Governor Kathy Hochul announces executive orders, legislation to strengthen gun control laws, combat domestic terrorism (May 18, 2022)

Governor Kathy Hochul said she is bringing state lawmakers back on Thursday, June 30 to consider gun safety legislation in response to the Supreme Court striking down key portions of the state’s licensing law.

The court on Thursday, June 23 overturned the state law that required that people applying for a concealed carry permit demonstrate a specific need to have a gun in public. The court’s conservative majority said that violated the Second Amendment, which they interpreted as protecting people’s right to carry a gun for self-defense outside the home.

Hochul called the decision “reckless and reprehensible” as she announced she will convene a special session.

New York officials are considering restrictions on concealed carry in “sensitive locations,” such as government buildings and bars. They’re also looking at implementing specific training for permit applicants, among other options.

Kathy Hochul makes statement on Supreme Court ruling (June 23, 2022)

The U.S. Supreme Court ruled Thursday that the Constitution provides a right to carry a gun outside the home, issuing a major decision on the meaning of the Second Amendment.

The 6-3 ruling was the court’s second important decision on the right to “keep and bear arms.” In a landmark 2008 decision, the court said for the first time that the amendment safeguards a person’s right to possess firearms, although the decision was limited to keeping guns at home for self-defense.

The court has now taken that ruling to the next step after years of ducking the issue and applied the Second Amendment beyond the limits of homeowners’ property.

The case involved a New York law that required showing a special need to get a permit to carry a concealed handgun in public. The state bans carrying handguns openly, but it allows residents to apply for licenses to carry them concealed.

The law at issue said, however, that permits could be granted only to applicants who demonstrated some special need — a requirement that went beyond a general desire for self-protection.

Gun owners in the state sued, contending that the requirement made it virtually impossible for ordinary citizens to get the necessary license. They argued that the law turned the Second Amendment into a limited privilege, not a constitutional right.

The court agreed with the challengers and struck down the heightened requirement.

The ruling could affect the ability of state and local governments to impose a wide variety of firearms regulations. All states allow carrying concealed guns in public, although many require state-issued permits.

Governor Kathy Hochul called the U.S. Supreme Court ruling not just “reckless, it’s reprehensible,” “It’s not what New Yorkers want. We should have the right of determination of what we want to do in terms of our gun laws in our state. If the federal government will not have sweeping laws to protect us, then our states and our governors have a moral responsibility to do what we can and have laws that protect our citizens because of what is going on – the insanity of the gun culture that has now possessed everyone all the way up to even to the Supreme Court.”

Hochul said she’s prepared to call the State Legislature back to deal with the issue. A special session of legislature would likely be scheduled for after next week’s primary to see if law can be re-drafted to comply.

Hochul made her comments during a press event for the signing of Alyssa’s Law, which requires that schools consider the usefulness of silent panic alarm systems when developing their district-level school safety plans. And it expressly authorizes their inclusion within building level safety plans. The panic alarm systems can be implemented in the classroom as a smartphone app.

She also convened a meeting Thursday with New York’s six largest cities to discuss the impact of the decision and the policy options being considered

State Senator George Borrello issued a statement calling the ruling a victory for gun-owners in the state, saying, “If the governor and legislative majorities were genuinely concerned about public safety, they would target their efforts on the criminals engaging in gun violence and other crimes by repealing their disastrous bail ‘reform’ law.”

JAMESTOWN – The Jamestown City Council is under scrutiny from some members of the community for allegedly failing to attend a series of recent protests and rallies focusing on the Black Lives Matter movement. In addition, one specific council member is also being criticized by a local resident and candidate for public office for a post he made on social media this past weekend.

During the public comment portion of Monday night’s remote council work session – which was streamed online – the city clerk read a series of comments sent via email from several Jamestown residents, including Democratic candidate for the 150th State Assembly seat, Christina Cardinale.

A meme that was shared by Jamestown City Councilman Jeffery Russell on June 6, 2020 and which was scrutinized by a city resident and State Assembly candidate Christina Cardinale

Cardinale was critical of councilman and retired police officer Jeff Russell (R-At Large) for a pro-gun post on his personal Facebook page that was purported to be from Saturday, June 6. The post appears to be shared from the New York State Firearms Association and was intended for Russell’s Facebook friends only, but still managed to find its way to the public sphere.

