Month: April 2020

The National Rifle Association is suing New York state for launching what it calls “pointless and arbitrary attack on the constitutional rights of New York citizens” by closing gun stores as part of Democratic Gov. Andrew Cuomo’s edict to deal with the coronavirus.

On March 20, Cuomo issued an executive order stating that only what he deemed essential businesses could operate.

Gun stores were not on that list, which the NRA’s lawsuit said “effectively and indefinitely suspended a key component of the Second Amendment.”

“This lawsuit redresses a pointless and arbitrary attack on the constitutional rights of New York citizens and residents,” the suit said.

“Defendant Cuomo effectively and indefinitely suspended a key component of the Second Amendment to the United States Constitution — shutting down all gun stores in the State of New York, including federally licensed gun stores, by deeming them ‘non-essential’ businesses.”

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On March 28, the U.S. Department of Homeland Security issued its own guidance delineating which workers were essential and which were not.

“Workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges” were deemed essential, according to the document.

The federal guidance resulted in some areas, such as New Jersey and Los Angeles County in California, which had originally ordered gun stores shuttered, to allow them to open back up.

That has not happened in New York state, prompting the lawsuit.

“There isn’t a single person who has ever used a gun for self-defense who would consider it nonessential,” Wayne LaPierre, CEO & executive vice president of the NRA, said in a statement on the NRA’s website.

“This is clearly another assault by Gov. Cuomo on the NRA, on the rights of New Yorkers to defend themselves and their families, and on our Second Amendment freedoms. The NRA will continue to fight all such attacks until Gov. Cuomo recognizes that constitutional rights are for every New Yorker and every American — and not just for politicians and their privileged friends.”

The lawsuit argued that “Citizens of New York (with few exceptions) can only purchase firearms through a regulatory patchwork entailing federally-licensed dealers and background checks. By closing federally licensed dealers, Defendants have cut off the only way of legally purchasing firearms in the State. As a result of the government’s overreach, most New Yorkers have no legal way to exercise the constitutional right to purchase arms or ammunition.”

“The United States Supreme Court recognizes that the right to keep and bear arms is fundamental and belongs to the individual, not the government. Moreover, a core purpose of that right is self defense,” it added.

“The current public health emergency does not justify impeding the exercise of Second Amendment rights, especially during a time when many New Yorkers have valid concerns about the ability of the government to maintain order — and criminals are being prematurely released from jails,” the lawsuit said, noting the federal guidance issued March 28 by the DHS.

RELATED: New Jersey Sends Ominous Warning After Breaking Up Large Gathering: ‘We Will Crash Your Party’

The lawsuit said there is a clear and present public safety danger to New Yorkers in the current crisis.

“Many New York citizens and residents desiring to purchase firearms and ammunition have experienced empty shelves, long lines and tense atmospheres while shopping for other essential goods,” the lawsuit said.

“They have read about the release of thousands of prisoners by state officials, and they are concerned about the ability of police forces to maintain order when officers fear contact with COVID-19 or have fallen ill themselves.

“The desire of these New Yorkers to purchase firearms and ammunition to protect themselves and their families is rational and well-founded. More importantly, Defendants do not have the right to substitute their own judgment for that of individuals who might want to purchase firearms and ammunition, or to declare that the Second Amendment does not apply until further notice.”

New York State Attorney General Letitia James indicated the state has no intention of allowing gun stores to reopen.

Everyone, including the NRA, must follow the law and all executive orders of New York.

We will aggressively defend the state against yet another legal assault by the NRA.https://t.co/xjFaHikr65

— NY AG James (@NewYorkStateAG) April 2, 2020

But the lawsuit indicated that shuttering gun stores goes beyond what is necessary to deal with the virus.

“Defendants’ closure of firearms retailers is a cynical and pretextual attack on the Second Amendment rights of the people of New York,” the lawsuit said, noting that Cuomo has considered as essential “sales of goods such as liquor, pizza, coffee, donuts, and luxury condominiums.”

“History reminds us that incursions upon constitutional liberties which are rationalized in the midst of an emergency frequently linger longer, and do more harm, than the emergency itself,” the suit said.

“Reasonable steps to prevent the spread of the COVID-19 coronavirus do not include the suspension of the Second Amendment.

“Plaintiff asks the Court to declare that the Second Amendment right to bear arms requires that citizens and residents of New York be afforded reasonable access to purchase firearms and ammunition, and to prohibit Defendants from needlessly forcing gun stores to remain closed.”

