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State Sen. Darrel J. Aubertine



Commentary Written by Sen. Darrel J. Aubertine    Monday, 04 May 2009 06:52 Last week, the Assembly passed a series of anti-gun bills which many of my colleagues in that house and even some in the Senate believe will reduce gun violence. However, this legislation goes too far and would have little, if any, effect on gun violence. Rather these bills would just put new and onerous restrictions on law abiding gun owners and sportsmen.
I voted against these bills when I served in the Assembly and I continue to oppose them. I’m a strong believer in second-amendment rights, as both a gun owner and a sportsman. We can never lose sight of the fact that in Upstate, especially here in Central and Northern New York, guns are part of our way of life.
We can all agree that gun violence and crimes involving guns damage our society. However, placing new and burdensome restrictions on law abiding citizens will not reduce crime. We need tough sentences for offenders, not new restrictions or back door taxes on those of us who obey the laws.
Registered gun owners are generally not joining gangs and gang members typically do not register their guns or follow the existing laws in the first place.
In the Senate, I’m working to help my colleagues recognize the importance of protecting the rights of sportsmen and all gun owners. I have also reached out to sportsmen and gun-rights advocates to include them. I want to make sure that if a case can be made for legislation to protect our communities, we make sure this legislation is sensible and effective, not an infringement on the rights of our many responsible gun owners.
With that said, it is worth noting that the spring turkey hunting season runs throughout this month. I want to wish everyone a safe and successful season. It’s a sport that is growing in popularity here in Central and Northern New York. It’s also a sport that involves a lot of youth hunters, getting up early to enjoy the hunt.

I have also heard a number of positive reports on fishing throughout the region’s many rivers and lakes in Oswego, Jefferson and St. Lawrence counties this year. With the nice spring weather, a lot of people are getting out on the water with their families to enjoy the sunshine and some spring time fishing. This region has so much to offer for the outdoor enthusiast, whether you enjoy fishing, hunting, hiking, boating, or cycling.
Responsible management of our resources provides us with an asset both for all of us who live here to enjoy and as an attraction for tourists. It is important that we as New Yorkers continue to be good stewards of our environment.


May 4, 2009, 4:30 pm

District Attorney Candidate Unveils Gun Platform

By Sewell Chan
Richard AbornMichael Appleton Richard M. Aborn is running for Manhattan district attorney.

Richard M. Aborn, a candidate for the Democratic nomination for Manhattan district attorney, has recently gained some momentum. He has received endorsements from a former police commissioner, William J. Bratton, and from several elected officials, and on Monday, he released his first detailed policy paper, a five-point plan for combating gun violence in Manhattan.

The plan calls for a regional interdiction approach to gun trafficking; more gun buyback programs and a program in which parents could give the police permission to search homes for guns; a requirement that pistols sold in New York include micro-stamping technology; a five-year renewal process for handgun permits; and support for a national gun-control strategy.

Mr. Aborn will face several rivals in the September primary, notably Cyrus R. Vance Jr., a former prosecutor and a son of a former secretary of state, and Leslie Crocker Snyder, a former judge and prosecutor. Mr. Vance appears to have the support of the current district attorney, Robert M. Morgenthau, who is retiring after holding the position since 1975, and whose support could be of critical importance. Mr. Vance also has collected the endorsements of Public Advocate Betsy Gotbaum and of former Mayor David N. Dinkins.

Last week, Mr. Aborn announced the endorsements of Assemblyman Jonathan Bing and Assemblywoman Deborah J. Glick, both of Manhattan, and of State Senator Eric Adams, of Brooklyn. Mr. Bratton, police commissioner during the early years of the Giuliani administration, is widely credited with helping to bring down the rate of violent crime.

Ms. Snyder has announced endorsements from Emily’s List, which supports women seeking elected office, and from the Detectives’ Endowment Association.


WILL NY OBEY CONSTITUTION?
What will Bob Duffy do?

The mayor of Rochester, who says he believes in the right to own guns, will he ask City Council to bring local laws into accord with the Constitution?

What will Bob Duffy do?

Will he follow a ruling of the Supreme Court, or will he cater to the unconstitutional leanings of his new Democrat friends? Will Rochester continue to lead the liberal parade, or will it follow the law?

This has been coming since 1993.

That's when Rochester jumped on the anti-gun bandwagon of the day and outlawed assault rifles, pistol-grip shotguns, and private gun transactions, did everything it could to put every city gun store out of business and declared that guns in homes had to be locked up or locked away.

Intended to make the city safer, the years since the anti-gun laws took effect have seen Rochester become the state's murder capital. It was one more liberal idea that did nothing but make the government more powerful and the people less free.

And violate the Constitution.

Many of us said so at the time, and 15 years later the Supreme Court agrees.

Because Rochester's gun law is unconstitutional.

The city hasn't admitted that, and says it needs to review and investigate, but I can save them the lawyer fees.

The majority opinion in District of Columbia v. Heller specifically addresses an aspect of the Washington gun laws – mandatory trigger locks – that is found in the Rochester gun laws.

And the Supreme Court said they had to go.

Rochester city law requires that firearms in the home, unless they are immediately at hand of the owner, must have either a trigger lock on them or be locked up in some sort of safe or cabinet. Every Rochester gun must be under lock and key in the home.

And that's unconstitutional.

Antonin Scalia, writing for the majority, saw self-defense as a prime reason behind the Second Amendment. He was right, if self-defense includes the defense of individual liberty from tyrannical government. He said Americans have the right to defend themselves in their homes with firearms.

And he said that requiring locks on guns limited the right of self-defense by making it too difficult to use a firearm to protect one's home and family. Practically speaking, you can't ask the average home invader to wait for you to find the key to your trigger lock.

Therefore, he reasoned, mandatory trigger locks are unconstitutional.

And Rochester needs to do something about that.

Rochester law contains a provision that is specifically unconstitutional.

The question is: Will Bob Duffy and City Council change that, or will they wait for a lawsuit to force them to change it? Will they abide by the law or will they play politics?

And how will other levels of New York government respond to this ruling?

If self-defense is a basic purpose of the Second Amendment, and the Supreme Court sees this as primarily achieved by handguns, what of county judges who put “hunting and target practice only” restrictions on New York pistol permits?

Is that practice constitutional?

And what of New York's antagonistic pistol-permit process itself? In a state where it can take six months to a year to get the permit necessary to buy the handgun the Supreme Court says citizens have a right to own, isn't it obvious that the state is imposing an undue burden on that right?

Is the current license process constitutional?

It sure doesn't seem like it.

The question is: Will New York, with one of the most liberal state governments in America, change its laws and practices to abide by the constitution?

Or will gun owners have to take it to court?

And a final question: Is there any chance at all that the ACLU will help citizens secure their rights under the Second Amendment?

- by Bob Lonsberry © 2008

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