“On 6/6 councilman Jeff Russell posted the following message on social media. Quote – The answer to the question, ‘Why do you need an AR-15 and a 30-round magazine?’ is on every news channel today – end quote,” Cardinale’s stated in her email, then directed a specific question to Russell. “Councilman Russell, can you please clarify your comment in full detail? When I turn on any news channel I see the black community demanding the end to systemic racism and I am now under the impression a retired Jamestown Police officer supports firing a semi-automatic rifle at Black Lives Matters protesters.”

Russell addressed the comment and defended his post, saying his post was actually a meme that he shared and was in now way calling for violence against any person or group of people. Russell added that he shared it after the death of a retired police captain in St. Louis during the weekend riots in that city.

“This featured a comment about owning an AR-15 and was in support of the Second Amendment, guaranteeing our right to bear arms – my right to defend my home  and my family and my fellow citizens’ right to do the same,” Russell said. “You are now attempting to create a controversy where controversy doesn’t exist.”

Russell was also critical of Cardinale for trying to score political points as part of her political campaign.

“It’s no secret we find ourselves in a tremendously difficult time in this country. But your efforts to score political points by cherry-picking a singular Facebook post, which never referenced violence against the black community or peaceful protesters, is the absolute worst political stunt of its kind. It’s reprehensible, in fact,” Russell said.

In her correspondence, Cardinale also asked the full city council if it had any thoughts about Russell’s post and if the council has a policy regarding social media.

Jeffery Russell

Council president Tony Dolce (R-Ward 2) said that he can vouch for Russell’s character through his 20+ years on the Jamestown Police Department, as well as with his various interactions with all students and staff at Jamestown High School where Dolce teaches.

Dolce also said there is no policy regarding how an elected member of the city council conducts themselves on social media.

“As far as social media conduct, we are elected officials. We are adults. We all make choices in terms of what we want to post [on social media]. There are no rules, laws, or regulations regarding what we can and cant’ do. We all have First Amendment rights,” Dolce said.

Russell wasn’t the only person on the council criticized during the public comment portion of the work session.  Another city resident – Autumn Echo Swanson – chastised the council for not showing support during two recent rallies in Jamestown, organized by the Jamestown Justice Coalition.

“Both rallies have seen poor attendance and support from city officials. I would like to know why the city council has chosen not to support the Jamestown Justice Coalition when a large number of the constituents of the council – including those deeply and personally affected by the mission – are in support of the efforts being made by the coalition,” Swanson wrote.

It’s worth noting that both Dolce and councilman Tom Nelson (D-Ward 6) attended the rally on Sunday, May 31 – along with Mayor Eddie Sundquist and Police chief Harry Snellings.

Council woman Vickye James (D-Ward 3) also took umbrage with the remark, pointing to her long-standing involvement and leadership in the city’s black community.

“As a black mother, a black woman, a black daughter, I always have had this issue come to my face every day. It matters to me. The people in my community matter to me, and because I don’t make one event does not make me not care about being black. That’s ridiculous,” James said.

The council’s other African American member, Tamu Graham-Reinhardt, also addressed the issue – asking those who are critical of the council members to “sit back and take a breath.”

Swanson also raised concern about a lack of leadership and guidance from the council when it comes to working toward improving conditions in the African American community.

“The issue at hand – an issue for which Jamestown is now immune – concerns the poor training, systemic laws and over funding that have led to rampant police brutality across this country,” Swanson wrote. “On a local level we see multiple accounts of socioeconomic instability among our minority communities, ranging from underfunded neighborhood development; disregard for the issue of food insecurity; lack of minority representation and decision making; and a lack of support, education and funding of minority-owned businesses in Jamestown. My question for the Jamestown City Council is this: Where are you?”

Dolce explained that he has already had a conversation about those concerns with the mayor and the city would be working to address them more thoroughly in the near future.

Also during the correspondences last night, city resident Rev. Chloe Smith again urged the city to work toward bringing more diversity into the ranks, something that city officials have acknowledged needs to happen, but also said that it is difficult with a very limited pool of qualified candidates to draw from.

