New York Proposal would Check Social Accounts and Search History of Gun Buyers

Gun Buyer
New York Proposal would Check Social Accounts and Search History of Gun Buyers

New York-(Ammoland.com)- Can a post on social media be used to stop you from purchasing a gun? If New York state Senator Kevin Palmer and Eric Adams, the president of Brooklyn Borough had their way, it would.

The two lawmakers have started work in drafting legislation that would require everyone who attempts to purchase a firearm in the state of New York to turn over the last three years of their social media posts for scrutiny. Not only that, but the legislation would also require the would-be purchaser to turn over their internet search history from the same period of time.

Any speech that is deemed to be “hate speech” or merely offensive comments would be grounds to deny the sale of the firearm to the resident. What the proposed law fails to do is state what would be considered hate speech or offensive remarks.

“A three-year review of a social media profile would give an easy profile of a person who is not suitable to hold and possess a firearm,” Adams told WCBS Newsradio 880.

The lawmakers built their proposed law on the premise that posts on social media can identify a mass shooter before they can carry out their actions. Adams notes that hate speech and offensive comments have been found on mass shooters social media profiles in the past. They believe that if background checks including checks on social media were in effect in the past, the law would have prevented some mass shootings.

Gun rights advocates are critical of the proposed law citing a violation of not only the Second Amendment but also a violation of the First Amendment. LtCol (r) Willes K. Lee, President of the National Federation of Republican Assemblies and member of the NRA Board of Directors believe this proposal to be a publicity stunt.

“In another publicity stunt, this being an attack on both our First and Second Amendment RIGHTS, they want another way to subjectively decide who is ‘deserving' of the Constitution,” LtCol Lee told AmmoLand. “This is not only wrong, this is wasteful of America’s time and resources as we’ll watch this play out in the courts. This is simply a ploy by no-name legislators to excite their ignorant progressive base while not producing any real solutions to safeguarding American lives.”

Palmer and Adams cite that police use social media to investigate crimes. Police do use social media to investigates crimes, but that is after an offense has taken place.

“If the police department is reviewing a gang assault, a robbery, some type of shooting, they go and do a social media profile investigation,” Adams told the local radio station.

Other Second Amendment Advocates point out that the law seems to run afoul of the due process clause of the US Constitution. Erich Pratt, Executive Director of Gun Owners of America, accuses this proposed law and red flag laws of constitutional violations.

“What New York politicians are advocating is the total destruction of our constitutionally-protected rights,” Pratt told AmmoLand. “If the anti-gun Left is going to use Social Media to throw Due Process out the window and restrict people’s Second Amendment rights, then why stop there? Last year, a terrorist used a truck to perpetrate a total of 19 casualties in New York. Yet no one said, ‘We need to look at people’s Facebook account before they can drive a vehicle.'”

“That’s the hypocrisy. The anti-gun Left doesn’t care about ‘car violence' — even though more people every year die from vehicles than guns,” Pratt went on to tell AmmoLand.

The proposed law might run into First Amendment issues in the courts. The United States Supreme Court has ruled multiple times that there is no “hate speech clause” in the First Amendment.

Matal v. Tam was the latest of these rulings. In 2017 SCOTUS ruled unanimously to reaffirm that there is no “hate speech clause.” Legally speaking, hate speech does not exist. All speech that is not a direct call for violence is protected. In short, hate speech is protected speech.

If New York passes this law, it will face an uphill battle in the courts.


About John CrumpJohn Crump

John is a NRA instructor and a constitutional activist. He is the former CEO of Veritas Firearms, LLC and is the co-host of The Patriot News Podcast which can be found at www.blogtalkradio.com/patriotnews. John has written extensively on the patriot movement including 3%'ers, Oath Keepers, and Militias. In addition to the Patriot movement, John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and is currently working on a book on leftist deplatforming methods and can be followed on Twitter at @crumpyss, on Facebook at realjohncrump, or at www.crumpy.com.

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Joe2004doneAR LibertarianSpecomwilly d Recent comment authors
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Joe
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Joe

Easy solution! Stop using social media to post unnecessary information about yourself that no body cares about anyway. Remember what you put on those sights is there forever.

AR Libertarian
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AR Libertarian

Obviously, anyone running for office should turn over 3 years of search history to the government before being certified as fit to hold office.

