadth of detail in them and the scale of them—well before the Bruen rulings came down. They only needed to be finalized.To that end, Hochul’s temper tantrum directed to the Court upon publication of Bruen was obviously meant to pave the way for legislation designed to cohere with related contemporaneous Anti-Second Amendment legislation, apart from, but complementing, the “Concealed Carry Improvement Act” (CCIA) and operating seamlessly with it.The Press Release, dated June 6, 2022, on the Governor’s website, sports the headline: “Governor Hochul Signs Landmark Legislative Package to Strengthen Gun Laws and Protect New Yorkers.” The “Ten-Bill Package” includes:“Legislation S.9458/A.10503 Bars Purchase of Semiautomatic Rifles by Anyone Under Age 21 by Requiring a LicenseLegislation S.9407-B/A.10497 Prohibits Purchase of Body Armor with Exception of Those in Specified ProfessionsLegislation S.9113-A./A.10502 Expands List of People Who Can File Extreme Risk Protection Orders and Requires Law Enforcement to File ERPOs Under Specified Set of CircumstancesPackage Also Strengthens Crime Reporting; Closes ‘Other Gun’ Loophole; Requires Microstamping of New Semiautomatic Pistols; Eliminates Grandfathering of High-Capacity Feeding Devices; Requires Social Media Companies to Improve Response to and Reporting of Hateful Content.”Approximately one month later, on July 1, 2022, scarcely one week after the publication of the Bruen decision, i.e., on June 23, 2022, and again, on the Governor’s official website, and, under the bold, brash, impertinent headline, “Governor Hochul Signs Landmark Legislation to Strengthen Gun Laws and Bolster Restrictions on Concealed Carry Weapons in Response to Reckless Supreme Court Decision,” Hochul lays out a series of amendments to the Handgun Law itself, ostensibly responding to the Bruen rulings:“Legislation (S.51001/A.41001) Restricts the Carrying of Concealed Weapons in List of Sensitive LocationsInstitutes a Default of No Concealed Carry on Private Property and Businesses Unless Deemed Permissible by Property OwnersEstablishes New Eligibility Requirements and Expands Disqualifying Criteria for Those Seeking Concealed Carry PermitsEnhances Safe Storage Requirements, Extends Requirements to VehiclesRequires Backgrounds Checks for All Ammunition PurchasesAmends Body Armor Purchase Ban to Include Hard Body Armor Used by Suspect in Buffalo Shooting.”Again, given the depth and breadth of these amendments to New York’s Handgun Law, this new package of amendments, “The Concealed Carry Improvement Act” MUST HAVE BEEN DRAFTED WELL IN ADVANCE OF PUBLICATION OF THE COURT’S OPINION IN BRUEN.At most, the Hochul Administration and Albany had merely to tidy up some of the provisions in the CCIA—perhaps striking the words, ‘PROPER CAUSE,’ from the Handgun Law if the High Court were to demand that much from Kathy Hochul’s Government—which Governor Hochul and Albany did. And that assumes, of course, that Hochul didn’t receive an advance copy of the decision from leakers at the Court. Hochul was probably kept apprised about what to expect from Bruen (probably from the same people on the Court that illegally released a draft of the Dobbs decision).On the matter of “PROPER CAUSE,” the Court ruled that, since the words were tied inextricably to the requirement that the applicant for a concealed handgun carry license must demonstrate “EXTRAORDINARY NEED” to carry, apart from and above basic self-defense, when in the public domain, the New York Handgun Law, apropos of concealed carry, was inherently illegal and unconstitutional.This was a mere annoyance. The Hochul Government could dispense with it and concoct ways around it, making the Handgun Law no less severe than before Bruen. Kathy Hochul didn’t try to hide that from the Press or from the Court.After all, Hochul used the phrase in one of her Press Releases, “LANDMARK LEGISLATIVE PACKAGE TO STRENGTHEN GUN LAWS.” See supra. And she rationalized that message of defiance directed at the Court, by adding that her Government had designed these amendments “TO PROTECT NEW YORKERS.”Did Hochul presume the High Court did not wish to protect New Yorkers? The phrase is not only troubling but also insulting. Yet it plays into a running narrative that MORE GUNS ON THE STREET EQUALS MORE CRIME ON THE STREETS—A platitude held by Progressives, but false.How many average, responsible, rational, law-abiding gun owners have turned to crime, and further, how much of this presumed bad seed committed a crime with a gun? Hardly or nary a one, notwithstanding there are millions of Americans who lawfully carry a handgun for self-defense. See the article on Gun Facts.By striking ‘PROPER CAUSE’ from New York’s Handgun Law, and then repurposing the “GOOD MORAL CHARACTER” requirement along with a host of other ludicrous Anti-Second Amendment laws, the Government could and has accomplished much the same thing: DISCOURAGING AND FRUSTRATING, CONFOUNDING APPLICANTS WHO SEEK A NEW YORK CONCEALED HANDGUN CARRY LICENSE.The Hochul Government had scripted its entire response to Bruen. It would be ready to play out with the official publication of the case. And, on the very day, it was published and through successive days and weeks, Hochul would never miss a beat. She would constantly harangue and berate both the rulings of the Court and, unforgivably, the Justices themselves.The Hochul Government would make the High Court out to be the Antagonist in a play, and the State, with the Government, as Protagonist Hero.Hochul would present herself as the Defender of New York residents, desiring only to protect and serve the residents of New York against an uncaring U.S. Supreme Court.How incredibly presumptuous of Hochul and those behind the scenes, in her Administration, and in Albany, working on her behalf to make the High Court into an Evildoer and “Fall Guy.”Once the U.S. Supreme Court came down with the Bruen decision on June 23, 2022, New York Governor Kathy Hochul went to work, wasting no time in publicly slamming both the Court and its decision.But would the public buy it? Could the public be so easily manipulated? Some obviously would, most, from her perspective, hopefully. Hochul knew that, in her messaging, she was addressing not merely New York, but the Country at large, and the Biden Administration, and many in Congress too, her compatriots.But to say her words and conduct toward the Court are disrespectful and that her response to the Bruen rulings amounts to evasion, not compliance, is to trivialize the seriousness of the actions of this Governor.Necessary as it was to set the groundwork for defiance of the High Court, Hochul was playing a dangerous game. She could not do this unless she felt she could rely on powerful interests both seen and unseen that would have her back on this.For, the Governor’s actions border on contempt of Court, and all the worse was it that she would vent with unrestrained, unconscionable fury against the Highest Court of the Land; railing against a Court exercising its own proper, legitimate Article III authority under the U.S. Constitution, to interpret the meaning of the Bill of Rights which was and is within the Court’s prerogative, alone, not that of Congress, nor that of the President, nor that of the Executive or Legislative components of State Governments.Hochul didn’t care, and she didn’t mince words. She called the Court’s rulings not only “reckless” but “reprehensible.” See the article in Spectrum Local News.The word, ‘RECKLESS’ means ‘THOUGHTLESS.’The word, ‘REPREHENSIBLE’ means ‘DISGRACEFUL.’In other words, Kathy Hochul tells the Court that it is worthy of her contempt toward it and she would not abide by the Court’s rulings. At most, she would give lip service to it. And that is what both she and Albany did.Upon the conclusion of the oral argument, on November 3, 2021, in the third landmark Second Amendment case, NYSRPA vs. Bruen, the New York State Government, under Governor Kathy Hochul, wasted no time in concocting a scheme to waylay the rulings that they knew were coming down the pike. And as a precursor to that she stated in no uncertain terms, in her Press Briefings—clearly directed to the Court—what she intended to do, castigating the Court for daring to involve itself in New York law.The amendments to the State’s Handgun Law (referred to, as a package, as the “Concealed Carry Improvement Act” (CCIA)), are the visible manifestation of the disdain she displayed toward the Court, in her Press Releases.On July 1, 2022, about one month after signing the CCIA into law, Governor Hochul, in a provocative move proclaimed the New York Government would not abide by the U.S. Supreme Court rulings in Bruen, and in fact would defy the Court, continuing the process laid down by her predecessors of eradicating exercise of the right to armed self-defense in New York.The Headline of her Press Release, posted on the Governor’s official website, on that date, set forth in bold San Serif typeface, proclaimed:“Governor Hochul Signs Landmark Legislation to Strengthen Gun Laws and Bolster Restrictions on Concealed Carry Weapons in Response to Reckless Supreme Court Decision.”Hochul’s defiance and contemptuous attitude toward the High Court could not have been on more audacious display. The CCIA exemplifies her brashness and brazenness.These are the highlights of the CCIA that appear on her website that she has reiterated during the period of time since the publication of the case as challenges to the CCIA were filed immediately.“Legislation (S.51001/A.41001) Restricts the Carrying of Concealed Weapons in List of Sensitive LocationsInstitutes a Default of No Concealed Carry on Private Property and Businesses Unless Deemed Permissible by Property OwnersEstablishes New Eligibility Requirements and Expands Disqualifying Criteria for Those Seeking Concealed Carry PermitsEnhances Safe Storage Requirements, Extends Requirements to VehiclesRequires Backgrounds Checks for All Ammunition PurchasesAmends Body Armor Purchase Ban to Include Hard Body Armor Used by Suspect in Buffalo Shooting”Anticipating the Hochul Government might attempt to turn broad swaths of the State, especially, Manhattan Island, into a massive Gun-Free zone, and to forestall that, Associate Justice Clarence Thomas, writing for the Majority in Bruen, opined:“Although we have no occasion to comprehensively define ‘sensitive places’ in this case, we do think respondents err in their attempt to characterize New York’s proper-cause requirement as a ‘sensitive-place’ law. In their view, ‘sensitive places’ where the government may lawfully disarm law-abiding citizens include all ‘places where people typically congregate and where law-enforcement and other public-safety professionals are presumptively available.’ It is true that people sometimes congregate in ‘sensitive places,’ and it is likewise true that law enforcement professionals are usually presumptively available in those locations. But expanding the category of ‘sensitive places’ simply to all places of public congregation that are not isolated from law enforcement defines the category of ‘sensitive places. far too broadly. Respondents’ argument would in effect exempt cities from the Second Amendment and would eviscerate the general right to publicly carry arms for self-defense that we discuss in detail below. . . . Put simply, there is no historical basis for New York to effectively declare the island of Manhattan a ‘sensitive place’ simply because it is crowded and protected generally by the New York City Police Department.” [Case Documentation omitted]What did Hochul do? She and Albany concocted an elaborate nightmare of new requirements for those individuals applying for a concealed handgun carry license under the CCIA.And, notwithstanding, the High Court’s warning to the Hochul Government, the Governor, and Albany proceeded to transform much of New York into a massive “SENSITIVE PLACE” Jurisdiction anyway—in direct defiance of the High Court’s warning.Manhattan Island, which Justice Thomas specifically warned the Government about, would become a huge “SENSITIVE PLACE” restricted zone anyway.The Government had spent substantial time on this, transforming the State into a confusing patchwork quilt of SENSITIVE LOCATIONS.Most curiously, the very words, SENSITIVE PLACE,’ never before appeared in the Handgun Law prior to Bruen. That would change.Here the New York Government was deliberately using that phrase to antagonize the Court, making the ‘SENSITIVE PLACE’ prohibition a major fixture of the “CONCEALED CARRY IMPROVEMENT ACT.”Were Kathy Hochul and Albany taunting the Court by choosing to utilize the very terminology the Court had expressed concern over but had not ruled explicitly against using?Prior to the effective date of September 1, 2022, the date when the CCIA took effect, there was no mention of ‘Sensitive Place’ in Section 19 of the amended Handgun Law (NY CLS Penal § 400.00 (19)), which reads:“Prior to the issuance or renewal of a license under paragraph (f) of subdivision two of this section, issued or renewed on or after the effective date of this subdivision, an applicant shall complete an in-person live firearms safety course conducted by a duly authorized instructor with curriculum approved by the division of criminal justice services and the superintendent of state police, and meeting the following requirements: (a) a minimum of sixteen hours of in-person live curriculum approved by the division of criminal justice services and the superintendent of state police, conducted by a duly authorized instructor approved by the division of criminal justice services, and shall include but not be limited to the following topics: (i) general firearm safety; (ii) safe storage requirements and general secure storage best practices; (iii) state and federal gun laws; (iv) situational awareness; (v) conflict de-escalation; (vi) best practices when encountering law enforcement; (vii) the statutorily defined sensitive places in subdivision two of section 265.01-e of this chapter and the restrictions on possession on restricted places under section 265.01-d of this chapter; (viii) conflict management; (ix) use of deadly force; (x) suicide prevention; and (xi) the basic principles of marksmanship; and (b) a minimum of two hours of a live-fire range training course. The applicant shall be required to demonstrate proficiency by scoring a minimum of eighty percent correct answers on a written test for the curriculum under paragraph (a) of this subdivision and the proficiency level determined by the rules and regulations promulgated by the division of criminal justice services and the superintendent of state police for the live-fire range training under paragraph (b) of this subdivision. Upon demonstration of such proficiency, a certificate of completion shall be issued to such applicant in the applicant’s name and endorsed and affirmed under the penalties of perjury by such duly authorized instructor. An applicant required to complete the training required herein prior to renewal of a license issued prior to the effective date of this subdivision shall only be required to complete such training for the first renewal of such license after such effective date.”Once the CCIA took effect, the expression, ‘Sensitive Place’ suddenly appears and, for those new holders of “Concealed Handgun Carry Licenses,” and for those renewing their licenses, Section 19 of the amended Handgun Law (NY CLS Penal § 400.00 (19)) presently sets, forth:“Prior to the issuance or renewal of a license under paragraph (f) of subdivision two of this section, issued or renewed on or after the effective date of this subdivision, an applicant shall complete an in-person live firearms safety course conducted by a duly authorized instructor with curriculum approved by the division of criminal justice services and the superintendent of state police, and meeting the following requirements: (a) a minimum of sixteen hours of in-person live curriculum approved by the division of criminal justice services and the superintendent of state police, conducted by a duly authorized instructor approved by the division of criminal justice services, and shall include but not be limited to the following topics: (i) general firearm safety; (ii) safe storage requirements and general secure storage best practices; (iii) state and federal gun laws; (iv) situational awareness; (v) conflict de-escalation; (vi) best practices when encountering law enforcement; (vii) the statutorily defined sensitive places in subdivision two of section 265.01-e of this chapter and the restrictions on possession on restricted places under section 265.01-d of this chapter; (viii) conflict management; (ix) use of deadly force; (x) suicide prevention; and (xi) the basic principles of marksmanship; and (b) a minimum of two hours of a live-fire range training course. The applicant shall be required to demonstrate proficiency by scoring a minimum of eighty percent correct answers on a written test for the curriculum under paragraph (a) of this subdivision and the proficiency level determined by the rules and regulations promulgated by the division of criminal justice services and the superintendent of state police for the live-fire range training under paragraph (b) of this subdivision. Upon demonstration of such proficiency, a certificate of completion shall be issued to such applicant in the applicant’s name and endorsed and affirmed under the penalties of perjury by such duly authorized instructor. An applicant required to complete the training required herein prior to renewal of a license issued prior to the effective date of this subdivision shall only be required to complete such training for the first renewal of such license after such effective date.”And where are these“Sensitive Place” restricted areas? A new provision of the New York Penal Code, Penal Code, 265.01-e, recites them.NY CLS Penal § 265.01-e(2) provides,“2. For the purposes of this section, a sensitive location shall mean:(a) any place owned or under the control of federal, state or local government, for the purpose of government administration, including courts;(b) any location providing health, behavioral health, or chemical dependance care or services;(c) any place of worship, except for those persons responsible for security at such place of worship;(d) libraries, public playgrounds, public parks, and zoos, provided that for the purposes of this section a “public park” shall not include (i) any privately held land within a public park not dedicated to public use or (ii) the forest preserve as defined in subdivision six of section 9-0101 of the environmental conservation law;(e) the location of any program licensed, regulated, certified, funded, or approved by the office of children and family services that provides services to children, youth, or young adults, any legally exempt childcare provider; a childcare program for which a permit to operate such program has been issued by the department of health and mental hygiene pursuant to the health code of the city of New York;(f) nursery schools, preschools, and summer camps; provided that for the purposes of this section, nothing shall prohibit the activity permitted under subdivisions seven-c, seven-d, and seven-e of section 265.20 of this article where such activity occurs at a summer camp in accordance with all applicable local, state, and federal laws, rules, and regulations;(g) the location of any program licensed, regulated, certified, operated, or funded by the office for people with developmental disabilities;(h) the location of any program licensed, regulated, certified, operated, or funded by office of addiction services and supports;(i) the location of any program licensed, regulated, certified, operated, or funded by the office of mental health;(j) the location of any program licensed, regulated, certified, operated, or funded by the office of temporary and disability assistance;(k) homeless shelters, runaway homeless youth shelters, family shelters, shelters for adults, domestic violence shelters, and emergency shelters, and residential programs for victims of domestic violence;(l) residential settings licensed, certified, regulated, funded, or operated by the department of health;(m) in or upon any building or grounds, owned or leased, of any educational institutions, colleges and universities, licensed private career schools, school districts, public schools, private schools licensed under article one hundred one of the education law, charter schools, non-public schools, board of cooperative educational services, special act schools, preschool special education programs, private residential or non-residential schools for the education of students with disabilities, and any state-operated or state-supported schools;(n) any place, conveyance, or vehicle used for public transportation or public transit, subway cars, train cars, buses, ferries, railroad, omnibus, marine or aviation transportation; or any facility used for or in connection with service in the transportation of passengers, airports, train stations, subway and rail stations, and bus terminals;(o) any establishment holding an active license for on-premise consumption pursuant to article four, four-A, five, or six of the alcoholic beverage control law where alcohol is consumed and any establishment licensed under article four of the cannabis law for on-premise consumption;(p) any place used for the performance, art entertainment, gaming, or sporting events such as theaters, stadiums, racetracks, museums, amusement parks, performance venues, concerts, exhibits, conference centers, banquet halls, and gaming facilities and video lottery terminal facilities as licensed by the gaming commission;(q) any location being used as a polling place;(r) any public sidewalk or other public area restricted from general public access for a limited time or special event that has been issued a permit for such time or event by a governmental entity, or subject to specific, heightened law enforcement protection, or has otherwise had such access restricted by a governmental entity, provided such location is identified as such by clear and conspicuous signage;(s) any gathering of individuals to collectively express their constitutional rights to protest or assemble;(t) the area commonly known as Times Square, as such area is determined and identified by the city of New York; provided such area shall be clearly and conspicuously identified with signage.Police officers and other designated categories are exempted.”Failure to abide by the ‘Sensitive Place’ Restriction requirement is a Class E Felony, as specified under NY CLS Penal § 265.01-d (1)”“A person is guilty of criminal possession of a weapon in a restricted location when such person possesses a firearm, rifle, or shotgun and enters into or remains on or in private property where such person knows or reasonably should know that the owner or lessee of such property has not permitted such possession by clear and conspicuous signage indicating that the carrying of firearms, rifles, or shotguns on their property is permitted or by otherwise giving express consent.”But Note: Subsequent to Plaintiff Appellants’ Motion for a Stay pending Appeal, the U.S. Court of Appeals for the Second Circuit, granted the Motion in Part. In a short opinion, the Court stated, in pertinent part, in Antonyuk vs. Hochul , 2022 U.S. App LEXIS 36240 (2nd Cir, December 7, 2022): “Appellants request a stay pending appeal of the district court's order dated November 7, 2022 (N.D.N.Y. 22-cv-986, doc. 78), enjoining Appellants from enforcing certain aspects of New York's Concealed Carry Improvement Act (‘CCIA’). Having weighed the applicable factors . . . we conclude that a stay pending appeal is warranted. . . . To the extent that the district court's order bars enforcement of the CCIA's provisions related to persons who have been tasked with the duty to keep the peace at places of worship, airports, and private buses, such categories are excepted from this order. Appellees' motion to expedite the resolution of the matter is granted.”Governor Kathy Hochul’s displeasure with the Bruen decision and anger toward the Court Majority was expected, was never a secret, and, so, isn’t at all surprising.  Yet, her hostility toward the Court, amounting to a rabid denunciation of the rulings and of the Justices themselves, is of another order of magnitude, and cannot be condoned, and ought not to be tolerated.The New York Government has detested the idea of civilian citizen possession of firearms for well over a century (actually for substantially longer (see author’s comments supra and infra)).Associate Justice Clarence Thomas, author of the Majority Opinion in Bruen, made the point, tacitly, at the outset of the Court’s argument, when discussing the State’s long-standing efforts to constrain, through overzealous regulation, the carrying of handguns.“New York State has regulated the public carry of handguns at least since the early 20th century. In 1905, New York made it a misdemeanor for anyone over the age of 16 to ‘have or carry concealed upon his person in any city or village of [New York], any pistol, revolver or other firearm without a written license . . . issued to him by a police magistrate.’ 1905 N. Y. Laws ch. 92, §2, pp. 129-130; see also 1908 N. Y. Laws ch. 93, §1, pp. 242-243 (allowing justices of the peace to issue licenses). In 1911, New York’s ‘Sullivan Law’ expanded the State’s criminal prohibition to the possession of all handguns—concealed or otherwise—without a government-issued license. See 1911 N. Y. Laws ch. 195, §1, p. 443. New York later amended the Sullivan Law to clarify the licensing standard: Magistrates could ‘issue to [a] person a license to have and carry concealed a pistol or revolver without regard to employment or place of possessing such weapon’ only if that person proved “good moral character”  and ‘proper cause.’ 1913 N. Y. Laws ch. 608, §1, p. 1629.”

THE SYSTEMATIC EROSION OF THE FUNDAMENTAL NATURAL LAW RIGHT TO ARMED SELF-DEFENSE IN NEW YORK SNOWBALLED THROUGH TIME.

The systematic erosion of a fundamental, immutable, illimitable, eternal, and unalienable right—the most basic of all RIGHTS and NEEDS, that of “SELF PRESERVATION”—commenced, in New York, as a result of a reluctance by the New York Government to acknowledge the right of the people to keep and bear arms in the State, notwithstanding the State did eventually ratify both the U.S. Constitution and the subsequent Bill of Rights component to it, which included a prohibition on the Federal Government to infringe that right.The nascent threat to the civilian citizens’ right to keep and bear arms in New York itself, had always existed, in fact, PRECEDED Ratification of the U.S. Constitution and the Bill of Rights which would suggest a schizophrenia on the part of the New York Government, concerning its actions toward exercise of the Right.

NEW YORK RATIFIED THE BILL OF RIGHTS FOR THE UNITED STATES BUT ORIGINALLY REJECTED A BILL OF RIGHTS FOR ITSELF; AND IT CONSCIOUSLY AVOIDED ADDING A RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS TO MIRROR THE RIGHT CODIFIED IN THE BILL OF RIGHTS OF THE U.S. CONSTITUTION, ONCE THE STATE DECIDED ON INCORPORATING A BILL OF RIGHTS INTO A LATER VERSION OF ITS STATE CONSTITUTION

ALTHOUGH NEW YORK WOULD EVENTUALLY ACKNOWLEDGE A FUNDAMENTAL RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS, IT DID SO ONLY STATUTORILY, NOT CONSTITUTIONALLY

Consider:New York is one of only a handful of States that currently does not have a fundamental right of the people to keep and bear arms in its State Constitution. And it never did.“. . . The states without rights to bear arms enshrined in their state constitutions are: California, Iowa, Maryland, Minnesota, New Jersey, and New York. Citizens of these states must rely on the federal Constitution and statutory regulation of arms. See, e.g., N.Y. Civ. Rights Law § 4 (McKinney 2012) (‘A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.’).”“Symposium: ‘Gun Control and the Second Amendment: Developments and Controversies in the Wake of District of Columbia v. Heller and McDonald v. Chicago’: Article: ‘The (New) New Judicial Federalism: State Constitutions and the Protection of the Individual Right to Bear Arms,’ 39 Fordham Urb. L.J. 1449, October 2012, Michael B. de Leeuw*See also, “Shocking the Second Amendment: Invalidating States’ Prohibitions On Taser With The District Of Columbia v. Heller,’ 20 Alb. L.J. Sci. & Tech. 159 (2010) By Ron F. Wright.“Ratified in 1909, New York’s right-to-bear arms provision differs from the latter provisions in that it is a statutory rather than constitutional grant. While its language is similar to the Second Amendment, contemporaneous sources carry strong undertones of keeping and bearing arms for strictly militia purposes. Looking first to New York’s treatment of the phrase ‘the people’ in its Civil Rights Law, we note that other than its right-to-bear arms provision the phrase refers to a right only one other time: the individual right to be free from unreasonable search and seizures. Furthermore, in the other appearances where the phrase ‘the people’ appears not a single instance refers to an actual right, express or implied.”In fact, in the original iteration of the State Constitution, New York did not incorporate a Bill of Rights. Later renditions did include a State Bill of Rights, but originally, involved procedural matters rather than substantive rights. The Bill of Rights of New York’s Constitution evolved sporadically over time.But New York always intended to whittle away at the natural law right to armed self-defense. Half-heartedly, or grudgingly at best, it eventually placed the right of the people to keep and bear arms in its Civil Rights Statutory scheme.NY CLS Civ R § 4 (Right of the People to Keep and Bear Arms), says,“A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.” [underlining added]Note, the substitution of the words, ‘SHALL NOT’ as they appear in the Bill of Rights of the U.S. Constitution, with the word, ‘CANNOT,’ in Section 4 of the Civil Right Law of New York.The word, ‘CANNOT,’ means ‘TO BE UNABLE TO DO OTHERWISE THAN.’ It isn’t a legal term of art. The words, ‘SHALL NOT’ however have a specific meaning in law: “THE ELEMENT OR ACTION IS PROHIBITED.” Is this change of major significance? Surely, the alteration of the language of the Right, in the Consolidated Laws of New York wasn’t an inadvertent oversight but made with intention.The New York Legislature made sure that “CANNOT BE INFRINGED” does not mean the Legislature has no authority to infringe on the right of the people to keep and bear arms. On the contrary, the suggestion is that no person or entity but the New York Government itself can infringe the right for the Government here establishes that it has created the right, i.e., statutorily. The Right, then, is neither something the people of New York create nor that of a Divine Being.Use of a nonlegal word establishes and avoids any foreseeable problem that might arise from a citizen contesting Government infringement of a Right that “CANNOT” be infringed. At least that is the obvious rationale for the change in construction.Providing only statutory recognition of a right to bear arms, the State could not easily be constrained from hobbling the exercise of the right. And both New York State and the State and Federal Courts were complicit in supporting each outrageous Government action, through regulation, of the “RIGHT” THAT “CANNOT BE INFRINGED.”New York's Executive Branch and Legislative Branch constantly invented ways to erode the exercise of the right of the people to keep and bear arms and, in so doing, to sever the people’s connection with their fundamental right—ultimately creating a permanent estrangement.Overzealous regulation coupled with a lengthy, industrious campaign of psychological conditioning, affected the mind. “Gun Possession” became identified with and equated with “Gun Violence.” Many New Yorkers didn’t mind this. In fact, they fanatically embraced the viral memes planted in their minds.The latest developments in psychological conditioning and in technology that allows for rapid dissemination of information, affecting millions of people simultaneously, made this possible.Instead of dealing with crime and criminals, the Government would instead go after average Americans, creating a nightmare for those citizens who were not taken in by the contortions and distortions of the New York Government and who insisted on exercising their natural law right to self-defense that the Government was loathed to recognize or allow.What eventually emerged in New York was an elaborate, expensive, time-consuming, and confounding licensing regime that New Yorkers would be required to navigate through. The questions no one in Government dared to consider and that a Press, sympathizing with the Government, would never ask are these:“Why should it be so difficult for me to exercise a fundamental, unalienable right?”“Why should I be compelled to navigate my way through a mass of confusing firearms regulations, and then once failing to gain State permission to defend my life with the most effective means available, I am thrown to the winds and compelled to navigate through a cesspool of criminals and lunatics that dot the landscape of New York?“Why is it the New York Government constrains my right to defend myself against depraved criminals and lunatics, and, at the same time, refuses to use my tax dollars to protect me against those elements that incessantly threaten the life, safety, and well-being of millions of average, rational, law-abiding, responsible citizens like me?”“By what inductive or deductive reasoning does the New York Government and Kathy Hochul presume to reduce the highest denominator of society with the lowest, refusing to allow me to defend myself against predators, arguing that, on the matter of firearms, I can no more be trusted to responsibly keep and bear them than would the common criminal, the psychopathic murderous gang member, or the raving drug-addled lunatic?With the enactment of the Sullivan Act in 1911—a law that introduced handgun licensing to the State—the New York Government would, through the years and decades, enact more laws, aimed at frustrating those Americans residing or working in New York who merely wish to exercise the fundamental right to keep and bear arms as is their natural law right to do so?The Sullivan Act of 1911 would serve as the New York Government’s answer, exemplifying their disdain for the average citizen. And the Government did not stop with the enactment of that. Introducing handgun licensing to New York was merely a precursor to and an inkling of what was yet to be.The Sullivan Act of 1911 served, then, merely as a stepping stone in a lengthy inexorable process, whittling away at the citizens’ exercise of their unalienable right to armed self-defense.Whether by conscious intent or by unconscious conditioned reflex, the State had effectively placed a New Yorker on a medieval torture rack, tormenting those individuals who insisted on—dared to—exercise the right that the New York Government did not wish for New Yorkers to exercise.Once on that rack, the State slowly tightened the screws, enacting more constraints on a person’s exercise of the right, through time, frustrating those New Yorkers who demanded that Government not interpose itself between the right of the people to keep and bear arms as bestowed on man by the Divine Creator, not Government, and the exercise of that right that the founders of a free Constitutional Republic recognized and insisted on.And the process of whittling away at the natural law right to armed self-defense gained speed over time, frustrating the desire of anyone who simply wished to exercise his basic right of self-preservation with the most effective means available: A handgun.Hochul’s predecessor, New York Governor, Andrew Cuomo, had added extensive amendments to the Handgun Law and to related New York Statutes, affecting all firearms and possession of them. through the enactment of the New York Safe Act of 2013.Cuomo rammed that through the State Senate in the dead of night, and, once it had passed the Senate, he immediately signed it into law, on January 15, 2013.Hochul’s“Concealed Carry Improvement Act” of 2022 doesn’t ease the dire impact of the Safe Act on those who seek to keep and bear arms. One might rationally expect that the CCIA would ease the exercise of the fundamental right, consistent with Bruen. Rather, the CCIA builds upon the earlier Act and is part and parcel of several other Anti-Second Amendment laws that Hochul signed into law on or about the same date she signed the CCIA into law.Bruen changed nothing. NY Safe and the CCIA continue a process that began not with the passage of the Sullivan Act of 1911, but over a hundred years earlier—in fact earlier yet—much earlier.In fact, New York’s antipathy toward the natural law right to armed self-defense always existed, going back prior to the founding of the Republic itself, through the ratification of the U.S. Constitution on July , 1788.“The first New York Constitution was adopted by the Convention of Representatives of the State of New York on April 20, 1777,” 15 months before ratification of the U.S. Constitution that New York, among other States that existed at the time, agreed to. See Historical Society of the New York Courts and content infra.What began as a concern and annoyance over the exercise ofthe right of the people to keep and bear arms in New York, evolved, over the centuries, into distress and disgust, and anxiety over the citizens’ keeping and bearing of arms.That distress, disquiet, and disgust grew into trepidation and panic, coupled with a rabid abhorrence over the notion a person should possess firearms at all.Today, Governor Hochul proclaims her anger over the Bruen decision. Worse, she articulates a visible contempt for the Court.But, how much of that anger is grounded on true and firm belief and how much is mere political rhetoric, playing to a “woke” audience?A decade ago, Hochul, ever the consummate politician, evinced a different position toward the Second Amendment. See the article in Bearing Arms. What caused a transformation in her thought—a complete 180-degree turn?It matters not. If Hochul is duplicitous and is behaving theatrically, her present words and actions must be taken at face value, not minimized. No one should attempt to explain them away as mere emoting as if to suggest her words are not to be taken seriously. They are TO BE TAKEN MOST SERIOUSLY.Hochul’s words, both their insolent tone and the detrimental impact on those who wish to exercise their natural law right to armed self-defense at home or in public, cannot be assigned simply to fabrication or theatrics. The intent behind those words, seen in the legislation enacted, which Hochul has signed into law—a flurry of new restrictive Anti-Second Amendment legislation—has real-world impact and dire consequences for New Yorkers.Regardless of what Hochul the politician really believes the fact remains that New Yorkers, especially the politically progressive denizens of New York City, and Hochul’s wealthy, Neoliberal Globalist benefactors, have long held to a New York tradition antithetical to and wholly destructive of the Second Amendment right. And Hochul, the politician, through her present words and actions, mirrors the predilection of her base, millions of New Yorkers, most of whom reside in NYC.Attuned to her supporters’ beliefs, she rails incessantly against “guns,” “gun owners,” and that thing the Anti-Second Amendment wordsmiths had recently concocted to push their narrative against the right to armed self-defense on the public: “Gun Violence.”Long-standing New York tradition contra recognition of the basic right to armed self-defense overpowers any thought of compliance and obeisance to the dictates of “shall not be infringed,” much less acquiescence and adherence to High Court rulings on the matter.As noted, supra, several years before New York ratified the U.S. Constitution, on July 26, 1788, and, later, when New York ratified the Nation’s Bill of Rights, on March 27, 1790, the Revolutionary Convention of the Representatives of New York (see New York Archives) prepared the groundwork for a State Constitution:“In August 1776, the revolutionary Convention of the Representatives of the State of New York appointed a committee to draft a state constitution and a bill of rights. Despite this command, the constitution eventually produced did not contain a separate bill of rights. Robert Yates, a member of the drafting committee, later explained that advocates of a bill of rights thought in terms of an instrument by which ‘the power of the rulers ought to be circumscribed,’ modeled after the 1628 Petition of Right and the 1689 Bill of Rights. The committee, however, took the view that the American Revolution placed the people ‘in a state of nature’ such that the new fundamental instrument the people themselves created, the constitution ‘would operate as a bill of rights.’ This view was not uncommon in revolutionary America. John Jay, for instance, a principal drafter of the 1777 federal constitution, used the same argument when objecting to the adoption of a federal bill of rights in 1788.  The constitution adopted by the New York Convention in April 1777, did contain certain clauses guaranteeing basic rights, such as might be found in a bill of rights: all power derived from the people, right to counsel in criminal trials, freedom of religion and abolition of religious establishments, and trial by jury and prohibition of attainder (to take effect after the war). In addition, on the motion of Gilbert Livingston (later a radical antifederalist), the Convention added to the constitution a clause guaranteeing due process. In the face of Loyalist threats to the existence of the new government, the Convention refrained, however, from adding to the constitution any further assertions of fundamental rights that would hinder efforts to suppress counter-revolutionary activity.” “New York’s Statutory Bill of Rights: A Constitutional Coelacanth,” 19 Touro L. Rev. 363, 366-367 Winter / Spring, 2003, by  Robert Emery. “The New York legislature adopted the original version of the statutory bill of rights, ‘an Act concerning the rights of the citizens of this State,’ in January 1787.” Id. at 368. There was no mention of a right of the people to keep and bear arms in the first rendition of the New York Constitution, nor would there be any future version of the State Constitution. There certainly was no serious consideration for that.“New York has adopted four constitutions (1777, 1821, 1846, and 1894) and held eight constitutional conventions (1801, 1821, 1846, 1867, 1894, 1915, 1938, and 1967). The Constitution of 1894, revised in 1938 and amended over 200 times, remains in place today. As provided in this document, the state legislature can propose a constitutional convention at any time, subject to approval by the electorate.  However, the state constitution also mandates that the question of whether to hold a convention be submitted to the electorate every twenty years.” In a climate openly hostile to the very thought of relaxation of New York’s Gun Law—having placed more and more restrictions on the exercise of the right to armed self-defense through 112 years of the Sullivan Act—it stands to reason the Hochul Government wouldn’t be dissuaded from continuing its concerted, single-minded march toward achieving the goal of Dissolution of the right to armed self-defense in New York or, if not able to that, grudgingly, at least, getting damned close to attaining it.Notwithstanding the State had recognized the right of the people to keep and bear arms at the National level, having ratified the Nation’sBill of Rights in 1790, it felt no compunction to do so at the State level, believing, apparently, that, whatever negative impact the Second Amendment on the Federal Government, its application would pose no hardship on the States and would not limit the State’s ability to do away with the entirety of it if it wished. Was the State Government being disingenuous? Was it holding disparate, inconsistent beliefs that defy rational explanation? Who can say what the State Government's motivations were at the time?Prior to the McDonald decision, and for those theorists who mistakenly held to a “collective rights-only” notion of the Second Amendment, (and many still do), the early New York Government felt it need not worry about the Second Amendment. The State would have its Police Powers and could deny all residents of the State and those who work there the keeping and bearing of arms. And, for a time, it would seem the State could get away with its perfunctory dismissal of the fundamental right of the people to keep and bear arms.And, even with the McDonald decision in 2010 (McDonald vs. City of Chicago, 561 U.S. 742, 130 S. Ct. 3020 (2010)), New York would continue to evince schizophrenia toward the Second Amendment, as would a few other jurisdictions around the Country. They would all pretend that, whatever McDonald happened to say about a State’s obligation to adhere to and respect the citizenry's exercise of the right codified in the Second Amendment of the Bill of Rights, through the application of the Fourteenth Amendment, those States could regulate the exercise of the right to an effective nullity. That is what such State Governments presumed to think and that is how they acted.State licensing is the vehicle that drives the impetus for State arrogance toward the natural law right to armed self-defense.Prior to Bruen, Federal and State Courts in New York held an incongruous position, when rubber-stamping what is clearly illegal New York Government action.These Courts acknowledged that, while a person has a fundamental, unalienable right to keep and bear arms, that person must still obtain a valid State handgun license to exercise his fundamental right.The New York Courts had heretofore preposterously argued that, since having a license to exercise one’s Second Amendment right is, one, a condition precedent to the exercise of one’s fundamental right, and that, two, since the issuance of a handgun license is a prerogative of the State, a completely discretionary act and that, further, since the acquisition of a State issued handgun license is a privilege, not a right, be that right fundamental or not, the State can lawfully deny a person exercise of his fundamental, unalienable right to keep and bear arms. New York Courts’ ruling considered this reasoning as valid and sound law, “black letter law” in New York, and, as expected, especially for those who sought to obtain a New York concealed handgun carry license, the acquisition of those coveted licenses to exercise a fundamental right was very few in number. Such was true before Bruen. And now, after? Will there be many more issuances of concealed handgun carry licenses? And of those that are issued, will they truly work as intended by Bruen, to enable the licensee to truly exercise armed self-defense? This all remains to be seen.The Hochul Government did not assert—it felt it wouldn’t have to—that 225 years of refusal to countenance a citizen’s natural law right to armed self-defense as it saw fit was argument enough to continue to constrain the exercise of the right and to require much from those individuals who had the fortitude to demand what they should not have had to demand: an exercise of their unrestrained right to armed self-defense. Long-standing State tradition would circumvent any argument about the purported supremacy of the natural law right to armed self-defense over the State's authority to deny a citizen's exercise of that right.New York’s negative attitude toward the Second Amendment, coupled with a firm belief, taken as self-evident true for well over two hundred years—that New York Government police regulatory authority supersedes an American citizen’s exercise of his fundamental, illimitable, immutable, eternal natural law rights and would always remain so and hold sway over a U.S. Supreme Court decision to rule or hold otherwise, is soon to be tested. It must be tested.Heller, McDonald, and Bruen, together, apparently do not operate, in the mind of the New York Government, as a formidable force, powerful enough to overcome the New York Government’s belief in its own legal and moral invincibility. New York continues to go its own way.How many U.S. Supreme Court decisions must, then, come down the pike before jurisdictions like New York accept the Article III authority of the Third Branch of Government—the authority of the High Court to say what the Law Is? But is it just New York that is rebelling against the authority of the High Court?Clearly, there are dangerous, ominous stirrings afoot, suggesting the actions of shadowy, ruthless forces both here and abroad that have set wheels in motion to destroy a free Constitutional Republic and a sovereign American citizenry. It all bespeaks tyranny at the highest levels of Federal and many State Governments. What we are doing here is looking at the manifestation of those wheels set in motion, as pertaining to the incremental, continuous, devastating erosion of the Bill of Rights, and the blatant misuse of authority by Federal and State Governments to control the life, safety, well-being, and personal autonomy of the American citizen.One need only reflect carefully and honestly on the manner in which Governments are shredding the Bill of Rights slowly, methodically, and inexorably to understand the mortal danger facing our free Constitutional RepublicLooking at the New York Government’s actions despicable actions toward the U.S. Supreme Court is explanation enough that something more is afoot than imbecilic behavior by Governor Hochul and the Democrat-Party-controlled Legislature in Albany.The New York Government would not have dared to contend against the High Court unless they knew that powerful interests and forces stood behind them to protect them. The New York Government's insolent maneuverings are not emanating solely from the Government. The masterminds of the treachery against our Nation stand well above Government agent toadies. They are merely the faces the public sees; that the public is permitted to see. All we can do here is try to convey to our kind readers the legal, logical, and Constitutional weaknesses of New York’s actions. And we must remain content with accomplishing that. It is more than enough work for us, a small voice supporting our Constitution as the founders of our Republic intended.With this groundwork laid as an explanation for New York’s recalcitrance in obeying a direct High Court ruling, we will, in the next few articles of this series draw our attention to the deceitfulness at work through the operation of the “Good Moral Character” provision of the CCIA the Hochul Government has repurposed to operate like the past “Proper Cause” Requirement, to frustrate the applicant. The New York Government continues on the path it had first set for itself centuries ago, at the dawn of New York's statehood. Hochul and her Government intend to restrict the issuance of New York concealed handgun carry licenses, now, as then, and to constrain the use of those licenses for those individuals who happen to be among the few to acquire them.________________________________________*A decade after this article came out, Iowa amended its Constitution to include “a right to bear arms.” In a news article posted November 8, 2022, The Des Moine Iowa Register reported that,“Iowa voters have adopted an amendment to the Iowa Constitution to add the right ‘to keep and bear arms,’ adding language that goes beyond the protections contained in the U.S. Constitution's Second Amendment, according to unofficial results.Iowa will become the fourth state with ‘strict scrutiny’ language to protect gun rights in its state constitution, achieving a longtime goal of Republicans in the Iowa Legislature. . . .The language of the amendment states: ‘The right of the people to keep and bear arms shall not be infringed. The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny.’The amendment described the right to keep and bear arms as ‘a fundamental individual right,’ requiring any restrictions on gun rights to survive ‘strict scrutiny.’Strict scrutiny is the highest legal hurdle for legislation to clear. It requires any restrictions on gun rights to be narrowly tailored to achieve a compelling state interest.”Two weeks after Iowans voted to amend their Constitution, the U.S. Supreme Court held oral argument in Bruen, and the Court published its decision seven months later. Much of the Majority Opinion clarified the test that Courts must follow in deciding whether State Government action conforms with or offends the core of the Second Amendment when a Government action is challenged.But twelve years before Bruen, the U.S. Supreme Court struck down means-test scrutiny, in favor of a historical test. Although the late eminent Associate Justice, Antonin Scalia, writing for the Majority, in Heller, had specifically mentioned defects in the lowest standard of means-test scrutiny, “Rational Basis,” it was clear from the decision that the Court had scrapped the entirety of means-test analysis in Second Amendment cases, including, then, “Intermediate” and “Strict” Scrutiny, in favor of historical analysis. The vast majority of Courts failed to get the message or otherwise chose to ignore it. Although many Courts, prior to Bruen may have utilized a historical analysis, in analyzing the constitutionality of State action impinging on the Second Amendment right, they went impermissibly further, unable or unwilling to disavow means-test scrutiny altogether. But nothing in Heller suggests the High Court retained so much as an iota of means-test scrutiny. Moreover, the Majority in Bruen explicitly states that the Court wasn’t creating a new methodology. Bruen merely clarifies what Heller asserts. Associate Justice Thomas, writing for the Majority in Bruen, said this:“Since Heller and McDonald, the Courts of Appeals have developed a ‘two-step’ framework for analyzing Second Amendment challenges that combines history with means-end scrutiny. The Court rejects that two-part approach as having one step too many. Step one is broadly consistent with Heller, which demands a test rooted in the Second Amendment’s text, as informed by history. But Heller and McDonald do not support a second step that applies means-end scrutiny in the Second Amendment context. Heller’s methodology centered on constitutional text and history. It did not invoke any means-end test such as strict or intermediate scrutiny, and it expressly rejected any interest-balancing inquiry akin to intermediate scrutiny.”This brings us back to Iowa’s amendment to its State Constitution. Since the Amendment refers explicitly to the use of “strict scrutiny,” the Amendment is unconstitutional. The irony is that supporters of the Amendment sought not only to cast in stone the fundamental right of the people to keep and bear arms for Iowans but to preclude the State Legislature and the State Federal and Appellate Courts from employing any test that might henceforth weaken the exercise of the natural law right to armed self-defense. The supporters of the Iowan Amendment thought that strict scrutiny in Second Amendment cases would prevent unconstitutional State action from infringing the core of the right. The U.S. Supreme Court had no such illusion, as a Strict Scrutiny means-test methodology suffers from the same defect as all means-test (weight analysis) methodology. There exists a tendency of Courts to find, almost invariably, in favor of a Government’s action, denying a challenge of unconstitutional infringement. This is one reason, and probably the salient one, why the Court struck down means-test scrutiny altogether, in Heller.Can the Iowa Legislature amend the verbiage of the Constitutional amendment to cohere with Heller and Bruen? Probably not since that would involve statutory reconstruction of a Constitutional amendment, which in the action would defeat, even if the intention were honest, the force and efficacy of the State Constitution, either subordinating the State Constitution to State Statute or placing the State’s Constitution on the same footing as State Statute. Neither possibility is acceptable.It appears Iowans will have to undertake another round of voting, first to repeal the unconstitutional amendment, and second to vote on a redraft of the amendment first voted on, that omits the “strict scrutiny” language.The Des Moines Register article, supra, also refers to four other States that have employed the language of strict scrutiny in their own constitutions:“Iowa will become the fourth state with ‘strict scrutiny, language to protect gun rights in its state constitution, achieving a longtime goal of Republicans in the Iowa Legislature.”If true, those States as well must amend their constitutions to cohere to the rulings and reasoning of Heller (District of Columbia vs. Heller, 554 U.S. 570, 128 S. Ct. 2783 (2008)) and Bruen, (N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022)).___________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

