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4th Amendment No Longer Recognized in New York

Apparently, when Gov. Cuomo broke the rules and rammed the SAFE Act down the throats of his constituents in the dead of night before anyone read it, it held some disturbing sub parts that are now just being brought to light.

Namely, the 4th Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

will no longer be recognized as an absolute right and will be wantonly ignored whenever the authority desires it.

A SWAT team raided co-owner Joe Palumbo’s Albion Gun Shop without a warrant. They were acting on orders from the Narcotics Enforcement Unit, who asked the shop to hand over a customer list so they could determine how many people had purchased New York SAFE Act compliant rifles. The gun owner was forced to present approximately 170 sales records. Under the state’s anti-gun law, this intrusion was completely legal.

Ever since the SAFE Act was passed, the New York State Troopers Narcotics Enforcement Unit has been delegated to enforce the act with carte blanche to ignore the Constitutional rights and freedoms that are supposed to reign in tyranny.  

And Joe Palumbo wasn’t selling weapons on the sly or in some shady way that would warrant such an intrusion.  In fact, Palumbo went so far as to check with the State Police AND his local police to verify that these weapons indeed were legal to sell under the SAFE Act.

“The New York State Police told me that my guns were NY S.A.F.E. compliant. The chief of the Medina police told me my rifles were NY S.A.F.E. compliant and in fact purchased one of the guns from my shop.

Meanwhile, a confidential informant working with the State Police released an email from New York State Police Division Counsel Kevin Bruen, in response to a troopers question of whether modified AR-15’s comply with the SAFE Act, stating that Police themselves cannot understand the SAFE Act and that “a court would have to rule on the legality of these rifles.”

Hmmm…perhaps if Cuomo wasn’t so concerned with jamming this law through in the dead of night before anyone read it maybe someone could understand it.  But as it so happens, Cuomo’s hast may be the SAFE Act’s undoing.  You see, when it comes to Constitutional Law, a statute cannot be vague.  It must be clear, concise and understandable to the average citizen.  If it is not, then the statute must be tossed out and void for vagueness.

Reasons a statute is void for vagueness:

  • when an average citizen cannot generally determine what persons are regulated, what conduct is prohibited, or what punishment may be imposed.
  •  laws which do not state explicitly and definitely what conduct is punishable
  • if a legislature’s delegation of authority to judges and/or administrators is so extensive that it would lead to arbitrary prosecutions

The SAFE Act pretty much hits on a trifecta of these three reasons.  When even the authorities do not understand the act and what is prohibited and what conduct is punishable, how is the average citizen supposed to?  And with the legislature delegating the enforcement of the SAFE Act to the equivalent of the Pinkerton’s who apparently are ignoring Constitutional liberties, arbitrary prosecutions are just the beginning.

For confirmation sake, legal counsel for Albion Gun Shop,  James Tresmond agrees with my conclusion stating:

The New York S.A.F.E. Act is being enforced arbitrarily on a case by case basis. That amounts to unconstitutional vagueness under the Supreme Court’s Morales standard, and the law should be enjoined for that reason alone.”

Oh, there are TONS of reasons why the SAFE Act must go, ranging from its utter failure to prevent crime, its criminalization of the law abiding, the bastardization of the US Constitution et al.  But if it’s sloppy writing and vagueness is what gets it done, that’s just as well.

Until that happens though, if you are a gun owner, own a gun shop, or have anything to do with the gun industry, do not expect a warrant when armed militarized SWAT teams bust into your home in the middle of the night and shoot your dog.

Because apparently the 4th Amendment (among others) no longer exists within the borders of Cuomo’s Empire State.


  • Docs357

    Obama has destroyed any privacy we had. As far as NYC there traffic cameras pick most everything but the traffic. They also pick up reflections in store windows throughout Midtown. Any lip readers in town. The people with voted for him are basically those of alternate lifestyles. What was the greatest city in the world is nothing but a freak show. With some decent patriots trapped in that mess. Before mayor Gun phobia left office he got his super computer up and running they know where everyone is at any given time. Do they use against illegals no. The few pay taxes for the many. It should be a great help to NYPD in catching criminals. If they could take out a crook without wounding the civilians in area. It’s lost it’s humor a while ago there police department with the only side arms with defective triggers if you listen to them tell it. Again liberals have trashed anything of worth that city HAD to offer.

