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SAFE Act Prosecutions will Show if New York Dares Enforce Registration Infringements

SAFE Act Prosecutions will Show if New York Dares Enforce Registration Infringements
New troopers graduating from New York State Police Basic School: What is it that they’re doing in this picture? How many understand what that means in terms of obeying orders that violate their oath? How many will care enough to refuse to obey? (Gov. Andrew Cuomo/ Facebook photos)

“On Thursday of this week, more than 70,000 New York pistol permit holders woke up as felons. Law-breakers,” S.H. Blannelberry of GunsAmerica observed. “What was their crime? They didn’t register their handguns with the state.”

“Gov. Andrew Cuomo rammed through the NY Secure Ammunition and Firearms Enforcement Act in 2013,” the article explains. “This insidious law requires pistol permit holders to register their handguns and recertify their licenses every five years. Failure to do so is a Class E felony.”

So what does this mean? Are those who initially complied with registration now caught in a perfect trap, one that will result in the state destroying their lives for not complying with its terms of surrender, be it because they either weren’t paying attention or made the decision to defy an edict they view as tyrannical?

New York is playing coy, probably wary of sounding too much like “Star Trek’s” the Borg claiming “Resistance is futile.”

“The state police are not going to penalize those people who fail to recertify unknowingly by the deadline,” Beau Duffy, Director of Public Information for New York State Police claimed.  All they want is “an up-to-date database on active pistol permits at the state and local levels.”

And why might they want that? It’s not unfair to recall an earlier New York diktat, where a similar promise was made:

“The New York City Police Department (NYPD) had notified the 2,340 New Yorkers who had been licensed earlier to possess semi-automatic rifles and shotguns that any of those licensed firearms that were covered by the ban had to be surrendered, rendered inoperable or taken out of the city. The recipients of the notification were directed to send back a sworn statement indicating what had been done with those firearms.”

And what of those who “knowingly” refuse to comply? Again, we can look to past precedent.

“The year after the ban was enacted, a man`s home in Staten Island was raided by the police after he had announced that he would not comply with the city`s ban. He was arrested, and his guns were seized.”

There’s one other important fact that can’t be overlooked, and that is to note who by law is exempt from registration requirements: Criminals, the ones causing the violence problems.

In Haynes v. United States, the Supreme Court basically ruled that since a felon is prohibited from gun ownership, requiring him to register one would violate Fifth Amendment protections against self-incrimination. That’s a correct ruling, but it does help illustrate the damnable lie behind all firearm registration “laws.”

With the caveat that I have no crystal ball, my best guess is that mass sweeps will not take place any time soon, especially since, aside from the manpower, logistics and resources that would require,  enforcement, prosecution and incarceration would make that  a practical impossibility. Also, many law enforcement departments in non-“progressive” areas have said they will not comply with enforcement orders. Others are saying the “law” is so confusing that enforcement is unworkable.

And what about enforcing the edict against those who “knowingly” refuse to obey?

“I just don’t see there’s any need to,” says Joseph Fuller of Cohoes, N.Y. Fuller says he owns several guns, including at least one that he’s required to register under the SAFE Act. But he hasn’t. “I don’t pay attention, to be honest,” says Fuller. “I have friends out in the boondocks. They won’t register their guns either. And they told me … don’t even bother. Don’t worry about it.”

Can the state afford to let high profile “scofflaws” defy its demands and not appear totally impotent in all matters? Is the best “answer” to remain low profile, and feign ignorance if “caught”?

Massive noncompliance already appears to be the case.

Nearly One Million New Yorkers Didn’t Register Their ‘Assault Weapons’,” a headline notes on an earlier disarmament edict. Similar results can be pointed to in places like Connecticut and California.

I can’t blame fellow gun owners who choose a low-profile course, although it’s not the one I chose when faced with a similar decision. Some friends and I confronted the California “Department of Justice” years back when NRA partnered with them to walk us through their so-called “assault weapon” registration requirement of the time. We publicly defied them and tore up their offensive registration cards, incurring the condemnation of some “law-abiding gun owners” in attendance. We never did suffer legal repercussions, although I wouldn’t want to predict what New York “authorities” would do. (Make sure you make time to read “Why I Will Not Obey California’s Gun Registration Edict” by my friend and colleague Brian Puckett, who was one of my “accomplices” that night.)

Again, going back to that crystal ball caveat, my prediction is that enforcement will be selective based on perceived “beneficial” outcomes, and the first arrests will be within an extremely small subset of gun owners who commit other criminal acts. That will allow for arresting agencies and prosecuting attorneys to crow to supportive media about how the law is “saving lives.”