UNDER THE PRETEXT OF KEEPING THE RESIDENTS OF HER STATE SAFE, NEW YORK GOVERNOR KATHY HOCHUL DEFIES U.S. SUPREME COURT BRUEN RULINGS

MULTIPART SERIES ON POST-BRUEN CASE ANALYSIS

POST-BRUEN—WHAT IT ALL MEANS AND WHAT ITS IMPACT IS BOTH FOR THOSE WHO SUPPORT AND CHERISH THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO DO NOT; THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY DESTROY THE EXERCISE OF THE RIGHT AND THOSE WHO SEEK TO PRESERVE AND STRENGTHEN THE RIGHT BOTH FOR THEMSELVES AND THEIR DESCENDANTS

PART TWENTY-FIVE

THE TYRANT EVER DISTRUSTS THE ARMED CITIZEN

New York Governor Kathy Hochul and the Democrat Party-controlled Legislature in Albany designed amendments to the State Handgun Law to avoid compliance with the U.S. Supreme Court’s rulings in Bruen and thus avoid the categorical dictates of the Second Amendment of the Bill of Rights. There is no question about this, no tenable away around this. To believe otherwise is a delusion.Hochul makes the case herself. There are numerous accounts detailing this: Press accounts and Press Releases abound. Consider one example: In August 2023, Hochul said this, as presented on the Governor's website:“‘In response to the Supreme Court's decision to strike down New York's century-old concealed carry law, we took swift and thoughtful action to keep New Yorkers safe,’ . . . . ‘I refuse to surrender my right as Governor to protect New Yorkers from gun violence or any other form of harm. In New York State, we will continue leading the way forward and implementing common sense gun safety legislation.’”In other words, Governor Kathy Hochul, in her role as Tyrant Nanny of New York, keeping her wayward children, residents of New York, and citizens of the United States, safe and sound from all those dangerous, nasty firearms, will ignore the fundamental, unalienable right of the people to keep and bear arms, etched in stone in the Second Amendment of the Nation’s Bill of Rights, and will defy the Article III authority of the U.S. Supreme Court.Hochul had unconscionably harsh words for the High Court, calling the Bruen decision “reckless and reprehensible.” See the article in NCPR.One thing motivates Governor Hochul’s actions and others like her who have, through the passing years, decades, and centuries, enacted laws to cut the Bill of Rights to ribbons:INCOMPARABLE LUST FOR POWER, INORDINATE WEALTH, AND SELF-AGGRANDIZEMENT—ALL AT THE EXPENSE OF THE COMMON MAN. IT HAS ALWAYS BEEN SO.The history of civilization illustrates an unfathomable and unquenchable desire of sociopathic/psychopathic individuals to wield control over their respective tribe, nation, or empire, or other political, social, economic, and juridical structure.These ill-begotten men desire to thrust their will, their reality, onto everyone else.The Articles of the Constitution and the Bill of Rights of this Nation—of this Nation alone—were drafted with the aim to at least forestall, if not, prevent the perpetuation of this theme from happening here: the urge to dominate and rule.Of course, the presence of power-hungry misfits in the world is nothing new.Some who have succeeded in wielding control over the life, well-being, and happiness of the populace create the illusion they exercise power by virtue of Divine Right. Through time that odd idea becomes embedded in the public psyche. The public comes to accept this and accepts, too, that the rule over others by Divine Right is in the natural order of things, that it has always been thus.Rule by Divine Right—the wielding of near absolute power over others—is sometimes disguised.In our Nation, a free Constitutional Republic, the sociopaths, and psychopaths who lust for power, wealth, for personal aggrandizement and who have the wherewithal, knack, and tenacity to bend the mechanisms of power to their will, to their liking, must resort to deceptive messaging to woo the public, to lull them into dull complacency to accept the messaging conveyed to them by the deceivers and fabricators to mislead them into thinking that curtailment of their God-Given Rights is for their own good. But the truth is other than what is conveyed to the public.The Nation’s Bill of Rights is a check on the power of Tyrants. These Rights, especially the first two Rights are the final fail-safe to keep would-be Tyrants in check.The First Amendment codifies, inter alia, the right of Free Speech, i.e., the Right to Dissent; the Right to Personal Autonomy; the Right of the Individual TO BE and to Remain Individual, against public pressure, at the behest of the Tyrant to compel compliance to his edicts. Those edicts demand uniformity of thought, of conduct, of action. The idea is to force submission of one’s will to the will of the State, the Greater Society, the “Hive,” the Tyrant.The Right of the people to keep and bear arms is the vehicle through which the Individual prevents the Tyrant from forcing submission. This was meant to be so. Americans, millions of individuals, discrete souls, retain sovereignty over the Tyrant by force of arms and thus prevent usurpation of their will to that of the Tyrant.The Tyrant knows this. Many in our Country do not. They are denied THE TRUTH. Each American should know the TRUTH:The preservation of the right of the people to keep and bear arms, a right to be exercised by the common man, serves as a counterweight to the usurpation of the sovereign power of the people over the power of the Tyrant. The Tyrant seeks to restrict and constrict this right as the Tyrant cannot continue to wield power and cannot accrue more power at the expense of the people so long as they are armed. Thus——The common man cannot be controlled, corralled, nor subjugated so long as he bears arms. That he does so constitutes a threat to the Tyrant. The Tyrant knows this even if the polity does not, and the Tyrant utilizes the organs of a corrupt Press to prevent the people from recognizing the slow disintegration of their basic, core Rights, bestowed on them by the Divine Creator, and not by Government.Corruption of  Government proceeds from corruption existent in the Tyrant himself. Corruption of Government and concomitant corruption of every facet of society and of our institutions are recognized in decay, in the destabilization of society, and in the demoralization and degradation of the common man who resides within it. The physical manifestation of destruction is mirrored in the corrupt soul of the Tyrant. On a macro level, one sees this in the immolation of a once great Nation, and of its institutions, culture, ethos, and people.On the micro level one sees this corruption in the immolation of major cities and in the degradation of the lives of the people who reside in them, run by a host of petty tyrants.The salient purpose of armed Self-Defense is to prevent the onset of Tyranny of Government. If you, the reader, don’t see this, take a look at the Second Treatise of Government by the English Philosopher, John Locke. Our Constitution is constructed from the well-reasoned political philosophical remarks of John Locke.Do you need further proof: Take a look, once again, at the U.S. Supreme Court cases District of Columbia vs. Heller and McDonald vs. City of Chicago.The Tyrant knows that the exercise of the right to armed self-defense must be constrained else he cannot wield and maintain power and control over the commonalty, but he doesn’t say this. The Tyrant makes a different argument, directed to denizens of a free Republic.The argument against the exercise of the right to armed self-defense in this Country is that the Second Amendment is archaic and that the proliferation of guns in this Country causes “Gun Violence.”More recently, consistent with absurd political dogma, the Tyrant claims that the roots of the Second Amendment are racist. And a seditious Press echoes those sentiments.But then, ask yourself: Where is this disorder, this violence manifested? Is it in the actions of tens of millions of average, rational, responsible, American citizens—the commonalty that happens to possess firearms?When was the last time you heard that the common rational, responsible gun owner committed a crime through the use of a firearm or through the use of any other implement? When was the last you heard of an average gun owner who went on a shooting spree? How many of those occur in our Country anyway? How might they be prevented? Has not an armed citizen, in the midst of a “mass shooting, often prevented many deaths because he was able to stop the killer? If more people were armed, would they not be able to secure their life and that of others?Where does this so-called “Gun Violence” emanate and predominate?Is not the escalation of  “Criminal Violence” in the Country and especially in the major urban areas, the deliberate result of Government policy that allows the criminal element and the occasional lunatic to run amok?Why should curtailment of the basic natural law right to armed self-defense proceed from Government’s failure, oft deliberate, TO CONSTRAIN THE LOWEST COMMON DENOMINATOR of society: the foul, drug-addled lunatic; the monstrous, murderous gang member; and the opportunistic criminal—all of whom are devoid of empathy for the innocent person.Why should curtailment of a basic natural law right to armed self-defense proceed from instituting strict control over the natural law right of THE HIGHEST COMMON DENOMINATOR: tens of millions of average Americans?And, if those tens of millions of average Americans were to surrender their firearms to the Tyrant, how might that prevent the criminal and lunatic from engaging in less mayhem? Might not that encourage more illicit behavior and leave the common man absolutely defenseless, dependent completely on the goodwill of the Tyrant to dispel threat?But isn’t that really the point of disarming the citizenry: to leave the common man, the sole sovereign over Government, defenseless, powerless against the Tyrant, lest the common man rises up against the usurper?The New York Handgun Law and related laws as codified in the Consolidated Laws of New York, illustrate the Tyrant’s irrationality, arrogance, and lust for power over the citizens of the Country, residents of New York. But in the Gun Law and in other laws peppered throughout the breadth and depth of the Laws of New York, one sees, if one but reflects on those laws, a raw fear exposed. The Tyrant fears the common man.New York’s Handgun Law, the Sullivan Act, was enacted in 1911. It was predicated on fear of the common man—at the time, those were construed as new Italian immigrants to New York.The Sullivan Act was grounded on a lie at the outset: based on the idea that Italians were by nature, criminals, and their conduct in public had to be forcibly restrained lest they commit untold crimes throughout the State. This meant keeping firearms out of the hands of Italians. The form of the argument may have seemed valid to many. The premises were false, laughably so.The idea of converting a fundamental, unalienable right into a privilege is mystifying and disconcerting.Did the New York Government issue handgun licenses to Italians, recent naturalized citizens, residing in New York? One must wonder. If the idea behind the Sullivan Act, seemingly content neutral on its face, was to keep Italians from exercising their right, as citizens, to keep and bear arms, the law makes perfect sense.Yet the Sullivan Act came to be, and it survived, and thrived.The Sullivan Act requires all individuals who seek to carry a handgun in public to first obtain a handgun license from the Government to lawfully exercise their natural law right to armed self-defense.So then, the New York Government insists on inserting itself between the natural law right to armed self-defense, as codified in the Second Amendment, and one's exercise of that right, free of Government interference.The Handgun Law expanded exponentially to include further restraints, to encompass many more groups of people—the common man en masse—and to make the acquisition of a handgun carry license more expensive, time-consuming, and frustrating. That was the point.Many New Yorkers conceded defeat. They threw in the towel. They gave up the effort to obtain a license. The Handgun Law worked THAT well.Through time, the Handgun Licensing Statute became more elaborate. It developed into a cumbersome Handgun Licensing Regime. The challenges were many. But none succeeded in toppling the unconstitutional construct. And, then came the Heller case.The U.S. Supreme Court had for years stood idly by while State Government Tyrants and the Tyrant Federal Government road roughshod over the absolute right of the people to armed self-defense.In the 21^st Century, some Justices on the High Court had had enough. It was clear that Two Branches of the Federal Government, the Executive and the Legislative, and many State Governments, including the District of Columbia, were not going to adhere to the strictures of the Bill of Rights, especially the dictates of the Second Amendment to the Constitution.Associate Justices Scalia, Thomas, and Alito set matters aright.With the indomitability of Associate Justice Antonin Scalia, and assisted by two able Associate Justices, Clarence Thomas, and Samuel Alito, and, having convinced or perhaps cajoled the Chief Justice, John Roberts, and Associate Justice Anthony Kennedy to climb on board, the Court agree to review a case where the District of Columbia had enacted a law banning, outright, civilian citizen possession of handguns for self-defense, in the District.Since the District of Columbia law was predicated on the notion that the right to keep and bear arms was a collective right, not adhering to the individual, an erroneous notion, the Court Majority held clearly, concisely, and categorically that the right of the people to keep and bear arms is an individual right—one unconnected with association with a militia. And, having enunciated the clear, plain meaning of the natural law right codified in the Second Amendment, the High Court struck down the D.C. law.The anti-Second Amendment States were appalled and argued that Heller applied only to the Federal Government. That led to another challenge, this time from Plaintiff gun owners in Illinois, who argued that the right of the people to keep and bear arms applies with equal force to the States. The U.S. Supreme Court agreed. Justice Samuel Alito, who authored the Majority Opinion said, the right of the people to keep and bear arms applies with equal efficacy to the States through the application of the Fourteenth Amendment.Further challenges to States that refused to adhere to the rulings of Heller and McDonald went unreviewed by the Court, until a good ten years after McDonald.The High Court agreed to hear r a challenge to New York’s Handgun Law in New York State Rifle & Pistol Association, et.al. vs. The City Of New York, 140 U.S. S. Ct. 1525 (2020)—the first major assault on the Sullivan Act to be heard by the High Court. In that case, Petitioner holders of valid restrictive handgun premise licenses sought to be able to transport their handguns to target ranges outside the City. The Rules of the City of New York forbade that.the narrow issue in the City of New York case dealt with the Second Amendment rights of holders of highly restrictive New York premise licenses. Yet, the case implicated broad Second Amendment questions impacting Heller and McDonald.Hochul’s predecessor, Andrew Cuomo, feared a decision on the merits of that case would open up a serious challenge to the core and mainstay of the State’s Sullivan Act, pertaining to the carrying of handguns in public.He could not, must not, allow a decision on the merits that would render the Sullivan Act vulnerable to further challenges that might eventually lead to the decimation of Handgun Licensing in New York.The Cuomo Administration weathered the storm by amending the State’s Gun Law. Those amendments required the City of New York to amend its own Gun Rules, pertaining to the transportation of handguns outside the home, by holders of New York City handgun premise licenses.The amendments satisfied Chief Justice John Roberts and Associate Justice  Brett Kavanaugh. Those two votes, together with the votes of the liberal wing of the Court, sufficed to avoid the substantive merits of the case from review.With changes made to both the State Handgun Law and to New York City’s Handgun Licensing Regulations, the High Court dismissed the case, ruling the Plaintiffs’ claims moot.Associate Justice Alito thought otherwise. In his dissent, he argued there was no legal justification for a finding of mootness. Justice Alito laid out his arguments comprehensively and convincingly.Justice Kavanaugh without addressing the mootness matter, mentioned, in a separate Concurring Opinion,“I share Justice Alito’s concern that some federal and state courts may not be properly applying Heller and McDonald. The Court should address that issue soon, perhaps in one of the several Second Amendment cases with petitions for certiorari now pending before the Court.”Kavanaugh’s point came to fruition with Bruen, two years later, and in a major way, vexatious to the liberal wing of the Court, and likely so to the Chief Justice as well, and, no less so, the gravest fear of Governor Cuomo.But the conservative wing—now with Justice Amy Coney Barrett on the Bench—would no longer be constrained by foes of the Second Amendment who would erase the exercise of the right altogether if they had their way. Vindication of the Heller and McDonald rulings was at hand.The Hochul Government and Kathy Hochul, especially, weren’t pleased.If the City of New York case gave her predecessor, Governor Andrew Cuomo, a trifling headache, the Bruen case gave Hochul and Albany a full-on migraine.Bruen involved a challenge to the core of the State’s Handgun Law: the Constitutionality of predicating issuance of concealed handgun carry licenses on demonstration of “Proper Cause”/“Extraordinary Need.”Bruen struck down “Proper Cause.” And that required Hochul and the State Legislature in Albany to strike the phrase from the Handgun Law. There was no way around that.But Hochul and Albany had no intention of complying with a ruling that would tear the guts out of a handgun Law that existed for well over a century and that, through time, grew increasingly elaborate and more oppressive.So Governor Hochul and Albany brushed the rulings aside, concocting the Concealed Carry Improvement Act (CCIA) of 2022 that gives lip service to Bruen and is, at once, consistent with the State’s end goal to transform the State, eventually, into one massive “Gun Free Zone.” Likely Hochul and Albany were working on the CCIA once the oral argument had concluded on November 3, 2021, having anticipated the High Court intended to shred the core of the Sullivan Act.The Hochul Government was prepared. The High Court issued its decision on June 23, 2022. Ten days later the State Senate enacted the “CONCEALED HANDGUN CARRY IMPROVEMENT ACT” (CCIA). Hochul signed it into law on the same day, July 3, 2022.That word, ‘Improvement,’ as it appears in the title of the Act is incongruous, even incoherent. For what is it the Act improves? Certainly not the right of the American citizen, residing and/or working in New York, and the Act did not comply with the Bruen rulings.The CCIA was a cleverly, cunningly drawn evasion tactic that strengthened the Handgun Law, consistent with an age-old plan.This plan, this agenda, involved the methodical, evisceration of gun rights—a plan going back over a century ago. The Hochul Government did not design the CCIA to comply with the rulings, except on a superficial level. The Court did not like the words, “PROPER CAUSE,” so the Government would strike those words from the Sullivan Act.Since the Hochul Government still had to contend with the salient ruling that the right of the people to keep and bear arms for self-defense is not confined to one’s home but extends to the public arena, the State would slither around the ruling. That was the intent of the Hochul Government, and the CCIA well reflected that intention. They did that through the creation of a new construct: “SENSITIVE PLACE” restrictions, and through a bold reconfiguration of an old one, “GOOD MORAL CHARACTER.”Through the CCIA Hochul and her cohorts in Albany laid bare their objective: Erosion of the civilian citizen’s right to armed self-defense outside the home, notwithstanding the import of the Bruen decision: recognition of the right to armed self-defense outside the home, no less than inside it.The CCIA was to take effect on September 1, 2022. The Act's challengers wouldn’t wait for that to happen.The ink had not yet dried on the CCIA document Kathy Hochul signed when the Plaintiffs came forward to challenge the amendments to the Gun Law. There would be others—most of them in New York, but several across the Country as well, challenging similar Gun Laws, the language of which is contrary to the Bruen rulings.Several New York cases, including the main one, i.e., Antonyuk vs. Nigrelli, presently sit on review at the U.S. Court of Appeals for the Second Circuit.Fully briefed, the Court conducted oral hearings for each of them, on March 20, 2023. Expect final orders during the summer months.

“SENSITIVE PLACE” AND “GOOD MORAL CHARACTER”

As we stated supra, two provisions of the CCIA stand out as they serve as the basis of the State’s defiance of the Second Amendment and the Bruen rulings: “SENSITIVE PLACE” and “GOOD MORAL CHARACTER.”The “Sensitive Place” provision is new. There is no correlation with it in the prior version of the Law or in any previous version, hearkening back to the commencement of handgun licensing in 1911 with the enactment of the Sullivan Act. Much has been said about the “Sensitive Place” provision and challenges to the CCIA invariably point to it.The “Good Moral Character” requirement, on the other hand, is not new.Little is said about it in the prior version of the Handgun Law. And, apart from mentioning it in Bruen, the High Court had nothing to say about it.As applied to applications for restrictive handgun premise licenses—and a multi-tiered Handgun structure remains in the New York Gun Law—there is no change from the prior Law.However, as applied to applications for concealed handgun carry licenses, the State Legislature added substantial and significant provisions—a massive transformation from what had existed before.A major distinction between the two provisions, “Sensitive Place” and “Good Moral Character,” needs to be mentioned and discussed before we proceed to a comprehensive analysis of the latter provision.

THE NUANCES OF “SENSITIVE PLACE” RESTRICTIONS

“Sensitive Place” restrictions affect holders of State concealed handgun carry licenses only, not those holders of highly restrictive premise handgun licenses —a point seemingly trivial. It isn’t.A holder of a premise license cannot lawfully utilize a handgun for self-defense outside the home or place of business, notwithstanding instances of dire threats to life presenting themselves outside the home or one’s place of business.The lawful use of a handgun for self-defense begins and ends within the confines of the walls of the structure.As if to emphasize the point, the holder of a home or business license, who wishes to transport his handgun outside the home, lawfully, must keep the handgun in a handgun case, not in a holster on his person. Ammunition must be kept in the case as well and separate from the handgun itself.This means that, if the holder of a restricted premise license were confronted by a deadly threat while out in public, the handgun won’t be readily accessible. And that is the point. And that is concerning for two reasons.First, a handgun case is easily identifiable as such.If the licensee is in a subway, say, on the way to a New York City target range, a determined and highly aggressive thief can strongarm the case away from the owner.In that event, the owner must immediately notify the NYPD of the fact of the theft, and he will likely be required to surrender his premise handgun license during the investigation. If the police fail to recover the handgun, the owner will likely be denied issuance of a replacement license, which is a condition precedent to lawful receipt of a new handgun. And to add insult to injury, the owner will likely be blamed for the theft having occurred. The police report will indicate that the owner had lost possession of the case, suggesting that, if the owner had been deficient in protecting the property, and, perhaps, should haven’t taken the handgun outside the home or place of business in the first instance.Second, if the licensee were threatened with violence to self and were able to access the handgun and successfully avert a tragedy to self by incapacitating the aggressor by shooting him, the licensee would lose his license. There is no question about that.Worse, the licensee would be prosecuted for misuse of the handgun.Worst of all, the aggressor would likely be charged with criminal assault and wrongful possession of a handgun, for the premise license doesn’t lawfully allow the licensee to wield a handgun in public. As if to emphasize this point, Governor Hochul made patently clear that Bruen doesn’t authorize a person to carry a handgun in public for self-defense. In other words, New York remains a Handgun Licensing State Par Excellence among Anti-Second Amendment fanatics.Further, if the aggressor died of his wounds, the licensee would be indicted for manslaughter or murder. That outcome isn’t merely likely. It is certain and inevitable.Under New York Law self-defense may be a perfect defense to a charge of manslaughter or murder if one didn’t initiate the aggressive act, but “armed” self-defense isn’t if the person appealing to it happens to use a handgun in the absence of a valid State issued concealed handgun carry license.This is true even if the perpetrator himself is armed and threatens to kill the innocent person.The idea that an innocent person cannot defend him or herself but for use of a handgun and would suffer indictment for unlawful homicide notwithstanding, is ludicrous. But that is the nature of New York law.Isn’t that the tacit point of a fundamental right of the people to keep and bear arms? And isn’t that the central point of the Bruen rulings?Raw abhorrence of firearms precludes rational debate over the right to armed self-defense in the face of imminent violent assault against self.In fact, even if the licensee does hold a valid concealed handgun carry license, that may not protect him from a charge of manslaughter or murder. The best that can be said about this is that at least the licensee is alive when he would otherwise be dead. But the ramifications of armed self-defense reflect the sad truth about living and working in New York.The Hochul Government’s aversion toward firearms and civilian citizen gun ownership is so strong that the New York Government begrudges the issuance of handgun licenses at all.And it gets worse. Of late, even where a handgun isn’t employed in self-defense, any use of self-defense that results in harm or death to an assailant may still result in a felony indictment. Recall the recent incident involving a retired Marine whom Manhattan DA, Alvin Bragg, brought a charge of manslaughter against. See, e.g., the article in Reuters. Even as violent crime escalates around the Country, especially in the major cities run by Democrat-Party administrations, the right to self-defense, armed or not, is under assault.The irony of an increasingly dangerous society, a wary, tentative police force post-Floyd George, and the incessant Government attack on Americans who would logically wish to carry a handgun for self-defense—since it is the most effective means available to defend one’s life—is both a disheartening and disorienting fact of life for those living or working in New York and in similar jurisdictions across the Country. That is what they must contend with.As if reading the minds of New Yorkers, the Hochul Government issued a reminder (actually a warning) to all New York residents, on June 24, 2022, one day after the Bruen decision came out, that New Yorkers should take care not to carry a handgun in public without a valid concealed handgun carry license, that Bruen hasn’t changed anything.“Governor Kathy Hochul today issued a reminder to gun owners that the U.S. Supreme Court's Thursday decision to strike down New York's concealed carry law does not mean New York State's licensure processes and rules do not need to be followed. It does not automatically give current residential permit owners the ability to carry guns outside the home. Gun owners are required by law to follow current restrictions.” Hochul made these remarks on June 24, 2023, one day after the publication of the Bruen decision.Hochul would have known that most of the amendments to the Handgun Law were already drafted and coming down the pike, momentarily. That meant the nuances and peculiarities of multi-tier Gun licensing Statutes would remain.And that raises the question, post-Bruen: Why would a person seek to acquire a restricted New York handgun premise license in lieu of a concealed handgun carry license? After all, didn’t the elimination of the “Proper Cause”/“Extraordinary Need” requirement make the acquisition of a concealed handgun carry license easier? Not really.Sure, the Hochul Government struck “Proper Cause”/“Extraordinary Need” from the Sullivan Act. But she remains stubborn and undeterred.Hochul continues to place roadblocks in the path of those individuals who wish to exercise their natural law right to armed self-defense. A plethora of sensitive place restrictions on lawful carry and use of a handgun for self-defense now plague holders of concealed handgun carry licenses: both new applications and renewals.The inclusion of the “Sensitive Place” provision and the “Good Moral Character” requirement in the CCIA operate essentially as stand-ins for “Proper Cause.”If the Hochul Government must acknowledge the right to armed self-defense outside the home no less than inside it, then the New York Government will place a plethora of obstacles in the path of those whom the State issues licenses to carry.The holder of such a license now finds himself constrained in the act of lawful carrying of a handgun and, therefore, constrained from lawfully using a handgun for self-defense in places that heretofore had no such restrictions.New York State, and New York City, especially, has become a patchwork quilt of places where the carrying of a handgun for self-defense—and therefore the use of it for self-defense—is illegal, notwithstanding the issuance of a concealed handgun carry license.Pre-Bruen, the only place restrictions pertained to were school zones and Federal and State Government buildings. The licensee knew that and avoided carrying a handgun in those areas and buildings. Now, the holder of a valid concealed handgun carry license must play a child’s game of  “Hopscotch”—kept mentally off-balance not precisely aware whether he and his handgun and the concealed handgun license he carries, are situated in a prohibited “Sensitive Place.” Did he miss a marker? What if he has to walk through or drive through a designated “Sensitive Place” to arrive at his destination? Must he detour around the area?The concealed handgun carry licensee must also keep in mind that “Sensitive Locations” are subject to revision. New restricted areas may be listed, and he must keep assiduously abreast of all amendments to those“Sensitive Place” restrictions.So then, “full carry” UNRESTRICTED handgun licenses no longer exist in New York. Under the CCIA, such “full carry” licenses, are constrained by numerous rigidly enforced place restrictions—which the Government may add to at any time.New York UNRESTRICTED “FULL CARRY” CONCEALED HANDGUN LICENSES are for all intents and purposes now reduced to RESTRICTED “LIMITED CARRY” CONCEALED HANDGUN CARRY LICENSES, most notably, on Manhattan Island.

NUANCES OF THE “GOOD MORAL CHARACTER” REQUIREMENT

The “Good Moral Character” requirement operates differently from the State’s “Sensitive Place” provision.The idea behind amendments to “Good Moral Character” as applied to applications for New York concealed handgun carry licenses is to dissuade an applicant from going through the hurdles of obtaining one.That is a strong inducement for the applicant to forego attempting to acquire such a license, opting instead for a restrictive premise license. That is why the Hochul Government has maintained the confounding multi-tiered handgun licensing structure post-Bruen.While there would appear, at first glance, no rational reason for a person to opt for a HIGHLY RESTRICTED New York premise handgun license Post-Bruen, the Hochul Government there are more than enough hurdles in place, making the acquisition of a RESTRICTED concealed handgun carry license no assured proposition, and the detailed information the CCIA mandates might cause a conscientious person to wish to refrain from divulging substantial details of his private life to the Government. In that case, a person might wish to forego the intricate, confusing, and intrusive process to obtain a concealed carry license and accept, instead, a New York premise handgun license.

INDIVIDUALS PURSUING A NEW YORK CONCEALED HANDGUN CARRY LICENSE MUST BE WILLING TO WAIVE THEIR FUNDAMENTAL RIGHT OF PERSONAL AUTONOMY AND PRIVACY, ALLOWING THE NEW YORK GOVERNMENT TO INTRUDE MERCILESSLY INTO EVERY ASPECT OF THEIR LIFE

For the individual undeterred in his quest to acquire a concealed handgun carry license, he must willingly accept Government interference with his fundamental right to privacy and autonomy.Application of this bolstered “GOOD MORAL CHARACTER” provision has a chilling effect on the First Amendment Freedom of Speech clause and on tacit Freedom of Association, and on the Fourth Amendment right of a person to be free from unreasonable searches and seizures. An Applicant must now waive those rights if he wishes to pursue the acquisition of a concealed handgun carry license.“GOOD MORAL CHARACTER” also butts up against one’s right to due process and equal protection under the Fourteenth Amendment—the very reason the U.S. Supreme Court struck down the“PROPER CAUSE” requirement.As applied to applicants for either highly restricted or restrictive premise handgun licenses only, the 2023 version of New York’s Handgun Law does not change anything. The CCIA reads as the prior version of the Gun Law read:NY CLS Penal §400.00(1):“Eligibility. 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. No license shall be issued or renewed except for an applicant (a) twenty-one years of age or older, provided, however, that where such applicant has been honorably discharged from the United States army, navy, marine corps, air force or coast guard, or the national guard of the state of New York, no such age restriction shall apply; (b) of good moral character, which, for the purposes of this article, shall mean having the essential character, temperament and judgement necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others (c) who has not been convicted anywhere of a felony or a serious offense or who is not the subject of an outstanding warrant of arrest issued upon the alleged commission of a felony or serious offense; (d) who is not a fugitive from justice; (e) who is not an unlawful user of or addicted to any controlled substance as defined in section 21 U.S.C. 802; (f) who being an a noncitizen (i) is not illegally or unlawfully in the United States or (ii) has not been admitted to the United States under a nonimmigrant visa subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not been discharged from the Armed Forces under dishonorable conditions; (h) who, having been a citizen of the United States, has not renounced his or her citizenship; (i) who has stated whether he or she has ever suffered any mental illness; (j) who has not been involuntarily committed to a facility under the jurisdiction of an office of the department of mental hygiene pursuant to article nine or fifteen of the mental hygiene law, article seven hundred thirty or section 330.20 of the criminal procedure law or substantially similar laws of any other state, section four hundred two or five hundred eight of the correction law, section 322.2 or 353.4 of the family court act, has not been civilly confined in a secure treatment facility pursuant to article ten of the mental hygiene law, or has not been the subject of a report made pursuant to section 9.46 of the mental hygiene law; (k) who has not had a license revoked or who is not under a suspension or ineligibility order issued pursuant to the provisions of section 530.14 of the criminal procedure law or section eight hundred forty-two-a of the family court act.”The above requirements apply to the issuance of all New York handgun licenses: the highly restrictive premise home or business license and the concealed handgun “full carry” license.Note that the requirements set forth in the aforesaid section of the Handgun Law mirror the requirements of Federal Law, 18 USCS § 922, but also, in some instances, as illustrated in the State law, go well beyond what counts as a disability under Federal law. But understand——

FEDERAL LAW DISQUALIFIERS FOR POSSESSING A FIREARM DO NOT INCLUDE A GOOD MORAL CHARACTER REQUIREMENT. NEW YORK LAW DOES.

