New York Governor Hochul & Democrats Defy SCOTUS, Instead Make NY Gun Laws Worse

Opinion

New York – -(AmmoLand.com)- The Hochul Government did not make changes to the New York Gun Law, NY CLS Penal § 400.00 et. seq., to comply with the High Court’s rulings in Bruen, but, rather, drafted the amendments to constrain and, in fact, eliminate lawful concealed handgun carry throughout the State, consistent with her Government’s plans to effectively negate exercise of the fundamental, unalienable natural law right codified in the Second Amendment.

Democrat Governor Hochul would like the public to believe that the amendments comply with the Bruen rulings. They do not. It is all a sham.

But, to machinate such an elaborate hoax to waylay the U.S. Supreme Court and hoodwink the public takes time, money, effort, and cunning, and Kathy Hochul must have had all of that, suggesting she surreptitiously received an advance copy of the decision after November 3, 2021, Oral Argument.

This is reminiscent of the illegal unveiling of a draft opinion of the Dobbs abortion case weeks before the Court released the final and official version of the decision.

The breadth and depth of the amendments to the Gun Law are substantial. They are all collected under the vague, ambiguous, and deceptive title, Concealed Carry Improvement Act (“CCIA”). The title doesn’t illuminate; it deliberately hides and obscures.

Yes, the New York Government did delete the offending words “proper cause” from New York’s Gun Law, NY CLS Penal § 400.00, but doing so changes nothing apropos of compliance with the Bruen rulings. The CCIA is worse, much worse than the Gun Law had been, with the offensive verbiage intact.

The CCIA leaves present holders of valid New York concealed handgun carry licenses in a nebulous and precarious position. And the CCIA makes it no less difficult for those seeking to obtain a New York handgun carry license for the first time.

Recall——

Bruen held clearly and categorically the State’s “proper cause” requirement is unconstitutional and inconsistent with the exercise of one’s natural law right of armed self-defense outside the home.

Kathy Hochul and Albany remain undeterred. The State Legislature merely substituted “proper cause” with another verbiage that accomplishes the same thing and, disturbingly, goes beyond the old and problematic “proper cause” requirement. And CCIA maintains the multiple-tier handgun licensing structure.

Those who at present hold a valid New York handgun license, whether “unrestricted” or “restricted,” or hold a highly restrictive home or business premise license, under the original licensing scheme, should have known what was coming.

On June 6th 2022, a few weeks before the official release of the Bruen decision, Hochul signed a ten-bill antigun package into law.

Both Albany and the Hochul Administration had no intention of allowing the U.S. Supreme Court to throw a wrench into the Government’s plan that had, heretofore, been going to plan to eventually reduce lawful armed self-defense to a nullity.

Recall that Hochul’s predecessor, Andrew Cuomo, had successfully fast-tracked into enactment the notorious New York Safe Act of 2013. The enactment of the NY Safe Act was a harbinger of things to come.

At the time Governor Cuomo signed the Act into Law, we at AQ had correctly pointed out that no one should construe the NY Safe Act as the end goal of the Anti-Second Amendment Government’s effort to severely constrain lawful possession and ownership of firearms. NY Safe Act is a work in progress, we stated, in an article posted in AQ, on February 18, 2020. And right, we were.

The NY Safe Act and CCIA, and a plethora of other Anti-Second gun laws, are grandchildren and great-grandchildren of the New York Government’s plan to constrain civilian citizen exercise of the right of the people to keep and bear arms.

The genesis of that plan was hatched well over 100 years. It was the Sullivan Act of 1911. The Sullivan Act ushered handgun licensing into the State.

Through each successive incarnation, the Sullivan Act became progressively worse, progressively constricting and inhibiting the exercise of the natural law right of armed self-defense. And with each successive enactment, the Anti-Second Amendment Government became more emboldened; enacted increasingly dubious and extravagant antigun laws.

On June 24, 2022, just one day after the release of Bruen, Hochul issued a stern warning, albeit couched as a mild;

“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.” So said the Governor.

And she did not bother to hide her bitter anger over the rulings, her hatred of the Second Amendment, her resentment of the U.S. Supreme Court, and her disgust toward those citizens who would dare to exercise their natural law right, codified in the Second Amendment to the U.S. Constitution.

