9.12.2023
Running log of reports from FFLs across the state. Will be updated, as reports come in. Check back throughout the day!
10:19 PM - No ruling yet from Justice Thomas. A long day, and I wish to thank all of you for your support! We are an exhausted team on this end and it looks like a wind gusted through about 103 mph over here - there are so many papers, colored sticky notes, colored pens, and yellow pads. Your e-mail updates from your FFLs and the dashboards and the NYSP system crashes were fantastic. Please continue to do the same tomorrow. As soon as I hear anything from the Court, I will be in touch via e-blast. Please sign up HERE. New blog tomorrow. Same format. Try to get some rest, y’all. - Paloma
4:54 PM - Emergency Application to Justice Sotomayor, as required by U.S. Supreme Court Rules, was DENIED. It is a single justice, clean denial with no opinion. Our “renewal of emergency application” is now being filed to Justice Thomas, as Sup.Ct.R. 22(4) permits now the filing to an individual justice.
Note: the SCOTUS docket page may not reflect anything that happens after 5 PM. I will continue to blog as quickly as possible, after my lawyer responsibilities are met. If ever there was a time to ask for your prayers and good energies and thoughts, it is now.
3:23 PM - Supplemental letter briefing filed to SCOTUS with the NYS Police “User Guide” (see the 1:03 PM entry, below).
1:03 PM - NYS Police “User Guide” to the system they intend to use is now available for free download from this website. SEE pp. 11-12 for the proof we have been waiting for for a year.
10:56 AM - Plaintiff Christopher Martello (IKKIN Arms, Rochester) is now analyzing the “User Guide” published to the NYSP dealer dashboard this morning. In order to perform a background check through the NYS Police, a dealer will be required to input the make, model, and serial number of the firearm.
Gazzola v. Hochul has fought against the NYS Police admitted intention to abuse a background check system to build the first-ever comprehensive gun owners’ registry. From our Emergency Application, pending right now to SCOTUS, we argued:
“Through the record we have established that the law says and state’s attorneys confirmed: the NYS Police intend to use the background check system to build a gun owners’ registry. We emphasize throughout our filings that a gun owners’ registry is pre-empted, if not unconstitutional. For every hour the Hochul-Nigrelli system goes live, any and every background check run through it contributes records to what we thoroughly developed in the record amounts to a prohibited gun owners’ registry with the private information of individual customers which the state should not be permitted to compile in such a manner.”
A gun owners’ registry violates FOPA, Sec. 101 - to wit the state has argued that law only applies to the US-AG, ATF, and FBI and that states are free to do whatever they want.
10:54 AM - Plaintiff Nadine Gazzola (Zero Tolerance, Ghent) receives a personal e-mail from Mr. Eric Moore at FBI-NICS Unit:
Eric Moore, FBI-NICS Unit e-mail response: “You will still be able to retrieve the status from NICS, once completed.”
Nadine’s e-mail question to him: “What happens to the checks that we have pending?”
Note for FFLs: Nadine received this response by hitting “Reply” to the FBI “Final Information” e-mail. FFLs may want to try this same communication route.
10:53 AM - FBI-NICS Unit e-mails to federally-licensed dealers in New York what it titles “Final Information.” We continue to anticipate - in the absence of winning a stay from SCOTUS - that the FBI will disconnect FFLs from direct eCheck (federal) access to firearms background checks at 11:59 p.m.
9:15 AM - report from a registered seller of ammunition that yesterday NYSP called him to “wipe his account” and require him to re-register for a user’s account.
8:32 AM - NYSP NICS server back up. It now includes a “User’s Guide” for system use. NOTE: our SCOTUS Emergency Application filed 09.11.2023 documented that as of 09.11.2023 EOD:
“And, for those dealers, like Mr. Martello, who have (as of September 6, 2023) been approved for dealer accounts and can see the “dashboard,” there is no content. Dashboard buttons don’t work, including that there is no standard .pdf formatted “User Guide” with screen shot illustrations and instructions. None of the plaintiffs or witnesses named has any knowledge of, nor training in, the new state firearms and ammunition background check system.”
6:12 AM - NYSP NICS server is down. 404 Error.
This is how the day beings for the New York State Police in their attempted take-over of all background checks for firearms + its new ammunition background checks + its new antiques firearms background checks.