The requirement is both inherently vague and markedly, nakedly subjective.How does a licensing officer determine an applicant has “the essential character, temperament, and judgment necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others”? If the individual falls into a Federal disability—for example, the individual has been involuntarily committed to a mental asylum, has a felony conviction, or having served in the military, has received a dishonorable discharge—the licensing officer will point to the disability and likely add the applicant lacks the necessary character to be trusted with possession of a handgun or with the possession of any firearm. But then, a claim of lack of proper character and temperament adds nothing to a notice of denial to issue a handgun license. THE REQUIREMENT IS REDUNDANT.But, if the licensing officer does not specify a disability in the notice of denial apart from the assertion that, in the licensing officer’s opinion, the applicant lacks proper character and temperament, then, in the absence of a factual basis for such a finding, other than mere recitation of subjective, personal opinion, a Court of competent jurisdiction would likely find the decision to be arbitrary and capricious.But an applicant would have to go through the lengthy, arduous, and costly process of filing a New York “ARTICLE 78” action, challenging the licensing officer’s decision, to obtain relief from a Notice of Denial to Issue a License.That has always been a problem with the use of a Character requirement in the Handgun Law. But, prior to the enactment of the CCIA, the requirement never posed a viable problem.The licensing officer wouldn’t point to the absence of proper character and temperament EXCEPT if the denial were grounded on an objective disability. Recitation of the disability would suffice to deny the issuance of a handgun license. But, of itself, recitation of lack of proper character would not suffice to support a notice of denial to issue a handgun license. Lack of Good Moral Character was, heretofore, in New York, neither a necessary nor sufficient condition to obtaining a license.The Licensing Officer might append his Notice of Denial with a finding that the applicant lacks proper temperament and character, but its inclusion would not add anything portentous to the Notice of Denial.An Article 78 judicial action challenging the Notice of Denial would address the license officer’s litany of disabilities—discrete and specific matters. For, it would be on the basis of the disabilities that character objectively comes into play. Still, one might make the case that severe mental illness, severe enough to require institutionalization is not of itself demonstrative of “BAD MORAL CHARACTER,” any more than a person having a serious heart condition, or cancer, should be considered to have “BAD MORAL CHARACTER” due to illness.Where a person has committed a serious crime due to mental illness (for example, a person is found not guilty by reason of insanity), a case may or not be made out that such a person has “BAD MORAL CHARACTER.” It is a gray area. But, in any event, the New York licensing officer would refuse to issue a handgun license to that person. The issue of “GOOD” or “BAD” MORAL CHARACTER is really irrelevant in that case.Moreover, by itself, the issue of “CHARACTER” counts for nothing. And yet, for those individuals now applying for a concealed handgun carry license, this elusive and illusive provision becomes a new highly ramped-up basis to deny issuance of a handgun license. It is even more subjective, and just as arbitrary, as New York’s old “Proper Cause” requirement.Like the multi-tier structure of handgun licensing, the inclusion of a character requirement in the Handgun Law has itself developed into a complex multi-tier structure.The requirement for those applying for a concealed handgun carry license, the “GOOD MORAL CHARACTER” requirement established for application for a highly restricted handgun carry license is now merely the first step in a two-step process to demonstrate to the satisfaction of the licensing authority, that the applicant has the proper character to be issued a concealed handgun carry license.Post-CCIA, NY CLS Penal §400.00(1)(o):“for a license issued under paragraph (f) of subdivision two of this section the applicant shall meet in person with the licensing officer for an interview and shall, in addition to any other information or forms required by the license application submit to the licensing officer the following information: (i) names and contact information for the applicant’s current spouse, or domestic partner, any other adults residing in the applicant’s home, including any adult children of the applicant, and whether or not there are minors residing, full time or part time, in the applicant’s home; (ii) names and contact information of no less than four character references who can attest to the applicant’s good moral character and that such applicant has not engaged in any acts, or made any statements that suggest they are likely to engage in conduct that would result in harm to themselves or others; (iii) certification of completion of the training required in subdivision nineteen of this section; (iv) a list of former and current social media accounts of the applicant from the past three years to confirm the information regarding the applicants character and conduct as required in subparagraph (ii) of this paragraph; and (v) such other information required by the licensing officer that is reasonably necessary and related to the review of the licensing application.”It isn’t clear whether only one, or two, or all five requirements listed above all fall into the sphere of “Good Moral Character” and we must wend our way through the thicket to get a handle on this.To begin, it is odd to require more than one standard of proper character in the State’s Handgun Law.Logically, if a person cannot be deemed to have sufficient good character to possess a handgun at all, what does it mean and why should it matter to require more of one’s character to carry a handgun in public?Surely, if a “Character” requirement is going to be posited at all, then it follows that a person either has the proper character and temperament to possess a handgun or does not. This is not to suggest that a person should be required to demonstrate special Character traits. Indeed a person can have bad character, but, unless he is a blatant threat to others, a licensing authority should not wield one’s Character as a sword against him.The problem here rests with the Government licensing of handguns. The multi-tier handgun scheme that New York has constructed around which the Government creates ridiculous requirements to justify, or rationalize, the need for such a tiered structure, only makes the entire notion of “CHARACTER” more ridiculous. But, to employ a “CHARACTER” provision in a licensing scheme at all is just “nuts.”Government creates handgun licensing schemes and then interjects requirements that beg the question of whether Government should be in the game of licensing exercise of a fundamental right at all.Sure, a person requires a license to practice law or to practice medicine, but, while a person does enjoy a basic (we would argue an unenumerated Ninth Amendment) right to make a living, and, in fact, has a duty to provide for himself and for his family, so as not to be a burden on himself and on society, a person does not have a Constitutional right to practice law or medicine.And the professions, not the Government, regulate whether one has the proper character to practice law or medicine, anyway. If a professional Board sitting on review of a person’s character does not believe a candidate has the proper character, the Board will not allow a person to sit for the Bar Exam or, in the case of the medical profession, to sit for the Medical Licensing Examinations. These exams are necessary conditions precedent to acquire a State License to practice law or medicine.But the inclusion of a “Good Moral Character” requirement as a condition precedent to obtaining a license to exercise the fundamental right to armed self-defense is bizarre, and, in practice, application of the requirement adds nothing substantive, definitive, or even rational to the process. Application of the requirement merely reflects the personal bias of the licensing authority.And there never was anything substantive about it. It is just a makeweight, and wholly subjective.The Federal grounds for disqualification are sufficient,* as they are, for the most part, objective and tend to preclude the insinuation of personal bias, conscious or not, into the process of adducing whether one can or cannot possess a firearm. The instant background check undertaken at a firearms dealer is enough.The mindset of the Hochul Government is crucial in analyzing and evaluating these new requirements in the CCIA.We will delve into this in the next article, beginning with whether New York makes use of this thing, in other State Statutes. It does. And we will take a look at how other States that have such a provision, utilize it, and lay out our arguments in support of the remarks made herein that there is no justification for employment of “GOOD MORAL CHARACTER” in New York’s Handgun Law.____________________________________*We must stress, consistent with prior statements made in previous articles, that our position is that, despite the seeming contradiction, the natural law right to armed self-defense is absolute.

But does this mean that all individuals should possess a firearm if they wish? The term ‘absolute,’ means ‘unqualified,’ and ‘without restriction.’ This logically entails the proposition that the natural law right to armed self-defense is an unqualified right of man, hence a right, without restriction.

But refer back to the word, ‘should,’ in the afore-referenced question, “Should all individuals possess a firearm if they wish? Further to the point, should there be some limitation on who possesses a firearm?

The word ‘should’ changes a proposition into a normative, moral statement that does not readily fall into the basic “true”/“false” paradigm. Our position is that pragmatic considerations require tough choices when it comes to who “should” “be allowed” to possess a firearm. That ultimately means some people, for pragmatic reasons, “should not” be permitted to possess guns.

Murderous psychopaths and psychotic maniacs fall into categories of individuals who should not possess firearms because their use of firearms is not limited to self-defense or for such benign purposes as hunting, target practice, or sport, such as skeet or trap-shooting, or Olympic events. And, recall the codification of the natural law right to armed self-defense (subsumed into “self-defense”/“self-preservation”) as the core predicate of the right, eliminating, then, use of firearms to commit murder or to threaten murder or other violence.

Federal Law also prohibits “illegal aliens” from possessing firearms. And that is right and proper. The United States is a Nation State, with physical geographical borders, comprised of citizens, whose allegiance, whether they accept it or not, is to the Nation—its Constitution, history, heritage, culture, ethos, and core ethical values.

By definition, an ‘illegal alien,’ is a person who intentionally defies our National geographical Integrity, our Constitutional integrity, and our Laws. His allegiance is not to our Country, nor to our Constitution. Therefore he, like a murderer, is a threat to our natural law right to self-defense, and therefore is prohibited from possessing a firearm, and, from a normative perspective, “ought” rightfully to be prohibited from possessing a firearm.

“Mental Defectives” are another category of individuals that are not in a position to be trusted with a gun as a very young child, as they pose a threat to others if they have access to a firearm. And as for those members of the armed forces who have been dishonorably discharged, they have brought dishonor on their Nation and on themselves and have demonstrated an inability to be trusted with a firearm, as, by definition, they pose a danger to the Nation, People, and Constitution.

But how far should these pragmatic bases to deny possession of firearms extend? The Government itself exists to preserve and protect the Constitution and provide for the common welfare of the citizens.

But Government is naturally inclined—given the power it wields—to subvert those ends, usurping the sovereignty of the American people.

The Biden Administration has disdainfully, unabashedly usurped the sovereignty of the American people and has deliberately, and maliciously failed to faithfully serve and protect the Nation, and has intentionally, malevolently, and spitefully, ignored enforcement of the Laws of the Land. And the Administration has gone further yet: coldly, callously, designing and implementing policy for the purpose of subverting and sabotaging the Laws of the Land.

It is not by accident this Administration has deliberately thwarted the citizenry's exercise of their Bill of Rights. The Administration has designed and implemented policy systematically designed to weaken the right of the people to keep and bear arms.

The Biden Administration is hell-bent determined to dismantle the institutions of our Country, to destroy our history, heritage, culture, and Judeo-Christian ethical values, fully embracing a Tyranny to thrust upon the Nation. And Democrat Party-controlled State Governments across the Country have taken the policy positions and messaging of the Biden Administration to heart: zealously following in the Administration’s footsteps, designing and implementing similar policies, all with the aim of destabilizing society, destroying the economy, demoralizing the people, and promoting all matter of vices against God, Country, and People.

It is but an understatement to assert that neither the Federal Government nor many State Governments are the best arbiter to decide how or whether the natural law right to armed self-defense is to be exercised.

As we see most clearly today, Government tends, through time, to institute more and more restrictions on who may “lawfully” possess firearms, and places ever more draconian restrictions on the types, kinds, and quantity of firearms and ammunition one may possess, and on the component parts and paraphernalia a person may “lawfully” keep.

The Arbalest Quarrel has discussed this notion of ‘Tyranny’ in some depth, in previous articles and we will have much more to say about it and will do so in future articles. We will also deal at length with the notion of ‘absoluteness’ of our natural law rights and lay out further how that concept can be seen to cohere with a seeming logical inconsistency of ‘limitation’ placed on absoluteness in the exercise of natural law rights, utilizing “pragmatic realism” and “normative principles” to secure the Bill of Rights for all time, notwithstanding the strong desire and goal of the Neo-Marxist Internationalists and Neoliberal Globalist Empire Builders that insist the U.S. Constitution's Bill of Rights is archaic, unworkable, and, therefore, must eventually be eliminated, as part of their major overhaul of this Nation’s  Constitution.

___________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

NEW YORK’S “SENSITIVE PLACE” RESTRICTION IS A TRAP FOR UNWARY HOLDERS OF CONCEALED HANDGUN CARRY LICENSES

In an article published in Ammoland Shooting Sports News, the NRA-ILA asserts,“Since the District of Columbia v. Heller decision in 2008, gun control advocates have parsed every word of Justice Antonin Scalia’s opinion for ways in which to continue their campaign against the Second Amendment. Relying on creative interpretations of dicta, these activists try to twist the landmark gun rights ruling into an endorsement of their anti-gun policies.An example of these efforts is on display in the NRA-supported case New York Rifle & Pistol Association v. Bruen. The case concerns the validity of New York’s discretionary carry licensing regime, where law enforcement is tasked with determining if an applicant has “proper cause” to carry a firearm for self-defense.”That article came out on March 7, 2022, about four months before the U.S. Supreme Court came out with Bruen.The NRA-ILA is correct. Anti-Second Amendment activists do twist legal opinions.Heller held, “The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.”Attempting to secure a loophole, the City of Chicago said the Heller ruling serves as a limitation on the Federal Government, not the States.McDonald shot that idea down, holding “the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller.”Did Anti-Second Amendment zealots accept defeat? No. It just invigorated them, even enraged them.They argued the right to armed self-defense in the home does not extend to the public arena, and energetically pushed that idea, frustrating Americans who sought to exercise their right to armed self-defense wherever they happened to be. Note: there is nothing in the Second Amendment that so much as suggests that the natural law right to armed self-defense is confined to one's home or to some specific place. The natural law right to armed self-defense goes with the man wherever he happens to be. That is basic common sense. The right of self-preservation is not meant to be applied to this or that place, but, rather, it applies to all places and at all times. The right to armed self-defense simply means that a person has the right to use the best, most effective means available to defend his life and that of his family when the need arises. And for the last several hundred years the most effective means available to defend one's life is that provided by a firearm. No one can rationally dispute that. In fact, those activist groups, individuals, and governments that rail against civilian citizen armed self-defense implicitly acknowledge the efficacy of a firearm over any other implement. It works! Compare a firearm to any other instrumentality: knife, bat, golf club, bow and arrow, bullwhip, pepper spray, mace, whistle, air horn, cowbell, arms and legs, stun guns, taser, baton, self-defense keychain, proficiency in martial arts, et cetera. Nothing else comes close in immediate effectiveness for the average person, trained in the use of a firearm for self-defense, and prepared to use it when the need arises.Associate Justice Thomas, writing for the majority, made clear:“The constitutional right to bear arms in public for self-defense is not ‘a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.’ We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.New York’s proper-cause requirement violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms.”Looking for loopholes in High Court Second Amendment rulings and reasoning has become progressively more difficult for activist Democrat-Party-controlled Governments, true. But they are a creative, resourceful, and crafty bunch.Like the Devil, they always attempt to outmaneuver and outwit the U.S. Supreme Court.The result is a constant dizzying merry-go-round of government action infringing the core of the right.And that, in turn, leads inevitably to challenges to the governmental action and to U.S. Supreme Court rulings striking down an unconstitutional action.What follows is yet more governmental action, looking for loopholes in the Court rulings that might allow for constraints on the exercise of the natural law right, and on, and on, and on. . . .In Bruen, the Hochul Government placed a ‘bug in the ear’ of the High Court.In its Brief in support of the State’s “Proper Cause” requirement, the Hochul Government mentioned the need for “Sensitive-Place”   restrictions even though, at the time, curiously, the Consolidated Laws of New York never made mention of such “Sensitive-Place” restrictions.Was this use of the expression ‘Sensitive-Place’ restriction, in the Government’s Brief, a “motif” for salvaging the State’s concealed handgun carrying regime in anticipation of a negative U.S. Supreme Court ruling?If so, did the Court see through this and hope to get the upper hand on it, or did it fall into a stratagem devised by the Hochul Government that intended to use, and did make extensive use of, this ‘sensitive-place’ motif? It isn’t clear.Justice Thomas made much of it, opining, on behalf of the Court’s majority, “Although we have no occasion to comprehensively define ‘sensitive places’ in this case, we do think respondents err in their attempt to characterize New York’s proper-cause requirement as a ‘sensitive place’ law. In their view, ‘sensitive places’ where the government may lawfully disarm law-abiding citizens include all ‘places where people typically congregate and where law-enforcement and other public-safety professionals are presumptively available.’ It is true that people sometimes congregate in ‘sensitive places,’ and it is likewise true that law enforcement professionals are usually presumptively available in those locations. But expanding the category of ‘sensitive places’ simply to all places of public congregation that are not isolated from law enforcement defines the category of ‘sensitive places’ far too broadly. Respondents’ argument would in effect exempt cities from the Second Amendment and would eviscerate the general right to publicly carry arms for self-defense that we discuss in detail below. Put simply, there is no historical basis for New York to effectively declare the island of Manhattan a ‘sensitive place’ simply because it is crowded and protected generally by the New York City Police Department.”This did not stop the Hochul Government. On the contrary, the Government included it in the CCIA.“Sensitive-Place” restrictions, along with a bolstered “Good Moral Character” requirement (that the Court did not address), are a mainstay of the “Concealed Handgun Improvement Act” (“CCIA”), amending the State’s Handgun Law.It would seem the Hochul Government, predicting a challenge to the CCIA, intends to reiterate the need for “Sensitive-Place” restrictions.Further, the Government plans on arguing that the CCIA’s “Sensitive-Place” prohibition complies with the U.S. Supreme Court’s concerns. But does it?One thing is clear: The Hochul Government would expect to see a sharp increase in filings for a State concealed handgun carry license, and the “Sensitive-Place” restriction provision is meant to lessen the impact of issuing a substantial number of concealed handgun carry licenses—unheard of prior to Bruen—thereby weakening the State’s Handgun Licensing regime.In fact, as of August 2022, just two months after the Bruen decision came down, The New York Times reported a 54% increase in applications for concealed handgun carry licenses.New Yorkers desirous of obtaining a concealed handgun carry license do feel they are much more likely to have their applications approved after the Bruen decision than at any time prior to Bruen.In theory that’s true, assuming they can contend with the bolstered “Good Moral Character” requirement the Court did not address, and assuming they don’t mind waiving their right under the Fourth Amendment’s freedom from unreasonable searches and seizures clause.Do applicants really believe that the acquisition of a concealed handgun carry license is a godsend? Likely they do. But is it, really?There’s a catch. There’s always a catch, and the catch now rests on this notion of ‘Sensitive-Place’ restrictions.The licensing of concealed handgun carry goes to the heart of New York’s licensing regime—going all the way back to the Sullivan Act of 1911 that started the thing.The New York Government has no intention of allowing the defeat of the machinery of handgun licensing that's been in place for well over a century—much less being itself the agent of the New York licensing regime's own destruction. The agenda of the New York Government is to make the acquisition of concealed handgun carry licenses increasingly more difficult and onerous, as time goes on, not less so. The U.S. Supreme Court rulings fly in the face of that effort. The Hochul Government zealots will not allow the U.S. Supreme Court to waylay the State's singular campaign against—and, in fact, obsession directed to thwarting—civilian citizen exercise of the natural law right to armed self-defense, in New York. That explains the Hochul Government's brazen defiance of the U.S. Supreme Court along with its visible contempt for the Court's conservative majority.New Yorkers who think they now see a new golden era emerging in New York gun law matters with the publication of the Bruen decision, may be sadly mistaken. They should be a little less cheerful and gullible, and a little more watchful and reflective, regarding their expectations. In their exuberance to acquire a concealed handgun carry license, first-time applicants don’t see potential problems. But they will unless the ‘Sensitive-Place’ provision in the CCIA is struck down. At the moment the CCIA is active, and that includes the ‘Sensitive-Place’ provision. But for a couple of minor ‘Sensitive-Place’ suspensions, the CCIA is enforceable, and the Hochul Government IS enforcing it. Acquisition of a concealed handgun carry license may leave much to be desired. License holders may find that a seemingly unrestricted concealed handgun carry license is very much restricted, offering much less than what was anticipated and what was sought, and leaving the licensee vulnerable to arrest if he isn't very, very careful and mindful of where he happens to be carrying a handgun while out in public. And he must be extraordinarily careful of displaying it, always asking himself if, one, a threat to life is genuine and imminent and, two, if he is presenting a gun in a designated, non-sensitive place. At the end of the day, the licensee may be left asking himself—— “What’s the point of acquiring a license to carry a concealed handgun if I face severe constraints on where I can lawfully carry it for use in self-defense, as the need arises, and if the need is real enough to satisfy a Court of law.” In a State plagued by a high incidence of random violent assaults—especially in New York City—the need for an effective means of self-defense, a handgun is acute. See the March 27, 2023 article in the New York Post. But, when residing and/or working in a jurisdiction that abhors firearms and that maintains a jaundiced view of the armed civilian citizen, Courts will demonstrate leniency toward the depraved criminal, and throw the book at the average, responsible, rational, law-abiding citizen. Such is life and justice in New York's major cities. That explains the reason for escalating violence and the irony. The criminal remains undeterred, even encouraged to commit violence. And the innocent victim of random, violent crime, is often resigned to his fate—hoping the odds play in his favor, that someone other than him will be the victim of random violence—or trusts that his concealed carry license, if he does acquire it, will provide him, at last, the ability to avoid being the victim. But the Hochul Government is doing the licensee no favors.The New York Government may issue more concealed handgun carry licenses, sure, but licensees are now severely hampered in where they can carry it and, therefore, where they can lawfully use it if the need should arise.This means that the era of issuance of true New York “unrestricted” concealed handgun carry licenses is, at this moment in time, at an end, for all civilian citizens whether applying for a new license or for the renewal of an existing license. The impact of the issuance of more licenses serves only to dilute their utility.There is no “grandfathering in” of issuance of true unrestricted carry licenses for those holders of licenses acquired under the old “Proper Cause” standard. Every licensee is in the same boat.The holder of a freshly minted State concealed handgun carry license, under the CCIA, would do well to talk to those individuals who have heretofore held valid “unrestricted” concealed handgun carry licenses under the “Proper Cause” standard. Those days are over as long as the CCIA remains in effect.  And it remains to be seen how the U.S. Court of Appeals for the Second Circuit will decide Antonyuk vs. Nigrelli, which involves a major challenge to the CCIA. New York has become, under the CCIA, a massive patchwork quilt of designated restrictive ‘Sensitive-Places.’ A licensee will need to carry a map, demarcating all those areas in New York where he can and cannot lawfully carry a handgun. Worse, “Sensitive-Place” restrictions are subject to amendment which means “subject to constant expansion.”This is more than problematic. It’s potentially unnerving for law-abiding New Yorkers who have newly minted concealed handgun carry licenses—especially for those New Yorkers residing and/or working in New York City. See the article in the world population review. New York City's 2023 population stands at 20,448,194, hardly an insignificant number.“Nearly 43% of New York state's population live in the 305 square miles that comprise New York City. The next largest city in the state of New York is Buffalo, with just over 250,000 residents. This means New York City is over 33 times larger than the second largest city in New York.” 

RURAL COUNTY SHERIFFS ARE NO LESS IN A BIND THAN MUNICIPAL POLICE IN COPING WITH THE CCIA

The U.S. Court of Appeals for the Second Circuit is presently reviewing a challenge to the constitutionality of “Sensitive-Place” restrictions and other provisions of the CCIA, in the parent post-Bruen New York case, Antonyuk vs. Nigrelli, and related cases.The U.S. Supreme Court, having lifted the stay on enforcement of the CCIA that the lower U.S. District Court for the Northern District of New York had granted, has allowed enforcement of the CCIA during the Second Circuit Court’s review of the merits of the case.The Second Circuit had reversed the District Court’s stay of enforcement.The High Court agreed to the lifting of the stay, not because it thought the District Court was wrong in having issued it, but out of deference to the Second Circuit, as the High Court acknowledged in its Order.*Major portions of the CCIA are unconstitutional: in particular, the “Good Moral Character” requirement and the “Sensitive-Place” restriction designations. There’s no doubt about any of this. The District Court made a convincing argument for this. That was the basis for the Court’s issuance of a preliminary injunction—which is no easy thing for a party to obtain given the requirements for convincing a Court to grant one.If the Second Circuit, on review, fails to strike down those unconstitutional provisions, the Plaintiffs will appeal that negative ruling to the High Court. And the High Court will take that appeal up, as it must since the CCIA not only infringes the core of the Second Amendment, but it is a blatant affront to, and contemptuous of, the Bruen rulings.But what happens when law enforcement sees the CCIA colliding with the Bill of Rights, during the pendency of the Antonyuk case?That may not concern the State Police and major city police officers, but it does present a problem for New York’s County Sheriffs, like Fulton County Sheriff Richard Giardino. See the Arbalest Quarrel article posted on our website on March 15, 2023, and reposted in Ammoland Shooting Sports News, on March 20, 2023, we explored how Sheriff Giardino contends with a conundrum.After all, the CCIA may be “THE LAW OF THE STATE” since 2022, but the “BILL OF RIGHTS” is “THE LAW OF THE LAND and it has been so since 1791.The CCIA must take a backseat to the stricture of natural law, as codified in the Bill of Rights.Where there is a conflict, Sheriff Giardino will always follow the dictates of the Bill of Rights of the Constitution, not State law. But doing so amounts to chancing to incur the wrath of the Governor. What can she do against perceived recalcitrant Sheriffs?Governor Hochul has no authority to remove rural Sheriffs, at will. For they are elected by and are therefore beholding to the people of the County that elected them.But Hochul may, pursuant to the consolidated laws of New York, bring a civil suit against a Sheriff who refuses to comply with the CCIA, claiming malfeasance in office. Such an action will bring to bear a clash between a Sheriff’s duty to uphold the U.S. Constitution versus a duty to uphold State law as ordained by the Governor._____________________________

THE “SENSITIVE PLACE” PROVISION OF NEW YORK’S CCIA IS A TRAP FOR HOLDERS OF CONCEALED HANDGUN CARRY LICENSES

CONTINUATION OF INTERVIEW OF NEW YORK FULTON COUNTY SHERIFF RICHARD GIARDINO

PART TWO

Sheriff Giardino has repeatedly and pointedly asserted that when or if State law conflicts with the United States Constitution, his duty, as Sheriff, is to uphold the Constitution, which he has taken an oath to faithfully serve.He has not taken an oath to serve the interests of the State’s Governor, and there is no implicit requirement that he do so either.But then, is a given “Sensitive-Place” prohibition on lawful carry, inconsistent with the U.S. Constitution? How can a law enforcement officer know? That places the law enforcement officer in a quandary. And that is but one puzzling question to be resolved. The Sensitive-Place prohibition on the carrying of a concealed handgun raises another more obscure question.There are nuances and fuzzy areas connected with “Sensitive-Place” restrictions.In some cases what may at first blush seem to be a place where a holder of a valid concealed handgun carry license may lawfully carry his handgun turns out, on analysis, to be a “Sensitive-Place,” where a person cannot lawfully carry a handgun, after all.This places County Sheriffs in a quandary and under considerable strain.No less so it places the holder of a license in a precarious situation.That person is in danger of being cited for carrying a handgun in a “Sensitive-Place” even if this occurred innocently, and inadvertently.He then faces revocation of his license. He must surrender his handgun and any other firearms, rifles, or shotguns he may happen to possess. And he faces a serious misdemeanor charge.Sheriff Giardino’s observation provides an apt example of the problem.Although he wouldn’t take such drastic action against a person for engaging in an inadvertent slip-up, a person facing scrutiny in New York City would likely not be so fortunate.Sheriff Giardino says,“We’re not going to just arrest someone who carries concealed into a barbershop he has been going to his entire life. We’ll inform the person what the law now says and then we’ll focus our resources on actual criminals.” About carrying a handgun into a barbershop, Sheriff Giardino isn’t jesting.The ubiquity and ambiguity of New York’s Handgun Law carries over into the operation of other New York laws—creating entanglements that the average licensee wouldn’t be aware of. And many law enforcement officers may not be aware of the intricacies of the laws, either.We know. We delved into this. This is what we found——The notion of ‘Sensitive-Place’ as a legal restriction means the holder of a valid concealed handgun carry license cannot lawfully carry his handgun in a “Sensitive-Place” under the Handgun Law, codified in NY CLS Penal § 400.00 (19): “Prior to the issuance or renewal of a license under paragraph (f) of subdivision two of this section, issued or renewed on or after the effective date of this subdivision, an applicant shall complete an in-person live firearms safety course conducted by a duly authorized instructor with curriculum approved by the division of criminal justice services and the superintendent of state police, and meeting the following requirements: (a) a minimum of sixteen hours of in-person live curriculum approved by the division of criminal justice services and the superintendent of state police, conducted by a duly authorized instructor approved by the division of criminal justice services, and shall include but not be limited to the following topics: (i) general firearm safety; (ii) safe storage requirements and general secure storage best practices; (iii) state and federal gun laws; (iv) situational awareness; (v) conflict de-escalation; (vi) best practices when encountering law enforcement; (vii) the statutorily defined sensitive places in subdivision two of section 265.01-e of this chapter and the restrictions on possession on restricted places under section 265.01-d of this chapter; (viii) conflict management; (ix) use of deadly force; (x) suicide prevention; and (xi) the basic principles of marksmanship; and (b) a minimum of two hours of a live-fire range training course.”The expression, ‘Sensitive-Place’  as mentioned in NY CLS Penal § 400.00 (19)(vii), is defined in a new section of the Penal Code: CLS Penal § 265.01-e. The expression, ‘Sensitive-Place’  is a legal term of art, not previously defined in New York law.Subsection CLS Penal § 265.01-e (2(b)) says, “any location providing health, behavioral health, or chemical dependance care or services” is a “Sensitive-Place.”Proceeding with our inquiry, further, we ask,“Is a barbershop considered a place “providing health” services?” If so, then it comes under New York’s public health code, NY CLS Pub Health § 225. The Health Code section, NY CLS Pub Health § 225, includes all places subject to the Sanitary Code, and the Sanitary Code IS part of the Health Code.Subsection 5(A) of the Sanitary Code says, “The sanitary code may: (a) deal with any matters affecting the security of life or health or the preservation and improvement of public health in the state of New York, and with any matters as to which the jurisdiction is conferred upon the public health and health planning council. . . .”We must now determine whether New York barbershops are subject to the “Sanitary code.” They are.NY CLS Gen Bus § 436, governing barbershops exclusively, says,“All barber shops shall be maintained and operated in accordance with the provisions of the state sanitary code, except in the city of New York where the city health code shall apply, and all licensees or persons employed or engaged therein or in connection therewith shall comply with the provisions of such rules.”So, then, Sheriff Giardino is correct in his supposition/inference.Under New York law, the holder of a valid New York State concealed handgun carry license cannot lawfully carry his handgun into a barbershop. Carrying a handgun, or any firearm, rifle, or shotgun into a barbershop falls within the purview of the CCIA, even if the expression “barbershop” isn’t specifically mentioned in CLS Penal § 265.01-e (2(b)). Application of other New York State Code sections makes categorically and conclusively clear the prohibition on carrying a concealed handgun into a barbershop, notwithstanding that a person holds a valid concealed handgun carry license. A barbershop falls into the category of a restricted “Sensitive-Place.”A holder of a valid license carrying a handgun in a barbershop in Fulton County need not be concerned about an arrest, but what if that person is carrying a handgun into a barbershop in New York City, and an NYPD officer notices that? How many other little traps exist—a preponderance of “Sensitive-Places” that a holder of a valid concealed handgun carry license is unaware of and that many law enforcement officers may not be immediately aware of, also?These little snares can get a licensee in a whole heap of trouble.Sheriff Giardino knows this full well and these problems trouble him. Complex Gun laws are vexing. Often, problem areas aren’t perceptible until after these laws take effect. And, if they work against the individual who wishes to exercise his natural law right to armed self-defense, the activist Government finds that a pleasant surprise, and is perfectly content with it.The expression, ‘Sensitive Place,’ never appeared in the Consolidated Laws of New York, prior to the enactment of the CCIA. And now that it has become a fixture in the law—possibly, hopefully, subject to remedial Court action—it is something that becomes, for the Hochul Government, a useful instrument for defeating the benefit that having a valid concealed handgun license was intended to provide holder.Prior to the CCIA, holders of “unrestricted” concealed handgun carry licenses could carry their handguns in “Times Square,” but no longer because “Times Square” is now a “Sensitive-Place.”But how large is this area colloquially referred to as “Times Square?” What does the area encompass? The expression itself is now a legal term of art.NY CLS Penal § 265.01-e (2)(t) says this:“For the purposes of this section, a sensitive location shall mean: the area commonly known as Times Square, as such area is determined and identified by the city of New York; provided such area shall be clearly and conspicuously identified with signage.”So, Mayor Eric Adams and the City Government determine the size of the area—expanding it or reducing it at will, like an accordion.The CCIA is designed to keep the holder of a valid concealed handgun carry license off-balance.And, once again, an activist government’s unconscionable, unconstitutional Anti-Secondment action is headed for the U.S. Supreme Court. A fourth seminal Second Amendment case is in the making with Antonyuk vs. Nigrelli, and it is not likely to be the last.If the High Court is going to get a handle on this gamesmanship of activist Governments—Federal, State, or local—it must end or severely constrain government licensing. This won’t, of course, stop further attempts by Anti-Second Amendment zealots to constrain the natural law right to armed self-defense. But it’s a good start.The Court has heretofore been hesitant to take on handgun licensing schemes directly and aggressively.In Bruen, the Court began to look at New York’s unconstitutional handgun licensing regime by striking down the “Proper Cause” requirement. But that at best was merely a half-hearted attempt, likely attributable to the actions of Chief Justice John Roberts, and with the urging or connivance of the Court’s liberal wing.The Court’s conservative wing must now exert its will.Antonyuk vs. Nigrelli is likely to come before it after the Second Circuit issues its final, appealable order.Associate Justices Thomas and Alito must exert maximum pressure on John Roberts, if the opportunity presents itself, to review New York’s Handgun licensing regime straightforwardly, unswervingly, and aggressively.The Court cannot just tinker around the edges as it has done in Bruen. That only emboldens activist Governments as we have seen.The fundamental, unalienable right to armed self-defense is not subject to negotiation. The U.S. Supreme Court has a duty to give effect to the Bill of Rights as the framers of the Constitution intended.We are at a pivotal juncture in our Nation’s history. The Biden Administration has made inroads into the High Court’s independence by seating Neo-Marxist Ketanji Brown-Jackson on the Court.Her aim is that of her sponsors: to eliminate the exercise of our natural law rights. It is not to strengthen them.Do we really want to see Merrick Garland joining her on the Bench at some point—and others like those two? That could happen.What then becomes of our sacred rights and liberties in this seemingly “free Constitutional Republic.”____________________________________

*FURTHER BACKGROUND OF PARENT CASE, ANTONYUK VERSUS NIGRELLI, ON APPEAL TO THE U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT

Major portions of the CCIA are unconstitutional: in particular, the “Good Moral Character” requirement and the “Sensitive-Place” restriction designations. There’s no doubt about any of this. The U.S. District Court for the Northern District of New York, made a convincing argument for this in Antonyuk vs. Nigrelli, which the Hochul Government appealed to the U.S. Court of Appeals for the Second Circuit. The appeal concerned the District Court’s issuance of a preliminary injunction, staying enforcement of the CCIA, pending resolution of the case on the merits. It is is no easy task for a party to obtain a preliminary judgment under any circumstances, given the rigorous requirements that must be met before a Court will grant a preliminary injunction. The fact that Plaintiffs, present holders of valid New York concealed handgun carry licenses, were able to convince the District Court of the necessity for a stay on enforcement of the CCIA, attests to the strength of Plaintiffs’ suit against the Hochul Government and the likelihood of success on the merits. The Second Circuit reversed the District Court, that had stayed the preliminary injunction, thereby allowing the Hochul Government to continue to enforce the CCIA during the Second Circuit’s review of the case. Plaintiffs appealed the adverse decision of the Second Circuit to the U.S. Supreme Court. As an interlocutory (non-final) decision of a Federal Circuit Court, it is rare for the High Court to consider a matter. But it did so here. In its issuance of an unusual non-order “request,” the High Court inquired whether the New York State Government would like to respond to Plaintiff concealed handgun carry licensees opposition to the lifting of the stay of enforcement of the CCIA. Realizing the necessity to respond, the Attorney General for the Government, Letitia James, filed a formal response, contra Plaintiffs’ opposition to the lifting of the stay. The arguments were weak, but any response, apparently, was all that the High Court needed to see. In its order, drafted by Associate Justice Alito, the U.S. Supreme Court allowed the stay of the preliminary injunction to continue, asserting that this was done in deference to the Second Circuit, notwithstanding the merits of the lower District Court’s granting of the preliminary injunction in the first instance. But, the High Court cautioned the Government not to dawdle, as it would be inclined to do. The Government knows full well that the CCIA is inconsistent with the Bruen rulings and is likely to be struck down by the High Court if the Second Circuit finds for the Government, prompting the Plaintiffs to appeal a final adverse decision of the Second Circuit.____________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

NEW YORK’S SULLIVAN ACT OFFENDS THE SECOND AMENDMENT TO THE U.S. CONSTITUTION AND MUST BE STRUCK DOWN

POST-BRUEN—WHAT IT ALL MEANS AND WHAT ITS IMPACT IS BOTH FOR THOSE WHO SUPPORT AND CHERISH THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO DO NOT; THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY DESTROY THE EXERCISE OF THE RIGHT AND THOSE WHO SEEK TO PRESERVE AND STRENGTHEN THE RIGHT BOTH FOR THEMSELVES AND THEIR DESCENDANTS

