Monday, May 15, 2017
IS JUSTICE REALLY BLIND?
THE RIGHT SIDE
Budd Schroeder is a former NRA Director for NY and Chairman of the Board to SCOPE; Shooters Committee on Political Education. Budd & I served on the SCOPE BOD at during the same time period. bpb
BY BUDD SCHROEDER
MAY 17, 2017
IS JUSTICE REALLY BLIND?
This column has been writing about the injustices of the NY SAFE Act since it was enacted literately in the middle of the night with no chance for input from citizens or even giving the legislators time to read and intelligently debate it. Governor Cuomo passed it with a message of necessity in order to ram it into law before anyone outside of the legislature could voice any objections. It had the effect of affecting the honest gun owner and having little effect on the criminal misuse of firearms.
The message of necessity was a joke. Most of the effects of the law were delayed including the recertification of pistol permits which was was held off until this year. The dumb part about requiring a background check to buy ammunition was found to be impractical and the state had no way of doing that since it could not be part of the NICS check. Another incidence of the stupidity of the supporters of the law.
People have been having pistol permits suspended by false reports from hospitals and medical personnel regarding mental health. Some have been reported as involuntary admissions to a hospital or medical facility when they came to the hospital voluntarily. Yet, because of the mistake and a report to the Office of Mental Health , they were reported to the State Police and their pistol permits were suspended and all guns were confiscated.
There was no due process before a qualified judge, There was no evaluation by a psychiatrist or psychologist. The case of Montgomery v. Cuomo is still languishing in the courts because the state keeps stalling on getting it settled. Whatever became of swift and sure justice? It is being ignored by those being penalized by the SAFE Act.
The Act requires a universal background check for any transfer or sale of a gun to anyone outside of immediate family. This prevents the Amish from acquiring a gun because of the need to produce a photo ID in order to get a NICS check. When a religion prevents photographs of its members, should that be a valid reason to prevent then from enjoying a constitutional right? The supporters of the SAFE Act think so.
For those who lost their right to possess a gun because of a false report or a mistake the process is based on the perversion of the concept of “innocent until proven guilty.” This has been changed to “presumed guilty until the person can prove they are innocent.” This is a timely and expensive process and the state cannot be held liable for any damages. The bureaucrats and politicians really look out for themselves when making laws.
One of the really dumb provisions of the law is the prohibition of gun magazines that hold more than ten rounds of ammunition. The law first prohibited magazines holding more than seven rounds. Then, there was an uproar because the standard for most semi-automatic handguns is ten rounds, so they changed that part of the law that allowed ten round magazines, but said the person could put only seven rounds in it.
Along with the stupidity of this provision, police were not exempt from this part of the law and instantly, cops on duty were law breakers. This again was changed and police were allowed to carry high capacity magazines, but not civilians and civilians could load ten rounds in their ten round magazines. However, a civilian caught with a high capacity magazine could be arrested and charged with a D Felony.
No violence is necessary to make the charge. It is an easy case to prosecute because it is one of just possession and a person can be sentenced to seven years if found guilty. That is the same sentence that a person who shoots someone can get depending on the circumstances.
Recently a man was stopped for a speeding violation and was giving a roadside sobriety test. He claims he passed it twice and the police told him to do it again a third time. He questioned them about the need. One of the officers then said| “He is resisting. Arrest him,” With the arrest, his car was impounded.
When a car is impounded, the police do an inventory check and the man had a car safe in the vehicle. The police opened it and found three 17 round magazines there. No gun was present on the driver on in the car, but he was charged with three felonies, one for each magazine.
The man, who is a veteran with two tours of duty and the sole parent of a child with special needs, was tried for the crimes. He was found guilty of speeding, but cleared of the DWI charge. He also was found guilty of the magazine possession. He is awaiting sentencing. If sentenced to prison he is worried about the care of his son since the son's mother is “somewhere in California.”
