February 19, 2025

17 thoughts on “Op-Ed: On Gun Control and McKay v. New York – Life Lessons Learned

    1. You are a whiny, little person. We would have bullied you to tears in school, all the way to graduation. In fact, I would bully you at work or in your community today.

        1. I do not use your judgment as my barometer reading of adult or child-like behavior. Yes, I enjoyed a nap, this afternoon, after I enjoyed a lovely woman. Thanks for your concern…and we would have enjoyed bullying you.

      1. Don’t use my name in your opinion piece, understand? You were told about that from someone else before.

        1. “Don’t use my name in your opinion piece, understand?”

          HUH?

          WTF is up with that, tkenny, all the hostility, I mean?

          Isn’t there already enough hostility in the world, tknny, without you adding more to it in here?

          And frankly, tkenny, it sounds like some kind of crazy talk.

          And what about this: “You were told about that from someone else before.”

          I was?

          When was that?

          And why would somebody else be telling me to not use your name in my op-ed, when the position you have taken in this gun control debate is the central topic of the op-ed?

          Was I getting warned off for some reason?

          “P’sssst, hey, buddy, you know what’s good for you, don’t ever use the name tkenny in any of your op-eds, or you’ll be sorry!”

          Is that the warning you were referring to?

          If it is, I blew it off.

          Sorry, but that is just me, you know.

          And tkenny, to clarify matters here for our readers who are positively shocked by your vehemence above here and your threatening tone and think it out of character for you, but now are uncertain, under what obscure rules you operate here in the public domain totally eludes me.

          Truthfully, it does.

          As for me, the rules I operate under here in the public domain when debating Constitutional issues as we are doing in here, where I treat you with the greatest of courtesy as befits your station as a Southern gentleman, in emulation of the conduct towards each other of those who participated in the 1787 Constitutional Convention, are those used by such luminaries of those times such as John Jay, or Noah Webster, or Alexander Hamilton and Jemmy Madison in the Federalist Papers, which were written and published responses to the political writings of others on the subject of government, just as we are doing in here.

          So of course I am going to mention your name when I say what it is that you said about amending or gutting the Constitution that I am responding to in here, because but for you, tkenny, I would have had nothing to write about, and it is important for people just entering this debate to know the important background, which starts with and includes you as the star witness.

          You see what I am saying?

    2. tkenny,

      The Bill of Rights is the first 10 Amendments. None of those amendments has been repealed or modified.

      The Bill of Rights does NOT have 27 Amendments. It has ZERO amendments.

      1. Thank you for making that point, David Cowan, which used to be taught in grade school in this country as I recall it.

        I try to remember a time when I did not know that, but I can’t.

        And I just checked on a children’s American government website, and nothing has changed:

        The Bill of Rights itself cannot be changed.

        The term refers to the first ten amendments to the U.S. constitution.

        end quotes

        That is why it is called the BILL of RIGHTS!

        I thought all Americans were supposed to know that.

        But I guess not.

  1. It’s not just New York, and it’s not just guns.

    I hope this young man ends up wealthy, and that cop is looking for a new job.

    Trooper Joseph Drew had pulled a car over for tailgating and said he smelled marijuana. When a search of the car turned up nothing, he handcuffed the driver and told him to step out of the vehicle.

    The trooper is then seen pulling on blue latex gloves, reaching into the driver’s underwear, and groping his genitals and buttocks while the two stand on Route 206 in Southampton, Burlington County. All the while, trucks and cars pass by on the busy highway.

    In the video, the driver can be heard protesting that he is being sexually assaulted as the trooper repeatedly touches his genitals during a four-minute search of the man’s underwear.

    http://www.philly.com/philly/news/n…fic-stop-joseph-drew-new-jersey-20180407.html

  2. It is indeed interesting and quite revealing that our dear friend and debating opponent tkenny is “Johnny-on-the-spot” in here to tell us that nothing happened here, there is nothing to see here, people, so everybody get back down in your basements and let the authorities do what they know best, which is keeping us all safe, which is bull****.

    Something did happen here, and our dear friend tkenny wants to sweep it under the rug.