MULTI SERIES

PART TWENTY-THREE

SUBPART A

NEW YORK HAS ENACTED MANY GUN MEASURES FOR WELL OVER A CENTURY, BUT THERE IS ONLY ONE GUN LAW: THE SULLIVAN ACT OF 1911

For well over a century, ever since the enactment of the notorious Sullivan Act of 1911, the New York Government has successfully weathered all challenges to it.Since then, New York has enacted many laws directed at guns and gun possession, but these laws, properly understood, are not standalone gun laws. They are all revisions or amendments to the archaic Sullivan Act.This means that, while New York has MANY “gun laws” (lower case), the State truly has only ever had ONE “GUN LAW” (upper case).It is important to understand this. As long as the Sullivan Act exists, Americans residing or working in New York who desire to exercise their fundamental natural law right to armed self-defense will face constant obstacles and hurdles, and even Government harassment that negatively impacts their enjoyment of the Second Amendment guarantee.The 2022 U.S. Supreme Court case NYSRPA vs. Bruen did nothing to diminish the impact of the Sullivan Act in practice. New York’s GUN LAW is as dictatorial and as oppressive now, as it was prior to Bruen.This became apparent once the New York State Legislature passed, and New York Governor Kathy Hochul signed into law, a new package of amendments to the Sullivan Act, titled, “Concealed Carry Improvement Act” of 2022, more often referred to by the acronym “CCIA.”The CCIA pays lip service to the Bruen rulings insofar as, and only to the extent that, the GUN LAW sheds the verbiage “PROPER CAUSE” from the Sullivan Act. That is the only concession made. Other than that, the GUN LAW is no less burdensome than before the passage of the CCIA, and in one major respect, worse.For, even with “PROPER CAUSE” struck from the GUN LAW, the “MAY ISSUE/GOOD CAUSE” requirement remains unscathed.The Government simply subsumed “PROPER CAUSE” into “GOOD MORAL CHARACTER.” The new standard is as subjective as the old one.Present holders of valid New York concealed handgun carry licenses must comply with a new set of requirements to carry a handgun in New York. They are placed in the same boat as new applicants.New York gun owners were not fooled by the CCIA. Challenges to the Constitutionality of the amendments came within days of the Government's passage of it. Those cases are ongoing.The Arbalest Quarrel has written extensively on this and will stay on this. Readers are invited to peruse our comprehensive blog posts. And Ammoland Shooting Sports News has kindly reposted our articles. See, e.g., articles posted on January 20, 2023, January 9, 2023, January 6, 2023, January 5, 2023, and December 28, 2022—just to name a few.Unconscionable constraints on the exercise of the right to armed self-defense under the Kathy Hochul Government are no more relaxed than under the Government of her predecessor, Andrew Cuomo, and remain a top priority for her administration. The Sullivan Act of 1911 makes this possible.Suppression of the right of the people to keep and bear arms in New York continues unabated, with the infusion of more and more restrictive, repressive gun measures, inexorably whittling away at the natural law right to armed self-defense.Nothing will stop this juggernaut unless or until either one of two things occurs: The State Legislature repeals the Sullivan Act, or the New York  Federal or State Courts strike the Sullivan Act down.Neither one of these two actions will occur as long as the New York Government and the New York State and Federal Courts retain a mindset abhorrent of firearms and antithetical to civilian citizen ownership and possession of firearms. Neither the New York Government nor the U.S. Supreme Court has any illusion about this.The problem rests with the concept of “LICENSING OF HANDGUNS,” spawned by the Sullivan Act well over a century ago. The Sullivan Act introduced the formal handgun licensing scheme to New York.The New York Government knows that, as long as handgun licensing remains ostensibly “lawful,” the Government can and will continue to make incursions on the Second Amendment. The U.S. Supreme Court knows this, too.“The current handgun laws of New York State and New York City trace their origin to the state Sullivan Dangerous Weapons Act of 1911. Proposed by Democratic State Senator and Tammany Hall leader Timothy D. ‘Big Tim’ Sullivan, who represented the slums of lower Manhattan, the Act made it a misdemeanor to possess a handgun without a permit and a felony to carry a concealed weapon in public. Whereas the Act designated judges as the licensing officers in much of the state, it gave the New York City police commissioner sole authority to grant or deny licenses in New York City, an arrangement that persists to this day. At least part of the motivation behind the Sullivan Act was a desire to keep firearms out of the hands of recent immigrants from Italy and Southern Europe—perceived to be prone to violence—by giving the New York Police Department (NYPD) the power to grant or deny permits. The NYPD's Licensing Division still handles all handgun license applications in the city. Today, it remains illegal to possess a handgun anywhere in New York State without a license. Section 265.01(1) of the New York Penal Law makes possession of a handgun an automatic class A misdemeanor, unless a person can qualify for one of the exceptions listed in section 265.20. For ordinary citizens, the only exemption that applies is possession with a license issued under section 400.00. . . . Today, it remains illegal to possess a handgun anywhere in New York State without a license. . . . As has been the case since the passage of the Sullivan Act, obtaining a license under Penal Law section 400.00 is the only lawful way for civilians in New York State to possess a handgun. . . .” “Pursued by a ‘Bear’? New York City's Handgun Laws in the Wake of Heller and McDonald,” 46 Colum. J.L. & Soc. Probs. 145, Winter 2012, by Matthew Bridge, J.D. Candidate 2013, Columbia Law.”New York holders of valid handgun licensees may not be immediately aware of an important fact. The handgun license acquired does not belong to the holder of it. The license is and remains the property of the licensing authority. Moreover, the conditions set by the licensing authority are terse, categorical, and blunt. For example, the holder of a handgun license issued by the New York City Police Department must surrender the license upon demand of the Police Department. That means his firearms must be vouchered as well. The reverse side of the license issued by the NYPD sets forth the following:“This license is revocable at any time. Upon demand of a police officer, a licensee must immediately surrender his/her license and handguns. Lost, stolen, confiscated, or surrendered handguns must be reported to the License Division immediately at 646-610-5560 or 646-610-5154.” [see discussion of NYPD handgun licensing procedures in AQ article, posted on October 19, 2015]The CCIA doesn't address this. But one should assume that such language will be incorporated in such new handgun licenses that a New York license authority happens to issue.When the High Court handed down the Bruen decision on June 23, 2022, the Court knew it was tinkering around the edges of a beast. It should have struck down the Sullivan Act, at that time, but it didn’t.Possibly, Associate Justices Clarence Thomas and Samuel Alito would have done just that. The Court certainly had an opportunity to attack the Sullivan Act head-on when the Court took up for review the New York Second Amendment case, NYSRPA vs. City of New York, 140 S. Ct. 1525 (2020). Little came of that.__________________________________

SUBPART B

THE U.S. SUPREME COURT HAD TWO OPPORTUNITIES TO CONFRONT NEW YORK’S NOTORIOUS SULLIVAN ACT HEAD-ON BUT IN BOTH INSTANCES THE COURT PUNTED

Chief Justice John Roberts, Associate Justice Brett Kavanaugh, and the liberal wing of the Court would have none of that. They allowed the City of New York and past Governor of New York, Andrew Cuomo, to sidestep the unconstitutionality of the Sullivan Act, by amending both the New York City gun regulations and the New York State Gun Law to ostensibly cohere with the dictates of the Second Amendment.Justice Brett Kavanaugh, adding an odd Concurring Opinion, attempted to split hairs, writing,“I agree with the per curiam opinion’s resolution of the procedural issues before us—namely, that petitioners’ claim for injunctive relief against New York City’s old rule is moot and that petitioners’ new claims should be addressed as appropriate in the first instance by the Court of Appeals and the District Court on remand.I also agree with Justice Alito’s general analysis of Heller and McDonald. Post, at 1540-1541; see Heller v. District of Columbia, 670 F. 3d 1244, 399 U.S. App. D.C. 314 (CADC 2011) (Kavanaugh, J., dissenting). And I share Justice Alito’s concern that some federal and state courts may not be properly applying Heller and McDonald. The Court should address that issue soon, perhaps in one of the several Second Amendment cases with petitions for certiorari now pending before the Court.”Justice Alito joined by Justices Thomas and Gorsuch saw the game the New York Government had played on New York’s gun licensees.The Chief Justice and other Justices permitted this. Perhaps they were pleased with it. But Associate Justices Alito and Thomas and Gorsuch would not stand for it. He set forth in detail his awareness of it, and his justified anger over it:“By incorrectly dismissing this case as moot, the Court permits our docket to be manipulated in a way that should not be countenanced. Twelve years ago in District of Columbia v. Heller, 554 U. S. 570, 128 S. Ct. 2783,   171 L. Ed. 2d 637 (2008), we held that the Second Amendment protects the right of ordinary Americans to keep and bear arms. Two years later, our decision in McDonald v. Chicago, 561 U. S. 742, 130 S. Ct. 3020, 177 L. Ed. 2d 894 (2010), established that this right is fully applicable to the States. Since then, the lower courts have decided numerous cases involving Second Amendment challenges to a variety of federal, state, and local laws. Most have failed. We have been asked to review many of these decisions, but until this case, we denied all such requests.On January 22, 2019, we granted review to consider the constitutionality of a New York City ordinance that burdened the right recognized in Heller. Among other things, the ordinance prohibited law-abiding New Yorkers with a license to keep a handgun in the home (a ‘premises license’) from taking that weapon to a firing range outside the City. Instead, premises licensees wishing to gain or maintain the ability to use their weapons safely were limited to the seven firing ranges in the City, all but one of which were largely restricted to members and their guests.In the District Court and the Court of Appeals, the City vigorously and successfully defended the constitutionality of its ordinance, and the law was upheld based on what we are told is the framework for reviewing Second Amendment claims that has been uniformly adopted by the Courts of Appeals. One might have thought that the City, having convinced the lower courts that its law was consistent with Heller, would have been willing to defend its victory in this Court. But once we granted certiorari, both the City and the State of New York sprang into action to prevent us from deciding this case. Although the City had previously insisted that its ordinance served important public safety purposes, our grant of review apparently led to an epiphany of sorts, and the City quickly changed its ordinance. And for good measure the State enacted a law making the old New York City ordinance illegal.Thereafter, the City and amici supporting its position strove to have this case thrown out without briefing or argument. The City moved for dismissal ‘as soon as is reasonably practicable’ on the ground that it had ‘no legal reason to file a brief.’ Suggestion of Mootness 1. When we refused to jettison the case at that early stage, the City submitted a brief but ‘stress[ed] that [its] true position [was] that it ha[d] no view at all regarding the constitutional questions presented’ and that it was “offer[ing] a defense of the . . . former rul[e] in the spirit of something a Court-appointed amicus curiae might do.” Brief for Respondents 2. A prominent brief supporting the City went further. Five United States Senators, four of whom are members of the bar of this Court, filed a brief insisting that the case be dismissed. If the Court did not do so, they intimated, the public would realize that the Court is ‘motivated mainly by politics, rather than by adherence to the law,’ and the Court would face the possibility of legislative reprisal. Brief for Sen. Sheldon Whitehouse et al. as Amici Curiae 2-3, 18 (internal quotation marks omitted).Regrettably, the Court now dismisses the case as moot. If the Court were right on the law, I would of course approve that disposition. Under the Constitution, our authority is limited to deciding actual cases or controversies, and if this were no longer a live controversy—that is, if it were now moot—we would be compelled to dismiss. But if a case is on our docket and we have jurisdiction, we have an obligation to decide it. As Chief Justice Marshall wrote for the Court in Cohens v. Virginia, 19 U.S. 264, 6 Wheat. 264, 404, 5 L. Ed. 257 (1821), “[w]e have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given.”Thus, in this case, we must apply the well-established standards for determining whether a case is moot, and under those standards, we still have a live case before us. It is certainly true that the new City ordinance and the new State law give petitioners most of what they sought, but that is not the test for mootness. Instead, “a case ‘becomes moot only when it is impossible for a court to grant any effectual relief whatever to the prevailing party.’” Chafin v. Chafin, 568 U. S. 165, 172, 133 S. Ct. 1017, 185 L. Ed. 2d 1 (2013) (emphasis added). “‘As long as the parties have a concrete interest, however small, in the outcome of the litigation, the case is not moot.’” Ibid. (emphasis added).Respondents have failed to meet this ‘heavy burden.’ Adarand Constructors, Inc. v. Slater, 528 U. S. 216, 222, 120 S. Ct. 722, 145 L. Ed. 2d 650 (2000) (per curiam) (internal quotation marks omitted). This is so for two reasons. First, the changes in City and State law do not provide petitioners with all the injunctive relief they sought. Second, if we reversed on the merits, the District Court on remand could award damages to remedy the constitutional violation that petitioners suffered.”See also AQ two articles analyzing the “Gun Transport Case” posted on our website on April 27, 2020, and on May 8, 2020. Our April 27, 2020 article was reposted on Ammoland Shooting Sports News, on that same April 27 date. See also the AQ article posted on Ammoland Shooting Sports news on April 26, 2021. In that article, we remarked with satisfaction that the U.S. Supreme Court had agreed to take up a second New York gun case. In that case, captioned, NYSRPA vs. Corlett, 141 S. Ct. 2566 (2021), the High Court granted certiorari:“Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted limited to the following question: Whether the State's denial of petitioners’ applications for concealed-carry licenses for self-defense violated the Second Amendment.”The public would come to know this case as NYSRPA vs. Bruen, once Kevin P Bruen, the new Superintendent of the New York State Police replaced his predecessor, Keith M. Corlett.The matter discussed in NYSRPA vs. Bruen was of an order of magnitude greater than the earlier case, NYSRPA vs. City of New York, insofar as the Bruen case dealt more directly with the Sullivan Act—the Act that required Americans to obtain a license to carry a handgun in public for self-defense.Yet, as impactful as the Bruen case WAS and IS, the High Court didn’t strike down the core of the Sullivan Act.Chief Justice Roberts, and the liberal wing of the Court evidently realizing the possibility of this, consciously limited the issue on review.The Bruen rulings, handed down on June 23, 2022, although potent and compelling, nonetheless provided the Hochul Government a modicum of wiggle room. That wiggle room allowed the Government to slither around the rulings through the enactment of a plethora of amendments to the Sullivan Act.As implausible and unconvincing a response to the Bruen rulings, as these amendments are, they served a purpose: to waylay the full impact of Bruen. And that is exactly what Hochul and the State Government in Albany did._____________________________________

SUBPART C

NEW YORK GOVERNOR KATHY HOCHUL KNEW THE BRUEN RULINGS WOULD BE DAMAGING TO THE STATE’S GUN LAW, THE SULLIVAN ACT, BUT SHE WOULD NOT ALLOW BRUEN TO GET IN THE WAY OF HER AGENDA

Challenges to the amendments to the Sullivan Act, i.e., the CCIA, came at once. This wasn’t unexpected.The Hochul Government knew this would occur since the Government’s amendments didn’t alleviate New York gun owners’ justified concerns over the exercise of the right to armed self-defense. The measures Hochul signed into law weren’t meant to do that. Hochul’s attack on the Second Amendment continued unabated and, in fact, intensified.The Government had planned to proceed with its agenda to restrain and constrain the exercise of a Divine Natural Law Right ever since New York enacted its “GUN LAW.”Heller and McDonald didn’t stop New York and other similar jurisdictions from continuing to constrain the exercise of the right of the people to keep and bear arms. And Bruen wasn’t going to constrain New York and these other jurisdictions, either.The Hochul Government hoped the Courts would dismiss the challenges to the CCIA.After all, the New York State and Federal Courts had more often than not acquiesced to the Government in the many years and decades since the passage of the Sullivan Act, and the Hochul Government had no reason to expect the Courts wouldn’t do so now.Striking the expression, “PROPER CAUSE” from the GUN LAW served as mere window dressing.The Government knew exactly what it was doing when Albany passed the CCIA and Kathy Hochul signed the CCIA into law, as did the Plaintiffs, who brought suit against the Government, intent on preventing the Hochul Government from defying Bruen.Placing the requirement of “PROPER CAUSE” into another fixture of the Sullivan Act, “GOOD MORAL CHARACTER,” that the High Court didn’t address, apparently seemed to both Kathy Hochul and the Democrat Party-controlled Legislature in Albany, a convenient way to avoid the strictures of Bruen.Hochul and Albany simply had to convince the New York Courts to go along with the charade.But the lower U.S. District Court for the Northern District of New York—the first Court called upon to deal with the CCIA—didn’t play along. This obviously surprised and puzzled and concerned the Hochul Government. The Federal trial Court imposed a stay on enforcement of the CCIA by granting the Plaintiffs’ Motion for a Preliminary Injunction, during the pendency of the Plaintiffs’ suit on the merits.The Hochul Government immediately appealed the decision of the New York District Court to the U.S. Court of Appeals for the Second Circuit, and the higher Court provided Hochul with some breathing room.The Plaintiff New York concealed handgun carry licensees weren't going to take this lying down. They appealed the adverse Second Circuit Court ruling to the U.S. Supreme Court.The High Court deemed the case important enough to review a non-final interlocutory order, a rare occurrence.The High Court didn’t lift the stay imposed by the Second Circuit on the Plaintiff New York Concealed Carry Handgun licensees, but the result wasn't a complete win the Hochul Government might have wished for, either. The Hochul Government is able to breathe a sigh of relief, for a time at least. But the High Court made clear it will be watching closely to determine whether either the Second Circuit or the Government is dragging its feet on this. A day of reckoning is coming for the New York Government. And the Sullivan Act’s head is in the guillotine.Having grown visibly tired of seeing Heller, McDonald, and now Bruen waylaid by stubborn State Governments and their Courts, and by their brethren on the High Court as well, Associate Justices Clarence Thomas and Samuel Alito will insist on attacking unconstitutional Government laws directly, and strenuously. With a no-nonsense legal mind like Amy Coney Barrett on the High Court, New York gun owners and Americans around the Country may finally see their efforts through the years and decades finally bearing fruit.Hochul and Albany know the Sullivan Act’s days are numbered. A gun licensing regime clearly designed to subvert the fundamental natural law right to armed self-defense is a thing that, long ago, should have been repealed by the State Legislature or struck down by the New York Courts, buried, and never again resurrected.Instead, this thing has not only lingered but has through time grown appreciably stronger. It is an affront to the Nation’s history and heritage, and inconsistent with our Nation's core beliefs, grounded as they are on the sanctity and inviolability of the individual Self over Government. New York's Sullivan Act is inconsistent with the import and purport of the Bill of Rights and contrary to the natural sovereignty of the American citizenry over the Government.The New York Safe Act of 2013, signed into law by Andrew Cuomo, and the Concealed Carry Improvement Act of 2022, signed into law by Cuomo’s successor, Kathy Hochul, are not to be perceived as models of a new era in America, but, rather as relics of an earlier time—a much earlier age—one harkening back to medieval feudalism.The U.S. Supreme Court must strike down the Sullivan Act. That will serve to send a strong message to the States that have similar Anti-Second Amendment regimes, and that will also serve to send a strong message to the Biden Administration, too.These so-called “elites” who machinate for a world empire in their meetings held in Davos and in the Government offices of Brussels and in the clandestine meetings of the Bilderberg Group and in other such secretive enclaves dispersed throughout the world are all throwbacks to and should be perceived as nothing more or other than throwbacks to medieval Europe.These “elites” seek a return to the world of the Middle Ages, a world of empire, consisting of legions of abjectly penurious serfs, the “preterite,” and a minute number of extravagantly wealthy and powerful royalty and nobility, the “elect.”The empire this new royalty and nobility envisions, and which is taking shape, is designed to embrace all of Europe, the British Commonwealth Nations, and the United States as well.Craven toadies like Hochul and Newsome and the brain-addled, corrupt Biden, have made clear that their interests are not our Nation’s interests nor those of our people. And their allegiances are not to our Nation, nor to our Constitution, nor to our people.Their aim is to incite ill will among the American people and to destabilize our cities, counties, states, and the entire Union, so that the whole may weaken and fall. These destructive forces then intend to merge the remains of our Country and its people into a grandiose neo-feudalistic world order that serves the interests and goals of their foreign, alien masters, not their Countrymen.Americans should resist all efforts, seductive or forceful, aimed to compel compliance.We can begin by making clear that we will not relinquish our Bill of Rights.We will not relinquish our duty and our ability to resist tyranny.We will not relinquish our natural law God-Given right to keep and bear arms.____________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved. 

IF THE SECOND AMENDMENT FALLS, THE NATION FALLS, AND NEW YORK IS DOING ITS PART TO MAKE SURE THAT HAPPENS

POST-BRUEN—WHAT IT ALL MEANS AND WHAT ITS IMPACT IS BOTH FOR THOSE WHO SUPPORT AND CHERISH THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO DO NOT; THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY DESTROY THE EXERCISE OF THE RIGHT AND THOSE WHO SEEK TO PRESERVE AND STRENGTHEN THE RIGHT BOTH FOR THEMSELVES AND THEIR DESCENDANTS

MULTI SERIES

PART NINETEEN

SUBPART ONE OF PART NINETEEN

A NATION ON THE PRECIPICE OF RUINATION

As one more year draws rapidly to a close in these first three decades of the 21^st Century, the United States stands precariously at the edge of an abyss.One Branch of the Federal Government, the U.S Supreme Court, at least, recognizes the danger, and has prevented the Country from falling over the precipice.After a century of sidestepping the issue, the U.S. Supreme Court established, in three precedential case law decisions, what had been visibly plain in the language of the Second Amendment itself all along, if one would only look.All three cases were handed down in the first three decades of the 21^st Century. They include:District of Columbia vs. Heller in 2008, McDonald vs. City of Chicago in 2010 and New York State Rifle & Pistol Association vs. Bruen in 2022.These three cases, together, stand for the following propositions, now black letter law:

• The right of armed self-defense is an individual right unconnected with one’s service in a militia
• The right of armed self-defense is a universal right, applicable to both the States and the Federal Government.
• The right of armed self-defense applies wherever a person is, inside the home or outside it.

These three legal axioms are, together, the singular Law of the Land. But for this Law, the Republic would have fallen into ruin, this Century.There would be nothing to rein in a rogue Congress, a rogue Biden Administration, or rogue jurisdictions like those around the Country: New York, Illinois, California, Washington State, Washington D.C., Oregon, Hawaii, and several others.The rot from those State jurisdictions and from the Federal Government would eventually infect many other States.Forces inside the Government and outside it, both here and abroad—wealthy and powerful, malevolent and malignant—machinate constantly to destroy the right to armed self-defense.These forces will not tolerate an armed citizenry.The existence of an armed citizenry contradicts their end goal of a neo-feudalistic world government. The armed citizenry precept deviates from their plan of world conquest.Their goal for the 21st Century is a return to the political, social, and economic feudalistic construct operating in the world of the 5th through 15th Centuries—the Middle Ages.These ruthless elements have declared——

• The United States can no longer continue as a free Constitutional Republic;
• The American people must be subjugated; and
• Any thought of an armed citizenry must be erased from the collective memory of the American people.

The ashes of a once powerful, respected, sovereign, independent United States are to be commingled with the ashes of other western nations.The EU and the British Commonwealth Nations are a step in the direction of that world empire.The neoliberal democratic world order is conceived as——

• One devoid of defined geographical borders,
• One absent national governments; and
• One bereft of any defining history, heritage, culture, ethos, or Judeo-Christian ethic by which the people of one nation may easily distinguish themselves from any other.

Will the U.S. fall victim to totalitarianism as have the nations of the EU and British Commonwealth; as have India and China; and as have most all countries in the Middle East? Let us hope not.The U.S. need not fall victim.The U.S. has something all other nations lack: a true Bill of Rights.Our Bill of Rights consists of a set of natural laws: fundamental, unalienable, unmodifiable, immutable, illimitable, and eternal.Within this Country’s Bill of Rights rests a Cardinal Truth. And, of this Truth——

• The Founders were aware of it.
• The Republic they founded is grounded on it.
• The strength and power of our Country and the staying power of our Constitution is a testament to it.

All Americans should imprint this Truth on their collective memory:“What isn’t created by man cannot lawfully be taken from man by other men, nor by any temporal artifice of man: Government, for the sanctity, inviolability of man’s Selfhood, his Soul, and his Spirit do not belong to the Government; they cannot be bestowed on man by Government; and they cannot be severed from man by Government.Government is a dangerous enterprise.Our Federal Government is no longer reliable. It has gone rogue. It has forgotten the people whose interests it was created to serve. It serves special interests that fill campaign coffers and it serves wealthy, powerful foreign agencies of whom the public has no inkling.

• With this Federal Government, the American people have got “a tiger by the tail.” It is difficult to hold onto, but one daren’t let it go, lest it bite the people. Best to destroy it if we can no longer hold onto it.
• That “Tiger,” our Federal Government, is a creation of the American people and exists only to serve the people—the true and sole sovereign over the Federal Government.
• The presence of an armed citizenry serves as both evidence of its sovereignty over the Government, and the mechanism by which it may lawfully constrain it contain it, or curtail it if the Government loses its way and turns against the people.
• The Right to Armed Self-Defense is Natural Law, a God-given right, bestowed on man by the Divine Creator.
• Government cannot lawfully modify Natural Law, Ignore it, Rescind it, or formally Repeal it.
• Since armed self-defense is a Natural Law Right, the U.S. Supreme Court—in Heller, McDonald, and Bruen—didn’t make new law. The rulings of the three seminal High Court cases simply make explicit what is tacit in the language of the Second Amendment.

Unfortunately, many jurisdictions have failed to recognize, or otherwise have failed to acknowledge and accept, the strictures of the Second Amendment.That necessitated the intervention of the High Court. In one Second Amendment case after another—from Heller to McDonald, and then to Bruen—the Court has ordered States to uphold the strictures of the Second Amendment. Yet, many refuse to do so.Indeed, many jurisdictions reject Heller, McDonald, and Bruen outright. But no jurisdiction does so more emphatically, and contemptuously, and openly, than New York. We turn to a look at the status of recent litigation in New York.__________________________________

SUBPART TWO OF PART NINETEEN

SUB-SUBPART A

NEW YORK’S GUN LAW: STATUS OF THE ANTONYUK CASE GOING FORWARD*

The New York Government, under Governor Kathy Hochul and the Democrat Party-led Legislature in Albany, have declared outright war on the precepts of Individuality upon which the U.S. Constitution rests.Hochul’s Government crafted a comprehensive set of amendments to New York’s Gun Law, the Sullivan Act.These amendments specifically and negatively affect N.Y. Penal Law § 400.00(2)(f). That’s the concealed handgun carry license section of the State’s Sullivan Act.The amendments are referred to collectively as the “CCIA.” Hochul signed the amendments into law on July 1, 2022. This was scarcely a week after the High Court published the Bruen decision, on June 23, 2022.A flurry of lawsuits followed. Plaintiff gun owners filed the first one, Antonyuk vs. Bruen (Antonyuk I), on July 11.The U.S. District Court for the Northern District of New York dismissed that case without prejudice on August 23.The Court ruled one of the Plaintiffs, Gun Owners of America and its affiliates, lacked standing to sue.Ivan Antonyuk, the captioned Plaintiff individual of Antonyuk I, refiled his lawsuit against Defendant Kevin Bruen, Superintendent of State Police, on September 20. Five additional Party Plaintiffs, all individuals, joined him in the lawsuit. The Plaintiffs added eight additional Defendants. Governor Kathy Hochul was one of those Defendants. The Defendants were all State, County, or City Government Officials. All of them were sued in their official capacities. The New York Courts refer to this second case as Antonyuk II. The case was formally recaptioned, Antonyuk vs. Hochul. On September 22, the Plaintiffs filed their Emergency Motion for a Temporary Restraining Order, and on September 28, they added a Motion for Preliminary Injunction (“PI”).The Oral Hearing was held on September 29.On October 6, the U.S. District Court issued its order, granting the TRO in part, and denying it in part.One month later, on November 7, the District Court ruled on the Plaintiffs’ Preliminary Injunction, granting it in part, and denying it in part.The Court also dismissed out Governor Hochul as a Party Defendant, ruling that, “Plaintiffs have not alleged or shown how Defendant Hochul could be properly found to have the specific legal duty to enforce the CCIA.”In addition, Steven Nigrelli was named the new Superintendent of the State Police, replacing Kevin Bruen, as Party Defendant.With both Hochul and Bruen out of the picture, the case, Antonyuk II, was recaptioned, Antonyuk vs. Nigrelli. With the granting of the Preliminary Injunction, the TRO was mooted, and the Parties jointly agreed to dismiss the TRO.On November 8, 2022, the New York Gubernatorial race was held. On that same date, the Government appealed, to the Second Circuit, the District Court’s granting of the PI in Antonyuk II.On November 15, 2022, the Second Circuit issued a terse stay of the PI, pending its ruling on the Government’s Motion requesting relief from the District Court’s granting of the PI.The Second Circuit November 15 Order reads:“Defendants-Appellants, seek a stay pending appeal, and an emergency interim stay, of the Preliminary Injunction issued by the District Court on November 7, 2022.It is hereby ordered that a temporary stay is granted, pending the panel’s consideration of the motion.”The Second Circuit obliged the Government, overturning the U.S. District Court’s grant of the PI stay.This means Hochul’s Government can enforce the CCIA during the Second Circuit’s review of the PI.Time is therefore on the side of the Government.Hochul Government now has what it wants—the ability to enforce the CCIA against New York’s Gun Law during the Second Circuit’s review of the PI.Plaintiffs and all other holders of valid concealed handgun carry licenses as well as those who wish to obtain a New York concealed handgun carry license must now contend with the CCIA.Present holders of a valid New York concealed handgun carry license like the Plaintiffs in Antonyuk II, are particularly negatively affected by this Order.Plaintiffs understandably were not happy about the Second Circuit’s November 15 Order, lifting the stay of the CCIA imposed by the U.S. District Court for the Northern District of New York.So, four days after the issuance of the Second Circuit’s November 15 Order, the Plaintiffs, on November 19,  filed their response to the Government’s stay of the PI pending the Circuit Court’s review of it.The Plaintiffs took the Government to task, stating,“In their Motion, Appellants generally malign the district court’s preliminary injunction, but fail to note that the CCIA is no ordinary law–breathtaking in both its scope and its blatant unconstitutionality. The district court was correct to enjoin enforcement of many of the CCIA’s patently unconstitutional provisions, and this Court should (i) decline Appellants’ invitation to be the first circuit court to bless a statute specifically enacted to defy Bruen, (ii) vacate its improvidently granted administrative stay, and (iii) deny Appellants’ Motion.”Whether to enforce the operation of the CCIA during litigation or stay its enforcement turns on a four-factor test created by the Second Circuit. The Plaintiffs addressed the four-factor test in their Opposition to the Government’s Motion, stating— “The relevant factors to be considered are ‘[i] the applicant’s strong showing that [they are] likely to succeed on the merits, [ii] irreparable injury to the applicant in the absence of a stay, [iii] substantial injury to the nonmoving party if a stay is issued, and [iv] the public interest.’ A stay ‘is not a matter of right, even if irreparable injury might otherwise result;’ rather ‘it is an exercise of judicial discretion, and [t]he party requesting a stay bears the burden of showing that the circumstances justify an exercise of that discretion.” Finally, where (as here) an applicant is ‘totally lacking’ a strong showing of likelihood of success, ‘the aggregate assessment of the factors bearing on issuance of a stay pending appeal cannot possibly support a stay.’ Appellants fail all four factors. . . . The district court’s order will cause no harm to Appellants, as many of the CCIA’s provisions – which have been in effect barely over two months – are entirely novel in New York law, as well as lacking any historical analogue. . . . The sky did not fall prior to the CCIA’s enactment, and the sky is not falling now. Rather, the PI merely returns the state of the law to what it was just over two months ago.”Responding to the Plaintiffs’ Opposition to the stay of enforcement of the CCIA, the Second Circuit issued an amended Order on December 7, 2022.The new Order reads:“Appellants request a stay pending appeal of the district court's order dated November 7, 2022 (N.D.N.Y. 22-cv-986, doc. 78), enjoining Appellants from enforcing certain aspects of New York's Concealed Carry Improvement Act (‘CCIA’). Having weighed the applicable factors, see In re World Trade Ctr. Disaster Site Litig., 503 F.3d 167, 170 (2d Cir. 2007), we conclude that a stay pending appeal is warranted.  Accordingly, upon due consideration, it is hereby Ordered that the motion for a stay pending appeal is Granted and the district court's Nove1nber 7 order is Stayed pending the resolution of this appeal. To the extent that the district court's order bars enforcement of the CCIA's provisions related to persons who have been tasked with the duty to keep the peace at places of worship, airports, and private buses, such categories are excepted from this order. Appellees' motion to expedite the resolution of the matter is Granted.”What this new Order means is this:The Second Circuit allows the Government to enforce the amendments to the State’s Gun Law during its review of the Preliminary Injunction, subject to a minor exception.The Second Circuit said the stay does not affect the “Sensitive Location” prohibitions to airports, places of worship, and private buses.This is hardly a concession to the Plaintiffs.Airports fall under the jurisdiction of the Federal Government, not the State.No civilian may carry a firearm in airports, anyway.And houses of worship and private buses are the only private entities, that the Second Circuit says can devise their own rules for the carrying of firearms.All other CCIA “Sensitive Location” provisions remain operative during the Second Circuit’s review of the PI.But the Second Circuit’s treatment of the “four-factor test,” in the recent Order is both curious and disturbing. Recall the lower District Court had meticulously applied the Four-Factor test as it is required to do when first granting the Plaintiffs’ TRO, and subsequently granting the Plaintiffs’ PI. But why did the Second Circuit reject the findings of the District Court?In lifting the PI stay, the Second Circuit never explained its reasoning for doing so.The Court cites a case that is inapposite. And it is one that neither the Plaintiffs nor Defendants cite in any of their filings. The Court merely says it has weighed the factors and tacitly finds for the Government.This is all contrary to the findings and cogent reasoning of the lower District Court.It suggests the Court will overturn the PI, thus jeopardizing the attack on the constitutionality of the CCIA and further reducing the chance of eventually securing a Permanent Injunction against enforcement of the CCIA.This all suggests what New Yorkers have lost in failing to seat Zeldin in the Governor’s mansion.Had Lee Zeldin prevailed in the Gubernatorial race against Kathy Hochul, Plaintiffs and all other New York gun owners holding valid New York restricted or unrestricted handgun carry licenses would likely be in a different and better place.As Governor, Lee Zeldin could request the dismissal of Antonyuk. All other pending challenges to the CCIA would be mooted. The CCIA would have no effect.This would entail reverting to the originalN.Y. Penal Law § 400.00(2)(F). That would benefit those present holders of New York concealed handgun carry licenses who had complied with the “proper cause” requirement of the older Gun Law.Eventually, Zeldin, as New York Governor, could work with the State Legislature in Albany to rescind the entire licensing structure. Alas, that will never be. Four years of Hochul in Office will mean further restrictions on the Second Amendment, as the CCIA and other New York Gun laws clamp down ever tighter on a citizen’s exercise of his or her Second Amendment right to armed self-defense.________________________________

SUBPART TWO OF PART NINETEEN

SUB-SUBPART B

AN IN-DEPTH LOOK AT THE APPLICATION OF THE FOUR-FACTOR TEST IN ANTONYUK VS. NIGRELLI

A perusal of the Four-Factor test demonstrates why the lower U.S. District Court for the Northern District Court of New York was correct in granting the Plaintiffs’ PI, and why the U.S. Court of Appeals for the Second Circuit was wrong in staying the PI, during the Court’s resolution of it.

• The likelihood that Plaintiffs would prevail on the merits.

The District Court, in its opinions, both in Antonyuk I and Antonyuk II laid out a comprehensive argument supporting a finding that the CCIA is unconstitutional and that Plaintiffs would likely prevail in their suit on the merits against the Government.This first factor, therefore, works to the benefit of the Plaintiffs, supporting the granting of the PI.

• Irreparable injury to the Plaintiffs in absence of a stay of enforcement of the CCIA.

The District Court pointed out that, by carrying their handgun in public, the Plaintiffs would engage in behavior lawful under the original NY Gun Law but, under the “Sensitive Location” clause of the CCIA, now unlawful in many locations in New York.Thus, the CCIA operates perversely to restrict an already restrictive Gun Law the U.S. Supreme Court had ruled unconstitutional on the “proper cause” issue in Bruen. If current holders of a valid NY handgun carry license continue to carry under the CCIA, they will have committed a crime if they carry that handgun in a “Sensitive Location.”If arrested while carrying a handgun in public, in a “Sensitive Location,” they will lose their license to carry because the valid New York concealed handgun license they presently have is invalid if carrying a firearm in a “Sensitive Location.” The CCIA overrides the concealed handgun carry license in those locations.If arrested, the licensee will also be forced to surrender their handgun to the appropriate police authority, along with any other firearms they may have possession of in New York.Further, they will now have a criminal record on file, jeopardizing their acquisition of a license anew in New York. This will also jeopardize their ability to exercise their Second Amendment right in many other jurisdictions they may happen to work in or relocate to, thereafter.To avoid the possibility of arrest, these licensees must voluntarily relinquish carrying a handgun in public for self-defense. But doing so endangers their life, which was the reason these licensees applied for a concealed handgun carry license, in the first place.Remember, licensing officers had determined these license holders do face extraordinary risk, thus warranting issuance of a license under the original “proper cause” standard that the respective New York licensing authorities established, consistent with the original New York Gun Law.Plaintiffs are therefore in a bind. If they carry a handgun in a “Sensitive Location”, they risk arrest, loss of their license, loss of their handgun, and a criminal record to boot. If they do not carry a handgun for self-defense, they endanger their life.That is a  Hobson's choice; the idea that present holders of valid New York concealed handgun carry licenses have here; no acceptable choice, and evidence of irreparable harm to the Plaintiffs.To give Hochul’s blatant refusal to abide by the rulings of the U.S. Supreme Court in NYSRPA vs. Bruen a leg to stand on, she attempts to give the public a sense that she cares deeply about the safety concerns of New Yorkers; that her amendments to the State’s Gun Law are designed to effectuate that end. What she delivers to the public is nothing more than an elaborate promo, an infomercial proffered to sell a product. The product she is selling is simply a more tortuous, and torturous version of the Sullivan Act enacted over one hundred years ago. And, like all promos and infomercials, it is meant to make a profit off a person’s gullibility. In the instant case, the Sullivan Act, a noose around the necks of free citizens, squeezed ever tighter. The Sullivan Act endangers the life of New Yorkers under the guise of securing life. It is all charade and theater.This second factor, therefore, works to the Plaintiffs' advantage, supporting the PI.

