Borrello, Giglio: Do Your Job

Hold on to your espresso because we’re not going quietly into this weekend!  You are not going to believe this one, coming from two NYS legislators, elected on the “R” and “C” lines.  Reaching my morning in-box (although it happened on August 16) is news that NYS Sen. George Borrello and NYS Assm. Joseph Giglio have introduced S.7633 to give certain judges and justices a NEW exemption to the CCIA “sensitive locations” restrictions against concealed carry.  According to their Press Release, with quotes from Borrello, the NYS Magistrates Association “has concerns” that some courtrooms are “rural,” “remote,” and “have no metal detectors” and that “The current situation is unsafe.”

This nonsense earns my stamp of “WTF?”

For the past ten years, the NYS Republican Party has done next to nothing to defend our Second Amendment rights.

In 2022, NYS Governor Kathleen Hochul was allowed by them to put through a 10-bill package against gun owners and dealers in firearms across a multi-week period with huge wattage at the microphone of public opinion.  In the year since those laws were enacted, we’ve been fighting like hell in nine (there’s a new one) federal civil rights lawsuits to attack at least the most heinous of provisions of the CCIA and NY Gen Bus §875. 

What has the Republican conference done?  Nothing.  Not even one amicus brief to even one judge in one courtroom in support of our cases.  Not even one bill introduced and numbered to seek repeal of even one statutory provision.  Nothing.  Nada.  Rien.  Nichego.  Oh, wait, let me be more specific.  A few Republican legislators tried to file an amicus brief, but missed the filing deadline.  Did they then file it under one of the other cases still open for such submissions?  Nope.  They couldn’t be bothered to learn about the five lawsuits pending to the Second Circuit Court of Appeals and to learn the basic filing deadlines.  They simply threw up their hands and tried to blame it on the NYS Attorney General, who (I’m sad to say) correctly pointed out that she’s not the one who makes the deadlines and they missed it in that particular case.  The bigger story that NYS AG James and the media didn’t spell out was that there was still time for the Republicans to file an amicus to a companion case, but, alas, they missed that, too.

The “CCIA” and NY Gen Bus 875 - context

The “Concealed Carry Improvements Act” (“CCIA”) prohibits concealed carry on private property (“restricted locations”) without owner permission, prohibits concealed carry in more than 75 categories of “sensitive locations,” and carved out last summer and in April 2023 more than 25 categories of “exemptions” for those who manage to curry favor in the LOB back halls in Albany.

Yeah, and whether it’s CCIA or NY Gen Bus §875, New Yorkers are at risk of felony E and misdemeanor A criminal charges, incarceration, and fines if they fail to meet these unconstitutional, federally pre-empted, vague, constructed-by-amateurs statutes.

 Updates on NY Gen Bus 875 - starting July 25, 2023.

As of July 25, 2023, dealers in firearms started to experience the roll-out of enforcement against them of the new NY Gen Bus §875 as the NYS Police “Joint Terrorism Task Force” began showing up in shops, unannounced.  No official announcement.  No communication to NYS-licensed dealers.  No word to me as counsel of record in Gazzola v. Hochul.  Nothing.  Just a schmooze of a sidewinder into dealers with the pick-up line of “I don’t get any training for my job and I don’t know what I’m doing, but could you help me audit your business?” Albany victimology at its finest!

Albany - a Land Fit for Kings

So now two men who self-identify as “Republican” and “Conservative” have the gall to publicize their willingness to represent yet another group looking for special treatment under laws that never should have been passed in the first place?

It’s time to remind NY Sen. Borello and NY Assm. Gilgio to do their jobs, on behalf of all of their constituents seeking to exercise their fundamental, first-class civil rights under the Second Amendment to concealed carry in New York.

Every citizen has equal rights under the Second Amendment, unless they are disqualified as a matter of law, and, even then, that person has a constitutional right to challenge that disqualification if he or she has standing to do so.  It is not for elected officials to turn into kings and pick and choose who “may” keep or bear arms.  It’s time to take your voices out of mothballs, New York.  Make your voice heard.

 CALL TO ACTION!

Repeal the CCIA!  Repeal NY Gen Bus §875!  No exemptions for government officials or employees!  We demand parity in matters of our personal safety under the Second Amendment!

Contact information is:

NY Sen. George Borello (SD-57)

(518) 455-3563

Olean office (716) 664-4603**

Warsaw office (585) 786-5048**

**if you’re a constituent, please request a personal meeting

 

NYS Assm. Joseph Giglio (AD-148)

(518) 455-5241

Olean office (716) 373-7103**

 

Again, here’s their Press Release.

Again, here’s NY Senate Bill 7633.

No more exemptions!  Repeal the CCIA!  Repeal NY Gen Bus §875!  We demand parity in matters of personal safety under the Second Amendment!

Please join us on Wednesday, September 13, 2023 in solidarity with dealers in firearms and ammunition going out on STRIKE.  You can do so by joining in the “SHOT HEARD ‘ROUND THE STATE, II” at high noon on that day.

Paloma Capanna

Attorney & Policy analyst with more than 30 years of experience in federal and state courtrooms, particularly on issues where the Second Amendment intersects with other civil rights.

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