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

[Elizabeth Van Horn]

James Lark, thank you!  Great links to important cases.

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Elizabeth Van Horn


On 2019-02-02 12:23, James Lark via Lnc-business wrote:
> -------- 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*
> *
> ***
> *
> *