We are committed to truth and accuracy in all of our journalism. Read our editorial standards.

Officials in Kentucky are warning citizens to be aware after multiple fake COVID-19 testing sites popped up in the Louisville area this week.

As health care workers, government officials, first responders and private citizens in the Louisville metro area work for the betterment of public health during the global COVID-19 pandemic, there are those seeking to take advantage of fear and uncertainty surrounding the novel coronavirus by scamming unsuspecting citizens.

WAVE reported scammers are duping would-be patients who have shown symptoms or are afraid they might have been exposed to the virus by performing fake COVID-19 tests and charging them exorbitant fees.

A woman named Shannon Wilson fell for the scam, telling WAVE she does not want to see other people make the same mistake.

Wilson said it all began for her when she started having trouble breathing two weeks ago. She described to WAVE how she followed the recommended steps from health experts, and was told to self-isolate.

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Eventually, a colleague told her about a drive-thru COVID-19 testing site at a church in the city’s Shelby Park neighborhood.

She described the scene at the Sojourn Church Midtown, where one of the fake sites popped up.

“[Scammers] were in their full get-up; they had white uniforms on, masks on, they even gave me a mask because they didn’t want me to cough on them,” she said.

She added that “she was asked a series of questions by women who were dressed as nurses,” WAVE reported.

Wilson said she paid $40 for a phone call with a person she thought was a doctor. The person then recommended she get a COVID-19 test for $200 more.

She said at that at the church parking lot, the scammers performed a fake test by swabbing her throat, and not her nasal cavity — which is how current tests are administered.

“I feel violated,” Wilson said. “You just have to be leery because these people are truly demonic.”

Wilson eventually obtained a genuine COVID-19 test and is awaiting results.

Jack Brannen, director of communications for the Sojourn Collective, said in a statement the church agreed to allow the fraudsters to use its parking lot for three days, but asked them to leave after two days due to concerns over their behavior.

RELATED: NRA Sues NY for ‘Effectively and Indefinitely’ Suspending Part of the 2nd Amendment

Brannen said his church was contacted by an unnamed group about using its property, and agreed to open up its parking lot in order to help make testing available for community members.

“As testing continued through Tuesday, we developed some concerns and further questions about the organization, chiefly their compliance with city and state requirements,” Brannen said in a statement on the Sojourn Church website.

“Although it wasn’t our event, we felt uncomfortable allowing them to continue to use our parking lot. Ultimately, we asked them not to return for testing on Wednesday.”

WDRB reported some scammers are after more than just cash; they are also potentially collecting personal information and might use it to pursue false Medicare and Medicaid claims.

Louisville Metro Council President David James said he confronted scammers at one of the fake locations near downtown Louisville, WDRB reported

“It’s a scam,” he told the outlet. “They would test somebody and use the same gloves they used on the person before. They get your $240 dollars plus they can turn in fake Medicaid claims.”

James said the only drive-thru testing location currently available in the city is located at the University of Louisville, and is by appointment only.

Kentucky Gov. Andy Beshear took to Twitter to warn of COVID-19 scams in his state, and asked citizens to report any unusual activity:

Scammers are taking advantage of #COVID19. From unemployment scams, to fake testing, it’s important we report these incidents to the @Kyoag‘s office. Call 1-888-432-9257 or report online https://t.co/5jZKTR7rAV

— Governor Andy Beshear (@GovAndyBeshear) April 2, 2020

The Louisville Metro Police Department also offered information on how to avoid falling victim to scammers during the coronavirus pandemic:

Pay no attention to the scammers out there… get your official COVID info HERE: https://t.co/GLXpBOJ0eXhttps://t.co/9B0tPQi6Im
or call the state COVID-19 hotline: 1-800-722-5725
R/T #LMPD

— LMPD (@LMPD) April 1, 2020

State health officials say that people who have been exposed to the coronavirus or are showing symptoms should only obtain testing through their doctor until an official announcement is made that more testing locations are available.

“You shouldn’t be handing over your hard-earned, precious money to get pop-up testing anywhere,” Kentucky Health Commissioner Dr. Steven Stack told WDRB.

Concerns of fraud surrounding the COVID-19 crisis are not limited to Kentucky.

The Department of Justice is asking citizens nationwide to be aware that criminals might attempt to profit from the crisis.