It seems ironic that two of the politicians, Sheldon Silver and Dean Skelos were convicted of corruption two years ago and were sentenced, but are still walking around free awaiting an appeal on the charges. Seems rich and powerful people who commit real crimes have a different standard when it comes to justice.
With the differences between those those who have harmed people not going to jail and one who has not, facing jail time seems grossly unfair. Especially so when one of them has not caused any damage or harm to anyone.
In front of many courts there is a statue of Lady Justice holding a scale and with a blindfold over her eyes. In cases like this, it isn't a blindfold. It is a bandage because the SAFE Act and the politicians who passed it gouged out her eyes.
-30- :
Tuesday, May 9, 2017
POLITICS. PARTY, POWER, PERCEPTION PRAGMATISM AND PATRONAGE
THE RIGHT SIDE
BY BUDD SCHROEDER
MAY 10, 2017
POLITICS. PARTY, POWER, PERCEPTION PRAGMATISM AND PATRONAGE
The headline presents the major prescription for the present state of politics. In this definition the words principles and performance are not present. The point being that the way government is being run the focus is away from people and centered on what is best for the political party.
It would appear that the political pundits and party participants make their decisions not for the benefit of the people, but on ways to get the people to vote for the party. Even the discussions on the repeal of Obamacare laced with the commentary on how this will affect the balance of power in next year's elections and whether it could mean that the Republicans lose seats in the Congress.
From Charles Schumer's discussions on the subject, that is a major concern regarding his perspective on the Senate strategy. Schumer desperately wants to be the Majority Leader. More power! Enough said!
In politics, perception IS reality. If the public can be convinced that the press releases are accurate (even if they are not) that serves the politician's purpose and that is where the term “fake news” comes in. It doesn't matter if the news is biased or even a half truth. If the people believe it, the news release has done its job for the party or the individual.
Truth can actually be relative. A change of a situation caused by external conditions or forces can make yesterday's truth no longer accurate. Does that make the former statement a lie? That depends of the perception of the person reporting or believing it.
An inaccuracy someone stated decades ago can be brought up in a recent report and depending on how the spin doctor reporter describes it The old quote can be a reason for a negative slant to denigrate the one who said it.
This has been a common method of describing some of the key appointments to the Trump cabinet. Also, the reporters, usually in the electronic media, when interviewing a political person, will start a question with something like “people are saying.....” and how do you respond to that? Actually, nobody but the interviewer it thinking that, but it gives him a bit of distance from the question.
With the party calling the shots in many political debates or interviews, the focus can shift to the philosophies and stances of the parties. The messages given can be thinly veiled to convince the viewer that it is in their best interests to vote for that party's ticket in the next election. If the listeners are convinced that it is in their best interests to vote for the party, the interview was a success.
Realizing that party politics are the prime objective for most candidates and elected officials, the most important consideration is to keep the party strong, or to increase its strength. The plasma in the life blood of a party is patronage. Those that has, gets.
For example, in Erie County and many others there are patronage pits where the faithful to the party get good jobs and perks. The Eric County water authority is a good example. It can take members of the party faithful and give them a good, well paying job. They don't have to be able to fix broken pipe lines to get on the payroll.
Practically every elected official has staff members and can be ''encouraged” to place a party favorite in a position. Usually, the chosen person has been helpful during a campaign. Some are placed in those positions because they are competent and have talent.
One of the worst conditions in politics is the selection of Supreme Court Justices. That is 100 percent political. On the higher level, they are appointments. On the local level they are pretty much selected by the County Chairmen.
Selection is done by party delegates who vote in a Judicial Convention. The delegates are party members with a slate picked by the chairman. Others can run for a seat as a delegate, and can, if lucky or works hard, win a seat. However, the chairmen have a big success in getting their people elected.
Then, comes the fun part. Those who wish to become judges become very friendly to all the party chairmen and there are stories of how money can legally change hands during this process.. Some involve donations to the party. Some involve promises. Politics as usual are evident.