    • Bullets First

      It’s a shame that the NYC liberal mental disease is spreading to upstate New York. I for one am a supporter of the division of the state into 2 states, Western New York and New York, the latter including all of long island, the five bouroughs and up until white plains.

      Upstaters have for too long been victim of the whims of the insanity coming out of NYC.

      • Docs357

        Agreed spent my youth in Brooklyn and Queens. It should be divided.

    • beelp

      “Greatest” city? Really? “greatest” amount of dirt, terrible roads, filthy “homeless”, greatest taxes and fees and on and on. NYC sucks! I lived there for far too long, but thank God no longer. NYC sucks !

  • Onteo

    No swat team came to the store. Just a state trooper and he asked for the paperwork. Wrong as it may be the owner complied and is now suing.

    • Chris Robinette

      Would have been better to have destroyed the list then sued the State and Cumo.

      • southern tom

        …I WONDER how many gun shop owners will turn over their lists when the storm troopers demand it?

  • Рон Джамин

    I would demand a warrant or court order. Without it, they get a polite “go fuck yourself”

    • southern tom

      …SOUNDS good, but then they just shove you aside and enter anyway… if you protest too much, they shoot you…

      • TheBitterClinger1

        The shooting of innocent, honest citizens has become rather routine and almost acceptable with the “Oh Gee, wrong address, Car looked like, if only you can see what we see”. The ripping apart of homes and cars looking for something criminal has become acceptable as “necessary for the good of all-just fix the house, put the car back together and shut up or the US Attorney WILL talk to you.
        I personally have gone from law abiding, law and order supporting citizen to one paranoid (with reason), bitter (with reason) individual.

        But the American people have been willing to strip themselves of one Constitutional right after another for The Current Emergency, to fight the War on Crime, the War on Drugs, RICO, the Patriot Act.

      • Рон Джамин

        Shove you aside? and what? Blow up my safe? Won’t fly, sorry.

    • AZ BOB

      hahaha they would tazer, you at the least, kill your animal if you have one, then arrest you. Just keep all you records on a computer and when they invade destroy the info, it works for the IRS hahaha

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  • Frank W Brown

    NY epitomizes This…

    A Country Founded by Geniuses but Run by Idiots!

    If you can get arrested for hunting or fishing without a license, but

    not for entering and remaining in the country illegally — you might

    live in a nation that was founded by geniuses but is run by idiots.

    If you have to get your parents’ permission to go on a field trip or

    to take an aspirin in school, but not to get an abortion — you might

    live in a nation that was founded by geniuses but is run by idiots.

    If you MUST show your identification to board an airplane, cash a

    check, buy liquor, or check out a library book and rent a video, but not

    to vote for who runs the government — you might live in a nation that

    was founded by geniuses but is run by idiots.

    If the government wants to prevent stable, law-abiding citizens from

    owning gun magazines that hold more than ten rounds, but gives twenty

    F-16 fighter jets to the crazy new leaders in Egypt — you might live in a

    nation that was founded by geniuses but is run by idiots.

    If, in the nation’s largest city, you can buy two 16-ounce sodas, but

    not one 24-ounce soda, because 24-ounces of a sugary drink might make

    you fat — you might live in a nation that was founded by geniuses but is

    run by idiots.

    If an 80-year-old woman or a three-year-old girl who is confined to a

    wheelchair can be strip-searched by the TSA at the airport, but a woman

    in a burka or a hijab is only subject to having her neck and head

    searched — you might live in a nation that was founded by geniuses but

    is run by idiots.

    If your government believes that the best way to eradicate trillions

    of dollars of debt is to spend trillions more — you might live in a

    nation that was founded by geniuses but is run by idiots.

    If a seven-year-old boy can be thrown out of school for saying his

    teacher is “cute,” but hosting a sexual exploration or diversity class

    in grade school is perfectly acceptable — you might live in a nation

    that was founded by geniuses but is run by idiots.

