NYSBA SUMMER 2012 | VOL. 14 | NO. 1 Government, Law and Policy Journal A Publication of the New York State Bar Association Committee on Attorneys in Public Service, produced in cooperation with the Government Law Center at Albany Law School FFirearms,irearms, PPublicublic SSafetyafety aandnd tthehe LLawaw • The Sullivan Law at 100 • Advocate’s View of New York Gun Laws • Regulating Guns in New York • Microstamping Guns • Does the Second Amendment Apply in New York? • Gun Law, Policy, and Politics • Federal Shield Law • Q&A on Firearms Availability, Carrying, and Misuse • Gun Control Movement Reinvigorated • Fort Hood and Its Aftermath • Social Movement and Gun Violence Prevention NEW YORK STATE BAR ASSOCIATION From the NYSBA Book Store > Legal Careers in New York State Government Tenth Edition • How to Find a Job in State Government AUTHORS Professor Patricia E. Salkin • Employment Opportunities with New York State Govern- Director, Government Law Center, ment Albany Law School, Albany, NY • Employment Opportunities with the New York State Court Daniel Gross, Esq. System Government Law Center, Albany Law School, Albany, NY • Employment Opportunities with Municipal Government D’vora Koelling Government Law Center, Everything you need to know about a career in public service Albany Law School, Albany, NY is conveniently compiled into this one directory. Revised in 2012, this informative handbook includes samples and infor- mation about civil servant announcements and application PRODUCT INFO AND PRICES forms, graduate internship programs, graduate and post- 2012 | 360 pages | softbound graduate fellowship programs, clerkships, and the New York PN: 41292 ethics laws and regulations. NYSBA Members $40 Non-members $60 Order multiple titles to take advantage of our low fl at rate shipping charge of $5.95 per order, regardless of the number of items shipped. $5.95 shipping and handling offer applies to orders shipped within the continental U.S. Shipping and handling charges for orders shipped outside the continental U.S. will be based on destination and added to your total. Get the Information Edge 1.800.582.2452 www.nysba.org/pubs Mention Code: PUB1415N SUMMER 2012 | VOL. 14 | NO. 1 Government, Law and Policy Journal Contents Board of Editors 2 Message from the Chair J. Stephen Casscles Peter S. Loomis Lisa F. Grumet 3 Editor’s Foreword James F. Horan Rose Mary K. Bailly Barbara F. Smith 4 Guest Editor’s Foreword Patricia K. Wood Daniel L. Feldman Staff Liaison I. Legislation Albany Law School 6 The Sullivan Law at 100: A Century of “Proper Cause” Handgun Licensing Editorial Board in New York State Rose Mary K. Bailly David D. Jensen Editor-in-Chief 16 New York Gun Laws: An Advocate’s View Patricia E. Salkin Jackie Hilly Director, 27 Regulating Guns in New York: Existing State Laws and How Government Law Center They Could Be Strengthened Vincent M. Bonventre Laura Cutilletta and Juliet Leftwich Founding Editor-in-Chief 36 Microstamping: A Cost-Effective Tool in the Fight Against Crime Student Editors Senator José Peralta Daniel Levin 44 Microstamping Guns: A Tool to Help Solve Gun Crimes in New York Executive Editor Assemblywoman Michelle Schimel Alaina Bergerstock II. Constitutional and Statutory Interpretation Oriana Carravetta Stefan Eilts 51 “A Crime to Possess a Firearm”: Does the Second Amendment Jennifer Jack Apply in New York? Stephen P. Halbrook Kevin Rautenstrauch Stephanie Sciandra 57 Gun Law, Policy, and Politics Adam Staier Robert J. Spitzer Catherine Van Auken III. Litigation Senior Editors 65 Not Quite Bulletproof—Gun Litigation Continues Against Corrupt Gun Sellers Editorial Offi ce Despite an Unprecedented Federal Shield Law GLP Journal Daniel R. Vice, Jonathan E. Lowy, and Robyn Long Government Law Center Albany Law School IV. Empirical and Statistical Research 80 New Scotland Avenue 77 Q&A on Firearms Availability, Carrying, and Misuse Albany, NY 12208 Philip J. Cook 518.445.2329 Send Address Changes to: V. Politics Records Department 82 A Stalled Farewell to Arms—Reinvigorating the Gun Control Movement New York State Bar Assoc. Richard Aborn and Marlene Koury One Elk Street 90 Ford Hood and Its Aftermath: An Archetype of Guns and Gun Albany, New York 12207 Violence in America 518.463.3200 Tom Diaz [email protected] VI. Social Action 98 Building a Social Movement Around Gun Violence Prevention Dan Gross and Allison Dickin The Government, Law and Policy Journal welcomes submissions and suggestions on subjects of interest to attorneys employed or otherwise engaged in public service. Views expressed in articles or letters published are the authors’ only and are not to be attributed to the editors, the Government Law Center, or the Association unless expressly so stated. Authors are responsible for the correctness of all citations and quota- tions. Contact the editor-in-chief for submission guidelines. Material accepted for publication becomes the property of the Association. Copyright © 2012 by the New York State Bar Association. ISSN 1530-3942 (print) ISSN 1933-8414 (online). The Journal is published twice a year. Message from the Chair By Peter S. Loomis It does not seem pos- of Delegates in 2009, stands as the Committee’s single sible that it has been three unique achievement of which I will always remain most years since my appointment proud. as Chair of the Commit- tee on Attorneys in Public Now for the frustrations and disappointments, I have Service by then NYSBA previously written about the challenge of attracting more President Michael Getnick, public sector attorneys to bar membership and then ac- and that this is my last tively involving them in bar activities. Our committee, of Message to our readers of course, is dedicated to attorneys in public service, and it the Government, Law and is clear to me that there are still many impediments fac- Policy Journal. The time has ing these attorneys, both external and internal. Public fl own by quickly and my sector attorneys must pay their own yearly membership term will end at the end fees, and there is currently no program which would offer of May. I recall that when public sector attorneys reduced dues across the board and I fi rst assumed this position, I refl ected that I was suc- thereby make membership more attractive. It has been ceeding then-Chair Patty Salkin of Albany Law School’s argued that public sector attorneys, in some cases, earn Government Law Center, an extraordinary leader of this more than those in private practice, so perhaps a reduced Committee who no sane person would want to follow. I membership fee should simply be income based. I am continue to salute Patty’s ongoing work for this Commit- convinced that the current cost of membership stands as a tee and this Association. Indeed, it has been a challenging major reason why the Association does not attract a high- three years for me, with successes of which I am very er percentage of lawyers working in public service. A sec- proud, frustrations and disappointments that I continue ond and most unfortunate reason, having nothing what- to ponder and which require thought and consideration soever to do with money, is that some offi ces employing by this Committee’s future leadership if it is to remain public sector attorneys are simply not at all supportive of viable and vibrant. their staff being active in bar activities. Rather than taking pride in such activities by their staff, some offi ces see bar As to our successes, there can be no question but work as detracting from the time these lawyers devote that this publication continues to be one of our com- to their jobs. I have personally experienced frustrating mittee’s crowning achievements. With each issue, the situations during my tenure when attorneys on this com- Journal continues to impress, and we are indebted to our mittee stated that not only did they not receive support partner in this endeavor, the Government Law Center from their employers, but that they actually felt at risk if at Albany Law School, our editor, Rose Mary Bailly, our they were more active and took on additional committee guest editors over the years, and the students at Albany responsibilities. Volunteer work on one’s own time for self Law School. This publication is a true collaborative effort. improvement and to benefi t one’s profession should never Without the ongoing work and dedication of many indi- be viewed in a negative context. viduals it simply could not exist. While a majority of our committee’s members have I am also extraordinarily proud of the Annual Meet- been active and vital to our work, it is also frustrating that ing programs we have presented over the last three years, many have not. In any organization, motivating members and of our Awards for Excellence in Public Service and to become involved is a continuing challenge for leader- our Citations for Special Achievement in Public Service, ship. Given the initial diffi culty of fi rst attracting the pub- which were fi rst presented under my tenure. We have lic sector member, however, the challenge becomes even mounted programs that have zeroed in on relevant issues greater. The Committee on Attorneys in Public Service is to New Yorkers, and have appropriately honored those now in its 12th year of existence, and perhaps it is time whose public service contributions have been truly exem- for a fundamental review and analysis of the Committee’s plary. These events exemplify what this Committee is all work and mission, an examination aimed at discover- about. ing ways to still accomplish our important core func- tions—publication of the Journal, presenting the Annual As a former Chief Administrative Law Judge prior Meeting program and our Awards and Citations—but yet to my retirement, I will admit to some bias, but promul- signifi cantly broaden our appeal to attorneys who are not gation during my tenure of our Model Code of Judicial yet bar members.