Every candidate hopes for a cross endorsement. That means more than one party will give the endorsement and this saves a lot of money in a campaign.
The party chairmen do some trading of “your endorse my candidate and I will endorse yours.” Simply put, the public has no choice in who gets on the ballot. If there are four openings in the Supreme Court there are only four candidates. None were selected by petition as is done in the lower courts. The voting is simple. All will get elected.
There Is little to no hope that this method will change. Judges are the people who rule on whether laws are constitutional. The parties like to stay in power. They will do everything they can to protect their turf, be it by manipulation, media control or gerrymandering. More grist for this columnist's mill. Stay cool and stay tuned in.
-30-
BY BUDD SCHROEDER
MAY 10, 2017
POLITICS. PARTY, POWER, PERCEPTION PRAGMATISM AND PATRONAGE
The headline presents the major prescription for the present state of politics. In this definition the words principles and performance are not present. The point being that the way government is being run the focus is away from people and centered on what is best for the political party.
It would appear that the political pundits and party participants make their decisions not for the benefit of the people, but on ways to get the people to vote for the party. Even the discussions on the repeal of Obamacare laced with the commentary on how this will affect the balance of power in next year's elections and whether it could mean that the Republicans lose seats in the Congress.
From Charles Schumer's discussions on the subject, that is a major concern regarding his perspective on the Senate strategy. Schumer desperately wants to be the Majority Leader. More power! Enough said!
In politics, perception IS reality. If the public can be convinced that the press releases are accurate (even if they are not) that serves the politician's purpose and that is where the term “fake news” comes in. It doesn't matter if the news is biased or even a half truth. If the people believe it, the news release has done its job for the party or the individual.
Truth can actually be relative. A change of a situation caused by external conditions or forces can make yesterday's truth no longer accurate. Does that make the former statement a lie? That depends of the perception of the person reporting or believing it.
An inaccuracy someone stated decades ago can be brought up in a recent report and depending on how the spin doctor reporter describes it The old quote can be a reason for a negative slant to denigrate the one who said it.
This has been a common method of describing some of the key appointments to the Trump cabinet. Also, the reporters, usually in the electronic media, when interviewing a political person, will start a question with something like “people are saying.....” and how do you respond to that? Actually, nobody but the interviewer it thinking that, but it gives him a bit of distance from the question.
With the party calling the shots in many political debates or interviews, the focus can shift to the philosophies and stances of the parties. The messages given can be thinly veiled to convince the viewer that it is in their best interests to vote for that party's ticket in the next election. If the listeners are convinced that it is in their best interests to vote for the party, the interview was a success.
Realizing that party politics are the prime objective for most candidates and elected officials, the most important consideration is to keep the party strong, or to increase its strength. The plasma in the life blood of a party is patronage. Those that has, gets.
For example, in Erie County and many others there are patronage pits where the faithful to the party get good jobs and perks. The Eric County water authority is a good example. It can take members of the party faithful and give them a good, well paying job. They don't have to be able to fix broken pipe lines to get on the payroll.
Practically every elected official has staff members and can be ''encouraged” to place a party favorite in a position. Usually, the chosen person has been helpful during a campaign. Some are placed in those positions because they are competent and have talent.
One of the worst conditions in politics is the selection of Supreme Court Justices. That is 100 percent political. On the higher level, they are appointments. On the local level they are pretty much selected by the County Chairmen.
Selection is done by party delegates who vote in a Judicial Convention. The delegates are party members with a slate picked by the chairman. Others can run for a seat as a delegate, and can, if lucky or works hard, win a seat. However, the chairmen have a big success in getting their people elected.
Then, comes the fun part. Those who wish to become judges become very friendly to all the party chairmen and there are stories of how money can legally change hands during this process.. Some involve donations to the party. Some involve promises. Politics as usual are evident.
