Gia Arnold case update

Gia M. Arnold, the former State Senate candidate who ran on a pro-Second Amendment platform and was arrested for not using a turn signal, possession of an assault rifle, a high capacity magazine, public obstruction, an air soft pistol (originally charged as a handgun), an air soft face mask, and a knife, later charged with second degree obstructing governmental administration and second and third degree criminal possession of a weapon was sentenced to five years’ probation Friday after pleading to possession of an illegal assault rifle.

Articles here

http://buffalonews.com/2017/07/21/gia-arnold-former-state-senate-hopeful-avoids-jail-gun-case/

http://www.niagara-gazette.com/news/local_news/arnold-receives-probation-in-gun-possession-case/article_c65a2dee-3557-5359-bbe1-b5dfb3870966.html

http://www.dailypublic.com/articles/02132016/gia-arnold-and-triggering-ammosexuals

Michigan couples sue state to protect gun rights of foster, adoptive parents

From our Twitter feed twitter.com/CDSCOPE   and

Summarized from the 7/18 Guns.com web site:

According to court documents, the Johnsons were asked by officials to be foster parents to their grandchild, but when the grandfather, concealed pistol license holder, arrived to pick up the youth from the Michigan Health and Human Services’ custody, caseworkers searched him and said he had to provide the serial numbers to all his firearms.  When he questioned caseworkers about the legality of the policy, Johnson was told “if you want to care for your grandson you will have to give up some of your constitutional rights”  (more of the story here)

Comment: they need a list of the serial numbers of all his firearms? The MHHS contact information is here in case you want to call or mail them…..  http://www.michigan.gov/mdhhs/0,5885,7-339–352302–,00.html

Bundy case judge trying to prevent jury nullification

Personal comment:  This one makes me angry.  Whether you agree with the Bundy Ranch revolt or not, a judge in the Bundy retrial should not tamper with the jury’s ability to use nullification if they see fit.  This is more erosion of the rights of the people.

From the 7/19 Elko Daily Free Press:  The retrial of four defendants in the 2014 Bunkerville standoff at the Bundy ranch got underway this past week in Las Vegas, and this time the prosecution and the judge seem determined to avoid another mistrial due to a hung jury by eviscerating defense arguments.

Federal Judge Gloria Navarro granted a prosecution motion to bar presentation of evidence “supporting jury nullification.” (article here)

Nassau County, NY Sheriff’s Department Policy Keeps Guns After Expired Protection Order is Lifted

Update 7/22:  so much more information about the case from the NRA-ILA, read here, It has been 5 years since this woman’s guns were seized.

Update 7/20: this story has a pay wall so you might not be able to read the entire story.  To get around it, cut and past “Circuit Opens Door to Gun Recovery After Order Expires” into Google and the entire story should appear when you click on it.

From the July 18th New York Law Journal:

A federal appeals court said there is “no clear reason” why a Nassau County woman whose rifles and shotguns were taken away as part of a now-expired order of protection should not receive a hearing to determine if her weapons should be returned.  (more here)

….After Panzella’s ex-husband withdrew his petition to extend the order of protection in March 2013, Panzella asked to have her firearms returned. But the sheriff’s department refused to do so unless it received a court order, which is its policy.

Call or write Sheriff Sposato and tell him his policy of retaining firearms after a court order has expired violates civil rights and they need to change their policy.

Michael J. Sposato, Nassau County Sheriff, 100 Carman Ave., East Meadow, NY 11554.  Civil Enforcement No: 516-571-2120 (no email address was found)

More:  The Albany County Sheriff’s Department was contacted and they informed SCOPE that their policy is that after an order of protection has expired, and there are no other court documents, the firearms are returned.

here is an example letter:

date

Sheriff Michael J. Sposato
Nassau County Sheriff
100 Carman Ave.
East Meadow, NY 11554

 

Dear Sheriff Sposata:

I recently read in the 7/18/17 New York Law Journal and on the 7/21/17 NRA-ILA web site how your office confiscated firearms from Ms. Panzella in 2012 over an order of protection against her. I also read the order of protection did not require the confiscation of the firearms. When the order of protection expired, your office kept the firearms and refused to return them without a court order as was your policy.