Calling the Bruen rulings “appalling”, Hochul responded to them with affected piety as she simultaneously rebuked the Court that issued them:

“‘As the case returns to the lower court, we encourage responsible gun owners to continue to follow their current restrictions and always put safety first. While we are disappointed with the Supreme Court’s reckless disregard for the safety of our communities, we are prepared to fight. I am planning for a special session of the legislature where we will explore a wide range of legislative options that will keep us in compliance with this ruling, while also creating a thorough and strict permitting process that prioritizes the safety of our communities. I look forward to working with the legislature, local and county government leaders, and legal experts, and will stop at nothing to protect New Yorkers.’” Id. So said, Governor Hochul.

The Governor’s remarks are glaringly, blatantly inconsistent. In one sentence in the afore-recited passage, she expressly contradicts herself.

Hochul says she and the Legislature in Albany “will explore a wide range of legislative options that will keep us in compliance with this ruling, while also creating a thorough and strict permitting process. . . .” Let’s analyze that.

Hochul is saying she will comply with the Bruen rulings by making it more difficult to acquire a concealed handgun carry license. In other words, “I, Kathy Hochul, will comply with the Bruen rulings by not complying with them.” Huh!

Governor Hochul has just squared the circle. Quite an achievement.

How does that work? If she can get away with this, it doesn’t bode well for those expecting to now be able to exercise their right of armed self-defense in New York unimpeded.

Nonetheless, one is expected to take Hochul and Albany at their word that they drafted the CCIA to comply with the Bruen rulings and allow for armed self-defense in the public realm, even as they clamp down even harder on one’s right to armed self-defense outside the home as well as in it. Her arguments are nonsensical; her actions outrageous. So, then, what else is new? It’s business as usual in New York!


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DDS

The Hochul administration are not the only ones trying to “square the circle”. SCOTUS has attempted to find reasonable infringements that do not violate 2A’s prohibition of any infringements as have politicians across the USA.. Note how many pro gun bill speeches contain the words “This does not infringe on the Second Amendment.” But they cannot stop the pendulum from swinging. Just as “duty to retreat” abuses gave rise to “castle doctrine” laws, and “may issue” abuses gave rise to “shall issue” laws, Gov. Hochul and others’s antics will give rise to laws meant to constrain their behavior in order… Read more »

Wild Bill

Good observation.

Rowboat

She is operating under the “ law of NO consequences “ and getting away with it !

Boom

Are you a mouth mechanic?

CourageousLion

Huh?

Boz

A dentist (e.g. DDS)…

CourageousLion

Got it. Weird people would down vote that question.

DDS

Ah, no, I’m not.

Boom

Roger. I’ve been wondering.

CourageousLion

If the “Law of Unintended Consequences” is exercised, I hope whoever participates video tapes it and sends copies to all governors in all the red states. As well as a bunch of mayors.

Larry

Note how many pro gun bill speeches contain the words “This does not infringe on the Second Amendment.”

Note how the assault at Waco that (up until then) was the largest mass murder in the US (over 80 people, including 22 children) began with the words, “This is not an assault.”

Deplorable Bill

There are many others but this one is a good example of tyranny and treason. After having sworn to uphold and defend the constitution, the people and the nation what we see here is a clear, willful, insulant, non accountable to the public whom they serve, violation of the oath of office and thusly treason and tyranny. Apparently, they own the courts and the legal system but, that’s nothing that a tall tree, a short rope and a windy day can’t fix. Why is it that they are purposely trying to PROVOKE the nation into civil war or, at least… Read more »

Ronnie

WELL SAID — We think Alike – These Demos in office answer to satan! = adolf – As I have said Many times – DNC PARTY IS FOLLOWING THE “JOURNALS OF HITLER” = Doing the Same to US CITIZENS! TIME FOR “ALL GOVT’S TO FALL!” AND WE THE PEOPLE” – MAke a BETTER GOVT TO SUIT US THE PEOPLE! I AGREE TO YOUR SOLUTION To Punish all Traitors of their ‘OATH’ = Tall tree’s are abundant! Hardware stores Stock All types of Strings & rope – And A RAINY – WINDY – GLOOMY DAY Would Befits to the demise of… Read more »

Chuck

Unfortunately, the Constitutional definition of Treason, Aiding and Abetting an enemy of the US during time of war, doesn’t consider Violations of Oath to Office. So we’re stuck with the Tyranny charge alone. Impeachment should already be in the works, but it won’t happen, because most Democrats are on the same page, and right now, the NY State Legislature is majority Democrat. New York’s Geheime Staatspolizei will protect and defend her to the death, so removal from office by the citizenry would result in a bloodbath. All that can be done is to vote her out of office, and that’s… Read more »