    Why?

    Cui bono (who benefits), as the Romans would ask?

    And that answer is not civilized society here in the United States of America.

    What happened here happened because of New York State governor and Progressive Democrat Young Andy Cuomo’s SAFE Act, which is a poorly written piece of crap Young Andy rammed through in New York state after another school shooting in America gave him the crisis he was then able to exploit by getting this piece of crap made law.

    And why is this relevant in Virginia, then, or anywhere else in America for that matter?

    Let’s take a look and see.

    Let’s start with an article from the New York Daily News entitled “Cuomo touts SAFE act as model for U.S. after Florida shooting” by Kenneth Lovett, on Thursday, February 15, 2018, as follows:

    ALBANY — A tough 2014 gun control law enacted in New York has resulted in 75,000 mentally ill people being dubbed by the state as too dangerous to own a firearm, Gov. Cuomo announced Thursday.

    end quotes

    75,000 people in New York State under Progressive Democrat and 2020 Democrat party presidential contender and prospective front-runner Young Andy Cuomo as governor have been “dubbed” by the state as being “mentally ill” and too dangerous to own a firearm, and this Donna McKay just happened to be one of them, which should be a chilling thought to every American citizen, whether they are for guns or not, because what happened to Donna McKay, despite tkenny sloughing it off as nothing to be concerned about, was monstrous and a gross injustice, for which the State of New York suffered exactly no consequences, at all.

    None, people.

    The flawed and poorly written SAFE Act remains just as poorly written and flawed as it ever was.

    Getting back to the Daily News article:

    Cuomo pushed through the SAFE Act in the aftermath of the 2012 Sandy Hook elementary school massacre that resulted in the deaths of 20 children and six school staffers.

    Among the provisions was the banning of assault weapons like the AR-15 used in the Florida school shooting this week and a requirement that mental health providers report to the state if they deem a patient a serious threat to the public or themselves.

    As of December, 75,000 mentally ill people were placed in a state database designed to keep guns out of the hands of unstable and dangerous people, Cuomo said.

    end quotes

    One of those people the opportunist Young Andy Cuomo was calling “unstable and dangerous” just happened to be Donna McKay, who was not unstable and dangerous, at all, but because the SAFE Act pushed through by Young Andy in the aftermath of the 2012 Sandy Hook elementary school shooting was such a poorly-written piece of crap, Donna McKay’s name ended up on that list where it never should have been, but for Young Andy Cuomo, who has been absolved of all responsibility here by the courts.

    Yes, tkenny, the State of New York got to skate, which thrills you greatly, does it not?

    Getting back to the Daily News:

    “The horrific shooting at a school in Florida once again has this nation asking how Congress can in good conscience continue to turn a blind eye to the dangers of gun violence,” Cuomo said.

    “It’s time this nation followed New York’s lead and passed smart gun safety legislation that keeps guns away from those who will use them for evil.”

    “Too many children have died because of Washington’s failure to act.”

    end quotes

    Except as this case clearly demonstrates, at least to those with eyes to see and a functioning brain, New York state did not pass smart gun safety legislation – it passed an unjust law that was poorly written so as to allow injustice to occur.

    Should that be the national model, people?

    The choice is yours.

    What will it be?

    1. Again Paul, what’s the point? The law was amended. It was amended on the Federal side, the side Andy has no power over. What should the national model be, Paul? What’s the answer? Always, asking the question but never offering up an answer/ possible solution. Funny, you said you were for gun control but yet all we see you do if scoff at any attempts. You are just here to show off that superior intellect ( that was sarcasm, if you didn’t read it that way)

      1. HUH?

        Are we talking the same case here, tkenny?

        It appears not.

        And that link you sent us to is a crap spew by the attorney who got her case dismissed, and who was made a fool of in footnote #2 at p. 2 of the decision, as follows:

        Unless otherwise noted, all facts are drawn from the Plaintiff’s Complaint (ECF No. 1)

        The Court notes, that throughout the thirty-three page Complaint, Plaintiff’s factual narrative is presented out of sequence and interwoven with arguments, statistics, and broad based statements like “(t)he Second Amendment is the modern civil rights movement.”