• Substantial injury to the nonmoving party. 

This is the mirror image of the previous factor. This is where the Government, the “non-moving” party, must demonstrate that the New York public faces irreparable injury if the Government is enjoined from enforcing the CCIA and that the harm to the public outweighs the harm to the Plaintiffs.That is what the Government says. The assertion is patently ridiculous.If the public was under no grave threat before the enactment of the CCIA, with stringent restrictive gun measures already in place, then it follows logically the public cannot be under a graver threat of injury now if the Second Circuit affirms the stay of enforcement of the CCIA,  pending resolution of the PI. But that’s what the Government wants. It wants the Second Circuit to lift the stay of the PI. This means the Government wants the Second Circuit to deny giving effect to the PI during the Second Circuit's resolution of the merits of it, thereby authorizing the Hochul Government to enforce the CCIA.The New York Attorney General Letitia James, arguing the case for the Government, asserted, in the Government's Opposition to the PI, that “Exposing eighteen million New Yorkers to a heightened risk of gunfire severely outweighs any prejudice to plaintiffs here from a stay.”This is ludicrous. It is nothing more than a snapshot of the imbecilic remarks of Hochul delivered to “CBS This Morning” on Friday, June 24, 2022, one day after the U.S. Supreme Court issued its decision in NYSRPA vs. Bruen, setting up what would come shortly after; the awful amendments to New York's Gun Law. The Daily Caller recites Hochul's tirade against the High Court, in its article, titled, “NY Gov. Hochul Says Law-Abiding Gun Owners Make People Feel Very Unsafe”:“Democratic New York Gov. Kathy Hochul said Friday morning law abiding gun owners make people feel ‘unsafe’ just one day after the Supreme Court overturned a more than century old gun law.Speaking on CBS This Morning, Hochul said the right to carry outside the home makes individuals feel ‘unsafe’ and seemed to insinuate it should not be allowed.‘Everybody in America recognizes that there is a problem with gun violence and the people who cheer this, what they say, what they see is, ‘Look there is a problem with gun violence and I, as a law-abiding citizen, want to be able to hold a gun on my person so that I feel safer.’ What do you say to that individual?” the host asked Hochul.‘I say that makes everyone else feel very unsafe. We don’t know if you’re provoked, you know, you’re in a bar and someone looks at your girlfriend or your boyfriend the wrong way. There are so many triggers. If someone wants to have a legal gun, licensed protection in their home, that is their domain, they can do that, we’ve always allowed that, or for hunting and other purposes,’ Hochul said.’‘But to think someone would be able to do this on a subway, in a crowded, tense situation during rush hour? No, we have a right to protect our citizens, not take away your right to own, that’s fine, but where you take it and the ability to conceal it, that’s just going to make things so much more complicated for law enforcement and others.’”

CIVILIANS DO NOT CARRY HANDGUNS OPENLY IN NEW YORK. THERE IS NO “OPEN CARRY”

First, it bears mentioning, but, apparently, only to morons like Hochul, that a holder of concealed handgun carry license does not ever carry his or her handgun openly, in New York, for all the world to see. The Gun Law itself recites the lawful carrying of a handgun, “concealed,” i.e., not openly by those issued concealed handgun carry licenses.In fact, no one in New York is permitted to carry a handgun openly apart from uniformed New York police officers, or other uniformed personnel who fall under specific provisions of the State's Gun Law.How, then, can any law-abiding member of the public honestly feel a sense of foreboding that another law-abiding member of the public who happens to possess a concealed handgun carry license is someone to be feared? The only creature that could realistically understandably “feel unsafe” is a psychopathic criminal who would dare to threaten an innocent member of the public. More than a few criminals and lunatics have met their untimely demise by threatening harm to an undercover police officer or off-duty officer, or to a holder of a valid concealed handgun license. In fact, for a career criminal—who isn't otherwise a psychotic maniac who wouldn't care whether a target of his lunacy is armed or not, as his reasoning organ is shot—he would never know for certain who is lawfully carrying a handgun concealed and who is not, if many more members of the New York public were to begin carrying, concealed, a handgun, as is their natural law right. And, he would think twice before targeting, at random, an innocent victim who is merely going about his business. Hence, it is reasonable to infer that the garden variety criminal, who has some sense of self-preservation would be less inclined to take the chance to attack a member of the public who may very well be armed. This fact would result in a precipitous drop in violent crimes of opportunity.

“TRIGGERS” ANYONE?

Second, The notion that a person would go off half-cocked is a “Fever Dream” of the Anti-Second Amendment crowd. They would like to believe this myth. The Government thrusts all sorts of horrors on the public to rationalize ending the fundamental, unalienable right to armed self-defense. But their wax museum of horrors coming to life is just entertainment, nothing more. It isn't grounded in truth. It's merely a fabrication, it's propagandist; a fictional horror film designed like many such films, i.e., to create a jump scare. Only the gullible and ignorant Americans would fall for it. If New York holders of handgun carry licenses were such a threat to public safety and order, how is it that we never hear Governor Hochul talking about instances of criminal acts of violence committed by these licensees? She can’t talk about this because there is no instance of this that she can drum up.  All such talk of an armed New York citizenry posing a threat to the Government's notion of public safety and public order in their well-ordered society is sheer unadulterated speculation, bordering on delirium.

“IF SOMEONE WANTS TO HAVE A LEGAL GUN, LICENSED PROTECTION IN THEIR HOME, THAT IS THEIR DOMAIN, THEY CAN DO THAT, WE'VE ALWAYS ALLOWED THAT.” ISN'T HOCHUL NICE?

Third, Hochul says, the Government has always allowed someone “a legal gun in their home.” But wait a minute? Is keeping and bearing arms a Government bestowed privilege or a God-Given Right? And didn’t the U.S. Supreme Court rule that the right to armed self-defense extends beyond the domain of one’s house, consistent with the meaning of the fundamental, unalienable right to armed self-defense? Does New York law take precedence over the Second Amendment and the rulings of the U.S. Supreme Court? Hochul demonstrates incredible arrogance. How did she get elected to Office anyway?If New York holders of handgun carry licenses were such a threat to public safety and order, how is it that we never hear Governor Hochul talking about instances of criminal acts of violence committed by these licensees? She can’t talk about this because there is no instance of this that she can drum up.  All such talk of an armed New York citizenry posing a threat to their notion of public safety and public order in their well-ordered society is sheer unadulterated speculation, bordering on delirium. The “why” of the attack on the armed citizenry is as pressing as the “how”—the strategies devised and employed to undermine the right of the people to keep and bear arms. And it all goes back to Government's lust for “power” and “control” over the common people. And, the fear of the Tyrant is always that the common people will revolt against the Tyrant's Tyranny. The Neoliberal Globalists and their puppets in Government treat people like random bits of energy that require a firm hand lest common people get “out of hand.” The fear of the Tyrant is always the common people. Government exists primarily to control the populace. Our Federal Government, though, was constructed to serve the people. Everything in our Constitution points to that fact. The people are sovereign, not Government. But, like all Governments, our Federal Government has succumbed to tyranny. That tyranny is mirrored and multiplied in the Governments of many States. New York is one of those States. The “sticky wicket” for the Globalists is the Second Amendment to the U.S. Constitution. It serves, one, as evidence of the sovereignty of the American people over their Government, Federal, State, or local, and serves, two, as a mechanism to thwart the rise of tyranny. The Second Amendment, unlike the First, or any other Amendment in the Bill of Rights has a tenacity that, when unleashed, a ferocity, that scares the dickens of the proponents of a world empire and world domination. In this second half of the Biden Administration regime, we are seeing more and more emphasis placed on reining in the armed citizenry. And State Governments under Democrat Party leadership, such as that of New York, are fully on board with this. Expect to see more of this, much more, in the weeks and months ahead.

“A HEIGHTENED RISK OF GUNFIRE”?

“Exposing eighteen million New Yorkers to a heightened risk of gunfire severely outweighs any prejudice to plaintiffs here from a stay.” ~ Letitia JamesFourth, apropos of Letitia James' argument, on behalf of Defendant-Appellant New York Government officials, appealing the U.S. District Court's granting of Plaintiff-Appellees' Preliminary Injunction, where is this “heightened risk of gunfire” supposed to come from?The argument presented by Attorney General Letitia James and by Governor Kathy Hochul in support of the CCIA boils down to these two propositions:

• People are afraid of guns and of average law-abiding, rational, responsible gun owners who keep and bear them.
• Average law-abiding, rational, responsible gun owners pose an imminent threat to public safety and order.

The reader will note that nothing is said about career criminals, murderous gangbangers, and drug-addled lunatics who may happen to get hold of a firearm. The reason is that the Hochul Government, and other Governments like hers—reflecting the beliefs and aims of the present Federal Government, aren't concerned about the behavior of the dregs of society. Government is concerned only over the rational responsible American who will not suffer tyranny. And it is tyranny that these Governments, local, regional, State, and Federal are selling. Criminals and lunatics serve their end. The breakdown of law and order is what these Governments want so that they can institute their own brand of crime on a national/industrial scale. The aim is the destruction of the mind, the Soul, and the Spirit. The sanctity and inviolability of the individual were once important to our Nation, worth preserving, things to be cherished. And the idea was threaded through our Nation's Constitution, and, especially, through our Nation's Bill of rights. That once was so, but no longer. The Federal Government makes a mockery of our Country now and of our sacred precepts and principles. We see it in the weakening of our economy, and our military. We see it in incredible profligate spending at a time when we must hold onto the monetary reserves and ascertain that our Nation's monies are spent carefully and wisely for purposes that benefit our Nation and its people, and not squandered on foreign escapades or lavishly squandered on special interests that benefit the few, including foreign entities and individuals that hate us. We see the weakening of our Country in the Government's obsequious behavior toward China and Brussels. And, we see it in the debauched, and degenerate, and mentally unbalanced individuals placed in high Government Office. Most Americans are appalled at these spectacles. And Government knows this and worries about it. Government is afraid of Americans who keep and bear arms, who clutch them ever tighter, for many of us there are who see well enough the mindless absurdity of a rogue, and dangerous, and patently deranged Government that threatens to engulf the Nation and its citizenry in horrific destruction. And, so, Government turns on Americans; sets one American against the other so as to short-circuit organization against a Government that no longer serves the Nation's best interests and, in fact, no longer goes through the pretense of doing so.The Biden Administration and the Hochul Government don't talk of their own fear of the armed citizenry. Instead, they project that fear on the populace at large both as a defense mechanism and as a strategy to divert attention away from themselves rather than upon themselves, where attention should be directed. The idea is that eviscerating the fundamental right of the people to keep and bear arms is done, not as a contemptuous assault on natural law that they have no lawful right to attack, but ostensibly as an act of mercy on behalf of the people who, as they argue, would benefit from a purgation only possible through the confiscation of guns in the hands of tens of millions of Americans. The Tyrant says——People are afraid of guns and of average law-abiding, rational, responsible gun owners who keep and bear them.Concerning this proposition, propounded by Kathy Hochul, if many Americans should happen to fear guns and fear those who exercise their fundamental, unalienable right to armed self-defense—indeed, if any American should happen to register such fears—those fears aren't the product of something innate in a person, but, rather, are the result of an elaborate, concerted well-coordinated, and executed plan, at once deceitful and horrendous, to instill in the American citizen a phobic reaction to firearms and a phobic reaction to those Americans who choose to keep and bear them. The question of why such psychologically damaging programs would be initiated by and ceaselessly and vigorously propagated by the Government against the entire civilian population has nothing to do with a desire on the part of the Government to secure the life, health, safety, and well-being of Americans. Rather, it has everything to do with the carrying out of a secret plot focused on the demise of a free Constitutional Republic, the only one like it in existence; the dissolution of our Constitution; and the subjugation of our people to the dictates of a new order of reality: the rise of a neo-feudalistic global empire. AQ has written extensively on this. In fact, it is a theme that runs through the depth and breadth of our articles. Nothing else, to our knowledge, comes close to explaining well the dogged, and consistent, and insistent effort on the part of so many heterogenous agents and agencies both inside and outside this Country to destroy our Nation's Bill of Rights; to destroy our history, heritage, culture, our Nation's ethos, our Judeo-Christian ethic; and to launch a psychopathological reaction upon the citizenry the manner of which and the extent of which has no precedent in our Nation's history or, for that matter, in all of recorded history.The Hochul Government’s attack on the U.S. Supreme Court Bruen case is really a component part of a much larger mosaic, as evidenced by a concerted effort to undermine the Second Amendment.And so confident is Hochul in her own power, that she does this brazenly and contemptuously, attacking not just the Second Amendment but also the Justices of the Highest Court in the Land, whose sin, in her mind, is that they give a fundamental natural law right the respect it is due. Hochul intends to shred it and she is doing just that.Thus, it isn't that New Yorkers or any American has an innate fear of firearms or those who keep and bear them. It is that the Government in New York and the Governments of several other States, and the Federal Government under the Biden Administration, have induced fear where none before existed, all in support of aims that are antithetical to our most sacred precepts and values and antithetical to the common good.Thus, Americans aren't afraid of firearms or those who possess them, but Hochul and others, beholden to the same ruthless, Globalist, and Marxist interests, create the illusion that this IS something inherent in people. IT ISN'T. It is only something inserted into the unwary mind: a meme, a mental virus, damaging to the psyche no less than a physical viral pathogen is damaging to the body.The Tyrant also says——Average law-abiding, rational, responsible gun owners pose an imminent threat to public safety and order.Concerning this second proposition, propounded by Kathy Hochul, as manifest in her statements to the Press and in the Government's legal documents—that average law-abiding, rational, responsible gun owners pose an imminent threat to public safety and order—this is a naked assumption cast as a self-evident truth, presented in lieu of any supporting evidence, for the purpose, one, to buttress amendments to the State's Gun Law that are inherently unconstitutional as the District Court had made poignantly clear through cogent argument, both in Antonyuk I and in Antonyuk II, and, two, to urge the U.S. Court of Appeals for the Second Circuit to stay the lower Court's granting of Plaintiff-Appellees Motion for Preliminary Injunction against the enforcement of Hochul's CCIA.Meanwhile, the law-abiding New York taxpayer daily faces rampant violent crime because of the abject failure of the New York Justice system to deal effectively with criminals and raving lunatics that constantly prey on the public.And the police are contemporaneously prevented from engaging in effective policing activities that protect the community. In addition, the police are leaving New York in droves. Who will replace them?And, even if the Hochul Government provided the public with a modicum of community policing and a justice system that didn’t kowtow to lunatics and criminals, the fact remains that the New York police departments have no obligation to guarantee the life and safety of individual members of the public.The police never had that obligation. And the New York public is under a misconception to think otherwise. Yet, the Government continues to keep the public in the dark about this, never troubling itself to inform the public that self-defense against threats of violence rests on each member of the public, not on the State. See, e.g., the AQ article posted here, on this site, on November 21, 2019. See also AQ article posted on Ammoland Shooting Sports News on August 6, 2020.A well-trained, responsible, rational, law-abiding adult need not rely on the police, and cannot legally place that burden on the police. The responsibility for preserving one’s life and well-being rests solely on the individual.This was the salient point of Heller, McDonald, and Bruen. Armed self-defense is ultimately the responsibility and prerogative of the individual.The Hochul Government knows or should know that armed self-defense is the best defense against aggressive armed assault. The failure to acknowledge this or even attempt to proffer evidence to refute this is a fatal weakness in the Government’s argument against Plaintiff-Appellees PI.The Government simply erroneously assumes the well-armed citizen threatens the community.This is a central theme pervasive in the New York Government, and it is a thread woven into the very fabric of New York’s draconian gun measures that go back over one hundred years when the licensing of handguns was first enacted.Yet the Government takes this bald assumption as a self-evident truth. It isn’t. But it serves the narrative, and their end goal is to disarm the public.The Government’s remark begs the very question at issue:Does the rational, responsible, law-abiding citizen who wishes to exercise his natural law right of armed self-defense pose a risk to the public? There is something off in the sheer idea incessantly and vociferously proselytized to the public that the armed citizen poses a threat to public safety.This notion is contrary to fact. It is also contrary to the import of the Second Amendment:It is the natural law right of the American citizen to arm him or herself against assault by predatory man, predatory creature, and predatory Government.Heller, McDonald, and Bruen reiterate this point constantly:The individual has the right to armed self-defense. The corollary to that proposition is this: The armed citizen enhances public safety. This is the antithesis of the Hochul Government’s position that the armed citizen endangers public safety.In their response to the Government’s Motion for a stay of the Preliminary Injunction, pending appeal, the Plaintiffs said this apropos of public safety:“Even if Appellants had demonstrated some actual public safety benefit, it would come at the cost of disarmament of law-abiding gun owners, an unacceptably high cost, as “[t]he right to keep and bear arms . . . is not the only constitutional right that has controversial public safety implications.” McDonald v. Chicago, 561 U. S. 742, 783 (2010). Such enumerated rights cannot be balanced away by legislators, or judges, because “the Second Amendment is . . . the very product of an interest balancing by the people . . . it [] elevates above all other interests the right of law-abiding, responsible citizens to use arms in defense. . . .” D.C. v. Heller, 554 U.S. 570, 635 (2008).Nor can Appellants plausibly claim irreparable harm from temporarily halting enforcement of an unconstitutional law: ‘the public consequences in employing the extraordinary remedy of [injunctive relief]’ are not just the vindication of constitutional rights but also the prevention of their egregious curtailment. Indeed, it is always in the public interest to enjoin an unconstitutional law. The government has no ‘interest in the enforcement of an unconstitutional law.’”This third factor, harm to the non-moving party, does not outweigh the harm to the Plaintiffs. Thus, this third factor in support of the PI works to the Plaintiffs’ advantage.

• The Public Interest. The last factor a Court must consider in determining whether to issue a PI is whether the public is best served by its issuance.

The Plaintiff-Appellees assert: “The public interest is best served by ensuring the constitutional rights of persons within the United States are upheld.” We are dealing here after all with a natural law right.That the public is better served by curtailing a right the founders felt imperative to the Security of a free State and to ensure the sanctity and inviolability of one’s Selfhood, goes against the Judeo-Christian ethic upon which our free Constitutional Republic was founded, and without which a sovereign people and a free Constitutional Republic cannot continue to survive.The New York State Government’s philosophy of the relationship of Government to the people is a distortion of all this Country holds dear and holy.This fourth factor also works to the Plaintiff-Appellees' advantage, supporting maintaining the PI during the Second Circuit's resolution of the merits of it.

IN SUMMARY

The New York Government places itself above the sovereign authority of the American people.This notion unfortunately is reflected in several other jurisdictions across the Country, and it is also present in the thinking of the Biden Administration and in the thinking of Democrats in Congress and by more than a few Republicans.Let us hope and pray the United States Court of Appeals for the Second Circuit, ultimately, doesn’t betray the U.S. Constitution too.Unfortunately, the recent December 7, 2022, Second Circuit order doesn’t give New York gun owners much reason for hope, much less jubilation—nothing more, really, than a wing and a prayer of success.If such is the case, Antonyuk vs. Nigrelli is destined for resolution by the High Court.Justices Thomas and Alito would see that the case is heard, as the CCIA is a direct affront to the Second Amendment and to the rulings of Heller, McDonald, and Bruen.In the immortal words of that late, great comic, Arte Johnson (a.k.a. the “German Soldier” routine), the Antonyuk case, and a slew of other post-Bruen cases wending their way through the Courts in New York and elsewhere in the Country are becoming “Very Interesting.” _______________________________*For those readers interested, a comprehensive (complete) discussion of the history of the date of filings of Court documents in the second Antonyuk case, (Antonyuk II), as recited by Plaintiff-Appellees (holders of valid New York concealed handgun carry licenses) against Defendant-Appellants (New York Government officials) in Plaintiff-Appellees “Response In Opposition To Defendants-Appellants’ Motion For A Stay Pending Appeal And An Administrative Stay Pending Resolution Of The Motion,” filed on November 19, 2022, appears below:This case involves a challenge to New York’s most recent attempt to infringe the Second Amendment rights of its residents. In response to the U.S. Supreme Court’s recent vindication of the right to keep and bear arms in N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022), the state hastily enacted a poorly named and ineptly drafted statute called the “Concealed Carry Improvement Act” (“CCIA”). Rather than following Bruen and respecting the Second Amendment’s mandate, the CCIA defied the Supreme Court, making concealed carry of firearms far more restrictive, and the licensing process far more onerous, than before the Supreme Court’s decision. Plaintiffs-Appellees (“Appellees”) filed suit seeking to enjoin many of the CCIA’s patently unconstitutional provisions, seeking both a temporary restraining order and a preliminary injunction. Complaint for Declaratory and Injunctive Relief (“Complaint”), ECF #1 (Sept. 20, 2022); Plaintiffs’ Motion for a Temporary Restraining Order (“Motion for TRO”), ECF #6 (Sept. 22, 2022). After providing Defendants-Appellants (“Appellants”) the opportunity to submit briefing and to participate in oral argument, the district court issued a temporary restraining order enjoining certain parts of the CCIA, while allowing others to remain in effect, and granting Appellants’ request for a three-business-day stay to seek review by this Court. Response in Opposition to Plaintiffs’ Emergency Motion for Temporary Restraining Order, ECF #18 (Sept. 28, 2022); Transcript of Proceedings, ECF #23 (Sept. 29, 2022); Decision and Temporary Restraining Order (“TRO”), ECF #27 (Oct. 6, 2022). Appellants sought from this Court (1) a stay pending appeal of the district court’s decision, along with (2) what they styled an “emergency . . . interim . . . administrative stay” while the Court considered their motion. Docket No. 22-2379, Motion for a Stay, Doc. #16 at 1. On October 11, 2022, Appellees filed a Response explaining, inter alia, that appeal of a TRO is improper, and the district court’s forthcoming decision on Plaintiffs’ preliminary injunction would render the appeal moot. Opposition to Motion, Doc. #22. On October 12, 2022, Judge Lee granted Appellants’ request for “an interim stay of the Temporary Restraining Order pending decision by the motions panel.” Order, Doc. #39. The case continued in district court, with Appellants filing their Opposition to Plaintiffs’ Motion for a Preliminary Injunction on October 13, 2022. Response in Opposition, ECF #48. On October 22, 2022, Appellees filed their Reply. Reply to Response, ECF #69. On October 25, 2022, the district court heard oral argument on Appellees’ Motion. Transcript of Proceedings, ECF #72. On November 7, 2022, the district court issued a limited preliminary injunction (“PI”), supported by a 184-page opinion. Decision and Preliminary Injunction, ECF #78 (“Op.”). The district court’s opinion denied Appellants’ request for a three-day stay, and the PI took effect immediately. Their TRO appeal mooted, Appellants, with Appellees’ consent, withdrew that appeal on November 9, 2022. Stipulation of Voluntary Dismissal, Doc. #74 (Docket No. 22-2379). On November 8, 2022, Appellants appealed the district court’s grant of the PI, and on November 12, 2022, filed a similar motion in this Court, seeking a stay pending appeal and an “administrative stay” pending resolution of their Motion. Docket No. 22-2908, Motion to Stay (“Motion”), Doc. #18. Although having requested three days in which to seek a stay from this Court, Appellants waited five days to file this Motion. While the cover sheet (Form T-1080) describes Appellants’ filing as a “motion for emergency interim stay,” their motion is not captioned as an “Emergency Motion,” nor does it use the word “emergency” at all. Nor does it comply with this Court’s rule requiring that it “state the date by which the movant believes the court must act.” See L.R. 27.1(d)(2) and (4). Cf. Appellants’ filing in Docket No. 22-2379, Motion for a Stay, ECF #16, cover sheet (“request that an interim administrative stay be granted by the end of the day on Tuesday (10/11).”). Nor does Appellants’ motion provide any explanation of “the nature of the emergency and the harm that the movant will suffer if the motion is not granted” (L.R. 27.1(d)(3)), alleging only that the district court’s order “risks substantial harm.” Motion at 15. Cf. Docket 22-2379, Motion for a Stay at 2, 3, 20 (alleging “serious risk of irreparable harm,” “substantial risks to public safety,” and “imminent risk to public safety.”). Despite those deficiencies, a three-judge panel of this Court – without response from or notice to Appellees – granted a “temporary stay” on November 15, 2022. Doc. #32. Problematically, that Order provides Appellants broader relief than they sought, granting a “temporary stay … of the preliminary injunction issued by the district court.” Id. In contrast, Appellants’ Motion made clear that they are not seeking to stay every part of the district court’s injunction. See Motion at 13 n.5 (seeking a stay for churches “except as to persons who have been tasked with the duty to keep the peace,” “Appellants do not seek a stay as to airports” and “private buses.”) (emphasis added). This Court’s administrative stay was issued notwithstanding that undersigned counsel inquired on November 14, 2022 as to whether the Court would be treating Appellants’ Motion as an “emergency” motion, and notwithstanding the fact that there was no mention of any emergency in the body of Appellant’s actual Motion. Contrast treatment of this motion with the prior “emergency” request from Appellees (22-2379) where, within hours of filing, the Clerk’s office contacted undersigned counsel on a federal holiday (October 10, 2022) and requested that Appellees file a response by noon that next day (October 11, 2022), so the Court would have Appellees’ response prior to deciding the administrative stay. No such instruction was given to Appellees in this appeal, and undersigned’s voicemail was not returned. Rather than waiting to hear from Appellees, the Court sua sponte stayed injunctive relief even as to matters where no stay was requested. Moreover, in issuing this broad administrative stay, this Court altered the status quo in New York (see Motion at 14), allowing non-appealed provisions of the CCIA back into effect thereby causing the very harm of which Appellants complain. See id. at 2 (alleging “confusion . . . resulting from the frequent changes in the applicable provisions of law. . . .”). Appellees oppose both stays sought by Appellants (including the administrative stay already issued), and ask this Court to deny Appellants’ Motion in its entirety. In their Motion, Appellants generally malign the district court’s preliminary injunction, but fail to note that the CCIA is no ordinary law – breathtaking in both its scope and its blatant unconstitutionality. The district court was correct to enjoin enforcement of many of the CCIA’s patently unconstitutional provisions, and this Court should (i) decline Appellants’ invitation to be the first circuit court to bless a statute specifically enacted to defy Bruen, (ii) vacate its improvidently granted administrative stay, and (iii) deny Appellants’ Motion. ____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

WHY DO PEOPLE LIKE NEW YORK’S GOVERNOR KATHY HOCHUL REFUSE TO ACCEPT THE FUNDAMENTAL, UNALIENABLE RIGHT TO ARMED SELF-DEFENSE?

POST-BRUEN—WHAT IT ALL MEANS AND WHAT ITS IMPACT IS BOTH FOR THOSE WHO SUPPORT AND CHERISH THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO DO NOT; THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY DESTROY THE EXERCISE OF THE RIGHT AND THOSE WHO SEEK TO PRESERVE AND STRENGTHEN THE RIGHT BOTH FOR THEMSELVES AND THEIR DESCENDANTS

MULTI SERIES

PART EIGHTEEN

THE NEW YORK HOCHUL ADMINISTRATION'S PROBLEMS ARE OF ITS OWN MAKING. IT WOULD RATHER SPEND ITS ENERGIES AND TAX-PAYER MONIES  FIGHTING LAW-ABIDING CITIZENS, RATHER THAN FIGHTING CRIME. NEW YORKERS CAN EXPECT MUCH MORE OF THIS IN THE FUTURE, FOUR YEARS OF IT.

On June 23, 2022, the U.S. Supreme Court came out with its third seminal case law rulings, following Heller in 2008 and McDonald in 2010. The three cases, taken together, hold the right of armed self-defense is a natural law right embodied in the Second Amendment.These three cases don’t sit well with State and local jurisdictions that abhor both guns and the notion of the right of civilian citizens to keep and bear them. And they have weaseled around the Heller and McDonald cases for over a decade—well before Bruen.Bruen arose as a direct challenge to one of the most restrictive Gun Law regimes in the Nation: codified in N.Y. Penal Law § 400.00 et. seq. The foundation of New York’s Gun Law is its draconian licensing requirement. All handgun licensing interposes the Government between the natural law right of the people to keep and bear arms and the Government that intrudes upon the exercise of that right.New York’s handgun licensing scheme is among the most intrusive in the Country.Prior to Bruen, a person who sought to carry a handgun had to demonstrate “proper cause” to do so. But the State Government held armed self-defense against a visible threat in public as de facto insufficient “proper cause” justification for issuance of a license to carry.The U.S. Supreme Court disagreed.In Bruen, the U.S. Supreme Court ruled the right of armed self-defense applies equally outside the home and in it. This ruling isn’t a Court based legal fiction, as Anti-Second Amendment proponents maintain. The right of armed self-defense is embodied in the Second Amendment.The Court in Bruen, and in Heller before it, simply illuminated and elucidated upon what the language of the Second Amendment asserts. It did not make new law.The Court thereupon struck down New York’s “may issue” “proper cause” requirement for those people applying for a concealed handgun carry license. Armed self-defense is de jure sufficient reason to carry, and it is presumptive in any application for a license. Therefore the applicant need not be required to expressly assert it.To be sure, New York Federal and State Courts never directly attacked the inherent right of the people to keep and bear arms because that was irrefutable natural law, cemented in the U.S. Constitution. And, if the Courts harbored the belief that the right, though fundamental, applied only to one’s service in a militia, the Heller case settled the matter, cadit quaestio.Even so, New York Courts routinely affirmed licensing officials’ denial of handgun carry licenses. The Courts reasoned that, even if a person has a fundamental, unalienable right to keep and bear arms, the person must have a valid handgun license to exercise the right, and acquiring one is a privilege, not a right, a privilege bestowed upon one by the grace of the State, and a privilege easily revoked. And, because the license serves as a condition precedent to exercising the right, the New York Government effectively created a proverbial “Catch 22.”Thus, Anti-Second Amendment jurisdictions could continue to offend the Second Amendment guarantee while pretending to pay homage to it.New York’s handgun licensing scheme interferes with the exercise of a natural law right on an elementary level. There’s no doubt about that. That fact is clear, categorical, unequivocal, and irrefutable.The Court simply tinkered gingerly around the edges.But, by failing to strike down the New York handgun licensing, as unconstitutional, it remains rigid, unscathed.Justices Thomas and Alito knew that the Bruen rulings were faulty, that the rulings did not go far enough, and they could not have been happy about that.They would have struck down the entirety of the licensing structure if given a free hand, but Chief Justice Roberts, and possibly Justice Kavanaugh, too, likely prevented them from doing so if they were to obtain their votes.In Heller, the late eminent Justice Antonin Scalia, along with Justices Thomas and Alito, had to make concessions to Roberts and to Associate Justice Kennedy to get their votes.Now, in Bruen, Justices Thomas and Alito had to make concessions once again. That meant they must leave Government licensing of handguns alone.And that was all that New York Governor Hochul and the Democrat Party-controlled Legislature in Albany needed to know. It gave them the edge they needed to slither around the Bruen rulings.The Anti-Second Amendment New York Government machine did strike the words, “Proper Cause,” from State Statute, but that meant nothing. They simply inserted “Proper Cause” into the “Good Moral Character” requirement of the State’s Gun Law. And the High Court in Bruen never struck down that latter requirement from the Gun Law.The “Good Moral Character” Requirement had hitherto existed as an unnecessary appendage to New York Gun Law, affixed to a licensing official’s denial of an application for any kind of handgun license.A licensing officer might for example refer to a person’s past arrest record in denying issuance. In the denial letter, the licensing officer would point to the arrest record as the basis for refusal, adding the redundant phrase that such past arrest record shows the applicant lacks Good Moral Character to possess a handgun.In the package of amendments, referred to as the “Concealed Carry Improvement Act” or “CCIA,” the Hochul Administration’s “Good Moral Character” Requirement serves now as the salient basis for denying one a handgun license of any kind: restricted premise or unrestricted carry license.The applicant for a New York handgun license must now produce a volume of information, demonstrating his internal thought processes, especially his political and social ones.Given the depth and breadth of the Amendments to the Gun Law, the Hochul Government likely had the amendments prepared well in advance of the U.S. Supreme Court rulings—their passage in the Senate and Hochul’s signing them into law operating as a mere formality, taking place scarcely a week after the Court came down with its decision.The challenges to those amendments came just as hurriedly.The U.S. District Court for the Northern District of New York dismissed the original suit filed against enforcement of the CCIA, without prejudice. But the Court had dismissed the case for administrative, not substantive failings, in the lawsuit. The Court made clear its concern with the law, tacitly encouraging the Plaintiff, Ivan Antonyuk, holder of a valid New York handgun carry license, to refile his complaint.Hochul, as the scurrilous politician she is, took the dismissal as a win and said in a statement on her website that the Court agreed with the constitutionality of the CCIA. It did not.The original Plaintiff, Antonyuk, along with several other holders of New York handgun carry licenses filed a new lawsuit.This time, they named Governor Hochul as a Party Defendant, along with several other New York officials, including the Attorney General of the State.And this time the same U.S. District Court that heard and dismissed the original suit, granted the Plaintiffs a Temporary Restraining Order (TRO).Hochul was furious and her Attorney General immediately filed an emergency appeal of the District Court’s order, to the U.S. Court of Appeals for the Second Circuit. Not unexpectedly, the Second Circuit did not act on the Appeal, probably because the Midterm Elections were around the corner, and the Court may have wished to wait to see whether Hochul was elected Governor although that should not factor into their decision.The Midterms are now over, and, whether Hochul won the election by hook or crook, she is York’s Governor, and the residents of the State must suffer her for at least four years. And that means, among other things, that she will fervently defend New York’s amendments to its Gun Law. And she has plenty of time to do so. And that raises the question:What will the Second Circuit do? Will it overturn the TRO or allow it to continue? If the TRO were the only matter before the Court, the Second Circuit would remand the case to the District Court that had issued it.The Second Circuit could issue its order keeping the stay in place while the District Court decides the substantive issues. That would benefit the Plaintiffs. Time would be on their side because Hochul could not lawfully enforce the CCIA during discovery and trial, however long that takes. Or the Second Circuit could lift the stay. That would benefit Hochul, as she would be free to enforce the CCIA while the District Court hears the Constitutional challenges to it. That would benefit Hochul and her Administration. They would likely prolong a final resolution of the case as the District Court had made known its antipathy toward the CCIA in lengthy Court opinions.But, as Hochul’s appeal of the TRO order remains still to be acted on by the Second Circuit, the District Court that ordered a TRO against Hochul’s enforcement of the CCIA had recently ruled on Plaintiffs Motion for a Preliminary Injunction, filed on September 2022. The case is Antonyuk vs. Hochul, (Antonyuk II), 2022 U.S. Dist. LEXIS 201944 (N.D.N.Y. November 7, 2022)Contributing Ammoland writer John Crump wrote about this in his article posted on Ammoland, on November 7, 2022.The District Court’s impetus for this new ruling on a Preliminary Injunction though might render the TRO moot.Why did the District Court rule on the Preliminary Injunction before the Second Circuit ruled on the TRO?This might be due to the actions of Hochul’s Government, itself.In a caustic, strident, YouTube video, a new Acting Superintendent of State Police, Steven Nigrelli, replacing Kevin Bruen, threatened New York gun owners. The District Court wasn’t amused. In its comprehensive detailed opinion, the Court commented on Nigrelli’s outburst, saying this:“. . . unlike Superintendent Kevin Bruen in Antonyuk I, here Defendant Nigrelli has been shown to have threatened a ‘zero tolerance’ enforcement of the CCIA. On August 31, 2022, Defendant Nigrelli stated as follows in a YouTube video:‘We ensured that the lawful, responsible gun owners have the tools now to remain compliant with the law. For those who choose to violate this law . . . Governor, it's an easy message. I don't have to spell it out more than this. We'll have zero tolerance. If you violate this law, you will be arrested. Simple as that. Because the New York State Troopers are standing ready to do our job to ensure . . .  all laws are enforced.’Of course, here, Defendant Nigrelli did not limit his YouTube message to Plaintiffs. . . . However, five of the six Plaintiffs were members of the specific group of citizens (concealed-carry license holders) in New York State that was orally and visibly threatened by Defendant Nigrelli on August 31, 2022. The fact that the oral and visible threat occurred by video rather than in person fails to serve as a material distinction here, in the Court's view. For example, the fact that Nigrelli did not personally know yet of Defendant Mann's existence (as he does now) appears of little consequence, given that Defendant Nigrelli's 3,500 State Troopers were ‘standing ready’ to investigate and discover the violators. Indeed, the fact that the threat occurred by video actually increases the potency of it, due to its ability to be replayed. And Plaintiff Mann heard the message. It is difficult to see how one could fairly say that Defendant Nigrelli did not expressly direct his threat, in part, at Plaintiff Mann. In this way, Defendant Nigrelli's statement on August 31, 2022, was more than (as the State Defendants argue) a ‘generalized statement[] made . . . in the press.’ Rather, his statement specifically referenced arrest and was made in a YouTube video aimed specifically at license holders such as Plaintiff Mann who were considering violating Sections 4 or 5 of the CCIA.  As a result, the Court finds that Defendant Nigrelli has been charged with, and/or has assumed, the specific duty to enforce the CCIA.Finally, the Court finds that these threats of arrest and prosecution, or even mere citation and/or seizure of his handgun, are enough to show that Plaintiff Mann faces a credible threat of enforcement of Section 4 of the CCIA, which is fairly traceable to Defendants Hilton, Oakes and Nigrelli [Court documents and Case Citations omitted].”The Court opined that the Government’s message is demonstrative of the Plaintiffs’ concern they would be arrested for carrying a handgun in public—this notwithstanding the fact the Plaintiffs currently hold valid New York handgun carry licenses.The CCIA severely restricts where holders of New York handgun licenses can carry licenses.The Court’s granting of the Plaintiffs’ Preliminary Injunction in substantial part, introduces a new wrinkle in what has grown into a complicated legal matter, and all due to Kathy Hochul’s stubborn refusal to comply with U.S. Supreme Court rulings, along with her contemptuous attitude toward law-abiding American citizens who simply wish to exercise their fundamental, natural law right of armed self-defense.Hochul’s team will file a response to the District Court’s November 7, 2022, Preliminary Injunction ruling. No doubt the AG’s Office is working on it at this moment, and it will submit it to the Second Circuit in a few days.Hochul may ask the Second Circuit to suspend a ruling on the TRO in view of the District Court’s new ruling on the Plaintiffs’ preliminary injunction.The Second Circuit may itself, on its own motion, sua sponte, suspend a ruling on the TRO or, render the TRO matter given the District Court’s ruling on the Preliminary Injunction.The District Court ruling may have the effect of a final order on the merits. If so, this means the Second Circuit itself might render a final decision on at least a portion of the substantive merits of the issues on the constitutionality of the CCIA.If the Second Circuit affirms the Preliminary Injunction and, further, treats it like a Permanent Injunction that will render those portions of the CCIA affected by the Injunction permanently unenforceable.At that point, the administration's options will be limited. Hochul’s Government could appeal the decision to the U.S. Supreme Court, but she likely wouldn’t do that. Of course, the High Court need not hear the case. The problem is that it probably would, and that would be dangerous for both New York and all Anti-Second Amendment jurisdictions.The Court could grant review and use the opportunity to strike down the entirety of the New York handgun licensing structure. The Court would likely be in the frame of mind to do so, given Hochul’s contemptuous attitude toward the Court.The Hochul Administration could also ask for an en banc Second Circuit Court hearing. That means the entire Second Circuit would be empaneled to hear the case. Hochul would prefer that option, as the safest strategy. But the Second Circuit need not grant her a hearing of the full Bench. As with the U.S. Supreme Court, an appellant cannot demand a hearing of the full Bench, as a matter of right.There are more wrinkles in this Post-Bruen morass than on a Shar Pei.We’ll just have to wait and see how this all plays out.The natural law right of armed self-defense is coming to an ultimate showdown. At present that showdown is being fought in the Courts. Hopefully, it will not have to be fought in the streets. It need not come to that. Let us all hope it doesn’t.____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

WHY DO SOME STATE GOVERNMENTS AND THE FEDERAL GOVERNMENT BLATANTLY DEFY SECOND AMENDMENT RULINGS OF THE UNITED STATES SUPREME COURT?