There could also be arrests of those loudly defying the requirement, especially if they get careless. If and when an advocate gets arrested, don’t expect much help from certain national rice bowl gun groups, which repudiate the growing “I will not comply” movement and instead insist that “good, honest” gun owners obey the law and work to change it.

A Samuel Adams quote comes to mind.

Expect them to claim the disobedient “are making us all look bad.” Certainly don’t expect them to fund the legal defense of a patriot whose assets have been seized and who will stand for the most part on his own (and boy, do I pray they will one day make me eat those words).

In Democrat strongholds like New York, New Jersey, California, Massachusetts, Maryland, Oregon, etc., repeal and redress are not going to happen, and the deliberately “imported” demographic constituency shift will ensure legislative and judicial corrections will be denied to those who simply wish to claim their  birthright back from infringing usurpers. Besides, “civil disobedience” to tyranny is a time-honored American tradition.  Just ask Thoreau. Or better yet, Parker.

Just as Oath Keepers in the military and law enforcement have pledged that there are orders they will not obey, so too should patriotic citizens who understand their rights and duties refuse to cooperate in their own disarmament. Acts of tyranny passed under color of law do not override the supreme Law of the Land. The obligation is to follow the higher law.

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If you believe in the mission of Oath Keepers, to defend the Constitution against all enemies, foreign and domestic, please make a donation to support our work.  You can donate HERE.

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David Codrea’s opinions are his own. See “Who speaks for Oath Keepers?”

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DavidC

David Codrea blogs at The War on Guns: Notes from the Resistance (WarOnGuns.com), and is a field editor/columnist for GUNS Magazine. Named “Journalist of the Year” in 2011 by the Second Amendment Foundation for his groundbreaking work on the “Fast and Furious” ATF “gunwalking” scandal, he is a frequent event speaker and guest on national radio and television programs.

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40 comments

    1. With all respect WGP, that’s bull crap. There’s a wickedness in men. Period. The wickedness in this story resides in the corrupt heart of one Andrew Cuomo. The vast majority of troopers, sheriffs, and local law enforcement HATE this. Many will refuse to enforce. They need your support, not your condemnation. WE also need to get more involved in the process to vote these scoundrels out.

      1. I said not a word against LEO’s. “There is a wickedness in men who DELIGHT in the power of a badge.” My comment is critical of citizens who stand by watching and doing nothing. Don’t put words in my mouth…thanks. …otherwise I agree with your stance. Cheers!

        1. As I agree with most all of your words and positions WGP…I took it as a shot directed at the LEO’s. Glad to hear you meant otherwise my friend.

      2. And he is delighting in his governor badge…….you don’t get the meaning of badge in that quote. The badge of office is not always a police, fire, etc. badge. It takes a big man to use his authority in a measured and fair way…..it is a rare thing.

  1. David or any one. I have asked this question a time or two, not just this way. Yes I live in WA. state and the gun owning citizens that do not want to comply with unlawful laws are facing possibly our own Waterloo. I would really like to know if I side with the constitution, what my rightful response could or should be.? I assume you are not an attorney and not allowed to give legal advice, but I am not looking for advice I want answers to my question. Get off my lawn, while they mow me down. Or I give up and in let me lick your jackboots.
    I am sorry, I get a bit confused on these situations, but it is probably because I get so many contrary answers to my questions.
    Thank you, Cb

    1. “Liberty is a harsh mistress.You cannot pick and choose what you like and dislike about her. Liberty will not change her principles for you, no matter how much you claim to love her. She will stand fast in her demands for total acceptance.

      “If you can’t receive her, she will recognize you as a false lover and leave you. And when you hear that door slam, it will take every tear in your eye, every ounce of blood in your veins, and all the nerve in your heart, to win her back.”
      ~ Bill Masters
      It was Ferguson that boasts his mission is to protect you from guns, rather than protect you from those that mock your freedom and disregard the constitution. It is Ferguson who then sues the president fir protecting a Godly nation from jihadi imports. It is Ferguson who with Inslee at the all AG staff meeting mocked and laughed at their successes.
      Run for sheriif. Defeat the tyranny imposed by the likes if Ferguson ey al.