Every candidate hopes for a cross endorsement. That means more than one party will give the endorsement and this saves a lot of money in a campaign.
The party chairmen do some trading of “your endorse my candidate and I will endorse yours.” Simply put, the public has no choice in who gets on the ballot. If there are four openings in the Supreme Court there are only four candidates. None were selected by petition as is done in the lower courts. The voting is simple. All will get elected.
There Is little to no hope that this method will change. Judges are the people who rule on whether laws are constitutional. The parties like to stay in power. They will do everything they can to protect their turf, be it by manipulation, media control or gerrymandering. More grist for this columnist's mill. Stay cool and stay tuned in.
-30-
Friday, May 5, 2017
Aquila 22LR 40grain CP plated
Other popular cartridges on hand as well.
Wednesday, May 3, 2017
Attorney: NY violates 2nd Amendment with SAFE Act
Attorney: NY violates 2nd Amendment with SAFE Act | News | SalamancaPress.com
FEATURED Attorney: NY violates 2nd Amendment with SAFE Act By Rick Miller, County Reporter 21 hrs ago SALAMANCA —
A Second Amendment rights attorney says a secret database used by New York State Police to seek conscation of an individual’s guns under the mental health provisions of the state’s SAFE Act has resulted in hundreds of thousands of guns seized under judicial order. Monroe County attorney Paloma Capanna, who specializes in Second Amendment cases, spoke to members of the Cattaraugus County Bar Association Monday as a featured Law Day speaker. End the secrecy, Capanna urged. The SAFE Act, or Secure Ammunition and Firearms Enforcement Act, calls for the conscation of rearms from someone involuntarily conned in a mental health institution, not from someone who tells their doctor they’ve been feeling depressed. Not all her clients who have had the “door knock” by law enforcement seeking their guns under judicial order were admitted for mental health reasons. “One man had a stroke” and his wife drove him to the hospital, Capanna said. Press photo by Rick Miller Paloma Capanna, a Monroe County attorney specializing in Second Amendment cases in connection with New York’s SAFE Act, was a featured speaker at Monday’s Law Day dinner at the Seneca Allegany Casino in Salamanca.
Four percent of New Yorkers are in this secret database, she told the attorneys. You can’t nd out why you are in the database, because state police do not reply to requests for the information, Capanna said. The core of the issue lies in civil rights and the constitutional right of due process, she said. One client, a 30-year member of law enforcement, got one of the letters. He went to a Long Island hospital near his home at the time and said he was having trouble sleeping.
The hospital put him on the list and notified state police.
Capanna said state police have admitted in court there is no investigation into why someone is placed on the mental health list. They present papers to a judge for the seizing of any rearms from an individual. “This is simply an allegation of involuntary committment,” Capanna told the bar members. “Where the hell are the lawyers?” she demanded. “Where are you? For five years, I’ve had a monopoly” on these cases. “We are here because we are committed to justice.
” Judges, Capanna said, are afraid of ruling to return someone’s guns seized under the SAFE Act for fear that person will be involved in the next mass shooting. Those individuals whose guns have been seized under the SAFE Act — she says the number is 600,000 — represent about 80,000 a year, or 6,500 a month “who are getting sucked into the secret database run by state police,” Capanna said. She said she hasn’t lost a case at the hearing stage involving a SAFE Act seizure over a mental health issue. Persons are entitled to assigned counsel to represent them at the hearing, she added. Capanna said she can’t wait for one of her cases to make it to the Supreme Court where she can make case law with the due process argument. It’s a civil rights ght, she said, adding the best way to address it is through public education. “That’s our most potent weapon,” Capanna said. Cattaraugus County Court Judge Ronald Ploetz was invited by the Bar Association to comment on Capanna’s presentation.