Tionico

Correct, this does not yet rise to the level of treason, but when she manages to disarm masses of people, and imprison them for “failure” to keep her laws that are “of none effect, and no law at all”, then perhaps. She IS making war on the citizens of NYS, just not yet openly. What she IS doing, however, is felony perjury for swearing her oath of office and failing (very blatantly at that….) to keep it. Wil someone have the clout and guts to bust her and charge her on it> And WHY are not the People of NYS… Read more »

Deplorable Bill

They ARE at war with everything, everyone who upholds that which is right and good and true. They are at war with the LORD GOD HIMSELF. They call us terrorists, criminals worthy of death or solitary confinement for questioning a faked election and the abominations they stand for. They have been at war with us for decades, maybe more. We have not answered. Treason is a very fitting description of all they are about.

Arm up and carry on

CourageousLion

Except for this: “The reason we have stand armies, navies and air forces is defense of the people, the nation and our way of life.” I agree 100%. We are NOT SUPPOSED to, according to the Constitution have “standing armies”. We are SUPPOSED to have militias as enshrined in the first 13 words of the 2nd amendment. Read, share, comment,sign up for Substack: https://courageouslion380.substack.com/p/those-forgotten-and-ignored-13-words-957 Unless there is a CONGRESSIONAL DECLARATION OF WAR, of which a period of 2 years an army is formed OUT OF THE MILITIA, a standing army is in direct violation of the very document you are… Read more »

MICHAEL J

What better way to test the Supreme Courts resolve by arresting the criminal government of New York. If these judges don’t hold this treasonous governor accountable, every dem will follow her lead.

Wild Bill

On what charges would you have the criminal government of New York arrested?

Jonesy

Resurrect Beria

Ronnie

BREAKING THEIR “OATH’!!! — THEIR ‘WORD’!!!

Wild Bill

Although and insulting betrayal of the people, that is not prosecutable. Sorry.

Rowboat

Treason by failing to follow their duty to uphold the “law of the land “.

Wild Bill

It does not qualify as treason, sadly.

Chuck

Breaking one’s Oath of Office isn’t considered Treason by the Constitutional. Aiding and Abetting and enemy of the US during time of war, is what the Constitution defines as Treason (Article III, Section 3, Clause 1).
I agree that breaking one’s Oath of Office should be considered Treason, but unfortunately we’re stuck with the Constitution’s definition, until/unless it’s amended and ratified by 3/4ths of the States to change the definition.

Tionico

that is not restricted to being in timeof war”. READ that part again. On the other hand, swearing her oath of office and failing/refusing to uphold/keeo it does rise to feloy perjury. Prosecute on that. And SCOTUS, if they had enough guts, WOULD, having observed her actions, find her in open contempt of that court. Various penalties/consequences could apply. IF they had the guts. While they are at it, whilst Her Wretchedness was pushing these bills, every state legislator who voted to enact these into “law” must also be found in contempt of SCOTUS. They KNEW< or should have known,… Read more »

Wild Bill

Yes, Art. III, Section 3, clause 1: “Treason against the United States, shall consist ONLY in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort…”

HLB

False arrest, sometimes known as false imprisonment or wrongful arrest, occurs when someone wrongfully holds you against your will or takes you into custody. Both private persons and law enforcement agents can commit this crime when they act beyond or outside of the scope of their authority.”.

This would be one example of an arrest worthy crime. It would apply to the police performing the arrest, not to the governor. The one being arrested would have to perform the arrest.

HLB

Tionico

By the time half a dozen such arrests were made, and the arresting ossifurs suitably punished, any further such arrests would somehow magicaly stop occurring. Imagine that?

Wild Bill

Yes, I am aware, but lets keep to the issue that Michael J raises, to wit: “What better way to test the Supreme Courts resolve by arresting the criminal government of New York.”

Upon what charge would we arrest the government of NY? Who all would that include? Who would do all that arresting? Where would we house them?

Perhaps there is a more practical way of preventing the government of NY from enacting and enforcing infringements on the Second Amendment?

Last edited 12 days ago by Wild Bill
CourageousLion

TITLE 18, U.S.C., SECTION 242 Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, … shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be… Read more »

HLB

Thank you,

HLB

Wild Bill

Yes, that exists, but I do not think that it applies to legislators making statutes, or state supreme courts, or governors. Remember the commenter was advocating arrest of the NY government. And as a practical matter, arresting the whole NY government would be impractical.