I also read that since then there has been a federal court ruling stating that your office could not rely on your retention policy to keep the firearms without due process. Your case is now being discussed in Law Journals.

Change your policy! What you are doing by retaining the firearms is stealing. You Sheriff’s Office people that refuse to change the firearms retention policy should be ashamed of yourselves. Other sheriff departments do not have this policy. The fact that your case is being discussed in law journals and has gone to federal appeals court shows how wrong your policy is. Once it gets that far, it is government overreach.

CHANGE YOUR POLICY AND RETURN MS. PANZELLA’S FIREARMS PLEASE!

I am a gun owner and I belong to a gun rights group and this case is getting gun owning voters riled up. As the sheriff I know you can change the policy, please do so and stop making a mess out of this case and Ms. Panzella’s life. Thank-you for your time.

Cordially,

 

 

 

False Reports of ‘Mental Health Issues’ Cause Loss of Pistol Permits

From the 7/15/17 Western Free Press:

In the political world there is much controversy about legislation and legislators. New York just closed their legislative session and there is little to brag about by the governor and the legislators, The governor and leaders obviously disagree, but many issues were ignored and little was done for the taxpayers of the state to improve laws.

Among the casualties were necessary amendments to the SAFE act to correct the huge infringements to the Second Amendment. The biggest one is the lack of due process dealing with the confiscation of property and destroying of gun rights…………..   find the rest here

Update of CMP Sales of 1911s

complete article from Ammoland: (www.ammoland.com/2017/07/cmp-sales-1911s-one-step-closer-house-passage)

Excerpt:  Fairfax, VA – -(Ammoland.com)- On Friday, the U.S. House of Representatives passed H.R. 2810, the National Defense Authorization Act (NDAA) for Fiscal Year 2018.

Included in the bill is a provision that would make U.S. Army surplus 1911 .45 ACP pistols available to the American public through the Civilian Marksmanship program (CMP).

In November of 2015, then-President Obama signed the NDAA for Fiscal year 2016 into law with language that authorized the Secretary of Defense to transfer 1911s no longer in service to the CMP for public sale. That language made the transfers subject to the Secretary’s discretion and capped them at 10,000 per year. Unsurprisingly, no actual transfers were made under the program while Obama remained in the White House.

This year’s language, however, would effectively make the transfers mandatory and would remove the yearly cap.

The NRA thanks House Armed Services Committee Chairman Mac Thornberry (R-TX) and Rep. Mike Rogers (R-AL) for their steadfast support of this important provision.

Upon completion of the Senate NDAA, the House and Senate will convene a conference committee to resolve the differences in their bills. If you would like to see 1911 sales return to the CMP, please contact your U.S. Senators and Representative and urge them to keep the House language on this matter intact in the final bill they send to the president. You can contact Senators and Representative at 202-225-3121.

 

Wyoming County Board of Supervisors Postpones Vote on Amending Carrying Weapons in County Buildings. SCOPE was There.

From the July 14, 2017 Arcade Herald….

Residents, officials and special interest groups filled the chambers of the Wyoming County Board of Supervisors at its Tuesday, July 11 meeting to be heard on a proposed amendment to a weapons ban

The local law banning weapons from county buildings has been in effect since 1994. The proposed amendment excludes police officers, peace officers and those “licensed by New York State Penal Law 400(2)(f) to have and carry a concealed weapon.” Wyoming County residents, members of the Shooters Committee on Political Education and representatives of New Yorkers Against Gun Violence were all present to voice their opinions on the amendment……

More information is here: http://www.mywnynews.com/arcade_warsaw/news/latest_news/article_21119a98-66ff-11e7-995d-eb67804b6762.html

The vote was postponed until September but the record is being kept open to allow further comments on the topic, in case you want to comment. (http://www.wyomingco.net/Board/Main.html)