Rep. Tom Reed (R-Corning)

WASHINGTON – Democrats in Congress say they want to see federal action in response to the recent shooting deaths in El Paso, Texas and Dayton, Ohio that resulted in more than 30 people being killed and dozens more being injured. Although lawmakers are currently on summer break, a group of Democrats in the House Judiciary committee want to return to Washington early in order to consider new “red flag” legislation that would help states keep guns away from people deemed a threat to themselves or others, and ban both assault rifles and high-capacity magazines.

But getting Republicans on board with the second part of that effort may be a tough sell. Many GOP lawmakers have aligned themselves as strong advocates and defenders of the Second Amendment, which means they are unwilling to take action on any legislation that would further limit a citizen’s ability to own various types of firearms, including the AR-15, which has frequently turned up as the gun of choice for several high-profile mass shooting incidents in recent years.

Chautauqua County’s representative in Washington is one of those Republican lawmakers taking a stand against gun regulation. During his Aug. 14 conference call with regional media, Rep. Tom Reed (R-Corning, NY 23) again reiterated his support for the Second Amendment, saying he is unwilling to vote in favor of any measure that would impact the rights of law-abiding gun owners.

“I’m a firm believer in our second amendment rights. I want to make it clear – I recognize that our second amendment is a constitutionally guaranteed, fundamental freedom. That commitment is something I hold dear and something I take into consideration when we have this conversation about getting to gun violence in our society,” Reed said.

Since joining Congress in 2010, Reed has not wavered in voicing his opposition over the banning of semi-automatic weapons like the AR-15. But the recent incident in Dayton, Ohio not only put the focus back on assault weapons, but also the high-capacity magazine that was used by the shooter, which held over 100 bullets, allowing him to fire over 40 rounds at a crowd of people in just 30 seconds. Some lawmakers are now saying congress should at least work to make large-capacity magazines like the one used in Dayton illegal. However, Reed said that’s also something he would not support.

“I think those are solutions focused on the ‘what’… on the object. I understand those are the easier solutions to try and advocate for as an elected official because those objects don’t talk back. But at the end of the day, these types of restrictions that are being proposed on assault weapons, magazines, and other item for me infringe upon our second amendment rights. The focus should be where can we find the common ground to deal with this issue,” Reed explained.

Like others in the GOP, Reed’s solution to preventing more mass shootings in the future is to go after those who could possibly do harm, rather than the weapons they choose to use. That involves legislation that makes it easier to identify individuals with mental health issues who could pose a threat and then restricting their access to guns.

“I’m open to exploring and willing to have the conversation in regards to how can we address this issue of gun violence by getting to those that are behind the weapon, behind the gun, and making sure that there are checks in place to make sure they don’t have access to a second amendment right because they lost that by either being convicted or through a due process review showing them to be a psychopathic, violent type of individual who should not have access to a weapon,” Reed said.

President Donald Trump has also responded to the El Paso and Dayton mass shootings by insisting that “mental illness pulls the trigger, not the gun.” But shortly after taking office he quietly rolled back an Obama-era regulation that would have made it harder for people with mental illness to buy guns.

The State Capitol, Albany NY.

ALBANY – Senate Republicans in Albany blocked an effort by Democrats Wednesday to force a vote on four gun control bills.

The legislation was introduced as a response to renewed calls for gun restrictions in the wake of the mass shooting at a public high school in Parkland, Florida on Feb. 14.

The bills from Democratic senators would have strengthened the state’s background check system and set aside state funding for research into firearm violence. Others would have banned bump stocks and created a new court order of protection to bar people considered to be a danger to themselves or others from possessing or buying guns.

Democrats used a procedural move to try to bring the measures to the floor for a vote but were overruled by the Senate’s GOP majority, who said the party is already working on its own legislative proposals that focus on school security and stronger restrictions on access to firearms by those with mental illness.

The state hasn’t passed any new gun legislation since Gov. Andrew Cuomo pushed through several restrictions on firearms five years ago via the SAFE Act in the wake of the Newtown, Connecticut, school shooting.

Last week Cuomo announced a new partnership with New Jersey, Connecticut, Rhode Island, Massachusetts, Maryland and Puerto Rico to share more information about illegal firearms.