POST-BRUEN—WHAT IT ALL MEANS AND WHAT ITS IMPACT IS BOTH FOR THOSE WHO SUPPORT AND CHERISH THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO DO NOT; THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY DESTROY THE EXERCISE OF THE RIGHT AND THOSE WHO SEEK TO PRESERVE AND STRENGTHEN THE RIGHT BOTH FOR THEMSELVES AND THEIR DESCENDANTS

MULTI SERIES

PART FOURTEEN

WHY DO SOME STATE GOVERNMENTS AND THE FEDERAL GOVERNMENT BLATANTLY DEFY SECOND AMENDMENT RULINGS OF THE UNITED STATES SUPREME COURT?

Scarcely eight years had passed since ratification of the U.S. Constitution in 1788 when the question of the power and authority of the U.S. Supreme Court came to a head in the famous case of Marbury versus Madison. The High Court made its authority felt in a clear, cogent, categorical, and indisputable language in this seminal 1803 case.The facts surrounding the case are abstruse, generating substantial scholarly debate. But what some legal scholars discern as having little importance to the logical and legal gymnastics the Court at the time had to wrestle with, and upon which legal scholars, historians, and logicians have directed their attention today, has become a cause célèbre today:“It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity, expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. . . . This is of the very essence of judicial duty.” Marbury vs. Madison, 5 U.S. 137; 2 L. Ed. 60; Cranch 137 (1803)Article 3, Section Two of the U.S. Constitution establishes the powers of the Court:“The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution. . . .” The Constitution’s Framers sought to make the import of the articles and amendments to it as plain and succinct. And they did a good job of it.Even so, ruthless, powerful individuals in the Federal Government and in the States ever strive to thwart the plain meaning and purport of the U.S. Constitution in pursuit of their own selfish interests, imputing vagaries to language even where the language is plain and unambiguous to serve their own selfish ends to the detriment of both Country and people. And that ruthlessness extends to those who, with vast sums of money at their disposal, influence these “servants of the people,” in pursuit of and to achieve their own nefarious interests and goals.Back then, over two centuries ago, when the U.S. Supreme Court agreed to hear the case of Marbury vs. Madison, the Court deftly side-stepped the delicate political and legislative issues of the day that gave rise to the case and carved out the Court’s own territory.The High Court made two points abundantly clear:One, the U.S. Supreme Court does not answer to either the Executive or Legislative Branch. It is not to be perceived as a poor stepchild of either of those two Branches. It is a Co-Equal Branch of the Federal Government.Two, on matters impacting the meaning and purpose of the U.S. Constitution, neither the U.S. President nor Congress can lawfully ignore the Court’s rulings. This means that, where the Court has spoken on challenges to unconstitutional laws, finding particular laws of Congress to be unconstitutional, Congress has no lawful authority to ignore and countermand those rulings, or circumvent those rulings by enacting new laws that purport to do the same thing as the laws that the Court has struck down. Nor can the U.S. President cannot override the Constitutional constraints imposed on his actions.The States, too, are forbidden to ignore Supreme Court rulings, striking down unconstitutional State enactments. Nor are the States permitted to repurpose old laws or create new laws that do the same thing—operate in violate of the U.S. Constitution.  Jump forward in time to the present day.The Federal Government and all too many State and municipal Governments routinely defy the High Court’s rulings, engaging in unconstitutional conduct.But this defiance and even contempt of the High Court rulings leaves an American to ponder, “why?”Even cursory reflection elucidates the answer to that question. The answer is as plain as the text of Article Three, Section 2 of the Constitution, itself.The High Court has neither power over “the purse” that Congress wields, nor power over the Nation’s “standing army” the Chief Executive controls.Yet, the fact remains the U.S. Supreme Court is the only Branch of Government with ultimate say over the meaning of the U.S. Constitution, as Marbury made clear, well over two hundred years ago. To say what the Constitution means, when conflict or challenge to that meaning arises is within the sole province of the High Court.Unfortunately, without the capacity to withhold funds over the operation of Government, nor power to enforce its judgments by force of arms, the Court’s rulings are all too often, blatantly ignored or cavalierly dismissed.As if this weren’t bad enough, the mere fact of the Court’s authority is now actively contested.Audaciously, some individuals in Government, in the Press, and in academia, have recently argued the U.S. Supreme Court’s authority to say what the law is, should not be vested in the High Court, regardless of the strictures of Article Three, Section Two of the U.S. Constitution.Consider, an Op-Ed, titled, “Should the Supreme Court Matter So Much?” The essay appeared in The New York Times, and not that long ago, in 2018, written by Barry P. McDonald, an attorney and Law Professor no less who exclaims:“When the founders established our system of self-government, they didn’t expend much effort on the judicial branch. Of the roughly three and a half long pieces of inscribed parchment that make up the Constitution, the first two pages are devoted to designing Congress. Most of the next full page focuses on the president. The final three-quarters of a page contains various provisions, including just five sentences establishing a ‘supreme court,’ any optional lower courts Congress might create and the types of cases those courts could hear.Why was the judicial branch given such short shrift? Because in a democracy, the political branches of government — those accountable to the people through elections — were expected to run things. The courts could get involved only as was necessary to resolve disputes, and even then under congressional supervision of their dockets.It was widely recognized that the Supreme Court was the least important of the three branches: It was the only branch to lack its own building (it was housed in a chamber of Congress), and the best lawyers were seldom enthusiastic about serving on it (John Jay, the Court’s first chief justice, resigned within six years and described the institution as lacking ‘energy, weight and dignity’).When disputes came before the Supreme Court, the justices were expected to ensure that Americans received ‘due process’ — that they would be ruled by the ‘law of the land’ rather than the whims of ruling individuals. In short, the Court was to play a limited role in American democracy, and when it did get involved, its job was to ensure that its judgments were based on legal rules that were applied fairly and impartially.What about the task of interpreting the Constitution? This question is the subject of some debate, but the founders most likely believed that each branch of government had the right and duty to determine for itself what the Constitution demanded, unless the Constitution was clearly transgressed. If the Constitution was clearly transgressed, the Supreme Court had a duty to hold Congress or the president accountable — but only in the case before it. The founders almost certainly did not envision a roving mandate for the Supreme Court to dictate to Congress, the president or state governments what actions comported with the Constitution (unless they were a party to a case before it).” The question of interpreting the Constitution is the subject of some debate? Really? Apparently, this Law Professor, Barry McDonald, has wholly forgotten the import of Marbury versus Madison, a case burnt into the mind of every first-year law student. His remarks are eccentric, disturbing, and disheartening.If the Framers of the U.S. Constitution really had such a low opinion of the High Court, they would not have constructed a Government with a Third Branch but would have subsumed it into one of the first two? Obviously, the Framers thought enough about the singular importance of the U.S. Supreme Court, to include it in the framework of the Federal Government, and as a co-equal Branch of that Government.It is one thing to ignore the U.S. Supreme Court’s rulings because of an antipathy toward those rulings and claim the Court can’t do anything about it anyway because the Court hasn’t power to enforce its rulings. That is bad enough. But it is quite another thing to argue the Court has no reason to exist, ought not to exist, and thereupon rationalize doing away with the Third Branch of Government or otherwise reducing its authority to render rulings to a nullity by Executive Branch or Legislative Branch edict.Application of alien predilections, predispositions, and ideology to the Nation’s governance is a path to abject tyranny; to dissolution of the Republic; defilement of the Nation’s culture and history and heritage; destruction of societal order and cohesion; and abasement and subjugation of a sovereign people. The Nation is on a runaway train, running full throttle, about to make an impact with a massive brick wall.The New York Times just loves to publish articles by credentialed individuals who hold views well beyond the pale of those held by their brethren if those views happen to conform to, and strengthen, and push the socio-political narrative of the newspaper’s publishers and editorial staff.Use of such dubious, fringe views to support a viewpoint is a classic example of “confirmation bias,” an informal fallacy.There are dozens of informal fallacies. And the American public is force-fed ideas that routinely exemplify one or more of them.This defiance of State and Federal Government actors to adhere to the Court’s rulings and even to contest the authority of the Court is most pronounced, most acute, and, unfortunately, most prevalent, in matters pertaining to the import of fundamental, unalienable rights and liberties of the American people—and none more so than the citizen’s right of armed self-defense.Consider——In the first decade of the 21st Century, the U.S. Supreme Court ruled clearly and unequivocally in Heller versus District of Columbia that the right of the people to keep and bear arms is an individual right, unconnected with one’s service in a militia. Associate Justice Antonin Scalia penned the majority opinion.Among its other rulings in Heller, the High Court held the District of Columbia’s blanket ban on handguns impermissibly infringes the core of the Second Amendment. It thereupon struck down the D.C. ban on handguns as unconstitutional.And the Court also held a person has a right to immediate access to a handgun in one’s self-defense. Not surprisingly, Anti-Second Amendment jurisdictions disliked these rulings and were intent on disobeying them, and arrogantly defied the Court.Looking for an excuse to defy Heller, these jurisdictions argued that Heller applies only to the Federal Government, not to them. That led to an immediate challenge, and the High Court took up the case in McDonald vs. City of Chicago.Here, Justice Alito writing for the majority, opined the Heller rulings apply with equal force to the States, through operation of the Fourteenth Amendment.Did the Anti-Second Amendment States abide by the Court’s rulings, after McDonald? No, they did not!They again defied the Court, conjuring up all sorts of reasons to deny to the American citizen his unalienable right to keep and bear arms in his self-defense.The States in these Anti-Second Amendment jurisdictions claimed that, even if a person has a right to armed self-defense inside his home, the right to do so does not extend to the carrying of a handgun outside the home.The State and Federal Courts in these jurisdictions conveniently misconstrued the Supreme Court’s test for ascertaining the constitutionality of Government action infringing exercise of the right codified in the Second Amendment. These Anti-Second Amendment jurisdictions also placed bans on semiautomatic weapons, fabricating a legal fiction for them; referring to them as “assault weapons.”  American citizens challenged the constitutionality of all these issues. And many of these cases wended their way up to the U.S. Supreme Court, only to be thwarted because the Court could not muster sufficient support among the Justices to deal with the flagrant violation of Second Amendment Heller and McDonald rulings and reasoning.One of these cases was the 2015 Seventh Circuit case, Friedman versus City of Highland Park, Illinois.The liberal wing of the Court didn’t want the case to be heard. That was no surprise.But, apparently, Chief Justice John Roberts, and Associate Justice Anthony Kennedy didn’t want to hear the case either.Justices Clarence Thomas and Antonin Scalia were furious and said so in a comprehensive dissenting opinion.Had the Court taken up the Friedman case, Americans would have been spared this nonsense of “assault weapon” bans. The Court would have ruled these bans unconstitutional on their face, in which event the Federal Government and Anti-Second Amendment State governments would be hard-pressed to make a case for wasting valuable time and taxpayer monies dealing with an issue the High Court had ruled on. Unfortunately, the Friedman case and many others were not taken up by the Court.Americans are compelled to continue to spend considerable time and money in challenging a continuous stream of unconstitutional Second Amendment Government action. And often, this is a futile expenditure of time, money, and effort, albeit a noble and necessary one all the same._________________________________________

NEW YORK GOVERNOR KATHY HOCHUL UNFAZED BY CHALLENGES TO NEW YORK GUN LAW: “GO FOR IT,” SHE RETORTS!

One of the most persistent and virulently Anti-Second Amendment jurisdictions, that has spurred numerous challenges to unconstitutional and unconscionable constraints on the Second Amendment through the decades, is New York.In 2020, four years after Associate Justice Antonin Scalia died, under disturbingly suspicious circumstances, and shortly after Justice Anthony Kennedy retired from the Bench, and the U.S. Senate confirmed President Donald Trump’s first nominee, Brett Kavanaugh, to a seat on the High Court, the Court took up the case, NYSRPA vs. City of New York—often referred to colloquially as the “NY Gun Transport” case. An extensive explication of that case is found in a series of AQ articles posted on our website. See, e.g., our article posted on April 27, 2020, and reposted in Ammoland Shooting Sports News on the same date. A second U.S. Supreme Court case, coming out of New York, NYSRPA versus Bruen, officially released on June 23, 2022, ruled New York’s “proper cause” requirement unconstitutional.New York Governor Kathy Hochul and the Democrat Party-controlled Legislature in Albany thereupon struck the words “proper cause” from the State’s Gun Law, the Sullivan Act, codified in Section 400.00 of the State’s Penal Code. But, doing so served merely as a blind.Had the Hochul Government refrained from tinkering with the rest of the text of the Statute and other Code sections, it might well have avoided further constitutional challenges from justifiably irate New Yorkers. It did not.Hochul and Albany did not stop with the striking of “proper cause” from the Gun Law. It went well beyond that. Her Government and Albany wrote a detailed set of amendments to the Gun Law. The package of amendments, titled the “Concealed Carry Law Improvement Act,” “CCIA,” do not conform to the Bruen rulings but, rather, slither all around them. On a superficial level, deletion of the words “proper cause” might be seen by some, as Hochul and Albany had perhaps hoped, to forestall legal challenge. But, if challenge came, time would be, after all, on the Government’s side. And Hochul knew this.The Government has money enough to fight a protracted Court battle. The challenger, more likely, does not. Even finding a suitable challenger takes considerable time, exorbitant sums of money to file a lawsuit, and substantial time to take a Second Amendment case to the U.S. Supreme Court. And it is far from certain the Court will review a case even if a petition for hearing is filed, for the Court grants very few petitions.For well over a century the New York Government has inexorably whittled away at the right of armed self-defense in New York. And it has successfully weathered all attacks all the while. The New York Government wasn’t going to let the U.S. Supreme Court now, in the Bruen case, to throw a wrench into attaining its end goal: the elimination of armed self-defense in New York. Much energy went into the creation of the CCIA. It is a decisive and defiant response to the U.S. Supreme Court and furthers its goal to constrain armed self-defense in the public sphere.Likely, given the length, breadth, and depth of the CCIA, the Government saw Bruen coming, long before the case was filed, and had ample time to draft the contours of the CCIA a couple of years ago. A clue that another U.S. Supreme Court case, challenging New York’s Gun Law, would loom, presented itself in Associate Justice Samuel Alito’s dissenting opinion, joined by Justices Clarence Thomas and Neil Gorsuch.  Justices Alito, Thomas, and Gorsuch had made known their strong disapproval of the way the “Gun Transport” case was handled, after the Chief Justice and Associate Justice Brett Kavanaugh cast their lot with the Anti-Second Amendment liberal wing of the Court, allowing the case to be unceremoniously and erroneously shunted aside, sans review of the merits of the case. A day of reckoning with New York’s insufferable Gun Law was coming. The Government of New York could not reasonably doubt that. The core of the Gun Law would be challenged, and the U.S. Supreme Court would hear that challenge. The Government likely worked up a draft response to an antagonistic U.S. Supreme Court ruling on the core of the Gun Law in 2020, shortly after the New York “Gun Transport” case ruling came down. That draft response would become the CCIA.The Government likely completed its draft of the CCIA well before Bruen was taken up by the High Court. The Government had only to fine-tune the CCIA immediately after oral argument in early November 2021. And the Government did so. Hochul almost certainly received advance notice of the text of the majority opinion within days or weeks after the hearing before the New Year had rung in. Nothing else can explain the speed at which Albany had passed the CCIA and Hochul had signed it into law: July 1, 2022, just eight days after the Court had released the Bruen decision, June 23, 2022.The CCIA amendments to the Gun Law integrate very nicely with and into other recent New York antigun legislation, passed by Albany and signed into law by Hochul. Thus, contrary to what the Governor’s website proclaims, the amendments were not “devised to align with the Supreme Court’s recent decision in NYSRPA v. Bruen.” Rather these amendments were devised to align with other New York antigun legislation. What does this portend for New Yorkers? Those New Yorkers who had hoped to be able to obtain a New York concealed handgun carry license with relative ease will now find procuring such a license no less difficult than before the enactment of the CCIA.Most hard-hit are those present holders of New York City and New York County unrestricted concealed handgun carry licenses. The “proper cause” hoop that present holders of such concealed handgun carry licenses were able to successfully jump through is of no use to them now. These renewal applicants must now satisfy a slew of new requirements—more draconian than the original ones they had previously successfully navigated. All New York concealed handgun carry applicants are now in the same boat. And meeting the new requirements are exceedingly difficult. Despite the clear intent of the Bruen rulings, to make it easier for more Americans to obtain a New York concealed handgun carry license, it is now harder. Likely, very few individuals will be able to successfully pass through the hurdles necessary to obtain a New York license the CCIA requires. Thus, getting a license will remain a coveted prize, difficult to gain as previously, and likely even more so.And the few individuals who do happen to secure a valid New York concealed handgun carry license will find themselves in a precarious situation for all the troubles they had in getting it.These new license holders will find exercise of the right of armed self-defense outside one’s home or place of business, in the public realm, full of traps and snares that did not previously exist. And there is something more alarming.The mere act of applying for a concealed carry license—whether the license is issued or not—now requires the applicant to divulge a wealth of highly personal information that, hitherto, an applicant never had to divulge, and the licensing authority had never asked an applicant to divulge. And, if a person fails to secure a license, his personal data will remain in his State police file, indefinitely, and will likely be turned over to the DOJ, DHS, ATF, IRS, and/or to a slew of State or Federal mental health agencies. All manner of harm may be visited upon the person that otherwise would not have occurred had the individual not bothered to apply for a New York concealed handgun carry license in the first place. To apply for a New York concealed handgun carry license, an applicant may unwittingly be alerting both the New York Government and the Federal Government that he is a “MAGA” supporter, and therefore a potential “Domestic Terrorist.” And, if so, he is then targeted for special treatment: surveillance, harassment, exploitation, or extortion. And he cannot claim a violation of his Fourth Amendment right to be free from unreasonable searches and seizures because he voluntarily relinquished that right when he applied for a concealed handgun carry license.If one thinks this is farfetched, consider the excesses committed by the Biden Administration directed to average Americans in the last several months.We explore these troubling matters, in connection with the application requirements for a New York concealed handgun carry license, in the next few articles.____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

NEWS ALERT AND CALL FOR ACTION: ALL NEW YORK GUN OWNERS

POST-BRUEN—WHAT IT ALL MEANS AND WHAT ITS IMPACT IS BOTH FOR THOSE WHO SUPPORT AND CHERISH THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO DO NOT; THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY DESTROY THE EXERCISE OF THE RIGHT AND THOSE WHO SEEK TO PRESERVE AND STRENGTHEN THE RIGHT BOTH FOR THEMSELVES AND THEIR DESCENDANTS

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SUPPLEMENTAL

NEWS ALERT AND CALL TO ACTION FOR ALL NEW YORK PRESENT HOLDERS OF VALID CONCEALED HANDGUN CARRY LICENSES AND APPLICANTS:

YOUR NATURAL LAW RIGHT OF ARMED SELF-DEFENSE IS AT RISK

Effective September 4, 2022, all New York State Gun licensees and prospective Licensees are subject to changes in the Gun Law, NY CLS Penal § 400.00.BEWARE and BE AWARE of these changes and what they mean to you as a gun owner in New York!

THE CHANGES TO THE GUN LAW ARE SUBSTANTIAL IN NUMBER, BROAD IN SCOPE, AND ELABORATE IN DETAIL

These changes affect not only the Gun Law but related laws running throughout the New York Penal Code and they are all tied together in an intricate, inextricable knot.The impact of these laws on your right to armed self-defense is both immediate and dire.The New York Government wasted no time in getting the changes to New York’s Gun Law enacted for fast implementation.CONSIDER——The U.S. Supreme Court officially released the Bruen decision on June 23, 2022.New York Governor Kathy Hochul signed the amendments to the Gun law into law on the same day the Legislature passed them, July 1, 2022.Yet not two weeks had elapsed between the official release of Bruen and the enactment of changes to the Gun Law.It is quite a remarkable feat by the New York Government in such a short period; too remarkable to be believed, given the breadth and complexity of the amendments to the Gun Law, the speed at which the work was completed, voted on, passed by the State Senate, and signed into law by the Governor.Hochul must have had substantial advanced notice of the decision, after the oral argument in November 2021, when the Justices were working on their draft opinions.With ample time available to them, a host of Anti-Second Amendment forces, including attorneys, political consultants, and Executive Branch and Legislative staff working for Kathy Hochul and the State Legislators in Albany, must have worked fervently in concert.They had time enough to concoct a scheme to circumvent the Court’s carefully drawn rulings, protecting the core of New York’s Gun Law, in effect since 1911, and all the while pretending to comply with the High Court’s rulings.The amendments to the Gun Law, that the Government devised, are as ingenious as they are diabolical.The amendments collectively, are titled, the “Concealed Carry Improvement Act” (“CCIA”).ASK YOURSELF——Is the word, ‘IMPROVEMENT,’ as it appears in the CCIA, truly an improvement on New York’s Gun Law? It is surely an odd choice of verbiage.The term ‘improvement’ suggests advances to the Gun Law that operate to benefit someone or something.In what way is the CCIA an improvement over the prior Gun Law and who do they benefit and whose interests does the CCIA truly serve?The short answer to that is this——It certainly doesn’t improve the plight of those seeking to get, for the first time, a New York concealed handgun carry license; nor does the CCIA benefit those who hold a valid concealed handgun license and who seek to renew that license when the license is due for renewal.If it is you who intends to apply for the first time or who already holds a valid license to carry a handgun, the CCIA doesn’t enhance your chances of securing a license. Or, if you hold a license, it doesn’t enhance your ability to exercise your Second Amendment natural law right of armed self-defense outside the home. Rather, it serves the New York Government’s interests to ensure that your chances of securing a handgun carry license for the first time are no greater than they were before the enactment of the CCIA and, in fact, worse. And all handgun carry licenses now operate as “restricted”, not “unrestricted” carry licenses.The term ‘improvement,’ as it appears in the CCIA, is slippery and evasive; deliberately so.The Government doesn’t want average, law-abiding, responsible civilian citizens to carry handguns in public for self-defense, and never did. And the CCIA makes getting a license as difficult as ever. For the few licenses that the licensing authority issues, there are severe constraints on using a handgun for self-defense—much more so than in the past.The CCIA, no less than its progenitor, the original Sullivan Act, that mandated gun licensing well over a century ago, in 1911, places obstacles in the path of anyone who desires to exercise their Second Amendment right to keep and bear arms, especially those who desire to carry a handgun for self-defense in the public arena.The CCIA is the product of Anti-Second Amendment zealots and fanatics. The Bruen rulings mean nothing to them.How bad is the CCIA? It is worse than you can imagine. It all boils down to this:If you believe the New York State Government enacted the CCIA to comply with U.S. Supreme Court rulings in NYSRPA vs. Bruen, you are sorely mistaken. It doesn’t!If you believe the CCIA now makes it easier for you to get an unrestricted New York concealed handgun carry license because the U.S. Supreme Court struck down New York’s “proper cause” Gun Law requirement, you are naïve. It won’t!And if you are one of the few seemingly lucky ones to gain a valid concealed handgun carry license, don’t think you can thereupon use your handgun for self-defense outside the home. A careful analysis of the law shows that you can’t! The CCIA renders a concealed handgun carry license essentially useless.The State Legislature in Albany that passed the CCIA and New York Governor Kathy Hochul who signed it into law have hoodwinked the public into believing a concealed handgun carry license is now much more than it is when, in fact, it is much less than it ever was.There are steps we can take to compel Kathy Hochul and the New York State Legislature to comply with Bruen.The Arbalest Quarrel has contacted exceptional attorneys; specialists on the Second Amendment and experts on New York Gun laws, who stand ready to sue in Federal District Court to compel the New York Government to comply with the rulings of the U.S. Supreme Court.You can help us compel Kathy Hochul and the State Legislature to adhere to the Supreme Court rulings in Bruen.To get the ball rolling, two things need to occur—ONE: The lawsuit requires funding.Even a few dollars contributions will help. Please contact Ammoland Shooting Sports News. We will coordinate efforts with them.TWO: We need at least one individual who presently holds a valid New York concealed handgun carry license, or who intends shortly to apply for one, in whose name the attorneys will sue the New York Government, specifically, the New York Police Superintendent, Kevin P. Bruen, in federal District Court. Since the dunderheads in the New York Government, Kathy Hochul, and the Democrat Party-Controlled Legislators in Albany failed to heed the U.S. Supreme Court in NYSRPA vs. Bruen, it is necessary to take further Federal Court action against them. We won't go away.Americans must stop Governor Kathy Hochul’s abominable attack on the Second Amendment.Hochul and other Anti-Second Amendment zealots think they are untouchable and indestructible. They aren't, but they act as if they are.They think they can continue to trash the U.S. Constitution, deny Americans their natural law right of armed self-defense, and treat American citizens like wayward children whom they can boss around as they wish. They can't unless we let them. Their actions are morally reprehensible and legally indefensible.Kathy Hochul is wrong, and the Legislature in Albany is wrong. It is our natural law rights that are immutable, untouchable, and indestructible. Governor Hochul and the Legislature in Albany aren’t. Their actions are morally and legally The American citizenry is sovereign over Nation and Government, not Government officials and legislators. But Anti-Second Amendment people wish to turn this around. And they will do so if the armed citizenry ceases to exist.This is a battle we cannot afford to lose. But it will take money, energy, time, and fortitude to turn things around.Nothing is more sacred to nor more central to the preservation of our Republic than the right of the people to keep and bear arms. And nothing is worth more preserving than the right of the people to keep and bear arms: for ourselves; for our children; and for the memory of those who fought and died to defend our Great Nation—going back to the American Revolution.The U.S. Supreme Court has given the American people ammunition with its rulings in Heller, McDonald, and now Bruen. But the greater effort rests on the American citizenry itself to use the ammunition the High Court has given us.Anti-Second Amendment forces have acted with impunity against the Constitution, the High Court, and the American people, and they will continue to do so until we have lost everything of value: our Country, our Constitution, our sacred rights and liberties—unless we make clear to them they cannot get away with this.Now is not the time to sit back in our chairs, idly. We must meet these destructive forces head-on. To hesitate is to capitulate. And to capitulate is to lose everything.Once lost, our Country, Constitution, and natural law rights are gone forever.We are all in this together. We must all do our active part. And all of us need to help each other in this gargantuan effort. No other endeavor is more important.Please help us preserve our most sacred right of armed self-defense against predatory men and predatory Government.At the very least, if you are a citizen living in New York, please be sure to cast your vote for Lee Zeldin for Governor of New York, in the upcoming November Midterm elections. And please contact Zeldin's campaign, telling him he must be forceful in addressing Hochul's virulent attack on the Second Amendment and on the failure of her Administration to tackle the crime problem and the faulty, criminal justice system in New York City. To let lunatics and psychopaths run amok in New York, terrorizing innocent citizens at random, and at the same time curtailing a citizen's right to armed self-defense, in clear defiance of U.S. Supreme Court rulings in Bruen, is abhorrent to the conscience. No sane person would allow this. And yet, Democrats have such a stranglehold on New York, that insanity reigns in the City and the State. This has to stop!  If you have questions for AQ regarding this alert, we will be happy to answer them and will do so expeditiously. Please forward your queries to Ammoland in the care of AQ.In future segments, AQ will explain specifically how New York’s CCIA impairs the Second Amendment and conflicts with the Bruen rulings.The CCIA is venomous, and in ways you cannot imagine. It enrages us. It will enrage you, too.We have analyzed much of Bruen already and laid out our analysis for you in the last several articles posted here on the Arbalest Quarrel. And Ammoland Shooting Sports News has kindly reposted much of our work. But there is more in the U.S. Supreme Court Bruen case and in New York's response to it we must still work through, and much work is, at the moment, in various stages of completion. We will continue to provide you with our analysis in forthcoming articles, published right here on AQ, and in Ammoland.____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

“‘PROPER CAUSE’ IS DEAD”! “LONG LIVE ‘PROPER CAUSE’”?

POST-BRUEN—WHAT IT ALL MEANS AND WHAT ITS IMPACT IS BOTH FOR THOSE WHO SUPPORT AND CHERISH THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO DO NOT; THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY TO DESTROY EXERCISE OF THE RIGHT AND THOSE WHO SEEK TO PRESERVE AND STRENGTHEN THE RIGHT BOTH FOR THEMSELVES AND THEIR DESCENDANTS

MULTISERIES

PART ELEVEN

“‘PROPER CAUSE’ IS DEAD”! “LONG LIVE ‘PROPER CAUSE’”?

Any State that would denigrate the right of the people to keep and bear arms is a throwback to monarchical tyranny—the very thing the founders of our Republic fought against. New York is one such State of the Union that operates as a throwback to monarchical tyranny.How did this animosity toward the Second Amendment come to pass in New York? Truth to tell, it had been so for a very long time.New York has fought against recognition of the right of the people to keep and bear arms for over one hundred years. And the State is all the worse for it. Even as New York ostensibly extols concern for democracy and claims regard for the oppressed in society, it arguably harbors a scarcely disguised bias against the common man. New York’s Sullivan Act, the progenitor of the present oppressive and repressive Gun Law, codified in NY CLS Penal § 400.00 et. seq. as amended (2021 Bill Text NY S.B. 1B), effective September 2, 2022, has a legacy of iniquity behind it:“An ethnic bias lurked behind this act. There had long been an association in New York of Italians and crime, and, starting in 1903, the police routinely denied Italians permits for the carrying of pistols. In 1905 the state legitimated this bias by outlawing the possession of firearms in any public place by the foreign born (New York State 1905). The police wanted more authority to prevent the carrying of concealed handguns. Even with the existing weak legislation, the police seized 10,567 handguns between 1907 and 1910, or seven a day. The assassination attempt against Mayor William J. Gaynor in 1910 riveted the city's attention and brought renewed calls for the regulation of handguns. . . .A new Democratic member of the state senate from New York City, Timothy D. Sullivan, immediately proposed legislation regulating the purchase, possession, and carrying of firearms throughout the state. That ‘Big Tim’ Sullivan, one of Tammany Hall's most prominent figures, would promote such legislation seems a sure indication of its popularity. The only hostile testimony came, not surprisingly, from gun manufacturers and sellers. The bill received broad support from the cultural and economic elite of New York, which saw it as a necessary part of the civilizing process. The Senate passed the Sullivan Act by a vote of 37 to 5 and the House by 123 to 7, and Governor John A. Dix signed it into law on May 29, 1911 (Weller 1962). The Sullivan Act reinforced older legislation on weapons other than firearms (slingshots and such) and limitations on the ownership and carrying of firearms by aliens and minors. The Sullivan Act instituted three additions to existing firearms acts: it added pistols to section 1897 of the criminal code, making it a felony to carry concealed weapons; required residents of cities to get a permit to carry concealable firearms—though failure to do so only constituted a misdemeanor; and required those who sold pistols to first examine a permit and to keep a record of the sale recording the purchaser and firearm. In an effort to contain the spread of the ‘$ 5 specials,’ the cost of these permits was fixed at $ 10. The bill also retained the prohibition of firearm possession by aliens (New York State 1911). Based on letters and editorials in the leading newspapers, the public reaction was overwhelmingly positive.” ~“Firearms Regulation: A Historical Overview,” 28 Crime & Just. 137 (2001), by Michael A. Bellesiles, Professor of History, Emory University.As if the Sullivan Act, as originally drafted and enacted, wasn’t bad enough, through time it became worse. Just two years after Sullivan was enacted, the Legislature amended it “in 1913 to provide the proper-cause standard for the issuance of public carry licenses throughout New York.” ~“The Constitutional ‘Terra Incognita’ Of Discretionary Concealed Carry Laws, 2015 U. Ill. L. Rev. 909 (2015), by Brian Enright, J.D. Candidate, University of Illinois College of Law.Until Bruen came down, ruling that New York’s “proper cause” requirement is unconstitutional, the inclusion of “proper cause” in New York’s gun law precluded issuance of a handgun carry license to a license applicant in the absence of a convincing showing of it. The expression, ‘proper cause,’ is not defined in the Sullivan Act itself. The Judiciary was left to fill in the gap. As explained by the Second Amendment scholar, David Kopel, “The text of the Sullivan Act simply requires that a person have ‘proper cause’ to possess a carry permit. In New York City, lawful self-defense is not a ‘proper cause’ unless a person has a ‘special need’ that is different from the rest of the community, a standard that was first upheld in a 1980 decision, Klenosky vs. N.Y.C. Police Department, 428 N.Y.S.2d 256 (N.Y. App. Div. 1980). Aff’d, 421 N.E.2d 503 (N.Y. 1981).” ~“Gun control and the second amendment: developments and controversies in the wake of District of Columbia v. Heller and Mcdonald v. Chicago: Article: The Great Gun Control War Of The Twentieth Century—And Its Lessons For Gun Laws Today,” 39 Fordham Urb. L.J. 1527 (October 2012), David B. Kopel, Adjunct Professor of Advanced Constitutional Law, Denver University, Sturm College of Law. Research Director, Independence Institute, Denver, Colorado. Associate Policy Analyst, Cato Institute, Washington, D.C. The law remained on the books, uninterrupted, for one hundred and ten years after enactment.New York’s “proper cause” requirement became a “cause célèbre” of Anti-Second Amendment proponents who abhor the notion of civilian citizens carrying firearms in public, as the application of it has effectively precluded the vast majority of people who sought to carry a handgun for self-defense from doing so. The inanity and insanity of New York’s “proper cause” requirement reverberated and rippled up to the present time, culminating in the Bruen case. The New York Government’s arrogant insistence on it provoked the ire of Justice Thomas, et. al.  Yet, New Yorkers who cherish the unalienable, natural law right of the people to keep and bear arms, didn’t wait for a chance to defeat “proper cause” through the Bruen case. They saw an opening after the High Court came out with the McDonald decision in 2010—which followed its sister, the Heller case in 2008.  The insidiousness of the insertion of a “proper-cause” requirement in the Sullivan Act cannot be overstated. For over one hundred and ten years—New York did not recognize a right of armed self-defense outside an interior dwelling—i.e., outside one’s home, or place of business. To this day, the New York Government refuses to acknowledge or recognize a right of armed self-defense outside one’s home or place of business, notwithstanding that the Governor of New York, Kathy Hochul, along with the Democrat Party-controlled Legislature in Albany, deleted the “proper cause” requirement in response to the Bruen case decision, effective, shortly, on September 2, 2022.To understand what is transpiring here it is necessary to step back and take a close look at the New York case Kachalsky v. Cacace, 817 F. Supp. 2d 235, (S.D.N.Y. 2011), forKachalsky is critical to understanding the modus operandi of New York Gun Law both Pre-Bruen, since 1912, when “proper cause” was added to the Sullivan Act, and defended in the and Post-Bruen, when the Hochul Government developed a workaround to maintain the import of “proper cause” sans the verbiage. Kachalsky, citing for support the earlier 1980 Kenosky case, referred to supra, dealt directly with the “proper cause” requirement, shooting down any suggestion that the State’s “proper cause” requirement is somehow unconstitutional.