“The Department of Justice is remaining vigilant in detecting, investigating, and prosecuting wrongdoing related to the crisis,” the DOJ wrote on its website.

Attorney General William Barr told U.S. Attorneys in a memo, “The pandemic is dangerous enough without wrongdoers seeking to profit from public panic and this sort of conduct cannot be tolerated.”

The department further warned the public not to fall for scammers who might be selling fake cures for the coronavirus online.

If you suspect fraud relating to the COVID-19 pandemic, you are asked by the DOJ to contact the National Center for Disaster Fraud Hotline by telephone at 866-720-5721, or by email at disaster@leo.gov.

We are committed to truth and accuracy in all of our journalism. Read our editorial standards.

Michigan Gov Threatened Docs Who Used Promising COVID-19 Drug, Now She’s Begging Trump for It

On Thursday, Sen. Chuck Schumer wrote a letter to President Trump, accusing him of failing in his leadership, thereby creating a void that “left America with an ugly spectacle in which States and cities are literally fending for themselves, often in conflict and competition with each other….” (California’s Governor, Gavin Newsom, by the way, would disagree.) Schumer further insisted that the only way to solve this alleged leadership failure would be for Trump to hand his responsibilities to a military officer who would then take over the country through the Defense Production Act.

Schumer’s attack on President Trump was not only a lie from start to finish, it represented an unadulterated will to power. If this were 1942 and Schumer thought that rooting for the Nazis would win him the White House, that’s what he’d do.

For Trump, the counterpuncher, Schumer’s vile accusations on Senate letterhead required a knockout blow and Trump’s responsive letter to Schumer is that blow. The opening line sets the tone: “Thank you for your Democrat public relations letter and incorrect sound bites, which are wrong in every way.”

Following that first blow, Trump proceeded to pummel Schumer. In his terse response, Trump reminded Schumer of the following:

1. President Trump had long ago assigned oversight of the federal COVID-19 response to Vice President Pence, adding, “By almost all accounts, he has done a spectacular job.”
2. President Trump has already been using the Defense Production Act to buy “billions of dollars’ worth of equipment, medical supplies, ventilators, and other related items.” Importantly, because of the power of the DPA, the administration hasn’t had to use it. Instead, the threat is enough to make businesses fall in line.
3. “A ‘senior military office’ is in charge of purchasing, distributing, etc. His name is Rear Admiral John Polowczyk. He is working 24 hours a day, and is highly respected by everyone. If you remember, my team gave you this information, but for public relations purposes, you choose it ignore it.”
4. The federal government has gotten all sorts of emergency supplies to New York. The problem with New York is that it was “very late in its fight against the virus.” Further, under our federal system, the states, not the federal government, are the front line. “Unfortunately,” writes Trump, “your state needed far more of a back-up than most others.”

Having disposed of Schumer’s dishonest narrative, Trump wound up for the knockout blow: If Schumer and his party hadn’t been so focused on impeachment, and had instead focused on New York, the state would have been better prepared for the virus. “No wonder,” the President added, “AOC and others are thinking about running against you in the primary. If they did, they would likely win.”

That may have been the knockout blow, but the President isn’t above kicking someone as malevolent and useless as Schumer, even when the latter is down. Trump added that others in New York – notably Cuomo and DeBlasio – have been trying to be useful, while Schumer has been useless. He also reminded Schumer that Schumer’s open dislike for Cuomo shouldn’t prevent him from working for the people of his state.

In closing, Trump said that, despite having known Schumer for a long time, until he became president, he “never knew how bad a Senator you are for the state of New York.” And then, with a last kick at Schumer’s inert body, Trump offered a snide, disdainful sign-off: “If you have any questions, please do not hesitate to call. Or, in the alternative, call Rear Admiral Polowczyk.”

That, my friends, is how you respond to a letter that is entirely composed of ambition, distraction, uglification, and derision, mixed in with dollops of malice, lies, and a raw hunger for unearned power.

Schumer, of course, did what all bullies do when someone calls them on their efforts to intimidate: He cried foul. Having started the fight, and then lost, he instantly whined that he was “appalled” and clucked that Trump should “just stop the pettiness.”

The usual handwringers (here’s an example), sided with Schumer, saying that Trump’s conduct was unpresidential. The handwringers are wrong.

None of us have forgotten that Bush responded with gracious, dignified silence to the calumnies that Democrats hurled against him. Unfortunately, Bush’s silence gained him nothing and, indeed, lost him political ground by allowing lies to stand unchallenged.