    If hard work and success are met with higher taxes and more

    government regulation and intrusion, while not working is rewarded with

    Food Stamps, WIC checks, Medicaid benefits, subsidized housing, and free

    cell phones — you might live in a nation that was founded by geniuses

    but is run by idiots.

    If the government’s plan for getting people back to work is to

    provide incentives for not working, by granting 99 weeks of unemployment

    checks, without any requirement to prove that gainful employment was

    diligently sought, but couldn’t be found — you might live in a nation

    that was founded by geniuses but is run by idiots.

    If you pay your mortgage faithfully, denying yourself the newest

    big-screen TV, while your neighbor buys iPhones, time shares, a

    wall-sized do-it-all plasma screen TV and new cars, and the government

    forgives his debt when he defaults on his mortgage — you might live in a

    nation that was founded by geniuses but is run by idiots.

    If being stripped of your Constitutional right to defend yourself

    makes you more “safe” according to the government — you might live in a

    nation that was founded by geniuses but is run by idiots.

    If the media panders to your openly socialist leader while the IRS targets groups with dissenting views— you might live in a nation that was founded by geniuses but is run by idiots.

    If your government ‘cracks down’ on legal gun sales to law abiding citizens while secretly supplying illegal guns to Mexican drug cartels— you might live in a nation that was founded by geniuses but is run by idiots.

    If your local government (Chicago) outlawed gun ownership for ‘the safety of its citizens’ and now boasts the worst murder rate in the country — you might live in a nation that was founded by geniuses but is run by idiots.

    What a country!

    How about we give God a reason to continue blessing America?

    This was borrowed from another blog, please spread it far and wide!


      Frank I don’t know where you got it but it is RIGHT ON!

    • fantail1952

      “founded by geniuses but run inhabited by idiots.”

      There, fixed!

  • Ralph Moran

    It only violates the 4th Ammendment as long as the New Yorkers let it. They deserve everything they get and I hope they suffer the lot.

    • PatHenry

      They voted him in let them deal with it. Might need to grow some balls and throw the bum out. Have a recall vote if not it’s their fault for keeping him in office.

  • ElderAmbassador

    Time to meet the SS with deadly force. Get a warrant or go to the morgue!

  • Melody Martin

    It makes me sad, I am ashamed to admit I was born in New York. Up stare not the city but it has become one big cluster flop. Taxes are almost the highest Tax rate in all the states California comes in #2 who has the lowest tax rate? Wyoming then Alaska and Nevada. What does NY do with all their tax money? Try to destroy the constitution and the People living in their state. Thank God I had the brains to get out of there a long time ago.

    • Arizona Don

      I was stationed there in the Army (finger lakes). Up state is nice and the people were also. NYC sucks.

  • bobmann101

    Wonder if the Supreme Court will take this case.

    • Joseph Mertens

      Those Stateists actually opposing the government on something that matters lol! Sorry Foxes do not guard hen houses.

  • Tony

    This behavior by the government is exactly why the Founders put the Second Amendment into the Bill of Rights. The rest of the Nation has been forewarned by this raid and will prepare accordingly.

  • ADRoberts

    These LEOs should be met with a couple of dozen shotguns and all the Glock 21s that they can find.
    If it takes a gun battle to teach these yankees a lesson in constitutional law, so be it.

    • Melody Martin

      Only a Glock 21? AR 15s might tip the balance just a tad. Better yet an AR10. perhaps an AK 47? I mean if you intend to start a war at least come equipped. Just remember, you may be met with armored Hum V’s.

  • southern tom

    …THIS IS what happens when there are too many liberals and illegal squatters in a state…

    • TheBitterClinger1

      My house was invaded (FBI looking for drugs), I was hit in the face with the breech of a shotgun, father in law shot (as he sat in a chair), wife handcuffed, children terrified, house torn apart (looking for drugs again) when a Great Epiphany hit the Agent In Charge THEY WERE AT THE WRONG HOUSE ON THE WRONG STREET. And so? Congress had given Fedzilla terrible immunity to fight The War On Drugs. We DID have an Arsenal of Weapons: Fedzilla seized: my father in law’s.38 caliber revolver and a .357 revolver (retired Highway Patrolman), the .357 revolvers he gave my wife and me and a 22LR rifle I had since youth.