KACHALSKY

In Kachalsky v. Cacace, 817 F. Supp. 2d 235, (S.D.N.Y. 2011), Plaintiff Petitioner Kachalsky, a citizen who resides in Westchester County, and several other individuals similarly situated, filed suit in the United States District Court for the Southern District of New York against Defendant Respondent Cacace, the Police Licensing officer for denying Plaintiffs’ applications for an unrestricted concealed handgun carry license. The Plaintiffs specifically challenged the constitutionality of “proper cause,” the vehicle through which the handgun licensing authority denied issuance of an unrestricted handgun carry license to the Plaintiffs.The District Court explained the facts as follows:“In May 2008, Plaintiff Kachalsky applied for a full-carry permit to be able to carry a concealed handgun while in public. In his application, Kachalsky asserted that he believed he satisfied Section 400.00(2)(f)'s ‘proper cause’ requirement because he was a U.S. citizen and therefore entitled to ‘the right to bear arms’ under the Second Amendment, [stating] ‘we live in a world where sporadic random violence might at any moment place one in a position where one needs to defend oneself or possibly others,’ and he was ‘a law-abiding citizen’ who had neither ‘been convicted of a crime’ nor ‘assaulted or threatened to assault another person.’ Upon reviewing Kachalsky's application and completing a corresponding investigation, the Department of Public Safety recommended that the permit be denied. The application, investigation file, and recommendation were forwarded to Defendant Cacace, who, acting as licensing officer, reviewed those materials and issued a decision and order, dated October 8, 2008, denying Kachalsky's application. Cacace observed that Kachalsky failed to state ‘any facts which would demonstrate a need for self protection distinguishable from that of the general public,’ and that ‘based upon all the facts and circumstances of this application, it is my opinion that proper cause does not exist for the issuance of an unrestricted 'full carry' pistol license.’” [references to pleadings redacted]In finding for the Police Licensing Officer, against Plaintiffs, the Court said, “To establish proper cause to obtain a license without any restrictions—the full-carry license that Plaintiffs seek in this case—an applicant must; demonstrate a special need for self-protection distinguishable from that of the general community or of persons engaged in the same profession.’ There is a substantial body of law instructing licensing officials on the application of this standard. Unlike a license for target shooting or hunting, ‘[a] generalized desire to carry a concealed weapon to protect one's person and property does not constitute ‘proper cause.’”  Good moral character plus a simple desire to carry a weapon is not enough. Nor is living or being employed in a ‘high crime area.’” [citations omitted].The reader should note the District Court in Kachalsky opined that a showing of “good moral character,” while necessary to obtain a carry license in New York, isn’t sufficient to warrant issuance of a carry license. This is a salient point. And AQ will come back to this when we discuss “good moral character” in depth. Suffice it to say, at this time, having struck out “proper cause” from the Sullivan Act, NY CLS Penal § 400.00 et. seq. as amended (2021 Bill Text NY S.B. 1B), the Hochul Government has bolstered the “good moral character,” requirement, essentially refabricating and reframing it to do double-duty, operating like the old “proper cause” requirement to drastically cut the number of individuals who, although under no Federal law disability to own an possess firearms, would still be denied exercise of their fundamental right.Governor Hochul and Albany have altered “good moral character” to make it a challenging obstacle to overcome. The “good moral character” remains as vague as ever, but the Hochul Government has mandated that new applications for an unrestricted concealed handgun carry license, and renewals as well, must include information that casts a bright light on one’s personal political, social, and religious beliefs. With this information, the licensing official can ostensibly deduce psychological aspects of one's character as well as his ideological and socio-philosophical leanings. To ask for such information is unconscionable and unconstitutional. An applicant is thus faced with a dilemma, a veritable, proverbial Hobson choice.Most everyone today has some sort of social media account and has commented on websites or has created a website of one’s own. The information conveyed on these sites can likely touch upon personal sensitive financial and medical information. On these websites, one's hopes, wishes, prayers, fears, and reveries may be laid bare. Government and employers, gaining access to this rich body of data, have used it to deny employment, or to fire a person from employment. And the Federal Government is soaking up petabytes of information on individuals. One can only wonder at the amount of data that the NSA is compiling on everyone and everything and storing in its colossal information holding tanks in Bluffdale, Utah. See, e.g., Fox News article and article in The Guardian. Most all records are electronically digitalized and available on the world wide web. If an applicant provides this information to a Government handgun licensing official, such information may become part of a Government public record. This information will certainly become the basis to deny a person a concealed handgun carry license if, for example, the licensing officer happens to disagree with one’s political, social, or religious viewpoints and leanings. And the information will likely be forwarded to police authorities throughout the State and to the Federal authorities as well, including, DOJ, DHS, and the FBI, organizations that have a very dim view of individuals who are deemed “social and political conservatives.” This is not a theoretical concern or “conspiratorial musing.” It is real, as recent events confirm.Especially concerning and disconcerting is that such private information will make its way to the DOJ/FBI and CIA, where an individual can be scrutinized and marked for special treatment. Our Federal Government's Departments, Bureaus, and Agencies are slowly and inexorably taking on the characteristics of horrific secret police and intelligence gathering organizations reminiscent of the Third Reich's Gestapo/Kripo police organizations and of the secretive Sicherheitsdienst-SD (Security Service of the SS); and of the secret police of the interior ministry of the Stalin Government, the NKVD. One is reminded of Senator Chuck Schumer's remark, as reported in The Federalist, “Let me tell you: You take on the intelligence community — they have six ways from Sunday at getting back at you.” It is an idiotic assertion to be sure, but more so because Schumer comes across as a fawning jackass for the intelligence community; boasting of its power; conveying to the public his admiration of it,  rather than acknowledging that it has gotten out of hand and needs to be controlled. In that regard, isn't Congress supposed to monitor and control the police and intelligence apparatuses of the Nation? After all, Congress created these things. It has ultimate oversight authority over them. Yet, rather than keeping these things on a tight leash, Schumer would allow these creatures to run amok, or worse, admits that Congress can't do a damn thing to control them. And, instead of attempting to do so, he would rather stand stupified, in utter awe of them.And then there is the illustrious Attorney General.The DOJ/FBI, through statements and actions of the Attorney General, Merrick Garland, has made plain that those Americans who happen to have a “conservative” political and social mindset are construed as exhibiting deviant thought and behavior. So the DOJ/FBI treats such American citizens as “Domestic Terrorists,” or certainly as potential “Domestic Terrorists”—and a “Domestic Terrorist”  or one who is deemed by the “woke police” to have the wrong psychological attributes, i.e., one who doesn't accept the new religious dogma of “Diversity, Equity, and Inclusion,” and who isn't a proponent of the rules-based neoliberal international order isn't the sort of person that a handgun licensing authority would deign to issue an unrestricted concealed handgun carry license too, anyway. In fact, why should any proper thinking civilized human being want a gun anyway? Aren't those people who cherish their Second Amendment right to keep and bear arms and who desire to exercise that right a throwback to a time long since past and best laid to rest? Wouldn't that be nice, or so the Neoliberal Globalists and Neo-Marxists would have Americans believe? And, if they can seduce enough Americans, perhaps then, they can dispense with the muddy problem, and one fraught with considerable peril, of attempting to remove hundreds of millions of firearms and millions of rounds of ammunition from over one hundred million Americans. 

THE CATCH-22 OF HANDGUN LICENSING IN NEW YORK

The Anti-Second Amendment New York Government sees guns as troublesome and gun owners as inherently troubled individuals, and New York's Gun Law, as conceived, and implemented conveys that idea. Succinctly stated it is this: “You can have a concealed handgun carry license if you don't want one because you are sane to not want one, and all you have to do to obtain one is to file an application to get one, and then you can carry a handgun. But, then, if you do file an application for a handgun carry license that must mean to us that you do want one, which is apparent through your filing an application to obtain one. But, then, you must be insane and must therefore be denied one because the State cannot abide a person carrying a handgun who is insane.”

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“There Was Only One Catch And That Was Catch-22, Which Specified That A Concern For One's Safety In The Face Of Dangers That Were Real And Immediate Was The Process Of A Rational Mind. Orr Was Crazy And Could Be Grounded. All He Had To Do Was Ask; And As Soon As He Did, He Would No Longer Be Crazy And Would Have To Fly More Missions. Orr Would Be Crazy To Fly More Missions And Sane If He Didn't, But If He Was Sane He Had To Fly Them. If He Flew Them He Was Crazy And Didn't Have To; But If He Didn't Want To He Was Sane And Had To. Yossarian Was Moved Very Deeply By The Absolute Simplicity Of This Clause Of Catch-22 And Let Out A Respectful Whistle.‘That's Some Catch, That Catch-22,’ He Observed.‘It's The Best There Is,’ Doc Daneeka Agreed.” ~From the novel, “Catch 22,” by Joseph Heller, first published in 1961

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Of course, a person ostensibly willingly divulging a wealth of personal information to a police licensing officer, which, under the Governor's newly reconfigured, convoluted, consecrated  “good moral character” requirement, one must do, makes the work of police investigation of compiling dossiers on everyone in New York, substantially less time-consuming and expensive. The applicant does the “dirty work” for the police. He or she is forced to waive his or her Fifth Amendment right against self-incrimination with little chance at best, anyway, of receiving the coveted prize: an unrestricted concealed handgun carry license by which one might be able to adequately defend life and limb in the concrete jungle that New York has degenerated to.There is no upside to any of this for the average citizen, and there is certainly no upside in the release of vast stores of personal data, highlighting one's personal thoughts, beliefs, and idiosyncrasies to the State Government.In the end, the applicant is left in a worse situation than before the filing. He or she is denied a concealed handgun carry license, and the State Government has a veritable cornucopia of personal data on a person as there is nothing in the amendments to the Sullivan Act that require a licensing officer to destroy the information obtained after the officer denies the application. The Government holds onto that information, and can, thereafter, use it to keep tabs on the individual and for extrajudicial, nefarious purposes that a person can only guess at. And, if the applicant refuses to divulge such information, what then? The handgun licensing authority will immediately refuse issuance of a concealed handgun carry license on the ground of failure of the applicant to comply with Sullivan Act requirements that the applicant divulge personal social media information and any other data the officer, in his discretion, demands so that the officer can properly assess one's personal, psychological makeup.Hence, the applicant is placed in an impossible situation—the proverbial Hobson Choice—i.e. no tenable choice at all. After September 2, 2022, when the amendments to the Sullivan Act take effect, the Hochul Government will start to use “good moral character” like the “proper cause” requirement before it, a veritable brick wall. The new requirement will operate much like and as well as the old requirement: to deny to the vast majority of individuals seeking a valid unrestricted New York State concealed handgun carry license the ability to lawfully carry a handgun in the State.This is in keeping with New York Government tradition that does not recognize armed self-defense outside the home or place of business, as a fundamental natural law right. Nothing changes. And it is consistent with New York Governor Hochul's Press Release, released on the day the U.S. Supreme Court officially released the Bruen decision. New York would go through the pretense of complying with the High Court's rulings, but, in practice, the amendments to the Sullivan Act are designed to make it difficult to obtain a concealed handgun carry license, and, in fact, the amendments make it more difficult, not less so, for the average citizen to obtain one. And, for those individuals who presently have a valid New York City or State concealed handgun carry license, the amendments place renewals of existing licenses on an equal footing with first-time applicants. A pro forma exercise for renewal applicants is a thing of the past. The application process for a concealed handgun carry license begins anew for everyone. And that raises another issue: the operational rules, implementing the amendments to the Gun Law have yet to be finalized. In fact, one might ask if the Government bureaucrats have even drafted them yet. That is a big if! So, where does that leave current handgun licensees in the interim, whose licenses for renewal are imminent?The simple fact is this: The New York Government will defeat any attempt by those who desire to exercise their Second Amendment right of armed self-defense outside the home. At the very least, the changes to New York’s Sullivan Act will create as many obstacles as it can get away with to frustrate those applicants who seek to carry a handgun outside the home or place of business. Thus, in New York, the Bruen decision will do little to assuage difficulty in obtaining a concealed handgun carry license.

THE U.S. SUPREME COURT SHOULD HAVE STRUCK DOWN NEW YORK’S HANDGUN LICENSING REGIME

How do Governor Hochul and the Legislature in Albany get away with this? They are able to do so because the main mechanism of defeating the Second Amendment remains unscathed. New York, like several other jurisdictions around the Country is a handgun licensing jurisdiction. The average civilian citizen cannot lawfully possess a handgun anywhere in New York unless one secures a valid license from the appropriate licensing authority in New York. That is the source of the present problem in New York.The High Court did not go far enough. The Court did not strike down, as unconstitutional, the licensing of handguns. Handgun licensing regimes are inherently incompatible with the Second Amendment guarantee. No other fundamental right requires the acquisition of a license before an American may lawfully exercise a natural law right. One doesn't need a license to exercise his right of free speech or to practice religion or to associate with those people or groups one wishes to associate with. It would be bizarre to require a Government issued license before one might lawfully do so. Similarly, to acknowledge a right of the people to keep and bear arms and at one and the same time to recognize the licensing of handguns as a privilege and a condition precedent to the exercise of the basic, unalienable right is inconsistent with the very nature of natural law, God-given rights. These rights exist intrinsically in the person. They are not priviliges bestowed on one by the grace of the State. They are fundamental, unalienable, immutable, and eternal. That the U.S. Supreme Court did not rule that licensing of handguns or any firearm a condition precedent to exercise of a fundamental natural law right is a major flaw of the Bruen case, as it was a major flaw of Heller and McDonald before it. None of these seminal Second Amendment cases dealt head-on with this. And jurisdictions like New York will continue to use licensing of handguns and other firearms as a difficult obstacle to overcome or, for most people, an impenetrable barrier, preventing one from exercising the basic, natural law right of armed self-defense.  Licensing of handguns, operating as a condition precedent to the exercise of a fundamental, unalienable, natural law right, is legally indefensible. And the practice is irreconcilable with basic principles of elementary logic. Associate Justices Thomas and Alito must have been aware of this fatal flaw in the Bruen decision. One must wonder: Did Justices Thomas and Alito concede the constitutionality of handgun licensing to obtain Roberts’ vote and that of Kavanaugh? Was that the price Justices Thomas and Alito had to pay to obtain the acquiescence of Roberts and Kavanaugh? If so, that brings disturbingly to mind the price the three Associate Justices—Scalia, Thomas, and Alito—had to pay to get Roberts and Kennedy on board, in the Heller case. Justices Scalia, Thomas, and Alito had to openly acknowledge the right of State Governments to continue to impinge upon the core of the Second Amendment. But doing so guaranteed continued Court action as Governments would always find ways to frustrate the citizen’s exercise of armed self-defense, and citizens, for their part, would find it necessary to continue to file lawsuits against unconscionable, unconstitutional Government action—an expensive, time-consuming, frustrating, and physically and psychologically tiring, exhausting ordeal. And a favorable outcome for the would-be gun owners can never be assured.Of course, State Governments know all this, and New York Governor Kathy Hochul and the New York Legislature in Albany certainly know this. Letters have already been sent to Government officials around the Country, contesting the “good moral character” requirement. For, these jurisdictions are using “good moral character” as they had heretofore utilized  “proper cause,” as an effective means to deny a person a coveted handgun carry license. And lawsuits are being prepared. And, once again, ever again, Americans face the same frustrations, when it comes to the exercise of the natural law right of armed self-defense.Litigation is to be avoided if possible. There is a better way; more effective; substantially less time-consuming; and certainly more cost-effective. In New York, voters have a chance this November to overturn the present oppressive and repressive handgun licensing regime and  their oppressive, unresponsive Government. They can accomplish this by electing, as the new Governor of New York, Lee Zeldin. Unlike the present Governor of New York, Kathy Hochul, Lee Zeldin is a true and fervent advocate of one’s right of armed self-defense. And he is also something that Kathy Hochul is not. He is a law and order Candidate for New York Governor. Lee Zeldin would also take definite steps—rather than rely on the same tiresome words and the same lame excuses to rationalize an inability or, worse, a clear lack of will—to come to grips with the intractable, horrific crime problem plaguing and engulfing New York, especially the City of New York.Many New Yorkers understand this. Will political independents and a sufficient number of Democrats take a leap of faith and vote for people who have their best interests at heart this November? Will they forbear from voting for people who say they care about the well-being of New York and of the residents in it, but, through their actions, make clear they do not?Governor Kathy Hochul and New York City Mayor Eric Adams, and Democrat Party Legislators in Albany do not represent the interests of New Yorkers. They represent the interests of a small group of billionaire Neoliberal Globalist “elites” and Neo-Marxist cultists. And the aims of these people are not the preservation of a free Constitutional Republic, but, rather, as becomes more evident with each passing day, its destruction.____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

THE U.S. SUPREME COURT DESERVES ACCOLADES FOR THE BRUEN DECISION, BUT NEW YORK’S CHANGES TO ITS CONCEALED HANDGUN LAW MAKE CLEAR THERE IS NO CAUSE YET FOR JUBILATION

POST-BRUEN—WHAT IT ALL MEANS AND WHAT ITS IMPACT IS BOTH FOR THOSE WHO SUPPORT AND CHERISH THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO DO NOT; THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY TO DESTROY EXERCISE OF THE RIGHT

MULTISERIES

PART SEVEN

NEW YORK’S HANDGUN LAW WAS ALWAYS A MESS—AND IT CONTINUES TO BE A MESS!

The Amendments to the New York State handgun regime are a “mess.” That one word is the best descriptor of them and for them, and for the entire State handgun licensing regime. These Amendments do nothing to alleviate the past difficulties an individual has had attempting to secure an unrestricted handgun carry license. These Post-Bruen Amendments merely substitute one ludicrous arbitrary and subjective, and vague handgun licensing standard, “Proper Cause”/ “Demonstration of Extraordinary Need,” for another nonsensical subjective and vague handgun licensing standard, “Demonstration of Good Moral Character.”The present New York Government, referring here to Governor Kathy Hochul and the Democrat Party-controlled Legislature in Albany, have manufactured a response to the Bruen rulings that is a sham, a dissembling, a pretense at satisfying the dictates of the Court—one that isn’t at all subtle.Implementation of the new handgun licensing standard makes it decidedly and decisively more difficult, not less so, for the average, responsible, rational, law-abiding civilian citizen, to obtain an unrestricted concealed handgun license. In fact, implementation of the new standard makes it more difficult for the average New Yorker to obtain even a restrictive home and/or business premise handgun license.The New York Government has brazenly defied, not obediently complied with, the Court’s Bruen rulings, thereby vitiating the import of Bruen, and violating the Court’s Article 3 Constitutional authority.In her words and actions, Hochul has made her feelings known, and the New York State Senate Majority Leader has echoed those sentiments.Contemptuous of the High Court’s rulings and reasoning, the New York State Senate Majority Leader, Andrea Stewart-Cousins, hurled a stream of invective, at the High Court. She regurgitated the same tiresome, disingenuous, and caustic rhetoric of Anti-Second Amendment fanatics and Neo-Marxist Cultists, proclaiming that the New York Nanny State knows what’s best for the people, not the U.S. Supreme Court. And so, the New York Government informs the Court that New York has no intention of complying with the Court’s rulings. In her Senate Majority Press Release, Andrea Stewart-Cousins retorts——“In response to the Supreme Court’s decision, implying that guns are more important than lives in this country, we are passing legislation to ensure that New York State has safe and responsible gun laws. States are the last line of defense, which is why we are stepping up to protect New York from being easily flooded with concealed weapons and keeping firearms out of the wrong hands. These measures, in addition to the previous anti-gun violence legislation we passed, are vital in a time when there are more guns than people in America. New York will continue to prioritize people’s safety and lives, and I thank my conference, Speaker Heastie, and Governor Hochul for their partnership.” ~New York State Senate Majority leader’s remarks after the NY Senate in Albany passed amendments to the State’s handgun licensing statute in response to the U.S. Supreme Court striking down the State’s concealed handgun carry law.The implication of Stewart-Cousins’ remarks is that the Government's changes to the handgun statute are designed to make it more difficult, not less difficult, for the average civilian citizen to exercise his or her right to armed self-defense in New York, thus necessitating the filing of further time-consuming and expensive lawsuits on the part of the citizen to obtain redress for Government's unconscionable, unconstitutional behavior.It is evident that the goal of the New York Government is to make the process of obtaining a New York handgun carry license—that one requires to lawfully possess a handgun in New York—so difficult, so onerous, so expensive, so time-consuming, so oppressive that one’s desire to exercise his or her natural law right to keep and bear arms is snuffed out, and the individual concedes defeat, and gives up further attempt to secure the right. Of course, some individuals will remain undeterred, and that is to be expected as long as the Second Amendment remains, de jure law, in the Bill of Rights—a thing that angers and frustrates the Neoliberal Globalists and Neo-Marxist internationalists to no end. For, as long as the Second Amendment remains explicit in the Constitution, the sovereignty of the American people cannot be disturbed, and United States, as a free Constitutional Republic, and independent Nation-State cannot be dismantled and its remains inserted into the “international rules-based neo-feudalistic, neoliberal empire,” a.k.a. “new world order,” a.k.a. “Open Society,” that the Destroyers of independent nation-states have long yearned and aimed and planned for.   New York's handgun regime is where the Globalists/Marxists are focusing their energies. If they can defeat the Second Amendment there, they also defeat the power and authority of the U.S. Supreme Court. So, the puppet-masters have given their puppets, Kathy Hochul and the Democrat Party-controlled Legislature in Albany, their marching orders. The Amendments to New York's handgun law are no less draconian than what stood before. The New York Government assumes that many people who had hoped to obtain an unrestricted handgun carry license easily, Post-Bruen, now realizing the hopelessness of the task, will simply capitulate, surrender the effort to obtain one.And, as the Government has included, in the Amendments, many more restrictions pertaining to places where, henceforth, it will be unlawful for the holder of a valid unrestricted license to carry a handgun in public, that, too—the Government hopes—will dampen whatever residual desire a civilian citizen may have to carry a handgun for self-defense. Obtaining a coveted handgun license will be, at best, at long-last, nothing more than a Pyrrhic Victory—hardly worth the effort.And, so, a recalcitrant, intransigent New York Government pushes hard against those citizens who intend to exercise their Second Amendment right regardless of the obstacles the New York Government places in their path. This means citizens must continue to expend earnest effort filing more expensive, more lengthy, more time-consuming lawsuits against Hochul and her Government. And the Government knows that, given the nature of the legal process, and of the effort, and time, and money involved, all those factors work to the Government’s advantage—not that of the citizen.Hochul's message is clear: “the New York handgun regime is here to stay, and any person who doesn’t like New York’s handgun regime, better have a deep pocket to file another lawsuit like Bruen, and they better have the time and energy and will power to follow through on it. They will need it.”Or, in the alternative, Americans can simply leave New York. Kathy Hochul’s predecessor, Andrew Cuomo—creator of and champion of the notorious New York Safe Act of 2013—has made abundantly clear that members of the GOP who hold “extreme views,” in Cuomo’s mind, are persona non grata. As he says, “you don’t belong in New York.’” See article in New York Post.So, then what? “Just leave?” And to be sure, many American Patriots have left New York. They have also left Illinois and California. But many other Americans, true Patriots, too, have stayed and they intend to fight for their fundamental rights and liberties in their State, their home.After all, many good Americans were born and raised in New York, in Illinois, and in California. These Americans consider those States to be their home. And those States are their home. So, why, then, should they leave? Let the corrupters of those States, like Cuomo and Hochul, and DeBlasio and Eric Adams leave New York. Let corruptors like Pritzker and Lightfoot leave Illinois. Let corruptors like Newsome, and Garcetti, and Breed, and Schaaf leave California, as well they all should. But where do Americans go if the Neoliberal Globalists and Neo-Marxist cultists take over the entire Country—which is occurring apace? The Biden Administration allows CCP China and the Billionaire, Bill Gates, to buy up vast tracts of land—and to what end? The Administration uses tens of billions of American tax-dollars against the interests of Americans and politicizes Government departments, agencies, and bureaus for its own nefarious ends. The military and police are demoralized and weakened. Our founders are denigrated. Our monuments and statues are defaced, removed, and desecrated.    The Biden Administration has done much to destroy this Country’s economy, infrastructure, and its resources, and its military preparedness and prowess. That is its sole reason for being. It is the sole reason, money, and time, and effort, and massive corruption of the electoral process was expended in getting Donald Trump out and getting Joe Biden and legions of lackeys into positions of power that they may damage the Republic irreparably.It has all paid off for the Corruptors of the Country. The Nation’s vitality is on the wane. This is not due to accident or mere happenstance; nor can it be explained as a product of gross incompetence. It is intentional. It is all part of an elaborate, sophisticated plan; carefully conceived and orchestrated; and methodically carried out.Yet, there are limits to the harm a feeble-minded and physical wreck of a man can inflict on this Country even though Joe Biden is but a titular Chief Executive. But, if California’s Governor, Gavin Newsom, should run for President, and secure the Democrat Party’s nomination for President in 2024, and, horror of horrors, if he became the 47^th U.S. President, what then becomes of the Country.? Newsom’s California will be replicated across the 50 States. Where might Americans run to, then? What State shall be able to operate—may operate—consistent with the Nation’s Constitution and Bill of Rights, once tyranny cements itself firmly in the Nation, and reigns unchallenged, supreme over Constitution, Nation, and People?For what Americans have experienced, especially, in the last 19 months, one must conclude the American Revolution of 1776 was less a hard-fought war, won, than it remains a war yet ongoing, with battles Americans must continue to fight against its own Federal and State Governments. For these Governments adamantly refuse to acknowledge and accept the sovereignty of the American people, as first conceptualized by the Framers of the U.S. Constitution and then as actualized through the fact of our Nation's well-armed citizenry. But can America's Patriots prevail against such powerful, malevolent, and tenacious forces that dare to suppress our Nation’s fundamental rights and liberties and to oppress our people until they capitulate—every one of us—to a world-wide feudalistic empire whose central offices one shall find in Brussels, Belgium?As we have seen, even simple recognition of the sacred natural law right of armed self-defense is not to be found everywhere in our Nation, but only in scattered spots here and there. A tyrannical Federal Government and several more tyrannical State Governments, blotting the National landscape, refuse to countenance such basic right—the cornerstone of our free Republic and of the sovereignty of the American people over Government. Our Constitution demands that Government pay homage to the will of the American people through recognition of the right of the people to keep and bear arms. No other Government on Earth allows such. Most other Governments mock the very idea of it. But not here. Yet, today, our Government, this Federal Government, and many State Governments and regional and municipal governments have become like so many others; corrupt, and jealous, and guarded of their powers: a blight on a Free Republic. These Governments demand the American people pay homage to them; not they to the American people!The forces that crush have made substantial inroads into achievement of their goal: the demoralizing, destabilizing, and dismantling of our free Republic. They have corrupted every institution of our Country. They have denigrated our history, heritage, culture, ethos, and Christian ethic. And, they are stripping our Nation of its strength, and will, and fortitude. Only the sovereignty of the Nation’s people remains, albeit attenuated, as our fundamental, unalienable, immutable, illimitable, and eternal rights and liberties are being inexorably, and swiftly, eroded before our very eyes. _____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

“THE PRIVILEGE” TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED?

“THE PRIVILEGE” TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED?

QUOTATION LEAD-IN TO ARTICLE

“It is time for us to think outside the box and form two countries. Instead of civil war I propose civil separation. We are two countries, so ideologically opposed that each feels victimized and dominated by the other. Political leaders need to step up and brainstorm next steps. Clearly lay out the two ideologies and give each state a vote as to where they belong.” ~“Opinion Letter” from reader of The New York Times posted on June 5, 2022, responding to May 27, 2022 “America May Be Broken Beyond Repair,” by the Political Progressive Columnist for the Times, Michelle Goldberg. The letter writer, Dawn Menken, a Psychologist, from Portland, Oregon, is the author of “Facilitating a More Perfect Union: A Guide for Politicians and Leaders,” published in 2021*

THE CONCEPT OF ‘PRIVILEGE’ ISN'T AT ALL THE SAME THING AS AN ‘UNMODIFIABLE, FUNDAMENTAL, IMMUTABLE, ILLIMITABLE, AND ETERNAL GOD-BESTOWED RIGHT’, BUT THE TWO CONCEPTS ARE OFTEN, AND ERRONEOUSLY, CONFLATED

If the American public didn’t know the truth before, it knows it now: the battle for the very Soul of the Country is on the line, and Ground Zero of that battle isn’t Uvalde, Texas. It’s New York City, New York.The Nation is indeed “two Countries,”—no less so now than at the time of the American Civil War: friend against friend, brother against brother, uncle against cousin, father against son. But, what is different today is that ideologies cut across and into the very notion of what it means to be an American. There are those who hold to the meaning and purport of our Nation as set forth in our Constitution and especially in the Nation's Bill of Rights. And there are those who wish to jettison all of it in the erroneous belief that our Nation is at its core,  immoral, even evil. They wish to destroy the very fabric of a free Constitutional Republic. These adherents of the ideology of Collectivism have, with the aid of nefarious and shadowy and powerful forces, residing both here and abroad, gained control over much of the Federal Government. And having gained control over much of the Press and of media, as well, they propagate their message to the American people incessantly and vehemently. But one thing these Collectivist overseers have not gained control over: America's armed citizenry. And that disturbs and perplexes them and places them in a quandary as to what to do about it. For doing something about that, these Collectivists must. One cannot destroy a Nation if one cannot gain control over those who have the will and means to effectively resist the insinuation of tyranny over them.But, how does one go about separating an estimated 400 million firearms (according to American Gun Facts) in the hands of one-third of the target population. According to a November 2020 Gallop Poll, thirty-two percent of Americans possess firearms. See also report of the Rand Corporation, a 2017 report of the Pew Research Center, titled, “the Demographics of gun ownership,” and an SSRN 2021 “National Firearms Survey.” Seditious newspapers, like the Washington Post, New York Times, Los Angeles Times, and USA Today, and seditious Cable and Broadcast news organizations, including ABC, NBC, CBS, CNN, MSNBC, PBS, and NPR disparage guns and gun ownership so frequently and so vehemently that a person is led to infer that their business models are designed around that one narrative. The amount of air time and Press coverage these news organizations devote to defensive use of arms is so scarce as to be essentially nonexistent. Such mention that is made of effective defensive use of arms to thwart criminal because of too much internet chatter regarding it, is given curt treatment with the hope that it will eventually dissipate on its own. Instead the American psyche is bombarded with viral memes. Injected with and subjected to verbal and visual memes on a daily basis, the American develops a phobic reaction toward guns and toward those who possess them: word phrases such as Gun Violence, Gun Culture, Mass Shootings, Assault Weapons, AR-15 Rifles, Weapons of War, Large Capacity Magazines, when coupled with images of violence operate as visual and auditory cues, that induce a neurotic reaction in the target population. This is to be expected; in fact this is intended. The goal is to create in the mind of the target a feeling of physical revulsion and repulsion toward guns.But, is it really a concern over the safety of innocent people that motivates a vigorous response against firearms and firearms' ownership, misguided though that be, or is there something more sinister at play? If it were the former, one would expect a harsh response toward the massive wave of everyday criminal violence infecting our Country, especially in the major urban areas. But, we see no such response. Those State and municipal Government officials and legislators who rabidly attack guns in the hands of average, rational, responsible, individuals handle rampant violent and vicious crime infecting their locales with an air of casual indifference and diffidence. So, it cannot be violent crime generally or violent gun crime committed by drug-crazed lunatics, psychopathic and psychotic gangbangers, and by garden-variety criminals that motivate these officials. What might it be, then? Why would Neo-Marxist/Neoliberal Globalist Government officials, along with their compatriots in the Press, go off half-cocked whenever a rare occurrence, invariably avoidable, of "mass violence" arises, occasioned by the actions of a solitary lunatic? Why would Government officials and legislators shriek for more nonsensical gun laws, targeting tens of millions of average Americans, predicating the need for it on the lowest common denominator among us: the lone wolf psychotic. The answer is plain. The actions of the lone wolf psychotic merely provide a convenient pretext. It isn't the criminal actions of the lone wolf malcontent psychotic that Government is concerned about. For that lone wolf doesn't pose a viable threat to a Government. Rather, it is the armed citizenry that poses a threat to Government and by the very fact that the citizenry is armed. But, why should Government fear its own citizenry? It shouldn't and wouldn't unless Government seeks to usurp the sovereignty of the citizenry, as it clearly aims to do.A perspicacious Tyrant would know it is a Tyrant. But this Federal Government doesn't know it. So entrenched in Tyranny is this Federal Government through years and decades of usurpation of the authority rightfully belonging to the American people, that it has grown oblivious to its unlawful usurpation of power and authority. The Federal Government has amassed power and authority that doesn't belong to it, and never did belong to it, believing, wrongly, that the power it has usurped from the people is rightfully its own. And the Government has become jealous in guarding this power, hoarding it all for itself.It then stands to reason that the Federal Government would come to perceive the armed citizenry as a potential rival to crush, rather than as a master to serve. But, even in that the Federal Government, as Tyrant, is really but a caretaker to those bankers and financiers who are plotting the demise of this western Nation-State and all western Nation-States.Americans celebrate July 4 every year, since July 4, 1776, the Day America's first  Patriots declared their independence from tyranny. The Declaration of Independence was a righteous but defiant act. It led to war. It was a war hard fought. And the seeming underdog vanquished the mighty British empire. July 4, 2022, is just around the corner. But every year, since the turn of the 21st Century, Americans have had cause for concern, whether this July 4th Celebration would be our Nation's last.The founders created a Republican form of Government, having considered and dismissed many others. the American people would themselves be sovereign rulers where their representatives would serve and represent their interests. A Republican form of Government as envisioned and as created is antithetical to a Dictatorship, where Government is sovereign over the people.The British monarchy would eventually come to terms with loss of the American colonies. The Rothschild clan, on the other hand, would not forgive nor forget the loss of those colonies, and the loss of financial riches across the Atlantic Ocean. With the help of other financiers they realized it best to use subterfuge rather than arms to defeat the colonialists descendants. With the creation of the Federal Reserve System and with the seeding of money to the representatives of the people, to do their bidding and not that of the American people, and with their control over vast levers of power of Government, and with their control of the Press—the mechanism of dissemination of information—the Rothschild clan and its captain have gained back in two hundred and fifty years all that they had lost in eight years of the American Revolutionary War—but for one thing:

UNLIKE THE PEOPLE OF THE EUROPEAN UNION AND OF THE BRITISH COMMONWEALTH NATIONS, THE AMERICAN PEOPLE ARE AN ARMED PEOPLE

A Tyrannical Caretaker Government for the Rothschild and Soros Financiers and Globalist Billionaire elites cannot gain control over a citizenry that has the requisite will and the means to effectively resist oppression and subjugation.Americans are well aware that the loss of their Republic, their Sovereignty, of their God-Given Rights and Liberties is at hand—but for the fact that Americans are armed.The senile, corrupt, weak-willed, and weak-kneed puppet of the Globalist elites, signed a flurry of executive orders on a wide variety of matters, rescinding and countermanding the gains made by Donald Trump in returning our Nation to prosperity and prominence on the world stage. But, the policy-makers wisely refrained from taking any action, curtailing the right of the people to keep and bear arms. The puppet masters knew that they would need time to consolidate their power even with the feeble, frail Biden puppet and legions of other lackeys at their disposal. And time they now had with Trump removed from Office. And they knew that it would be just a matter of time before some lunatic with a gun would create a furor that the Press could pounce upon. Perhaps, they even had a hand in prepping their psychotic robots to instigate the events that would serve as the quasi-plausible pretexts upon which to launch a flurry of new anti-gun legislation.All of this would be necessary. A new soci0-political-economic paradigm embracing the entire world is an ambitious project. And the remains of the United States is a vital component for bringing that project to fruition. Pragmatic concerns mandate this. But emotions probably also play a part. The Rothschild clan could see, not only in the demise of the United States, but in the manner of that demise—Americans denigrating their own history and heritage, destroying their own monuments, disparaging their own Founders—a malicious joy in that undertaking would be something the Rothschild clan and George Soros et. al. would chuckle over.The nascent American people effectively resisted tyranny once before, long ago, against immense odds, and overthrew a tyrannical Government, the British Empire. That empire was nominally ruled by a Monarch, George III. But it was  effectively ruled by the Rothschild Banking Cartel.George III was long laid to rest. The present British Dynasty, the House of Windsor, is decadent, effete, corrupt, and a major expense to the English people. Once Queen Elizabeth dies, the monarchy will quickly wither under King Charles if he becomes King at all. The English Parliament, like the monarchy operates more by empty ritual. The real power resides in the Bank of England, just as the Federal Reserve presides over the Government of the United States.The United States Supreme Court will soon release its decision in Bruen, and the puppet masters and their minions in the Press and in Government are worried; frantic, really. What claim can they make on the Nation if sovereignty over it continues to rest, not in them, but in the American people?Much more concerning to the Nation’s Destructors than a High Court decision in the Dobbs abortion case—a leaked version of which created a furor as it was designed to do—is retention by the Right of the People to Keep and Bear Arms. Unrestrained exercise of this Fundamental God-Given Right by the people goes to the heart of our Nation’s history, heritage, traditions, ethos, culture, and ethical and legal foundation.The Nation’s enemies, both inside it and outside it, detest America’s armed citizenry. They hate the Nation’s freedoms and liberties. They disdain the Nation’s belief and faith in Divine Natural Law.That abhorrence isn’t grounded on mere aesthetics or even on ethical concerns. It is based on frustration, rage, and fear. The Bill of Rights prevents America’s domestic and foreign enemies from taking control over the Nation and its people.In colorful language, The NYTimes explains this frustration, rage, and fear—one borne of Americans’ insistent adoration for its Bill of Rights. The Times says:“Most Republicans in the Senate represent deeply conservative states where gun ownership is treated as a sacred privilege enshrined in the Constitution, a privilege not to be infringed upon no matter how much blood is spilled in classrooms and school hallways around the country.” ~ from an article in The New York Times, May 26, 2022, by Carl Hulse, Chief D.C. correspondent for the NYTimes.That aforementioned article came out in late May. Two weeks later, ten U.S. Republican Senators, “Ten Little Indians”,** broke ranks. They betrayed their Oath to their Constituents. That was bad enough. But, they also betrayed their Oath to Country and to Constitution. That was worst of all. For, in doing so, they betrayed their Faith and Allegiance in the Divine Creator in daring to circumvent Divine Will. They have joined the ranks of the Democrat Party Neo-Marxist/Neoliberal Globalist Satanists. These “Ten Little Indians”—these ignominious United States Republican Party Senators, ten in number—should, properly, justifiably, suffer the fate of those “Ten Little Indians” of poem.The Hill reports, “A bipartisan group of senators announced a deal Sunday on framework legislation to address a recent surge in gun violence in the U.S.The proposed legislation includes funding for school safety resources, strengthened background checks for buyers under the age of 21, incentives for states to implement their own red flag laws, penalties for straw purchases of firearms and increased protections for domestic violence victims.The bipartisan group was made up of 20 senators, including 10 GOP lawmakers, many of whom are strong supporters of gun rights and political allies of the powerful National Rifle Association (NRA).”With support from those 10 Republicans, the legislation likely has the votes to overcome the 60-vote threshold to avoid a filibuster in the Senate. And what caused these 10 Republicans to take affirmative action against preservation of an absolute and essential fundamental Right—the Natural Law Right of Armed Self-Defense? What caused these Republicans to capitulate to the Neo-Marxist Democrats: Bribes of Money? Desire to appease an angry mob of Neo-Marxist Cultist lunatics? Fear of physical assault from this angry mob of Neo-Marxist Cultist fanatics and lunatics if these Republicans failed to bow down to the mob and to a renegade Neo-Marxist/Neoliberal Globalist-controlled Congress and to the powerful and ruthless forces that control them both? Or, were they of that mindset all along:The Destroyers of our Nation don’t even deign to refer to gun possession as a Basic Right—the most basic Right: one grounded on personal survival, be it from predatory creature, predatory man, or predatory Government. Rather they utilize the word, ‘privilege,’ in lieu of ‘right,’ to describe those who seek to exercise it. Tacit in the word, ‘privilege,’ is the idea of something wonderful that some people attain by dint of birth advantage or connection made or acquired—but that most do not.This substitution of words is no small thing. To be sure, the words, ‘right’ and ‘privilege,’ are often conflated. For example, in the Merriam-Webster dictionary——“A privilege is a right or advantage gained by birth, social position, effort, or concession.” Yet, a “Right’, i.e., a “Fundamental God-Bestowed Right” is something beyond mere “Privilege.” It is a thing intrinsic to a person—derived from natural law. The Stanford Encyclopedia of Philosophy elaborates on this:

• “To have a right is to have a ‘valid claim.’”
• “‘In the strictest sense’ all rights are claims.”  
• “A right, in the most important sense, is the conjunction of a [privilege] and a claim-right.”
• “All rights are essentially property rights.”
• “Rights are themselves property, things we own.”