2004done
Guest
2004done

No, Fifteen years of ‘search’ to prevent another Wiener-Abedeen pedophile from NYC. Just think, the formerly “three-men-in-a-room” legislature could become “just-Coumo-in-a-closet” dicktator (sic).

willy d
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willy d

I’m tired of the P C B–l S–t It is the main stumbling block to getting anything moving or done in this country; they keep throwing this up because they don’t want to offend or step on any bodies toes, The only thing the Demo-Rats want is to do away with the 1st and 2nd amendments that way we can’t say how rotten they are, and we won’t be able to defend our selves, just pay us your taxes that we tell you and shut-up!!! PEOPLE YOU BETTER WAKE UP!!!!!!!!! It is a plague and it is spreading like the… Read more »

Lars
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Lars

The Cruz kid in FL posted his intention all over the place. Was turned in to two or three LE agencies. Fat lot of good any of that did. They only want to deny those of their choosing.

Brian Conner
Guest
Brian Conner

Politicians should have to do this before they could take any elected position.

Mike B in WI
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Mike B in WI

“… would require everyone who attempts to purchase a firearm in the state of New York to turn over the last three years of their social media posts for scrutiny. Not only that, but the legislation would also require the would-be purchaser to turn over their internet search history from the same period of time.”
Does ANYONE keep three years of search history or media posts? Most browsers delete history more than a few weeks old.
This is just another totally unworkable idea from some really stupid people.

Specom
Guest
Specom

You dont give them a list, you would give them permission to lean on google and your service provider for a list.

Brick
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Brick

No worries folks, I think I see what this would entail. It’s just keyword search for those who said CNN sucks, NY is a commie run socialist wet dream and Islam is evil. No real threat there right?
I’ll never move to NY,Cali nor Michigan, so they shouldn’t move to Texas where their problems don’t exist.

Specom
Guest
Specom

What’s your problem with Michigan? We had open carry before Texass.

Robert J. Lucas
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Robert J. Lucas

Socialism>Communism>Gun Control=Disarmament=Extermination…

m.
Guest
m.

f the ny d-suckers and their like-minded commie followers

Darrell M.
Guest
Darrell M.

Remember ” Minority Report “.
This is just Palmer and Adam’s attempt to create a ” Pre-Crime ” division in the state of New York.
If this is allowed to stand. What other of our Constitutionally protected RIGHTS will the progressive/communist left try to take away based on our exercise of the 1st Amendment ? What other purchases and or jobs will we not be allowed to have based on our social media presence that can be forged with a keystroke by a leftist government paid hacker ?
Full Tyrannical Control is the ultimate goal for these enemies of the People.

pjw
Guest
pjw

Doesn’t legislation such as these two NY state legislators propose run contrary 1st amendment free speech protections? Just another reason to not spend time or money in NY state. NY state is the home of the Big Apple,
an apple which is rotten to its core.

2004done
Guest
2004done

I’ve owned in NY for over 40 years (upstate), and if I could sell my home for even 2/3 of its appraised ‘value,’ I’d jump. Until then, I’d say you’re being too nice calling this shut-hole rotten.

JR
Guest
JR

That’s cool. Then the law needs to extend to people who call for physical harm or death to elected leaders, then have them hunted down and prosecuted. Oh, but I’m sure that’s different and protected.

Wild Bill
Guest
Wild Bill

@JR, If you had taken some Con Law classes, or even just read the first two Amendments, then the answer to your own question would be obvious to you. Oh, and that thing that you call law, is only an untested statute.
The important question is “Whether legislators who promulgate these unconstitutional statutes ignore the Bill of Rights and its preemptive nature because they are unlearned or are they just dumb shits.”

Herb T
Guest
Herb T

Since most mass murders appear to be democrats, shouldn’t democrats and those voting for democrats be denied access to firearms? What a great idea – punishment before the crime to prevent the crime. Can you spell “due process?”

Jim K
Guest
Jim K

Would it include opinions and comments posted here?

Mike S.
Guest
Mike S.

Yes it would. Essentially, “All Your Passwords Are Belong To Us” with this. If (BIG If) they managed to pass this turd, pretty much your entire digital history would have to be reviewed: phone records, text messages, emails, scrotal media posts and ‘friends’, search histories, posts on various platforms like this one, etc., before you’d be ‘allowed’ to exercise your Rights. It’s not just how much they’d be able to subpoena-by-fiat, but the processing time required for the gaggle of guv drones to go through it. Given that it’s New Yawk, I’d imagine they’d hire exactly one person to do… Read more »