The Fine Hand Of Bloomberg And Bill Drafting

The New York Post reported yesterday that sources within Gov. Andrew Cuomo's administration are blaming the Brady Campaign and Bloomberg's people for all the problems with the new NY SAFE Act. That is, of course, beyond the fact that the bill was rammed through both houses of the New York State legislature with very no discussion.

A Cuomo administration source is flatly denying the governor’s claim that his new anti-gun SAFE Act was carefully drafted, saying the governor himself wasn’t even aware of some provisions when it was hastily enacted into law.

“The governor thought the limit on the size of [gun] magazines would only apply to assault-style rifles, not to handguns,’’ said the source.

“That’s why there’s the big problem now with handguns, among other things in the statute.’’

The legal sale of virtually all semiautomatic handguns will soon be impossible because Cuomo’s law limits the size of bullet-holding magazines to seven shots, virtually none of which are manufactured for sale.

“Much of what’s in the law was drafted by people connected to Mayor Bloomberg and the Brady Center, not by the governor’s staff,” the source said. “That’s why there are so many problems with it.’’

As Michael Bane has reported many times, the new gun control bills in Colorado were drafted by Bloomberg and his people and have definitions that are peculiar to New York law and not Colorado law. This especially relates to the definition of transfer of a firearm.

Meanwhile back in February, in Minnesota, Rep. Alice Hausman, the prime sponsor and ostensible author of HF 241 - the Minnesota "assault weapons" (sic) ban - left the hearings on her own bill and let Heather Martens, a lobbyist from the gun control group Protect Minnesota, explain the bill. Hausman told a reporter later that she really didn't understand her own bill. That bill also had a different definition of "transfer" as well.

As used in this section, "transfer" means a sale, gift, loan, assignment, or other delivery to another, whether or not for consideration, of an assault weapon.

When the BATFE speaks of transfer of a firearm, they mean the transfer of ownership or title. Under normal commercial law, a sales transaction or transfer of title requires an offer, an acceptance of that offer, and the offering of consideration. Consideration is the cash or other remuneration paid for the item. Without those three actions, the transaction or transfer is void and didn't occur. Notice that the Minnesota law explicitly removes the third element from their definition of transfer.

I'm sure a close examination of any of the other gun control bills involving semi-automatic firearms, magazines, and background checks that have been introduced in many state legislatures would show these same similarities. What Michael Bloomberg and his billions can't achieve on a national level might be achieved on the state level if we aren't on guard. As Michael Bane said to Tom Gresham on Sunday during his interview on Gun Talk, they were blindsided in Colorado.

UPDATE: It seems like Mayor Bloomberg isn't pleased with the reports that Cuomo is blaming the drafting of NY SAFE on him.

Asked about that criticism today, Bloomberg erupted in anger.

"What did we do, put a gun to their head, if you pardon the pun, and force them to write legislation?" he said, during a press conference in Brooklyn about helping the unemployed get jobs. "Is that the allegation? That we were up there with automatic weapons with expanded capacity magazines forcing them to write a bill?"

"That's the kind of journalism that I find troublesome," he continued. "You've got a source that isn't willing to put their name on the bill and the reporting of it wasn't in the context of, is that credible? But they were forced by guns, or a knife at their throat, to take our ideas. If they took our ideas, I'm flattered. I hope they did. And I don't know whether they did or didn't, and I don't know whether they got it accurate or not."

In a latter statement from one of Bloomberg's press spokesman, they said they wanted micro-stamping in NY SAFE but never said anything about magazines. Hmmm.

Jacob at GunpoliticsNY.com has more on this along with some analysis. Sebastian discusses this buck-passing and the reliance on polling by some politicians in a post this afternoon. I suggest reading both.