Americans voted for Trump in part because they didn’t want a repeat of the Bush years. As Evan Sayet wrote a long time ago, Trump is a winner because “He fights.”

Kudos to President Trump for a successful ground-and-pound against a type of man we all know: the schoolyard bully, someone everyone agrees needs to be beaten and beaten soundly.

On Thursday, Sen. Chuck Schumer wrote a letter to President Trump, accusing him of failing in his leadership, thereby creating a void that “left America with an ugly spectacle in which States and cities are literally fending for themselves, often in conflict and competition with each other….” (California’s Governor, Gavin Newsom, by the way, would disagree.) Schumer further insisted that the only way to solve this alleged leadership failure would be for Trump to hand his responsibilities to a military officer who would then take over the country through the Defense Production Act.

Schumer’s attack on President Trump was not only a lie from start to finish, it represented an unadulterated will to power. If this were 1942 and Schumer thought that rooting for the Nazis would win him the White House, that’s what he’d do.

For Trump, the counterpuncher, Schumer’s vile accusations on Senate letterhead required a knockout blow and Trump’s responsive letter to Schumer is that blow. The opening line sets the tone: “Thank you for your Democrat public relations letter and incorrect sound bites, which are wrong in every way.”

Following that first blow, Trump proceeded to pummel Schumer. In his terse response, Trump reminded Schumer of the following:

1. President Trump had long ago assigned oversight of the federal COVID-19 response to Vice President Pence, adding, “By almost all accounts, he has done a spectacular job.”
2. President Trump has already been using the Defense Production Act to buy “billions of dollars’ worth of equipment, medical supplies, ventilators, and other related items.” Importantly, because of the power of the DPA, the administration hasn’t had to use it. Instead, the threat is enough to make businesses fall in line.
3. “A ‘senior military office’ is in charge of purchasing, distributing, etc. His name is Rear Admiral John Polowczyk. He is working 24 hours a day, and is highly respected by everyone. If you remember, my team gave you this information, but for public relations purposes, you choose it ignore it.”
4. The federal government has gotten all sorts of emergency supplies to New York. The problem with New York is that it was “very late in its fight against the virus.” Further, under our federal system, the states, not the federal government, are the front line. “Unfortunately,” writes Trump, “your state needed far more of a back-up than most others.”

Having disposed of Schumer’s dishonest narrative, Trump wound up for the knockout blow: If Schumer and his party hadn’t been so focused on impeachment, and had instead focused on New York, the state would have been better prepared for the virus. “No wonder,” the President added, “AOC and others are thinking about running against you in the primary. If they did, they would likely win.”

That may have been the knockout blow, but the President isn’t above kicking someone as malevolent and useless as Schumer, even when the latter is down. Trump added that others in New York – notably Cuomo and DeBlasio – have been trying to be useful, while Schumer has been useless. He also reminded Schumer that Schumer’s open dislike for Cuomo shouldn’t prevent him from working for the people of his state.

In closing, Trump said that, despite having known Schumer for a long time, until he became president, he “never knew how bad a Senator you are for the state of New York.” And then, with a last kick at Schumer’s inert body, Trump offered a snide, disdainful sign-off: “If you have any questions, please do not hesitate to call. Or, in the alternative, call Rear Admiral Polowczyk.”

That, my friends, is how you respond to a letter that is entirely composed of ambition, distraction, uglification, and derision, mixed in with dollops of malice, lies, and a raw hunger for unearned power.

Schumer, of course, did what all bullies do when someone calls them on their efforts to intimidate: He cried foul. Having started the fight, and then lost, he instantly whined that he was “appalled” and clucked that Trump should “just stop the pettiness.”

The usual handwringers (here’s an example), sided with Schumer, saying that Trump’s conduct was unpresidential. The handwringers are wrong.

None of us have forgotten that Bush responded with gracious, dignified silence to the calumnies that Democrats hurled against him. Unfortunately, Bush’s silence gained him nothing and, indeed, lost him political ground by allowing lies to stand unchallenged.

Americans voted for Trump in part because they didn’t want a repeat of the Bush years. As Evan Sayet wrote a long time ago, Trump is a winner because “He fights.”

Kudos to President Trump for a successful ground-and-pound against a type of man we all know: the schoolyard bully, someone everyone agrees needs to be beaten and beaten soundly.