        See ECF at No. 1, at 12.

        With that in mind, the Court feels it appropriate to remind Plaintiff of Federal Rule of Civil Procedure 8(a)(2), which instructs that a pleading “must contain . . . a short and plain statement of the claim.”

        end quotes

        That, tkenny is hardly flattering to the attorney, who did not win anything here, despite the misleading puff piece you are trying to distract us with.

        Look at the Court’s conclusion, tkenny:

        For the reasons stated, the State’s Motion to Dismiss (ECF No. 7) is GRANTED, and Plaintiff’s Complaint (ECF No. 1) is DISMISSED.

        The Clerk of the Court is directed to terminate this case.

        end quotes

        Donna McKay got the boot, tkenny – tossed out of court.

        She did not win anything, and in fact, was humiliated by the Court.

        As to her supposed “victory,” as it was reported by that attorney seeking additional clients with that misleading puff piece you referred us to, this is what the Court stated at p.7, to wit:

        Plaintiff seeks correction of the erroneous “involuntary” classification reported by the State to the NCIS. ECF No. 1, at 31.

        However, the State explains that the requested correction has already been made: “The hospital changed their records from involuntary admission to voluntary admission.”

        “That information has been transmitted to New York State who has corrected their records and transmitted the change to the Federal government.” ECF No. 7-2, at 4-5; see also ECF No. 7-1, at 1-2; ECF No. 13-1.

        As a result, Plaintiff has already received the entirety of her requested relief – the state has corrected her classification and communicated that change to the federal government.

        end quotes

        The Court’s conclusion again was, “Plaintiff’s claims fail to present a live case or controversy for the Court to resolve.”

        She won nothing, tkenny, and no laws were changed at any level, nor was the State of New York restrained in any way by the Court from engaging in this same conduct with others.

        Yes, ultimately after some expense in terms of having to buy her rights back from a lawyer in her first county court hearing, and then more legal expenses in the federal proceeding, where she got her *** tossed out of court, she got her guns back, and her name cleared.

        As to the legal expenses she incurred, the Court said this in footnote #5 at p.7, to wit:

        Plaintiff also requests attorney’s fees under 18 USC § 925A. ECF No. 1, at 31.

        An interest in attorney’s fees cannot confer jurisdiction where the underlying claim is moot.

        end quotes

        The point is that anybody without the money to buy the attorney with has no rights, tkenny, that is the point, although from your ideological perspective, you will never see it as such.

        In your scenario, there is absolutely nothing wrong with people having to buy back their rights from a lawyer, while to me, that is obscene and monstrous.

        And the point is that it never should have happened.

        The point is that Young Andy Cuomo’s SAFE Act is not safe as far as our Constitutional rights go, nor is Young Andy Cuomo to be trusted with our rights, because he is not trustworthy.

        So you are wrong, tkenny, no law was amended.

        As to what the national model should be, tkenny, beats the hell out of me.

        I know what it shouldn’t be, and why, which is what this thread is about.

        So, what’s the answer?

        Keep Young Andy Cuomo out of the White House, and the anti-2d Amendment Progressive Democrats out of power in America.

        And I am for gun control, tkenny.

        People like you should not have access to guns, but you know what, tkenny, I have not yet found a way to keep them from you that does not violate your Constitutional rights.

        When I do find a way to restrict your access to firearms of any sort, I will be the first to let you know.

        1. Hmm, I dunno Paul should I believe the interpretation of the case from a Associate Public Health Engineer or should I lean towards that “crap attorney”

          You know the one who is “… an Attorney and Policy Analyst with a focus on Second Amendment litigation, representing individuals, activist organizations, and FFLs. Who’s work spans individual handgun permit cases to federal civil rights litigation. A common theme among her cases is putting an end to government secrecy, whether the NICS-to-TSDB program by the FBI, the ISARS database of the NYS Police, or any number of Freedom of Information requests. Admitted to practice in New York in 1992, has more than 20 years of litigation experience at the trial and appellate levels ”

          Hmm, a very tough decision.