He said he agreed with most of what she said. The judge said he gets two or three of the letters from the state police each month stating someone on the list is believed to have rearms that should be seized until a hearing can be held. The action suspends their Second Amendment rights. Ploetz said he calls Sheri Timothy Whitcomb to ask that a deputy who knows the person whose weapons are to be seized go to the house in a low-key manner. Most of the the people are on the list due to depression. “I have yet to do a permanent revocation of any kind,” he told the nearly 50 bar members and guests attending the dinner at the Seneca Allegany Casino.
The county attorney investigates the case before the hearing. State police do not attend the hearing.
“No one wants to take away these rights,” the judge said. “We don’t like this.
FEATURED Attorney: NY violates 2nd Amendment with SAFE Act By Rick Miller, County Reporter 21 hrs ago SALAMANCA —
A Second Amendment rights attorney says a secret database used by New York State Police to seek conscation of an individual’s guns under the mental health provisions of the state’s SAFE Act has resulted in hundreds of thousands of guns seized under judicial order. Monroe County attorney Paloma Capanna, who specializes in Second Amendment cases, spoke to members of the Cattaraugus County Bar Association Monday as a featured Law Day speaker. End the secrecy, Capanna urged. The SAFE Act, or Secure Ammunition and Firearms Enforcement Act, calls for the conscation of rearms from someone involuntarily conned in a mental health institution, not from someone who tells their doctor they’ve been feeling depressed. Not all her clients who have had the “door knock” by law enforcement seeking their guns under judicial order were admitted for mental health reasons. “One man had a stroke” and his wife drove him to the hospital, Capanna said. Press photo by Rick Miller Paloma Capanna, a Monroe County attorney specializing in Second Amendment cases in connection with New York’s SAFE Act, was a featured speaker at Monday’s Law Day dinner at the Seneca Allegany Casino in Salamanca.
Four percent of New Yorkers are in this secret database, she told the attorneys. You can’t nd out why you are in the database, because state police do not reply to requests for the information, Capanna said. The core of the issue lies in civil rights and the constitutional right of due process, she said. One client, a 30-year member of law enforcement, got one of the letters. He went to a Long Island hospital near his home at the time and said he was having trouble sleeping.
The hospital put him on the list and notified state police.
Capanna said state police have admitted in court there is no investigation into why someone is placed on the mental health list. They present papers to a judge for the seizing of any rearms from an individual. “This is simply an allegation of involuntary committment,” Capanna told the bar members. “Where the hell are the lawyers?” she demanded. “Where are you? For five years, I’ve had a monopoly” on these cases. “We are here because we are committed to justice.
” Judges, Capanna said, are afraid of ruling to return someone’s guns seized under the SAFE Act for fear that person will be involved in the next mass shooting. Those individuals whose guns have been seized under the SAFE Act — she says the number is 600,000 — represent about 80,000 a year, or 6,500 a month “who are getting sucked into the secret database run by state police,” Capanna said. She said she hasn’t lost a case at the hearing stage involving a SAFE Act seizure over a mental health issue. Persons are entitled to assigned counsel to represent them at the hearing, she added. Capanna said she can’t wait for one of her cases to make it to the Supreme Court where she can make case law with the due process argument. It’s a civil rights ght, she said, adding the best way to address it is through public education. “That’s our most potent weapon,” Capanna said. Cattaraugus County Court Judge Ronald Ploetz was invited by the Bar Association to comment on Capanna’s presentation.
He said he agreed with most of what she said. The judge said he gets two or three of the letters from the state police each month stating someone on the list is believed to have rearms that should be seized until a hearing can be held. The action suspends their Second Amendment rights. Ploetz said he calls Sheri Timothy Whitcomb to ask that a deputy who knows the person whose weapons are to be seized go to the house in a low-key manner. Most of the the people are on the list due to depression. “I have yet to do a permanent revocation of any kind,” he told the nearly 50 bar members and guests attending the dinner at the Seneca Allegany Casino.
The county attorney investigates the case before the hearing. State police do not attend the hearing.
“No one wants to take away these rights,” the judge said. “We don’t like this.
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