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SAFE Act foes hands governor another court defeat

For the second time in less than two months, a lawyer representing opponents of the SAFE Act gun control law have prevailed over the Cuomo Administration in efforts to get at records and documents pertaining to the law, or the events it had set in motion.

Western New York attorney James Ostrowski, on behalf of an anti-SAFE Act group, the Shooters Committee on Political Education, or SCOPE, is seeking documents pertaining to an April 1, 2014 anti-SAFE rally on the Empire State Plaza.

While the rally at the time was most notable for the politicians and celebrities - Donald Trump, Rob Astorino and Carl Paladino - who showed up and spoke - the event also triggered what Ostrowski said were special regulations that allowed police to seize two replicas of guns toted by protestors.

Claiming the seizure of these replicas was a First Amendment violation, Ostrowski was seeking Second Floor documents pertaining to the rally. The state wouldn't give them up, claiming attorney-client privilege but state Supreme Court Justice Michael Melkonian ruled the documents should be made public.

This comes less than two months after a judge ordered the State Police to release statistics about how many assault style weapons have been registered, as required by the SAFE Act. The law banned such guns but allowed people who already owned them to keep them and register them. State Police didn't appeal that lower court ruling although a governor's spokesman said they expect to appeal this decision.

Here are some details:

State Supreme Court Justice Michael H. Melkonian has ruled that Governor Cuomo and other state officials have illegally withheld about 150 separate documents in response to SCOPE's freedom of information request for documents related to the Albany Second Amendment rally in 2014.
SCOPE requested the documents to determine whether Governor Cuomo conspired to violate the First Amendment rights of protesters at the rally.
Last year, Governor Cuomo refused to turn over numerous records concerning his micro-management of the Albany Gun Rights rally on April 1st where state troopers harassed protesters and seized their replica guns.
Cuomo's staff refused to turn over the Governor's records, claiming that they are protected by the attorney-client privilege and other exemptions from disclosure. The State has thirty days to turn over the records.
SCOPE President Stephen Aldstadt said,"This decision is yet another win for open and accountable government in New York".
SCOPE has confirmed that Cuomo's staff cooked up a special regulation designed to suppress the protesters' right to use replica firearms in the exercise of their First Amendment rights. At the rally, two "guns" with 2nd Amendment messages attached were illegally seized by state troopers even though it was obvious they were not actual firearms.

http://blog.timesunion.com/capitol/archives/239794/safe-act-foes-hands-governor-another-court-defeat/
 

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Not sure. He was wearing a colonial outfit.

Plus there was signs when we got off the bus that gun replicas were forbidden. Looked like they were put up that morning.
 
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"State Supreme Court Justice Michael H. Melkonian has ruled that Governor Cuomo and other state officials have illegally withheld about 150 separate documents"

I missed who got arrested. Did they post bond? Released on their own recognizance? Is there a page 2 to this article? I don't see anything about arrests....

Paul
 

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I was there and saw them confiscate one dudes wooden rifle.

Absolutely insane.
wow.
Disgusting.
Cuomo and his minions really are tyrants.
I've been saying to liberal fools for years if they can ignore the second amendment they can ignore all of them.
Those police officers should be ashamed of themselves IMO.
 

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. I remember that guy. The one with Cuomo hanging was good
Yeah he was spanking the cuomo puppet with the rifle on the butt. Then cops surrounded him and demanded he hand over the wooden replica.
 

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So when all is said and done...um...yay? Will this change a single thing in this state, other than a little egg on Cuomo's already ugly mug? I hear Safe Act and "defeat" and, as usual, I'm totally underwhelmed. Is there a part 2 to this I'm not getting?
 

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In a way it is good. It once again shows the Cuomo government's lack of transparency... and probably pissed off the judge in the case. It shows they were trying to hide something and cuts into their credibility.
 
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