          1. tkenny, check out my own litigation record, which includes beating the venerable New York State Attorney at the appellate level here in New York State, based on the strength of my legal briefs compared to the crap put out by those fancy hack lawyers.

            And then beating the corrupt Rensselaer County District Attorney in criminal court after being accused of a range of crimes after I was the victim of a politically-motivated hit-and-run assault, where I was accused of hitting the assailant’s vehicle with my body.

            And I read cases, tkenny, not bull**** propaganda intended to suck in even more suckers like Donna McKay.

            Have you bothered to read the actual Court decision that I am quoting from above here?

            Or just the lawyerette’s hype?

            Just curious is all.

  3. Prolix, tkenny!

    You’re in the legal trade.

    You know that word, don’t you?

    Prolix?

    It is a word used by judges and it means using or containing too many words; tediously lengthy.

    The judge was chiding (scold or rebuke) the lawyerette, you know, the one who is “… an Attorney and Policy Analyst with a focus on Second Amendment litigation, representing individuals, activist organizations, and FFLs who’s work spans individual handgun permit cases to federal civil rights litigation with a common theme among her cases being putting an end to government secrecy, whether the NICS-to-TSDB program by the FBI, the ISARS database of the NYS Police, or any number of Freedom of Information requests, admitted to practice in New York in 1992, and has more than 20 years of litigation experience at the trial and appellate levels, for being prolix in that footnote.

    Aren’t first-year law students warned about being prolix, tkenny?

    You know that old law school saw that brings on titters and guffaws from first-year law students when some cool and worldly member of the faculty reminds them to always be brief because the judge is a lawyer with an IQ of 48 who can’t read big words?

    In this case, tkenny, your lawyerette was prolix, and so she p****d off the judge, to the detriment of her client.

    She got her client’s civil rights lawsuit dismissed, and beyond that, she gave the corrupt State of New York a golden opportunity to further harden its position against citizen lawsuits by giving it the opportunity to plead Eleventh Amendment Immunity, to wit:

    Beyond the issues of standing and mootness, the State also asserts its sovereign immunity under the Eleventh Amendment. See ECF No. 7.

    The Eleventh Amendment bars federal claims against states, absent their consent to such suits or an express statutory waiver of immunity.

    Plaintiff argues that the State cannot assert its Eleventh Amendment immunity – she claims that the State’s Eleventh Amendment argument “cannot be made in a motion to dismiss” on Rule 12(b)(6) grounds, and she cites Rule 12(h) to contend that “Defendant waived any defense concerning jurisdiction.” ECF No. 10-3, at 31.

    Plaintiff is incorrect.

    end quotes

    That is your fancy lawyerette being schooled there, tkenny.

    Very amateurish, don’t you think, tkenny?

    For those wondering what claims were made, and then dismissed, the Introduction states as follows:

    Plaintiff Donna McKay brings this action pursuant to 18 U.S.C. § 925A and 42 U.S.C. § 1983 against Defendant State of New York (“the State”) for erroneous reporting to the National Instant Criminal Background Check System (“NICS”) and alleged Constitutional violations. See ECF No. 1.

    Specifically, Plaintiff invokes the Sixth and Fourteenth Amendments to assert a right to counsel for indigent litigants in license hearings related to mental health, and she invokes the Fourteenth Amendment to assert a right to notification of NICS reporting by the State.

    end quotes

    As was stated above, both of those claims were tossed in the judicial ******* by the Obama judge in western New York.

    New York State, which has a long, well-documented history of using supposed “mental illness” as a potent political weapon against its citizens, including myself, as tkenny well knows, emerged completely unscathed, free to commit that same abuse over and over and over again.

    None of that abuse was ended by this bogus lawsuit.

    And that is what this thread is about – those who want people labeled as “mentally ill” so they can’t have access to guns had better come up with a foolproof system to prevent abuses such as happened here if they want support.

    But they won’t, because they can’t, and really, don’t care to.

    They don’t like guns.

    They don’t want people to have guns.

    So they are very tolerant if these people end up getting abused by an abusive system.

    I’m not, especially as a victim of that abuse, myself.