Who would make all those arrests? Where would the detainees be housed, fed, and provided medical treatment? What would the state of NY do without a sitting government. That is an awful lot of single misdemeanor trials.

Larry

Uh huh. And if you look at the history of all the times suit has been brought under that law, you will see that the federal government brings suit against states and individuals and has a reasonable record of wins, whereas any time a non-governmental entity attempts to use it against any level of government at all, they rack up a big fat L.

It’s a big club, and you ain’t in it.

CourageousLion

Something weird is going on with this page.

Last edited 12 days ago by CourageousLion
HLB

?

HLB

Wild Bill

Yes, there is something wrong with this page. On it I find myself cornered for merely being reasonable.

totbs

SCOTUS has no enforcement arm, and state AG’s are gutless when it comes to carrying out their sworn duty to the people who elected them.

HLB

The enforcement arm is the realization by the people that they are being violated by an unconstitutional force and must defend themselves.

HLB

Tionico

Remember George Wallace, who defied a SCOTUS ruling that mandated school integration nationwide? He was physically removed from the schoolhouse he attempted to “guard” from the “coloured” students that had been bussed to that school. I think it was National Guard troops on order of the then-president, can’t remember who but I DO certainly remember seeing this event on the national nightly news. Wallace was physically interfering with the passing into the school of the bussed in “coloured” students, and was physically removed. by armed military. Of course, by that point in the drama, the bussed children WERE being physically… Read more »

Wild Bill

Wasn’t that the 101st Airborne Div. sent by Pres. Eisenhower?

Montana454Casull

Kathy Hochul is a complete lunatic, power has went to her head and she thinks she has the final say on everything. Violating her oath to uphold the constitution does not matter to this power hungry PC Twat . New Yorkers deserve the evil bitch . Vote red or your freedoms are gone Kathy Hochul is proof of that.

Boom

****power has *gone* to her head****…

Haha. Sorry. I’m unhappy with myself & my life.

CourageousLion

Don’t be unhappy with yourself and your life.

Tionico

I read it “has done gone to what remains of her head”.
As in past perfect tense.

Rowboat

New York is a rogue State. Send in the National Guard to arrest Hoochy
AND the legislators. After all, isn’t that what they did in Alabama when the governor refused to implement integration in the schools when SCOTUS ruled it unconstitutional?

Chuck

SCOTUS doesn’t have the authority to activate the Guard. Only POTUS can do that, and under McSniffy Schitz-His-Pants, that ain’t happening, because he agrees with Hochul. Biden won’t withhold Federal Funds from NY either.

The reality is New Yorkers are f**ked, because the current Department of Just Us won’t sue Hochul. They’ll let her get away with her Tyranny.
Until she’s voted our of Office, they’re stuck with her BS.

Boom

She does look like she’s sucked a few in her day …..she definitely knows it’s not square…

It looks to me, that she probably has an equal amount of experience with licking, as well… She’s seen a few V’s in her day…, too.

Ronnie

New York CITIZENS ! STAND AND BE HEARD! DO SOMETHING TO REMOVE THESE TYRANTS WITHIN “YOUR STATE” THESE POLITICIANS DO NOT “OWN YOUR STATE!” YOU ARE THE RIGHTFUL RESIDENTS OF THE STATE! READ YOUR “DECLARATION OF INDEPENDENCE”!!!!

Boom

They’re not going to do that.

CourageousLion

When the militias were in force and effect, they had the power to convene citizen grand juries and indict people for violations of their rights, which was one main reason they did away with them because I suspect those in power realized they might be brought up on charges by we the people for the Federal Reserve act of which the world is suffering from as I type this. I present the following article about the Militias and why we need them back. I’d like for folks on here to read it, comment on it, share it and join Substack.… Read more »

Tank

Deprivation of rights under color & authority of law.
Clown show

Henry Bowman

There is no authority in an unconstitutional law or an illegal order.

resist-tyranny.png
Wild Bill

We just love those memes!

Henry Bowman

…Worth more than 1000 words!

phillyd

This is a situation that demands intervention and indictment by the Dept. of Justice. For a governor and state legislature to blatantly ignore the decision requires severe consequences.

HLB

Don’t forget the Battle of Athens Tennessee in 1946. If the Department of Justice will not act, then the citizens can do so.

HLB

Norm

Biden’s DOJ?
Good luck!

Chuck

Intervention from the Biden Regime’s Department of Just Us ain’t happening. They’re too busy adding real classified documents to the declassifief papers they illegaly seized from former President Trump’s home.