On Wednesday he criticized federal officials for considering changes to gun laws that are “incremental at best.”

NY Governor Andrew Cuomo

ALBANY – The governors of Connecticut, New York, New Jersey and Rhode Island are forming a coalition of like-minded states on gun control, hoping to make progress where they see the federal government has faltered.

The four Democrats, who include Gov. Andrew Cuomo, announced the formation of “States for Gun Safety” on Thursday, about a week after the mass shooting at a Florida high school.

The group is creating a cross-state task force that will trace and intercept illegal guns, step up intelligence and information sharing among the participating states and create a regional gun violence research consortium.

Connecticut Governor Dan Malloy, New Jersey Governor Phil Murphy and Rhode Island Governor Gina Raimondo joined Cuomo in the announcement.

They’ll be urging others to join the coalition at this weekend’s National Governors Association meeting.

Rep. Tom Reed (R-Corning)

WASHINGTON – Rep. Tom Reed (R-Corning, NY 23) is holding firm to his belief that the federal government should not ban the AR-15 or any other assault-style rifle.

Reed, who represents Chautauqua County in the House and who’s received an “A+” rating from the National Rifle Association, said he is in full support of Second Amendment rights.

During a conference call with regional media on Tuesday, Reed again said that lawmakers need to focus on public policy that addresses mental illness and other causes of gun violence, rather than just  outlaw or restrict gun access to law abiding citizens.

“In some of the most heinous crimes the consistent theme is people with mental disease. That’s the commonality in those situations. Obviously they’re horrific and they need to be dealt with and that is why that needs to be a priority,” Reed said. “But if you look at the other perpetrators, a lot of the gun violence is perpetrated by criminals, by repeat offenders, by people that are involving weapons in drug activity. So that is why this is a bigger issue that just one item of banning X-weapon and infringing on the second amendment rights of everyone else. This is about trying to really move the needle and solving the problem of what is causing this gun violence in the first place.”

The Corning Republican also didn’t shy away when asked about campaign contributions he receives from the NRA and other groups that want to fight gun legislation.

“We do have support from folks who stand with us on the Second Amendment. So that doesn’t surprise me that those types of donations would be some how identified in regards to the NRA support – things that we have received over the years,” Reed said. “The bottom line is, my position on the Second Amendment is the position I have had and I will continue to hold. I think because of that position, that gathers support in terms of people that will stand with us in regards to campaign contributions and elsewhere.”

According to a report from WGRZ, Reed of Corning has collected $10,950 from the NRA since first being elected in 2010.

Reed’s comments came nearly a week after a former student at a Broward County, Florida high school shot and killed 17 people, using an AR-15 rifle. The rifle is also the model that was used in the Las Vegas shooting on Oct. 1, 2017 that left 58 people dead and 851 injured.

Gov. Andrew Cuomo during his 2017 State of the State speech in Buffalo on Jan. 9, 2017. (image from New York Governor’s Office)

ALBANY – Governor Andrew Cuomo is urging U.S. lawmakers to follow New York State’s lead and pass legislation similar to the New York SAFE Act.

Cuomo released a statement Thursday, one day after another high school mass shooting incident in Florida that claimed the lives of 17 people.

In his statement, the governor said that in the aftermath of the tragedy at Sandy Hook in 2012, the state passed a bipartisan measure that provided toughest gun safety legislation in the nation. He said that the SAFE Act not only banned weapons like the AR-15, but also prevents people who are a risk to themselves or to others from purchasing a gun.

“The SAFE Act has made our communities more secure, including by banning assault weapons like AR-15s and preventing people who are a risk to themselves or to others from purchasing a gun. As of December 2017, 75,000 people deemed to be dangerously mentally ill by a licensed mental health professional have been added to a database to keep guns out of the wrong hands,” Cuomo said.

Despite the governor claiming the SAFE Act to be bipartisan, it has not been without controversy or criticism. The legislation was challenged by gun rights groups in the state who claimed it violated New Yorkers’ Second Amendment Rights.