    2. Your decision is your decision but there is only one answer. For over 240 years we have followed the wisdom of our forefathers and the Constitution. Growing pains, wars, fatal attacks, and disasters and we are still whole. Because we have followed the wisdom set before us, we are still a Nation. Democracy can continue to work, as long as the majority of Americans are willing to pay the price. I for one have spent 50 years in law enforcement and am still an oath keeper. My duty is clear. For myself it will be “from my cold dead hands”.

  2. “Massive noncompliance already appears to be the case.”

    That’s the way it was in Connecticut a couple years ago, and the way it should be everywhere, always. I’m fortunate that I live in Indiana, an extremely gun-friendly state, but law abiding citizens in less gun-friendly states have several choices: (1) ignore gun laws that are, on their face, unconstitutional; (2) keep a low profile; (3) maintain a high profile, and prepare to be arrested and your firearms confiscated; (4) maintain a high profile and die in a pile of empty brass, taking as many oath breakers with you as possible; (5) move to Indiana.

    1. …(6) Run for sheriff. It gets the message out whether you lose of win. Have ten friends run against you with the same constitutional message. Now is the time with a solid constitutional President. Count our blessings, under Hitlery, they’d arrest you like they did the Hammonds. They’d arrest all of us here at Oathkeepers.

  3. Thanks for the answers, but I must not have made my self clear enough. I’ll try again. The second amendment is on the books as law. not law for AZ. ID.only, but for WA. CA. NY also!?!? Right? If the answer is right, then I am not being the law breaker, but it is Furguson, Inslee and other lefties.Am I right again? Seems like it should be that simple to me.

  4. publicly, troopers and sheriff’s say they are opposed to the safe act. behind closed doors it is another reality. rogue elements will move forward. this has not much to do with the safe act. this has not much to do with troopers, or sheriff’s. it has much to do with willing participants, working under fema, and dhs. its not local, it’s federal.

    1. Sadly I must disagree. I am personally aware of several instances of local sheriffs enforcing unSAFE – despite their public promises to defy. We are swiftly reaching a breaking point in NY. “We must hang together or we will all hang separately.”

        1. Sadly I cannot offer specific details. At the time I became aware of these incidents I was employed by an elected official, and those communications are confidential. I can say that the reported confiscations took place in Suffolk County in 2014 and 2015, and involved both the SCPD and the Sheriff’s office.

          1. Interesting sealaw. I thank God I’m an Oath Keeper in Orange rather than Suffolk. What I can tell you is that NYOK is in the process of developing a SAFE Act response we can ALL unify behind. Its much easier for good people to do bad things when things aren’t clear. Keep the faith brother.

  5. Hell with New York. I’ll never go there. I hear there’s lots of pretty land to see, but does Ca. and I left there. Screw them too.

    1. And those of us who’ve lived here for generations know NY is worth fighting for. It’s about so much more than “pretty land” American.

    2. That strategy sort of removes the ‘United’ in United States. It might feel good to say this in frustration but it will never be allowed to occur (recall the not so Civil War) and where will you draw the line? California will go, maybe Massachusetts, and on and on. Or maybe you will prefer to cut out the urban centers within the communist states. Just cut loose LA, Boston, Cleveland, Houston, Seattle, etc….again, how would that work and where will you draw the line? Our nation has a border and a Constitution. I say fight to preserve both. Not easy but necessary.

  6. What New York and other states are doing is, all we all know very well, a direct and flagrant violation of the 2nd Amendment. If we do not stand together, then who will stand with me when they come? There is a profound reason that the 2nd Amendment expresses the need to have a “well regulated (trained) militia”. We must stand with and defend our neighbors. Hopefully the police will stand with us.

  7. Sense when can state law be harsher than federal law. At one time no state law could be above federal law. This needs to be fought at the federal level to show these laws are unconstitutional.

  8. It seems the Supreme Court has already given these unfortunate NY gun owners the way out. Since they are now criminals, and the court has declared that criminals are exempt from registration because it violates their 5th Amendment right, they have nothing to fear. (irony, my friends)

    1. @IM_FRANK and ARRGEE…In this case, being a criminal is a badge of honor. AND YES, these turn coat politicos need to be charged with TREASON. They know exactly what they are doing and why. All of them took the oath and now they are taking Soros, Bloomberg, and Globalist money to subvert the US Constitution and our Bill of Rights. Not withstanding that their illegal laws are null and void in the Face of the SUPREME LAW OF THE LAND, their aim is to leave us defenseless and prone over the barrel with our pants pulled down. Not a good position to be in when already Europe has been invaded and heavily infiltrated with low IQ rapists, and our borders are still wide open, and with video of long trains carrying UN military equipment, and unmarked tanks, etc. And stories of foreign troops training on our soil already. They can take their laws and wishes and shove them where the sun don’t shine, and from what I see, no one has any obligation to obey them. But, we see who they are, and we see what their agenda is, and every dog has its day. The list of the GGT’s (Gun Grabbing Traitors) may be getting long, but the length of a rope around a convicted traitors neck doesn’t need to be that long to break it. After a few examples are made, the rest of them will leave the country quick, being the cowards they are.