    Hence, the ideological differences in here between tkenny and myself.

  4. So, to recap here, for anyone just stopping by, what happened here to this woman Donna McKay, an American citizen with rights, or so she thought, like you and me, or so we too think, is told by the federal district court as follows:

    On or about April 7, 2015, Plaintiff (Donna McKay) sought voluntary admission to the mental health unit of Soldiers and Sailors Memorial Hospital.

    Her stay lasted less than twelve hours – she sought treatment for an adverse reaction to cough medicine, and she left the next day, when she felt better.

    end quotes

    That 12-hour stay at her own request began for her a legal nightmare, so that she could get her lawfully owned property back from the State of New York.

    The nightmare for her began right here:

    At the time of her admission, Plaintiff confirmed that she had firearms in her house.

    Upon learning that information, the treating physician reported Plaintiff’s stay to the State, pursuant to his understanding of New York’s Secure Ammuniti0n and Firearm’s Enforcement (“SAFE”) Act, N.Y. Mental Hyg. Law § 9.46(b).

    end quotes

    So why should anybody outside of New York State give a damn?

    Good question, and for an answer, let’s take a look at the Rochester Democrat and Chronicle article “Offer ‘real solution’ on gun control, Cuomo tells Democrats” by Joseph Spector, Albany Bureau Chief, published Feb. 23, 2018, for some guidance, as follows:

    Gov. Andrew Cuomo called out his own party over the gun-control debate, saying national Democrats should lay out their own plan.

    Cuomo, speaking with MSNBC’s Rachel Maddow on Thursday night, said Democrats in Washington should propose their own package of bills in the wake of the Florida school shootings Feb. 14, saying it would be a way to move toward a compromise with Republicans who control Congress.

    “I would like to see the national Democrats, frankly, put forth a real bill that defines the problem in actuality and defines a legislative solution in actuality, rather than starting to talk about, well, the best we can get,” Cuomo, a potential presidential candidate in 2020, said.

    “Tell the American people what the real problem is.”

    “Tell them what the real solution is.”

    “Put it out there.”

    Cuomo has cited New York’s SAFE Act passed in 2013 in the wake of the Newtown, Conn., school shooting as a model.

    end quote

    WHOA!

    Stop the press for a second here!

    As this story clearly shows, that SAFE Act of Young Andy Cuomo’s is seriously flawed when it comes to people being falsely accused of being mentally ill and dangerous, which then strips them of their Second Amendment rights, just like that.

    And Young Andy isn’t waiting until he is in the White House to get his seriously-flawed SAFE Act made into the national model.

    According to the Rochester Democrat and Chronicle, New York, New Jersey, Connecticut and Rhode Island have formed their own coalition Thursday to fight gun violence, saying they will better share law-enforcement data.

    “If the federal government won’t act and you can’t get a 50-state solution, well then get what you can and start with state coalitions — and that’s exactly what we’re doing now,” Cuomo said.

    end quotes

    Getting back to the SAFE Act, the Rochester Democrat and Chronicle article continues as follows:

    It bans assault-style weapons and has a database of mentally ill people who cannot buy guns.

    end quotes

    A database of mentally ill people who can’t buy guns.

    HOLY COW – Andy Cuomo is the man, he alone has the courage to safe us from mentally ill people with a gun.

    Let’s make him president.

    But wait a minute, what am I talking there – Young Andy had Donna McKay on his list, of people who can’t buy guns, and she was not mentally ill and dangerous.

    So she was harmed by the SAFE Act, as are some 500,000 other people in New York State according to her lawsuit.

    Said the Court in response: The fact that others may face similar situations does not negate the mootness of Plaintiff’s individual claim (to get her name removed from the list of those whom cannot own guns).

    In the Court’s decision, the Court noted that as follows in the Background:

    Following the treating physician’s report, on April 13, 2015, the New York State Police issued a letter stating that Plaintiff had been involuntarily committed and was therefore barred from possessing firearms under federal law.

    end quotes

    And the nightmare thus began.

    So, is that what we really want for our national model?

    The choice is yours, afterall.

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