Tionico

That still won’t work, as DJT has declared that HE has personally declassified everything that was in his home or on that property. They can add all they want to the pile, but unless they admit they have done so (tampering with evidence, a serious naughty naughty mustn’t do) then anything they add will be deemed “has been declassified” just because DJT says so, and he HAS that authority.

Xaun Loc

Anyone who expected NY to care about the constitution has never watched the state government in action. Decades ago, I lived in New York. I recall the first time the state legislature was considering a Stop And Frisk law that would authorize police to stop anyone anytime anywhere to identify and search them – without requiring any sort of probable cause. One legislator from upstate pointed out that the proposed law would be unconstitutional. The response from the bill’s sponsor was something like “Of course it’s unconstitutional, but think of all the good it will do before the courts get… Read more »

HLB

Yes, this is how they operate.

HLB

Desert Guy

NY is only following the Constitution. There are no penalties in it for failure to comply with a SCOTUS decision.

Larry

There are never any penalties in any law that “protects you from the government.” Haven’t you noticed that? Isn’t that a coincidence?

For example, look up the Privacy Act of 1974. It “gives” YOU the right to sue a government violator with your own money. Weird, isn’t it?

Yet any law YOU can violate, you bet there will be a penalty.

swmft

title 18 has penalties but is never enforced as intended because a government agent would have to enforce it against another government agent

HLB

I could have enforced Title 18, Section 930, Subsection D, Paragraph 3 against the government agents that refused to acknowledge that it existed – but I was not ready then. I may be ready now. Enforcing it would simply mean to not comply and defend your self against any assault.

HLB

Boom

No heros willing to take this on I see… The evil permeating from every picture of her is overwhelming….

It’s not just the dims…it’s the females…they’re effing everything up. This beeotch isn’t even the same person every day…but some one thinks she can make sound, logical decisions…

“Women” don’t belong in ‘positions of power’… it really doesn’t take a rocket surgeon to see that… But I guess this ceuntz’ pregnant and barefoot in the kitchen days are long over.. Haha… I don’t think I’d ever want this nasty ceunt in my kitchen…

Nevertheless…

I’m depressed.

Last edited 12 days ago by Boom
Wild Bill

This is not your usual excellent analysis. You must be depressed. I prescribe some steel ringing time or paper punching time.

Wild Bill

Here, watch this video and you will no longer be depressed:

https://youtu.be/MIQKlHSD89E 

CourageousLion

That’s too much! Who would have thought?

Wild Bill

Isn’t that a terrific reward for being good hearted?!

Oldman

Worked for me…LOL

Wild Bill

Only in America.

Boom

Thanks

Deg4u

That is a spirit lifter alright. I loved it, puts a little spirit back inside you. Good find.

Wild Bill

I’m thinking that there is a lesson in that for all of us!

Last edited 12 days ago by Wild Bill
hippybiker

The is a witch is just another Cant Understand Normal Thinker!

Jonesy

Hochul is using the Stalin Offense/
Defense but forgets that this is not the USSR

Tionico

I got excited when I read the word “recall”, thinking you meant it in the sense of RECALLING the governess for her blatant trashing of the US< NYS, Constitutions, and her oath of office which she swore prior to taking the position.

She NEEDS to be recalled, and charged with felony treason for her unlwfully swearing the oath of office then ignoring it.

CourageousLion

The bitch needs to be tried under Title 18. PERIOD. Put her in a cage or if she resists, a box.

Boom

I guess I sort of hope I get the job at the LSU AG Center… I think that’s the job I want the most… Of course, the DOTD job would be ok too…so long as I got the grade I wanted… The pay for that other job, the sales manager job; is just too good to be true .. I still wish Louisiana Cat would have called me back… that’s the one I wanted out of all of them Regardless, I’m determined to re-enter society…even if it is filled with stupid ass civilians… I know some of them ok… I… Read more »

Wild Bill

Wishing you good luck!

KK

Yup . . . and the “fix” was in . . . NO INJUNCTION!
Now all I can do is wonder if it will take TEN YEARS to get this unconstitutional law outta here.
. . . been waiting over NINE YEARS for the unconstitutional NY SAFE Act to be struck down . . . STILL WAITING!

JPM

I couldn’t care less about New York, state or city.

Larry

“In other words, “I, Kathy Hochul, will comply with the Bruen rulings by not complying with them.” Huh!”

Hey, I’m sure Merrick will get right on this.