This distinction between ‘fundamental right’ and ‘privilege’ rests at the root of  Bruen, whether one knows this or not, and therein rests its singular importance for Americans.And the Bruen case is more important to the preservation of a free Republic than many Americans can truly appreciate or the legacy Press and Government will let on.In its Brief for review, on December 17, 2020, the Petitioner presented the issue thus:“Whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense.”The issue as stated goes to the heart of the import of the Second Amendment. Do Americans have a fundamental, unalienable right to keep and bear arms, or not? Petitioners meant to bring that salient issue front and center. Heller made clear that a person has the unalienable right to keep and bear arms in defense of hearth and home. But, the underlying basis for that ruling and the substructure of it is this: the right of the people to keep and bear arms is an individual right. The tacit implication is this: exercise of that right is grounded on natural law, and beyond the power of the State to meddle in it, i.e., the Right of the People to Keep and Bear Arms is God-bestowed, and, therefore, Absolute.In an attempt to lessen the impact of a ruling expected to favor the Petitioner, the Robert’s Court limited the scope of the issue on review to consideration of the Constitutionality of the City’s procedures for issuing concealed handgun carry licenses. The High Court redrafted the issue on review to this:“Whether the state of New York's denial of petitioners' applications for concealed-carry licenses for self-defense violated the Second Amendment.”John Roberts and the liberal wing of the Court attempted to chop off the legs of the issue at the knee: reducing the reviewable issue merely to the constitutionality of  NYPD procedures.In light of the recent Uvalde, Texas incident, an incident that the Harris-Biden Administration, along with a Democrat-Marxist-controlled Congress and seditious Press, has irresponsibly, reprehensibly, unconscionably, shamelessly and incessantly focused the public's attention on and magnified to further its goal—the eradication of the Nation's Second Amendment of the Bill of Rights and the toppling of a free Constitutional Republic—the Bruen case takes on heightened importance. This Neo-Marxist/Neoliberal Globalist abhorrence of the armed citizenry is borne of outright fear. The Tyrant always hates and fears an armed citizenry. But, what might Americans expect from the High Court apropos of Bruen.In a worst-case scenario for the puppet masters and their minions who seek the dismantling of our free Republic, the Court will strike down the entire handgun licensing regime. If that were to happen, the impact would be felt across the Nation.Americans would immediately commence filing lawsuits challenging restrictive concealed handgun licensing regimes across the Nation, as well they should.The Bruen case was/is primed to do just that. And, after more than a decade— and with Marxist/Globalist Government's continuing consolidation of power, methodically and inexorably stripping the citizenry of its Fundamental Rights and of its sovereignty over Government—it is high time for another seminal Second Amendment case. Only through the preservation of the armed citizenry can America's Patriots ever hope to preserve the Founders hard-fought victory over oppression and Tyranny. Only through steadfast defense of the meaning, and purpose, and  the American Revolution of 1776, can Americans effectively repulse the Neo-Marxist/Neoliberal Globalist Open Society/EU/UN/New World Order Collectivist Counterrevolution of the 21st Century.___________________________________

DON’T RELY ON THE U.S. SUPREME COURT TO PROTECT THE SECOND AMENDMENT.

THE FORTHCOMING BRUEN DECISION IS LIKELY TO BE MORE DISAPPOINTMENT THAN JOY—JUST LIKE THE NEW YORK CITY GUN TRANSPORT CASE DECISION THAT CAME BEFORE IT.

Even the most politically naïve of Americans and even the most devout of the Democrat Party faithful must now have serious misgivings about the future well-being of our Nation. They must now recognize that the Federal Government—after Trump—is not what they counted. It is not what they bargained for. They must now recognize that the Federal Government—this Federal Government—does not serve their interests and that it does not have their life, safety, and well-being at heart: quite the opposite in fact. The Executive Branch and the Democrat-Party-controlled Congress are two institutions serving the interests of the lunatic fringe Neo-Marxist Cultists and Neoliberal Globalist Billionaire Bilderberg Group Clubbists, only.The shared aspiration of both is to witness the demise of the United States as an independent sovereign nation-state; the destruction of a free Constitutional Republic; the annihilation of a once proud and sovereign American people and their concomitant debasement and devolution to subjugation, and servitude. And all that is occurring swiftly.Nor should Americans pin their hopes on the High Court—the Third Branch of the Federal Government—to save them from the mess deliberately propagated by the first two. If Americans believe that the U.S. Supreme Court will surely preserve and protect the Constitution and staunchly defend their Bill of Rights, they will surely be sorely disappointed.If the New York City gun transport case is a harbinger of things to come from the rulings in Bruen, then Bruen is likely to be a hollow victory at best. Less a third seminal Second Amendment case building on Heller and McDonald, Bruen is likely to read more like the Roe v Wade abortion case—a sorry attempt to satisfy everyone, it will likely do little to satisfy anyone. And, why do we say this:First and Foremost, Consider——The Roberts Court's reconfiguration of the issue in Bruen was meant to forestall  a cataclysmic ruling that would put a stop to the very notion of open-ended “gun regulations”—the bane of the Second Amendment—that would serve to buttress and strengthen the Heller and McDonald rulings. Chief Justice Roberts and the liberal wing of the High Court wanted none of that. And the restructuring of the  issue in Bruen was meant to guarantee that noxious, heavy-handed and clearly unconstitutional handgun licensing schemes, would be here to stay, at least in some jurisdictions. Thus, it behooves the American Patriot, to be wary of High Court meddling, no less so than Executive and Legislative Branch meddling in the matter of fundamental, immutable, absolute—yes, absolute—Rights. The Third Branch of the Federal Government—this Roberts Court, sans Scalia— no less than the first two Branches, will not zealously defend the Bill of Rights, and especially the Second Amendment right of the people to keep and bear arms, notwithstanding the integrity and fortitude and intellectual  acumen of Justices Thomas and Alito. For they are only two stalwart American Patriots remaining now that Justice Scalia is no longer with us. But, then, the Framers of our Constitution, with Divine guidance, did intend and did provide, through inclusion of God-Given Absolute Rights, existent inherently in man, that the American citizenry would be wanting if bereft of support from any one or more or all three of the three Branches of the Federal Government. The American people require not assistance in defense of the Nation's elemental Rights and Liberties, for the Federal Government cannot excise them away. The Executive Branch cannot issue Presidential edicts or Bureaucratic Rules to blunt the exercise of them. The Legislative Branch cannot enact laws to nullify them. And the Judicial Branch cannot issue opinions to deny their import. All attempts to modify, repeal, abrogate, dismiss, ignore, or reinterpret God-Given Rights by Governmental artifice is unlawful from the get-go. The plain, succinct, categorical language of the sacred Rights of the Bill of Rights of the United States Constitution makes transparent, the immutable, illimitable, eternal, non-modifiable, absolute nature of them and demonstrates the irrationality and incongruity of any attempt by the Government or by its proxies to diminish them.But, then, should Americans ever have placed faith in this Federal Government, above their faith in Divine Natural Law. Of course not! Does not this Federal Government, not unlike any other Government in history, have, within it, the seeds of repression, oppression—in a word, 'tyranny'? Assuredly so!Truly, to defend Liberty, Freedom, and Sovereignty, the onus will always rest, as it has in the beginning, and as it must in the end—on the people themselves— to defend their Liberty, Freedom, and sovereignty against all threats whether emanating outside the Country or writhing within its very bowels.Thus, Americans should not place, their hopes and dreams in the High Court as their main, much less their sole, source of and mechanism for their salvation. That Branch of Government, as with the other two, is ultimately a "political organization," as unreliable and as conniving as the other two. Sure, Justices Thomas and Alito are known quantities: men of unparalleled principle and ethics. But, only the late Justice Scalia had sufficient, formidable strength— capable of standing up to Chief Justice Roberts; keeping both Roberts and the liberal wing of the Court in check.But the eminent Justice Antonin Scalia is, unfortunately, no longer with us. He died under mysterious circumstances: circumstances never resolved, events not adequately explained; circumstances unlikely ever to be resolved or adequately explained to the public's satisfaction.So then, what will Americans likely see from the upcoming Bruen decision? The U.S. Supreme Court will strike down New York City’s procedures for issuing concealed handgun carry licenses, and it may do so on grounds of vagueness or arbitrariness; but that will still leave the heart of “may-issue”/“proper cause” in force. Stephen Breyer and the other liberal wing Associate Justices will file their lengthy and vehement dissents. And Associate Justices Clarence Thomas and Samuel Alito—with Amy Coney-Barrett, perhaps—will probably file concurring opinions. And, if so, they will likely point to, explicate, and expound upon the illegal and illogical “may-issue”/“proper cause” construct. But the concurrences as with the dissents will be dicta only. They will not have the force of law, i.e., they will not operate as binding holdings/rulings.The case holdings/rulings will, then, likely come up short. Given a reworking by the Roberts Court of the issue, as presented in Petitioners' Brief, it is unlikely  the Conservative Court majority will be able to strike down the entirety of concealed handgun licensing structure of New York even if Justices Thomas and Alito would be willing and prepared to do just that. For, if that were to happen, it would implicate and therefore jeopardize similar handgun licensing regimes in other Anti-Second Amendment jurisdictions. Justice Roberts and the liberal wing would never allow that to happen. And Justice Scalia isn't here to see that it would happen.See, e.g., article in Syracuse News, where one New York  District County attorney predicts that the Court's ruling in Bruen will be very narrow.

“Locally, law enforcement officials don’t expect the decision will affect the policing of guns or safety.

'I think (the court is) going to take the narrowest route possible' said Onondaga County District Attorney William Fitzpatrick.”

Strong concurrences by Justices and Alito and Thomas would only operate as dicta, not actionable case rulings/holdings. Thus, a minimalist Bruen decision would hearken back to the limp and lame New York City handgun transport case. That would be a blow to the sanctity and inviolability of the right of the people to keep and bear arms.  The validity of New York's concealed handgun licensing regime, along with the underlying methodology/paradigm model of “may-issue”/“proper cause” will remain intact. But that is what we will see. The Arbalest Quarrel hopes we are wrong in our estimates. We would be surprised but pleased if that were to happen, but we don't expect that it will.A minimalist High Court ruling in Bruen would also disparage the import of the Court’s rulings in Heller and McDonald. The Nation’s enemies would be pleased. America's Patriots, rightfully, would not.Such a paltry ruling would not bode well for the continued security of a free State, especially in the present unhealthy political, social, and economic climate.But, even a minimalist ruling favoring the Bruen Petitioners will not be good enough for Anti-Second Amendment news organizations such as CBS News, whose doom and gloom prognostications only see the upending of the entire New York State concealed handgun licensing regime:“The Supreme Court is on the verge of ruling on a case that could overturn New York state's gun carry law. Records obtained by CBS2 show as many as 20,000 more guns could inundate the streets of the Big Apple, following such a decision.”That isn't likely to happen even on a best case ruling scenario. For, contrary to this reporting, the constitutionality of the entire New York State concealed handgun carry regime isn't at issue. The issue on review goes to the procedures created by the NYPD Licensing Division. Chief Justice Roberts saw to that. So, we know where his sentiments rest, even if, as a matter of logic alone, and not law, the Constitutionality of the entire New York handgun licensing regime is impacted. As we expect, the underlying handgun licensing structure will remain unscathed, consistent with the restrictions made by the Roberts Court on the issue to be decided in Bruen.Suppose, then, that consistent with the constrained issue, the Court's majority does strike down the City's concealed handgun carry license procedures, only, leaving intact the salient structure of the State's handgun licensing regime. That won't do much for Petitioners' rights; at least not immediately, and, perhaps, not ever.New York State and New York City will take their good time in developing and  instituting new concealed handgun carry license procedures for issuance of unrestricted and restricted handgun carry licenses both in the City and across the State.CBS News, of course, sees a slow-walk as a good thing, as they assert in the afore-referenced article:“. . . a high-ranking source tells CBS2's Marcia Kramer it could take the city years to comply.”See also articles in other Anti-Second Amendment sources such as Gothamist and in the seditious CNN and NY Times.And the New York Government would take its own good time in concocting a new set of arbitrary procedures to replace the ones struck down. New Yorkers would then be back to square one. America’s enemies would breathe a collective sigh of relief. There is no doubt about that! The NY Times reported on June 6, 2022, the following:“In New York, Gov. Kathy Hochul has said that she would consider calling a special session of the State Legislature if the law were overturned. And after a shooting in Buffalo last month in which a teenager motivated by racism killed 10 Black people at a grocery store, she brought up the law unprompted, saying that her administration was ‘preparing our state for what could be a Supreme Court decision that allows people to carry concealed weapons. We’re ready.’A spokeswoman for the governor declined to elaborate further on the preparations.”One need not wonder of the impact the Uvalde, Texas Elementary School shooting incident will have on Hochul. She will only become more entrenched in slow-walking or sabotaging, outright, a Bruen High Court decision that strikes down the New York City' Police Department License Division's procedures for issuing concealed handgun licenses.More importantly is the question what impact the recent shooting incident will have on the U.S. Supreme Court itself. Has the Court made changes to the majority, and concurring, and dissenting opinions, as a result of that incident in light of immense news coverage of it and Congressional action on it?Americans will no doubt see the liberal-wing in rare form, writing political and public policy tracts disguised as legal opinions. And, don't be surprised to see Chief Justice Roberts doing the same. The danger here is that Roberts and Kavanaugh may, at the Eleventh Hour, do a one-eighty switcheroo and join the liberal wing of the Court. That would give the liberal wing of the Court the majority it needs to rule for the Respondent New York, against the Petitioners. New York’s unelected Governor, Kathy Hochul, true to form—hateful of the Second Amendment—is going ahead full throttle to destroy the Right of the people to keep and bear arms as if Bruen never existed, even though a decision in the case is imminent. She has made this patently clear in a flurry of Anti-Second Amendment legislation she has very recently signed, as well as in her executive orders.And the New York City Mayor, Eric Adams, is 100% onboard with Hochul, as he backs her continuing control of the State. An affiliate of NBC News, 4NewYork News, reports:“New York City Mayor Eric Adams endorsed New York Gov. Kathy Hochul for a full term on Wednesday, praising her as 'an amazing governor' who deserves a full term.Adams, a centrist Democrat like Hochul, told supporters at a Manhattan union hall that voters need someone who can 'get stuff done in the state of New York.' Hochul, the former lieutenant governor, is running to keep the job she has held since August 2021 when Andrew Cuomo resigned amid allegations of sexual harassment, which he has denied.”The Neo-Marxist/Neoliberal Globalist-controlled Federal Government and the Soros backed and funded Neo-Marxist/Neoliberal Globalist State and Municipal Governments across the Country do nothing to hide their visceral contempt for the American people or their outright loathing of the Bill of Rights. One sees all of this through their failure to comply with the strictures of this Nation's body of laws and its Constitution. Worse, one sees increasing intimations of brazen seditious meddling with and offending of Bill of Rights imperatives. Nothing  constrains the actions of the Collectivists' insinuation of tyranny throughout the Republic, much as they, together with CCP China, consolidate their control over the nation-states of the EU and over the British Commonwealth Nations.Still, the United States has one thing no other Nation or group of Nations or other political construct has: a true Bill of Rights that incorporates the preeminent Right: that of Armed Self-Defense. But, how many firearms are in private hands is not known, only guessed at, and that is a good thing.Government is not in the business of and should never be in the business of knowing or attempting to know who among the citizenry is armed and the manner of their armament. That fact goes hand-in-hand with the unalienable right of the people to keep and bear arms.The armed citizenry is the singular source of this Nation's strength, vitality, and well-being; the basis for the sanctity and inviolability of Selfhood; the foundation of a free Constitutional Republic; the necessary condition through which that free Republic may be maintained; and, the ground upon which the sovereignty of the American people over Government is secured and upon which tyranny is resisted, restrained, and repulsed.The High Court should keep all of this in mind when deciding Bruen. But, even a ruling in favor of Petitioners against New York, will not of itself secure the Republic against encroaching Tyranny. For the forces that seek to impose it are powerful, well-organized, and deeply entrenched in our private and public institutions.Governor Kathy Hochul has powerful, ruthless, and inordinately wealthy allies, who will support her if she does not comply with the High Court's rulings, striking down New York City's concealed handgun carry procedures. Indeed, they will certainly dictate policy for her as they have done all along, just as they are doing for New York City Mayor, Eric Adams. The public simply sees in Hochul's policy aims and actions an inkling of the face that hides in the shadows, dictating her policy aims and actions. Hochul's stubbornness, in failing to heed U.S. Supreme Court rulings in Bruen, will certainly tell all Americans, but especially those residing in New York, everything they need to know of the unbridled contempt both she and those that pull her strings have for our people; for our Republic; and for our Nation’s Constitution.Disdain toward High Court rulings does not bode well for the continued security of a free State in the present unhealthy political, social, and economic climate. We have seen this abject disdain played out by State Governments and lower Courts toward Heller and McDonald. Much the same disdain will be played out again in Bruen. That is why Americans must stay true to the plain meaning of the Bill of Rights, especially when it comes to matters of armed self-defense against Tyranny. At the end of the day, the Bill of Rights is all that they have to assert their will on a renegade Government. For the Nation's first Patriots, a firm conviction in the righteousness of their cause, a blanket refusal to surrender their firearms to tyrants, and a valiant will to use those firearms against tyranny, sufficed to vanquish a mighty but ignoble foe. At the time, the Bill of Rights was inchoate. But, the germinating idea of the immutability and illimitability of the natural law right of armed self-defense against tyranny sufficed to win the day.  The germinating idea of the immutability and illimitability of the natural law right of armed self-defense against tyranny sufficed to win the day against seeming insurmountable odds. Today, the Bill of Rights is manifest, and we, the armed citizenry, are legion. We descendants of the first Patriots should be able to repulse tyranny that once again threatens a free and sovereign people. Can we do so, if the need arises? If we have the will and wherewithal to resist tyranny, then we, Americans, will have all that is necessary to vanquish tyranny once again._____________________________________________*Menken’s book purports to be a guide for political leaders on how to bring the Country together to resolve the Nation’s differences. Yet, one year after publication of her book, it is clear from her NYTimes letter Times, that Menken has had a change of heart; surrendered to the truth that reconciliation is impossible. That should have been obvious to her. It wasn’t. How can there be a meeting of minds?There are two antithetical ideologies at play. One ideology is grounded on the principles, precepts, and tenets laid down in our Nation’s sacred documents. The other intends to set it all aside. One ideology was forged in the Nation’s struggle for independence from tyranny. The proponents of that ideology seek to preserve the Natural Law Rights and Liberties of the people. They intend to maintain and preserve the success of the American Revolution.The other ideology, grounded on the principles, tenets, and precepts of Collectivism, much in evidence today, seeks to upend the hard-fought battle for Independence from tyranny. For Collectivism is predicated on Tyranny. It is inextricably tied to it. In our website, we discussed all of this in several articles some time ago. See, e.g., our article posted four years ago, in 2018, titled: “The Modern American Civil War: A Clash of Ideologies.”At the very birth of the Nation, the enemies of a free State, went immediately to work to waylay and destroy it. These enemies, the Globalist Banking Cartel, commenced a quiet Counterrevolution to dismantle a free State and to usurp the authority of a sovereign people, bending them to their will.The descendants of the Nation’s enemies, the international financiers and their minions, alongside rabid Neo-Marxist radicals, residing inside and outside the United States, are dead-set on destroying this free Republic, as assuredly and as thoroughly as would occur by overt military conquest.Theirs is a Collectivist Counterrevolution. Utilizing modern tools of information and computer technology, psychological conditioning, organizational acumen, inexhaustible reserves of money, and control over Government and over the levers of commerce, media, and finance. They intend to destroy the political, social, economic, and juridical foundations of the Country, merging its remains into the nascent EU/UN super-state that is taking shape throughout the world._______________________________**The poem: “Ten little Indian boys went out to dine; One choked his little self and then there were Nine. Nine little Indian boys sat up very late; One overslept himself and then there were Eight. Eight little Indian boys travelling in Devon; One said he'd stay there and then there were Seven. Seven little Indian boys chopping up sticks; One chopped himself in halves and then there were Six. Six little Indian boys playing with a hive; A bumblebee stung one and then there were Five. Five little Indian boys going in for law; One got into Chancery and then there were Four. Four little Indian boys going out to sea; A red herring swallowed one and then there were Three. Three little Indian boys walking in the Zoo; A big bear hugged one and then there were Two. Two little Indian boys were out in the sun; One got all frizzled up and then there was one*. One little Indian boy left all alone; He went out and hanged himself and then there were none. (*In some versions Two Little Indian boys playing with a gun; One shot the other and then there was one.) ~From IMDB, referencing the afore-recited poem, Ten Little Indians, from the 1965 mystery film thriller by the same name.”___________________________________Copyright © 2022 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved  

NEW YORK CITY MAYOR ERIC ADAMS’ “BLUEPRINT TO END GUN VIOLENCE” IS A HOAX

MULTI SERIES ON NEW YORK CITY MAYOR ERIC ADAMS

PART THREE

NYC Mayor Eric Adams’ comprehensive strategy to stem the tide of intractable criminal violence in the City will do nothing of the kind—is doing nothing of the kind. It is a hoax, plain and simple, albeit one well-planned and orchestrated. It is intended to delude the public into placing confidence in his Administration. It is designed to convince the public that the Mayor is doing something concrete to promote public safety. And that is to mean that he has a handle on violent crime. Image is everything, and Mayor Adams maintains vigorous control over that image, carefully overseeing all communications that go out to the Press. See the article in Legal Insurrection, published, on April 4, 2022, titled,  “‘Discipline of Message’: NYC Mayor Adams Wants to Approve All City's Communications.”The “Blueprint,” released with fanfare on the “Official website of the City of New York,” on January 24, 2022, creates an impression, as it was undoubtedly designed to do, that Eric Adams intends to deal head-on with the intractable crime problem—a violent crime wave that continually threatens millions of innocent people in the City, whether they reside there, work there, or are simply visiting.But, how well is this “Blueprint to End Gun Violence” working out? Not so well, it turns out. And that fact is difficult to hide, much as Mayor Adams would like to hide it, regardless of the clampdown on communications from the Mayor’s Office.Even the Radical Left, which supports the Mayor, realizes this and is vocal about it. See MSN.com which cites an article appearing on the website, Slate. The progressive left website, Slate, harbors no illusion about the inherent deficiencies of the Mayor’s “Blueprint,” and expressly asserts its belief about it, referring to the Mayor's plan as a “Trojan Horse.”Be that as it may, “Slate’s” disagreement with Adams’ “Blueprint” has nothing to do with overt concern over incessant crime in the City. Rather, Slate expresses displeasure at the prospect of the Mayor's plan targeting the perpetrators of it, the majority of whom happen to be “non-white” people.Slate posits the plan as racist and, and expresses its indignation and disdain over the implementation, implying that the presence of violent, horrific crime in New York City is preferable to the measures the Mayor intends to invoke to contain it.And violent crime does continue to spiral out of control, as reported on Fox News, on March 2. 2022.See also the article in law enforcement today, posted on April 9, 2022.So, with pushback on Adams’ “Blueprint” coming from polar opposite corners, one wonders if there is a solution to the problem of intractable crime at all.There is a solution, of course. But it’s a solution this Mayor, no less than the previous one, refuses to countenance. For, the perfect solution to incessant, violent crime in the City is one that both Adams, and his predecessor, de Blasio, consider more problematic than runaway horrific violence.And we all know what that solution is: It’s “the armed citizen.”If Eric Adams truly wished to deal effectively with the intractable violent crime problem in the City, he would revise the City’s politically motivated handgun licensing Rules that, on any serious reflection, are absurd. He would have to do this if he were serious about combatting violent crime. And, he doesn’t have to wait for the U.S. Supreme Court to make that decision for him through the Bruen case.But that isn’t a tack that Mayor Adams and Governor Hochul, no less than their predecessors, Mayor de Blasio and Governor Cuomo would ever consider—not in their wildest dreams.In fact, these people have spent considerable time hobbling the average citizens’ access to the most effective means of ensuring their defense against violent crime. Of course, the criminals and lunatics know this too. And that goes far to explain how it is and why it is violent crime in New York continues to increase exponentially. Criminals and lunatics know that it is more likely than not that their targets won’t be armed and therefore need not fear their would-be victims turning the tables on them.From his latest comments, Mayor Adams' posture on the armed civilian citizen is clear enough. And that posture explains why he doesn't refer to armed self-defense at all as a means to deal a blow to violent crime. For, the mainstay of Mayor Adams' approach to curtailing violent crimes involves ramping up police efforts to curb crime. See the recent article in the progressive website Politico published on April 3, 2022.Also see the transcript of April 3, 2022, Face the Nation interview of Eric Adams, and the article in Bearing Arms.Eric Adams refers to himself as the new “face of the Democratic Party,” as reported in the New York Post. But, on reflection, his isn't really a new face at all. It is simply a new mask worn over an old face.It is clear enough, from prior remarks he made, that Mayor Adams is an avid supporter of stringent gun licensing in New York, no less so than the new New York Governor, Kathy Hochul. See February 4, 2021 article in St. Andrews Law Review:“Public officials fear any outcome that curtails their ability to regulate firearms. New York City Mayor Eric Adams said that restricting the state’s ability to regulate weapons will simply instigate violence. Governor Kathy Hochul echoed Adams’ sentiments in similar remarks.” And Arizona State University Crime and Justice News reported this, on Eric Adams' stance on firearms’ licensing, apropos of the Bruen ruling:“The ruling is expected to come down after Eric Adams replaces de Blasio as mayor. Adams, who emphasized public safety as key to the city's recovery during his campaign, said that limiting the state's ability to regulate firearms ‘is a recipe for disaster.’”Thus, Mayor Adams dismisses out-of-hand the most effective means at his disposal. For it is the armed citizen who can, in the final analysis, play an important role in combatting intractable, violent crime in the City.Adams sees, albeit erroneously, the armed citizen as likely aggravating a volatile criminal situation in the City rather than lessening violence. So if New York City is to see any change to the concealed handgun carry licensing Rules, such change will have to come from the rulings of the U.S. Supreme Court itself.See the article in The Ticker:“New York Gov. Kathy Hochul, Mayor Bill de Blasio and Mayor-elect Eric Adams have concerns over this case, primarily from a public safety viewpoint.While safety is certainly a factor that can be used to determine which specific, sensitive public places can prohibit firearms, such as libraries, it cannot be used to serve as a prior restraint to prevent people from being able to defend themselves with firearms outside of their home completely.By the end of the arguments, most of the justices appeared likely to strike down or limit New York’s law.If the court correctly rules in favor of the petitioners, New York could be forced to rewrite its law to allow more citizens to carry firearms in public for self-defense, with clearer criteria and less discretionary hurdles.In addition, New York could become a ‘shall issue’ state, which would compel licensing officers to approve applications if they meet objectively set state requirements, such as meeting the minimum age and having no felony criminal activity.While some advocates will argue that allowing more citizens to carry firearms in public for self-defense will lead to an increase in uncontrolled gun violence, the result would be the opposite.Allowing more good citizens to legally carry guns will lead to more deterrence and a higher likelihood that they will be able to successfully defend their families and themselves against criminals.New York is one of the most restrictive states when it comes to allowing citizens to legally have firearms, yet it declared a statewide gun violence emergency in July ignoring the fact that most of the gun violence is a direct consequence of illegal, not legal, firearms.Most states, both liberal and conservative states included, adopted a ‘shall issue’ system in recent decades, yet they have less violence than in New York.”Also see the article in the Free Republic.New York as with several other jurisdictions around the Country gives great latitude to handgun licensing officials to make the decision whether to issue an unrestricted handgun carry license to the applicant, or not. Yet, it is the States with the most restrictive gun licensing that are plagued by violent crime. You would think that Cities like New York would consider relaxing the rules on the issuance of concealed handgun carry licenses, since nothing else, historically and to date works, effectively to deter violent crime. Yet, nothing is done. Go figure.The governing principle of these jurisdictions—that uniformly abhor the notion of the armed citizen who takes responsibility for his or her personal defense—is the “may issue/proper cause” standard to carry a handgun, concealed. That standard, as applied in New York City, is up for review at the U.S. Supreme Court. And a decision is anticipated in early Summer 2022.How will the U.S. Supreme Court rule in Bruen? It is expected that the Court will rule the NYPD standards for determining the propriety of issuing a concealed handgun carry license to be unconstitutional both as constructed and as applied.To be sure, the entire “may issue” structure for issuing a concealed handgun license in any jurisdiction around the Country is misguided from the get-go because the standards created whatever they may be, are inherently subjective as applied. The entire “may issue” structure is unsound and anathema to the fundamental, unalienable natural law right codified in the Second Amendment to the U.S. Constitution.The very constitutionality of “may issue/proper cause” was at the heart of the Bruen case, pushing well beyond the borders of New York City and New York State, as the issue was promulgated in Plaintiffs Brief to the Court.But Chief Justice John Roberts narrowed the focus of Bruen, thereby forcing the Justices to consider only the constitutionality of the City’s concealed handgun carry Rules. The salient issue of whether “may issue” infringes the core of the Second Amendment is not up for review.By doing this, the issue, as framed for review, takes as a given that “may issue” is sound and valid but that the City’s Rules regarding “may issue” might not be.It will be interesting to see what Justices Thomas and Alito do with this. Consistent with their opinions in the seminal Second Amendment cases, Heller and McDonald, Justices Thomas and Alito may well view the entirety of “may issue/proper cause schemes unconstitutional, notwithstanding the deformation of the issue by Chief Justice Roberts. In that event, their opinions would be relegated to concurrences; not majority rulings, and other “may issue/proper cause” jurisdictions can rest easy that their own draconian handgun carry licensing rules remain untouched by Bruen. This, no doubt, is what Chief Justice Roberts and the liberal wing of the Court had in mind; had certainly intended to do to soften what otherwise would seem to augur yet another landmark Second Amendment case decision.If a handgun licensing scheme is to be retained in New York City at all, it should be simplified, made straightforward, and applied fairly to all applicants. In particular, concealed carry provisions should address the needs of the average law-abiding, responsible citizens who do business in the City and/or reside there. And provision should be made for those law-abiding, responsible citizens who happen to visit the City.The present New York City handgun licensing scheme is deficient on any rational measure. And it isn’t applied in a fair and impartial manner.And woe to any person from another jurisdiction who brings a handgun into the City, and is found possessing a handgun, sans a valid unrestricted handgun carry license issued by the NYPD Licensing Division. At the moment it is that person, and not the gun-wielding rabid lunatic, psychopathic gangbanger, or garden-variety common criminal who will suffer the greatest wrath from the City’s criminal justice system.It has always been thus. And that fact isn’t going to change soon, regardless of the enormity and severity of crime in the City. See the article posted in Ammoland Shooting Sports News, published, August 6, 2015, titled, “Who’s Packing In New York City?” But, even if the Bruen Court strikes down, or otherwise places stringent curbs on the inordinate discretion presently extended to the NYPD Licensing Division in prosecuting applications for concealed handgun carry licenses, it is another question entirely—and a pertinent one—whether the Mayor’s Office will abide by that High Court decision. And that is worrisome.Consider——Back in November 2021, Mayor-Elect Eric Adams specifically addressed Bruen, on MSNBC News, when questioned by the host, Andrea Mitchell:“‘The concealed weapon ruling that’s going to come about is extremely challenging for us,’ says Adams. ‘This is different from a rural county somewhere. And this could have a major impact on our ability to keep our city safe, but we will adjust.’”So, there you have it! In an act of sly casuistry, rather than clarity, the Mayor says, “we will adjust.” He doesn’t say, “we will comply with the rulings of the Court.”  The Mayor's choice of words is telling. For he would rather suffer continuing waves of violent crime than acquiesce to the Constitutional right of all citizens to bear a handgun outside the home or outside their place of business, for their own defense.Even with a U.S. Supreme Court directive that might strike down the entire licensing structure of New York City, the Mayor of New York City and the Governor of the State will—by dictate of the Neoliberal Globalists and Globalist Marxist forces that secretly control them—fanatically resist the reversal of over a century of ever-growing unconstitutional restrictions on the right of the people to keep and bear arms. And we know whereof we speak, based on past practices.We have seen how State, local, and county governments, along with lower Courts have—have, through the last decade—blatantly, arrogantly, and contemptuously dismissed out-of-hand clear and explicit rulings of the U.S. Supreme Court in the seminal Heller and McDonald cases.Can one reasonably expect that the State of New York and its major metropolitan area, New York City, will do an immediate and abrupt about-face toward concealed handgun carry when Bruen, as the third seminal Second Amendment case, comes down the pike with further explicit rulings? Sadly, we have to say: Not likely! The State and City will come up with dubious schemes to avoid taking any action that would do harm to a handgun licensing structure that has been in place for over 110 years.New York City residents should not expect the Mayor to reform the City’s draconian handgun licensing Rules even with clear, categorical rulings from the High Court.Mayor Eric Adams is of the same mindset and holds to the same alien ideology as both his predecessor, Bill de Blasio, and the Governor of New York, Kathy Hochul, and boasts the same sympathies of myriads of other Federal, State, and local government flunkies.It would be naïve to think Eric Adams is cut from a different cloth. The secretive powerful interests behind his election are the same as those who thrust de Blasio into Office. These powerful, malevolent interests have made certain that the toadies they place into Office share the same worldview, and that worldview is not amenable to the preservation of a free Constitutional Republic.These forces are intent on replacing a free Republic, and a sovereign people, with an entirely new and ambitious, political, social, economic, financial, juridical, and multicultural construct. It is a paradigm antithetical to the needs and desires and fundamental rights of the American people. This new paradigm or framework goes by many names: “the international order;” “the new world order;” “the global democratic liberal world order;” Kissinger’s “world order,” the “neo-feudal world order,” “liberal internationalism,” and, the “Soros/Open Society.” But, by whatever name, the demise of the United States as a truly sovereign, independent Nation-State, along with the demise of the American citizenry as sole sovereign of their Government and the demise of the very concept of ‘citizen’ are the end goals.To accomplish these ends, the forces that crush are hell-bent on shattering the will, psyche, reasoning capacity, and sanity of the American people.To that end, violent societal upheaval is not to be contained or constrained, but to be encouraged.Americans have in the last few years witnessed violent societal upheaval. They see many of their political leaders embracing, enhancing, aggravating upheaval without care for the horror and misery inflicted on innocent individuals.We have seen this “Democrat Party” tolerating, even coaxing, and encouraging BLM and ANTIFA riots in the Summer of 2020 and the rioting continues today. See, e.g., articles in the Washington Examiner, and The Frontier Post.The vigorous, violent, outrageous assault on the U.S. Constitution and on the American citizenry by the ruthless, powerful, inordinately wealthy, and well-connected forces that crush is plain:

• Conceptualization and Implementation of a coordinated FBI hit job on ordinary American citizens who have justifiably sought a serious, comprehensive investigation of and serious accounting of those shenanigans and machinations involving the 2020 election that improbably ensconced, as titular head of the Executive Branch of Government, an obviously corrupt, emotionally and physically weak, and dementia-ridden shell of a man;

• Outrageous DOJ Persecution of “militia” members and Castigation and Remonstrations against average American parents who simply wish to exercise their fundamental rights of free speech and free association without fear of governmental backlash, interference, and reprisals for harboring ideas and beliefs inconsistent with that of the Administration;

• Endangering the Sanctity and Inviolability of the American Citizenry by unlawfully and brazenly secreting into the Nation hordes of illegal aliens from around the world, including violent criminals—literally millions of them;

• Massive Social Engineering Programs and Social and Psychic Conditioning and Indoctrination of the entire American citizenry: including Adults, Youth, and Children;

• Deliberate Actions aimed at Demoralizing and Weakening the Military and Community Police apparatuses of the Nation;

• Placement of scores of defective, incompetent, easily, malleable people in the highest levels of Government to assist in the dismantling of a free Constitutional Republic

• Consolidation of all the Apparatuses of Government by which the dismantling of a free Constitutional Republic can proceed at a record pace, unconstrained, from within.

And the public is expected to do nothing to prevent the coopting of their Country, but simply acquiesce, sit still, and moronically enjoy the hayride to oblivion. And, for those Americans who refuse to submit, who know what is in store for them and their Country, and who refuse to be mesmerized by the claptrap incessantly spread through the airwaves, legacy newspapers, and the internet, they can expect to be unceremoniously crushed beneath the wheels of the hay wagon.____________________________________Copyright © 2022 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved

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.