      Twice we hired lawyers; twice Fedzilla was able to claim Immunity (for the good of us all except for my father in law, wife, two children and my five lower teeth).

      That was under Richard Nixon and his War On Drugs. We have to stop letting stupid TV shows, bad movies, asinine news reports and screaming idiots chase us away from OUR INNATE RIGHTS AS INDIVIDUALS TO BE LEFT ALONE.
      Obama, Bloomberg, Governor Cuomo and hundreds of others are but building on a hundred years of Progressive (Republican and Democrat) fascism FOR THE GOOD OF US ALL.

      • beelp

        Except Nancy Pelosi. She is doing it “…for the children…”

        • LC

          Because she believes in “the Word”.

    • beelp

      The colleges and universities are producing literally millions more air head liberals every year. They ARE winning, through brain washing via the education system. Something Pat Buchanan
      warned about years ago.


    Sounds a lot like HITLER and NAZI GERMANY. Well done cuomo, you modeled yourself after a real great guy.

    • beelp

      With the help of his hypocritical, scum bag old man.

  • akoby

    Upstaters did not vote overwhelmingly for Cuomo, so no we don’t deserve what we got. We constantly pay for the crooks and takers from urban areas dictating their liberal agendas on us. NYS should be split up into 2 states. Westchester, NYC, LI can have their own state. Leave the rest of us alone.

  • Tagdogs

    Coumo is a useless POS as his old man was. Why any NY resident would vote for this moron is beyond understanding. Are New Yorkers brain dead?

    • Arizona Don

      The liberal idiots in NYC control the state.

      • bynbel

        The unions and the Democratic party control the state. They redistrict any opposition so in truth New Yorkers who oppose them have no voice.

  • kibitzer3

    Thanks, Tony. A good heads-up.

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  • Sunshine Kid

    Cuomo should be facing a trial. The charge would be treason against the Constitution of the United States of America.


    The big question is, WHO is going to do something about the idiots running this country and ruining this country at the same time?

    All of the intelligent people I know believe Obama or whatever his real name is, was born in Kenya and not of American parents. So, who is going to do something about him? Are we just going to sit back and wait for a good president to be elected? And what if Hillary the Bitch is elected President because she will be far worse than Obama has been.

    Are people in America smart enough to elect say, Ben Carson to change everything back? So far, he is THE most intelligent person I have heard speak about our government so far. I would give you a hoot for Romney except he is not a Democrat. Right now as far as I can tell, all Democrats in Washington who have supported Obama are TRAITORS and deserve to be treated as such. But, even further are the Republican traitors and there are a bunch of them starting with Boehner. He should have impeached Obama when he had the chance and then they could kick out Biden for being unfit because he is so stupid.

    I am not and do not advocate for illegal action. but, these folks who are planning the civil war attack on our government are starting to look better all of the time, like when I hear stories like this.

    Maybe we all should start pushing our own state to secede from the country and just leave Obama to run, well nothing.

    I know it makes me very upset and I am getting sick and tired of some dumb Kenyan Muslim Gay liar telling us what we can and cannot do regardless of the laws of our great nation. Maybe we should just tar and feather them like in the old days. Or maybe throw them in the bottom of a outhouse because they can’t get any shittier than they are!

  • empty pockets

    And meanwhile, they’re running ads trying to entice new businesses to come there and locate in certain zones to get zero taxes for 10 years. Yeah…only an idiot would go for that one, even without this feces. I feel so sorry for the few (relatively speaking) conservative holdouts there. To them: find a Red state. You’ll be welcome there! Leave the Lefties to bury themselves in the excrement they create.

  • Iloveamerica

    Fire him for ABUSE OF OFFICE.

  • Mort Leith

    Only in NA Z1 New D0RK !

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