  9. I read the article and every responding comment on this page, and the bottom line is as follows: Day by day, brick by brick, the anti gun group is a non treatable cancer that will continue its assault at all costs and is relentless. We, law abiding American Sovereign Constitutional citizens are relentless as well…….consequently……MOLON LABE !

  10. Cuino is a traitorous POS. So is Bloomberg. And so it seems NJ Murphy is also, along with Gill and her new legislation she is pushing. They all need to be recalled and formally charged with treason. They know exactly what they are doing, being in service to the villains, the international globalists who are intent on destroying our freedoms. Hail to the oath keeping law enforcement officers who refuse to comply with these illegal laws. As for the oath breakers who did raid the mans home, and are of the mindset to disarm law abiding Americans, their names and mug shots should be plastered all over the net so we know who we are dealing with. The time is rapidly approaching where we need a million man and woman march on the States capitols, and on D.C., to show these snakes that we can push them back into their holes. Let them know that WE THE PEOPLE will not comply with their illegal, UnConstitutional laws. And we will not forget the oath breaking politicians and law enforcing gestapo who prop them up. And let us not forget the lessons of Solzhenitsyn from a hundred years ago.

  11. So, one day it is legal and the next day it is not? According to the Constitution of the United States, Article I Section 9, it states “No bill of attainder or ex post facto Law shall be passed.” That is also repeated in Section 10, where it states “No state shall…pass any bill of attainder, ex post facto law,…”
    Where did I read that any law that violates the Constitution is not valid?

    1. So, Short Mort, Are you saying that in the Constitution there is no way that a rouge state may set up it’s own perimeters around the constitution. And for them to do so is an absolute violation to the law and disregard to the people within it’s borders. In other words, for them to do so is “slap us in the face”Tyranny. Am I reading you right on this?

      1. I am not interpreting what the Constitution says, I am quoting from it. What is stated in the Constitution is in plain English. The problem is that people interpret it according to their need or desire. Sort of like:” Your Honor, my blood alcohol level was .07, and the law says I am legally drunk at .08. Just because I was weaving and driving on the sidewalk doesn’t allow me to be charged with DUI or DWI.”

        1. @ Short Mort. Thanks for your response. Yes I know what the the Constitution say’s in a simple way from a simple man Second paragraph of the Declaration of Independence,July 4th 1776, you probably know it by heart, but if not you can find the answer that I am searching for. I have been asking quite a bit in these tumultuous times, but no one not even the constitutional scholars would give me a straight answer.Maybe you don’t trust me, and I can’t blame you for that,but I wanted to see if we were all on the same page or not. Apparently not, for when CA. , NY, etc.and now my own state is getting hit.Now I suppose I was looking to see if the stuff really hit’s the fan, are we left alone? Seems that way.Sorry I won’t ask any more.
          Sincerely CB.

    2. @Short Mort & Charlie Brown….Check out Article 6, Clause 2 of the Constitution, otherwise known as the Supremecy Clause of the US Constitution. All laws, treaties, rules etc. must conform to the Constitution and the Bill of Rights in order to be legal, and legally enforced. Otherwise they are null and void and considered illegal and unconstitutional, not that it would stop some of the brain deranged maggots we have as lawmakers for quite some time now. What we need is a few examples of rope dangling to get these bastiges back on track, IMHO. After a fair trial, of course. (Oh geese, I hope I don’t get arrested for practicing law without a lisence, or some other frivolous reason some demented tyrant might think up.)

  12. Again let me reiterate, dhs,fems,nsa,
    fbi, have already taken control of city,county,and town police deparments, PERIOD.
    it is a fact. PERIOD.
    not only that, they have taken control of the fire deparments, PEROID…
    via the emergency mangagement position.
    that is true in my new york county, PERIOD.
    TOP DOWN.

    ,

  13. This thread has planted the following vision in my head:
    AG Jeff Sessions being held voluntarily against his will by a dominatrix in a subterranean dungeon far beneath the streets of DC.

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