In October 2015 a Federal Appeals Court upheld the majority of the legislation, though it did rule that New York’s requirement that only seven bullets can be loaded into a 10-round magazine was unconstitutional. In 2016, the U.S. Supreme Court refused to hear the appeal request to the 2015 decision.

Authorities in Florida say the school shooting suspect, Nikolas Cruz, legally purchased the AR-15 rifle used in the attack.

Federal law allows people 18 and older to legally purchase long guns – including the AR-15 rifle – unless a state law prohibits its possession, such as the NY SAFE Act.  And with no criminal record, Cruz cleared an instant background check via the FBI criminal database.

DATA SUGGESTS STRICTER GUN LAWS DO RESULT IN FEWER GUN DEATHS

While Guns Rights advocates have criticized New York for having some of the strictest gun laws in the nation, data compiled by the Violence Policy Center illustrates that there could be a correlation between state’s with strict gun laws and lower gun death rates.

Among the 50 states in the nation, the five states with the fewest gun deaths per capita, as of 2016, were:

• Massachusetts (3.55 per 100,000);
• New York (4.56);
• Hawaii (4.62);
• Rhode Island (4.64);
• and Connecticut (4.81).

Three of those five states (Connecticut, Massachusetts, and New York) are rated among those with the strictest gun regulations in the nation. According to a June 2017 report by the Washington Post, those three states each have laws on the books related to assault weapons ban (including the AR-15), high-capacity magazine ban, prohibitions for high-risk individuals, prohibitions for individuals with domestic violence convictions, and mandatory universal background checks.

Hawaii also has laws on the books related to prohibitions for high-risk individuals, prohibitions for individuals with domestic violence convictions, and mandatory universal background checks.

Rhode Island has laws in place related to prohibitions for high-risk individuals and mandatory universal background checks.

It’s also worth noting New York State was one of only five states to see a notable decrease in its gun death rate in the eight year period covering 2009 to 2016, with a drop of 6.9 percent. The SAFE Act was also approved and put in place during that time period. Only Rhode Island was higher with a drop of 12.8 percent. The other tree states that saw a decrease were California, Connecticut, and Wyoming.

Among the 50 states in the nation, the five states with the highest number of gun deaths per capita, as of 2016, were:

• Alaska (23.86);
• Alabama (21.51);
• Louisiana (21.08);
• Mississippi (19.64);
• and Oklahoma (19.52).

None of the states ranked in the top 5 gun deaths list had laws in place regarding an assault weapons ban (including the AR-15), high-capacity magazine ban, or mandatory universal background checks. Louisiana also didn’t have a law in place regarding prohibitions for high-risk individuals. And neither Alaska, Mississippi, or Oklahoma had laws involving prohibitions for individuals with domestic violence convictions.

In addition to his comments on Thursday, Cuomo also directed that flags on all state government buildings be flown at half-staff until sunset on Monday, February 19, in conjunction with a federal proclamation, to honor the victims of the Florida school shooting.

Rep. Tom Reed (R-Corning)

WASHINGTON – Congressman Tom Reed (R-Corning, NY 23) addressed the Las Vegas mass shooting when he held his weekly conference call with regional media on Tuesday.

LISTEN TO FULL CONFERENCE CALL

The Sunday night rampage by Stephen Craig Paddock killed at least 59 people and injured 527, some from gunfire and some from a chaotic escape.

Reed, who represents Chautauqua County in Washington, said any legislation that comes forward as a result of the incident should focus on mental health and preventing terrorism, not restricting Second Amendment rights.

“If this gentleman had a mental health illness or was on the radar because of extremism because of domestic or foreign terrorism, we have to look at that situation because I think there are areas that we can agree upon to address that,” Reed said. “But to fundamentally attack our individual Constitutionally guaranteed freedoms of the second amendment is something that I have not been supportive of in the past, nor do I believe targeting law abiding citizens is something that we should do as a result of a situation even as horrific as this.”

Congressman Reed also said that when incidents like this take place, the media should focus on the issue of mental health, rather than just gun control.

