[Lnc-business] Fwd: Fwd: State Senate Democrats Plan More Civil Rights Violations for WNY Gun Owners in 2019

Sat Feb 2 12:23:27 EST 2019

-------- Forwarded Message --------
Subject: 	Fwd: State Senate Democrats Plan More Civil Rights Violations 
for WNY Gun Owners in 2019
Date: 	Sat, 1 Dec 2018 11:12:00 -0500
From: 	James Lark <james.lark at lp.org>
To: 	oliverbhall at gmail.com >> Oliver Hall <oliverbhall at gmail.com>
CC: 	james.lark at lp.org

-------- Forwarded Message --------
Subject: 	State Senate Democrats Plan More Civil Rights Violations for 
WNY Gun Owners in 2019
Date: 	Mon, 26 Nov 2018 21:20:18 +0000
From: 	Steve Felano <sfelano at 2awny.com>

*

*
*FOR IMMEDIATE RELEASE | 11/26/18*
*Contact: Steve Felano*
*sfelano at 2AWNY.com | (518) 852-1863*

*State Senate Democrats Plan More Civil Rights Violations for WNY Gun 
Owners in 2019*
*/Bill requiring social media review for pistol permit applicants 
violates First, Second, and 14th Amendments/*

*November 26, 2018 – BUFFALO, N.Y. –* New legislation submitted in the 
New York State Senate, *Bill S9191* 
<https://legislation.nysenate.gov/pdf/bills/2017/s9191>, would require 
social media content checks before a state resident could receive or 
renew their pistol permit.

The bill says state licensing officials would investigate posts or 
searches related to profane slurs, or biased language used to describe 
race, color, gender, and religion – as well as threatening posts or 
writing about an act of terrorism. If officials found such items, the 
pistol permit request or renewal would be denied.

Specifically, senate Bill S9191 requires the following:

  * Social media and search engine reviews prior to the approval of an
    application or renewal of a license to carry or possess a pistol or
    revolver.
  * Applicant’s consent to having his or her social media accounts and
    search engine history reviewed and investigated for certain posts
    and/or searches over a period of one to three years prior to the
    approval of such application or renewal.

“It’s clear that New York Democrats plan to use their newfound senate 
majority as a blunt instrument to continue this state’s policy of 
wantonly clubbing New Yorkers’ Second Amendment civil rights,” Attorney 
James Ostrowski said. “Following the path well-worn by autocrat Andrew 
Cuomo, Brooklyn Democrat *Kevin Parker* 
<https://www.nysenate.gov/senators/kevin-s-parker> means to disregard 
and defy the First, Second, and 14th Amendments to the U.S. Constitution 
in advancing this bill. This unenforceable legislation will not go 
unchallenged, and 2019 will be the year in which New Yorkers’ Second 
Amendment rights are decisively restored.”

Similar to Cuomo’s unconstitutional SAFE Act, Parker’s bill is likewise 
unconstitutional on its face for the following reasons:

  * Creates a chilling effect on the type of unpopular, controversial
    speech that is solidly protected by the First Amendment.
  * Illegally profiles and penalizes New Yorkers based on how they
    exercise their constitutionally-protected right to free speech.
  * Falsely reconstructs constitutionally-protected free speech as an
    artificial pretext to hold hostage New Yorkers’ Second Amendment
    civil rights.
  * Fails to present an objective and specific definition of social
    media content deemed “concerning,” and thus worthy of triggering an
    unconstitutional denial of a new pistol permit, or permit renewal.
  * Neglects to clarify if each individual judge or county sheriff could
    determine what social media content they believe is “concerning or not.”
  * Is based on language and construction that are void for vagueness.
  * Sets the stage for significant due process violations for thousands
    of New Yorkers.
  * Lacks equal protection under the law for state residents.

Senate Bill S9191 is so flawed, it is drawing fire from Parker’s fellow 
state Democrats. This includes Assemblywoman-Elect Jamie Romeo of the 
136th district. She notes key items in the bill, like timing and overall 
enforcement, are not specifically clear and, with no companion 
legislation in the Assembly, it has little chance of passing.

In addition to his opposition of Senate Bill S9191, Attorney James 
Ostrowski is rapidly progressing two major legal challenges to New York 
State’s unconstitutional gun laws. These challenges include:

  * /*The People of the State of New York v. Benjamin Wassell*
    <https://www.scribd.com/document/387546565/Brief-on-Appeal-for-Ben-Wassell?secret_password=lelfrnVuJ27k4ZwGWb1k&fbclid=IwAR3pKVMqe1vES40q6z1C73BNHFMzpIemtGSyAb7KLWAso6oW7tCnAiXs1XA>/ –
    This case, expected to be argued in New York State Supreme Court in
    January 2019, seeks to reverse a SAFE Act conviction erroneously
    applied to a Western New York resident.
  * /*Libertarian Party of Erie County v. Cuomo
    <https://www.leagle.com/decision/infdco20180111d81>*/ – This case,
    expected to be argued before the U.S. Court of Appeals in February
    2019 (one step away from U.S. Supreme Court review), seeks to
    nullify New York State’s pistol permit requirement.

To speak with James Ostrowski, Esq. about the unconstitutional nature of 
Senate Bill S9191, and/or the key court challenges against New York 
State gun laws he’ll be leading in early 2019, please contact Steve 
Felano at *(518) 852-1863 or sfelano at 2AWNY.com*.

– 30 –

James Ostrowski, Esq. is a trial and appellate lawyer and libertarian 
writer from Buffalo, N.Y. He served as vice-chairman of the law reform 
committee of the New York County Lawyers Association (1986-88) and wrote 
two widely quoted reports critical of the law enforcement approach to 
the drug problem. Ostrowski has written several bar association reports 
and given continuing legal education lectures on habeas corpus, lawsuits 
against government officials and jury nullification. His policy studies 
have been published by the Hoover Institution, the Ludwig von Mises 
Institute and the Cato Institute. Ostrowski is the author of *Direct 
Citizen Action 
<https://www.amazon.com/Direct-Citizen-Action-American-Revolution/dp/0974925349>* (2010), 
*Government Schools Are Bad for Your Kids 
<https://www.amazon.com/Government-Schools-Are-Your-Kids/dp/0974925322/ref=pd_bxgy_14_img_2?_encoding=UTF8&pd_rd_i=0974925322&pd_rd_r=b24cce98-ec10-11e8-93f7-555294ed87de&pd_rd_w=ed537&pd_rd_wg=M5DrG&pf_rd_i=desktop-dp-sims&pf_rd_m=ATVPDKIKX0DER&pf_rd_p=6725dbd6-9917-451d-beba-16af7874e407&pf_rd_r=0ZRNE4EJZK0BV92H30TA&pf_rd_s=desktop-dp-sims&pf_rd_t=40701&psc=1&refRID=0ZRNE4EJZK0BV92H30TA>* (2009), 
*Political Class Dismissed 
<https://www.amazon.com/Political-Class-Dismissed-Politics-Including-ebook/dp/B0031QP87K/ref=sr_1_1?s=books&ie=UTF8&qid=1542641806&sr=1-1&keywords=political+class+dismissed+james+ostrowski>* (2004), 
and other works.

*Steve Felano | sfelano at 2AWNY.com | 518.852.1863*
*
***
*
*