WPCNR MR. & MRS. & MS. WHITE PLAINS VOICE. July 23, 2006: A reader has written the following letter to the Common Council members of White Plains, and is concerned that none have responded. The letter talks about the constiutional violations the reader feels will be committed if the Common Council passes a regulation requiring registration of Air Pistols. Perhaps the members of the Common Council can clarify the credibility of the rumored window smashing incident referred to in this letter as the motivation for the city's  creation of the new Air Pistol code, referred to by the reader. (The identity of the public officials said to have suffered a window smashing by pistol incident, has been withheld, but the identities were in the original letter to the Common Council.)

July 21, 2006


Common Council Members
225 Main Street
City Hall
White Plains. New York

Dear Common Council members,

Recently I wrote to each Common Council member
individually requesting to have an exchange of
dialogue with you concerning the restrictive Air
Pistol and Air Rifle Code: Selling and Possessing code
amendment 5-1-4 you will be imposing on the citizens
of White Plains.

To date I have not received a response in an attempt
to have you explain to me and to the citizens of White
Plains the reason why you are imposing another
restrictive code on the civil liberties and
constitutional rights of lawful citizens in White
Plains.  I would like to know the justification for
imposing such a restrictive code, your position on the
issue and how you intend to vote on this absurd code.
(More)

I and many other residents would like to know if that is in fact, true:
If so does such an over reaction dictate the necessity
to create a law criminalizing lawful citizens in White
Plains for the possession of an instrument that is
spring, gas or chemical propelled with a 30 day jail
penalty and a criminal misdemeanor. Paul Wood
Executive Director of White Plains and Corporate
Council informed me that the Commissioner of Public
Safety wrote the code. Is that also a fact?

I find the introduction of this amendment to the
Municipal Code to be absurd, a ridiculous attempt by
this administration to control our civil liberties and
deny the citizens of this city the right to lawfully
own a perfectly legal product. Denying us of our
rights as the result of an emotional over reaction to
the unlawful use and abuse of an air pistol by
teenagers engaging in unlawful conduct. We have laws
on the books to punish such illegal activities and now
you are proposing laws to punish innocent citizens in
possession of an instrument that propels a projectile
by spring, air, or chemical.

You are proposing that the sale of such instrument
requires the authorization and licensing by the
Commissioner of Public Safety (police Department) and
the use of such instrument be expressly approved by
the Common Council for which a certificate of
occupancy has been issued permitting the use of the
premises for activity involving such instrument.
Record keeping for the sale and possession open for
inspection by the police department only: I thought we
had a law called invasion of privacy.

Definitively that is what the code states, as I
understand this ugly work of art here. Citizens will
now have to be authorized, approved and have a
certificate of occupancy permitting the use on
premises. What discretion is being employed here
empowering the Commissioner of Public Safety to
approve or deny any individual the right to posses and
be licensed? Is the litmus test for a license and
approval based on color, race, religion, nationality,
social demographics, income, male, female, poverty
level, age or personal friendship? What will be the
determining factor of standards to follow for approval
by the commissioner?

Will I be licensed for one individual instrument or
must I register all 99 of my child’s plastic firing BB
guns and nurfe spring-loaded guns.  Will my nine year
old son have to be licensed to fire and possess a
plastic spring fired toy at a fee of $10.00 annually
for his Daisy  $19.00 Red Rider target air rifle. If
he doesn’t register it with the police commissioner
will he be arrested or will his parents be arrested,
which parent will be arrested and placed in jail for
30 days?

Please inform me if I have to be a white citizen or a
minority citizen living in a private home or an
apartment to obtain the license to posses and own with
the commissioner’s authorization. Please ask the
commissioner if an FBI NICS check is going to be
required and what the future rules and regulations
will be on home storage and access to my plastic
firing BB guns.  Will my 9 year old and my 18-year-old
son have to hold a license for their own spring fired
plastic BB guns or can my wife have a blanket license
for all of us and our 99 owned plastic BB guns? What
will be the disposal procedures when one of my son’s
plastic BB guns breaks?  Do I return the license and
broken BB gun to the Commissioner of Public Safety and
get a refund on my license? Will the commissioner
destroy our family public records after I return the
license and BB gun?

Please inform me what the transporting regulations
will be entering and leaving the zoning of White
Plains with a spring firing instrument. What are the
rules and regulations for non-residents of White
Plains? Scarsdale, Hartsdale and family members from
out of state who bring their gas operated paintball
guns into White Plains or to my home.  Will the
commissioner issue a day registration license and be
open 7/24 to obtain the license, what will the fee be
for non-residents?

When I leave Walmart, Targets or Sports Authority in
White Plains after purchasing my paintball gun or
plastic firing BB gun will the commissioner be there
so I can register it and legally obtain my license for
my wife and children.

Will I need to lock it up in my trunk until I reach my
approved premises of operation? Please inform me of
the future rules and safety regulations on air pistol
and air rifle purchasing and transportation rules
within White Plains. Will White Plains have a
1000-foot no school zone for paintball guns and
plastic BB guns?

Will parents be arrested at the point of purchase at
Walmart, Target, and Sports Authority for purchasing a
spring firing instrument, or will a license be issued
at these places of business. What is the age
requirement for purchasing and possession? Will I be
permitted transfer of my plastic BB gun to my son,
wife neighbor for usage and recreation target
practice, or does my family have to leave White Plains
to enjoy plastic BB target practice? What will happen
to the current owners of air pistols and air rifles?
What will happen to historical collectors of such
instruments?

Like the 1977 Comprehensive Plan and the Comprehensive
Plan Review Committee do to you have a comprehensive
plan and public process review planned to review the
ramifications of this restrictive code.  Has the
Common Council, the Mayor and the Commissioner of
Public Safety consulted with legal experts and
qualified professionals in the use of firearms and
firearm law.

Has the administration investigated the various
instruments air pistols and air rifles that fall under
the possession and sale of this restrictive law. Has
the administration conducted a study on the cost of
this program to tax payers annually for the
administrative costs, manpower, police labor, and
record keeping computer storage costs. Has the Common
Council projected the increased revenue to the city
for this program and what the revenue will be used
for? Does the Common Council have an educational
program planned to inform the 53,000.00 residents and
business such as Walmart, Target, Sports Authority
informing them of the licensing procedures and the
restrictions on the sale and possession of spring, air
and chemical fired instruments. What will be the fine
to these corporations?

Has the Common Council given these issues serious
thought and consideration?

Questions many of us would like answered impacting our
quality of life, my families’ quality of life, and our
rights as citizens living in White Plains.

Once again we request to have an exchange of dialogue
with our Common Council members and hold a public
meeting with the Mayor and the Common Council prior to
the next Common Council meeting on August 7, 2006.
There are many citizens that would appreciate having a
collective exchange on these issues with our
representatives to resolve this issue within our
communities.

I look forward to hearing from my Common Council
members.

Thank you,

Carl Albanese
White Plains Resident
Nationally Certified Firearms Safety Instructor.