“Get into the issue of mental health and how we treat it in America. Get into the stigma and where it comes from, when we live in a state of denial to a large degree on the issue of mental health. Get into the reforms that are necessary to deliver medical care to those that are suffering from mental illness,” Reed said. “These are all short comings in the system that, if the media would help us highlight, and then highlight solutions and applaud efforts like Dr. Murphy’s effort to enact mental health legislation at the federal level that has now made this a higher priority than it has ever been in our history, I think that would do a lot into moving this issue into a realm of solutions, rather than to have the more political issues that we have seen.”

Reed is referring to Congressman Tim Murphy’s (R-Pennsylvania) legislation entitled “Helping Families in Mental Health Crisis Act”- which was passed in 2016 and designed to provide additional funding and resources to assist those with mental health issues across the country.

However, critics of the bill have said it limits privacy for people with mental health problems, while also shifting the focus in the gun violence debate to mental health, although research indicates that people with psychiatric diagnoses are responsible for only 3-5 percent of gun violence.

Critics of Congressman Murphy’s bill as a solution to reducing gun violence and mass shootings say lawmakers in Washington should instead focus on stronger predictors of gun violence – which include access to guns, substance use, poverty, and a history of violence.

However, when it comes to addressing the issue of access to guns, including limiting the number an individual may own at any given time, he feels that is a violation of a constitutional right guaranteed by the Second Amendment.

“So when you talk about taking away or freedom, I am very sensitive to that attack. What I want to talk about is protecting our freedom, but at the same time, where can we move the needle in a bigger and better way to try and prevent these types of incidents from happening,” Reed said.

Congressman Reed has received a total of $11,950 in campaign funding since taking office. He’s also received a “A” perfect rating from the organization. Despite this, Congressman Reed said he is not beholden to the group.

On Tuesday Rep. Tom Reed (R-Corning, NY 23) announced that he would be supporting a proposal by fellow WNY congressman Chris Collins (R-Clarence, NY 27), which would limit a state’s authority to regulate rifles and shotguns.

Reed said that instead of New York limiting second amendment rights for its residents, it should instead focus on other ways to respond to gun violence.

“There’s a lot of common ground when it comes to taking on the areas of gun violence, when it comes to mental health and criminal activity. If we focus on those two areas, I think that is the right approach in order to deal with gun violence across America – addressing mental health issues as well as criminal activity that is often behind the gun violence statistics that you read about,” Reed said.

Reed made his comments during his weekly conference call with regional reporters.

In 2015 a federal court had ruled that New York’s SAFE Act was constitutional. WRFA asked Reed why he thought it was important for Congress to interfere with the state’s ability to craft its own gun legislation.

Congressman Reed speaking to the crowd in North Harmony on Feb. 18, 2017.

“I am a strong believer in local government and state government, but when it comes to our individual, guaranteed, fundamental rights under the constitution, I believe it’s appropriate for the federal government – and we’ve done it on other areas of the law – to make sure that those constitutional rights are protected even further than just a judicial review,” Reed said. “That’s where the statutory prerogative that this legislation represents, to me, is taking a prudent course to make sure that the Second Amendment fundamental right is protected at the state level.”

Collins’ legislation would prevent any state from implementing any regulations on weapons that are more restrictive than what’s required by federal law.

The SAFE Act was approved by the New York State Legislature and signed by Gov. Andrew Cuomo after the Sandy Hook tragedy in 2013. Among other things, it requires universal background checks, broadens the classification of an “assault rifle” to include semi-automatic firearms, and limits the amount of ammunition that can be held in a gun magazine.

Collins bill has been sent to committee for consideration.

According to a recent report from Politifact, gun violence in New York State has declined since the passage of the SAFE Act. However, it’s hard to determine if there was a direct correlation between the two or if other factors were also at play.

In 2016, there were 10,007 violent crimes with a firearm reported to police. In 2013, there were 12,235. The percentage of violent crimes with a firearm also fell from 16 percent in 2013 to 13.5 percent in 2016.

Looked at another way, the number of firearm-related violent crimes per New York state resident also has declined. There were 62 firearm-related violent crimes reported for every 100,000 residents in 2013, compared with 50 for every 100,000 residents by 2016.

The number was already going down outside New York City before the SAFE Act in 2013. There were 5,340 violent firearm crimes reported to police outside New York City in 2008 — the most in the last decade. The count has only increased twice since, in 2012 and 2016.