WPCNR MR. & MRS. & MS. WHITE PLAINS VOICE. August 3, 2006: Carl Albanese, a certified fire arms instructor and videographer has been following the proposed White Plains Air Pistol Ordinance that was mysteriously tabled by City Hall Tuesday. Here is his interpretation of what was behind this ordinance:

Mr. Bailey,

Gun Control is controlling politicians with pen and pencil from depriving Americans from our Constitutional Rights and Civil Liberties. I have no fear of anyone with a gun. I have a fear of misguided ignorant politicians passing laws against my civil liberties. That is more dangerous in a democracy then anyone with a gun!

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Let’s examine from an analytical perspective the theory of political motivation, conclusion, and incentive driving the recent proposed current gun legislation in White Plains, Westchester County.

First a review of the Yonkers air pistol code, which is the model for the White Plains air pistol restrictive proposed code. The Yonkers code being another antiquated 53-year-old archaic code on the books. Adopted May 26, 1953 as G.O. # 17-1953. Chapter 74 Firearms. This code also needs to be removed from the Municipal Code of Yonkers. Just like the 63-year-old Rules of the Common Council in White Plains.

Yonkers Air Pistol Code:

Section 74-1 License required to sell air guns:
Identical to the White Plains code - unlawful for possession and sale of air pistols requiring a license – authorized by the police commissioner.

Section 74-2 Record of Sales:
Identical to the White Plains code – keeping of records open for inspection by the police department.

Section 74-3 Issuance of License:
Identical to White Plains – authorizing the police commissioner to have authority at his or her discretion to issue a license. $10 fee – annual license – delivery point of possession and sale.

Section 74-4 Pistol Permit – Registration Fee – added January 11, 1966 # G.O. 1-1966
Police Commissioner may also issue a permit for spring, gas or air operated pistol to any person who holds a current NYS pistol permit, real gun, shall be registered as the same manor as all other pistols, fee one dollar.

Section 74-5 Discharge of Firearms – added 9-26-1959 G.O. 39-1959
The firing of a gun or pistol or any other firearm in the city shall be prohibited.

Still researching the penalty for violation of the code in Yonkers. White Plains code has a $100 to $500 fine, 30 days in jail and a misdemeanor for life on your rap sheet.

The most flawed sections of the code are 74-3, 74-4, 74-5 and the fact that the code is 53 years old.  Section 74-5 means you can own the air pistol but you can never fire it at a range, in your back yard, basement under safe controlled conditions. Meaning you can’t even use it.

 Section 7-43 means only the police commissioner can authorize the authority to give you permission to own and possess an air pistol.  That is unconstitutional in America. That needs to be taken off the books.

What the code points out is the fact that gun control is nothing new and Mayor’s and city council will look up barbaric codes to restrict the rights of Americans to accommodate their political agendas. Void of any understanding of today’s times and rights.

So the question is, what inspired Mayor Delfino to introduce air gun legislation on July 5, 2006 to be passed by the Common Council on August 7, 2006 and the sudden reversal in policy to withdraw this absurd licensing and criminalization of air gun possession legislation on August 1, 2006.  Clearly a misguided motivation and reversal policy on gun legislation, why?

I have no issue with Mayor Delfino having good intentions with attempting to resolve an issue with the illegal use and misuse of air guns in White Plains. I support finding a solution to criminal misuse of air guns. It is the logic or lack of logic I have an issue with trying to solve this complicated criminal activity. I support the arrest and prosecution without mercy anyone using a firearm to victimize society, including air pistols. But in the process don’t victimize lawful citizens for the actions of criminals. 

That is exactly with this gun legislation will do having no impact on the acquisition of illegal air guns or crime prevention. I suggest you read carefully the scientific studies on gun control across America. It is a nationally failed policy on criminal use of guns. Criminals don’t buy legal guns, don’t go through FBI background checks to own or possess. Fewer guns in the hands of lawful citizens don’t reduce crime; prevent crime or the accessibility to guns. There are no laws for criminals!

Increased law enforcement, prosecution, enforcement of current laws and providing law enforcement with the necessary resources to combat criminal activity is the solution. Gun control doesn’t resolve social illnesses or criminal intent.  It’s a proven flawed archaic approach that politicians and law enforcement still believe prevents crime and gun violence “More gun control.”

More gun control does not work! It’s a failed political policy still being motivated by the anti-civilian political gun culture, anti-gun political representatives, and some law enforcement agencies. Read the reports by scholars and scientific studies.

Reference: Professor Don B. Kates – San Francisco criminologist, professor of constitutional law, civil liberties lawyer – Author, The Great American Gun War; Essays on Firearms And Violence, Professor John Lott Jr. Yale; Author, More Guns less Crime

First it’s necessary to examine the resurgence of the political anti-gun movement in NYS, NY City and Westchester County, increased violent crime – illegal gun violence and possession in Yonkers, air pistol – air rifle criminal misuse in White Plains, illegal gun trafficking gangs, drug dealing, social economic deprivation, poverty, illiteracy, and a mire of social and economic illnesses.  All contributing factors to increased crime statistics in urban cities. Including affluent cities like White Plains, Westchester County.

Reference: Today Journal News: www.lohud.com Opinion section

Two articles on the resurgence of political anti gun agendas in NYS.
“Gunfire in New York” New York City, Mayor Bloomberg – “Fighting Crime” 17 New York counties participating in “Operation Impact” cities and towns in Westchester with high aggressive crime rates of murder, rape, robbery, aggravated, assault, burglary and motor vehicle theft.  155 million dollar state grant awarded to the Westchester District Attorney’s office, police departments in White Plains, Yonkers, Mount Vernon, New Rochelle to help them target gun violence and gun trafficking in the county.

Now if I were the Mayor of White Plains I sure would be on a panic crash course of frantic fear according to this study of White Plains being on the high crime rate cities.  Gee I thought we had a low crime rate and just increased property taxes in White Plains. Now I understand the Mayor’s concern for panic driven gun control.

White Plains doesn’t need more gun control to fight increased murder, rape and gun violence in our city. We the citizens need more guns and training how to use guns to defend our families and loved ones from getting killed by the creatures and slime that crawl the streets of White Plains and Yonkers.  If our crime rate is that high we need to defend ourselves. Rape my wife, criminalize my home and family, enter my home in the middle of the night and you will be shot! I would rather deal with a jury of 12 people and be the last person standing with my wife and family alive.

That is called exercising my Constitutional Rights of self-protection and defending my life, liberty and family. That is why I was born in America, it’s a democracy with  “INALIENABLE RIGHTS” something that can not be taken away, intrinsic rights such as the right to life and with the right tool – instrument (firearm) to protect that right, lawfully and legally. Read the 9th Amendment, First and Second Amendment to our Constitution of America as well. Perhaps read the entire Constitution and the Bill of Rights before passing gun legislation in White Plains.

To answer the question where is this new anti-gun air pistol legislation motivation derived from in White Plains, Why the air pistol legislation was proposed? Obviously increased crime stats by the Commissioner of Public Safety and the crime stats in White Plains and the County. 

Why was the code reversed? Pressure from the citizens of White Plains, a boycott of businesses in White Plains if the code passed, an ill conceived flawed proposed legislation that was wrong, the large protest against the passing of the code, media exposure, angry citizens; And City Hall and the administration needing more time to revise the legislation to pass at a future time. Perhaps at the December meetings when the public is in less attendance.

Crime is on the rise, just like the rise in property taxes. No solution to either one in the county, except to legislate gun control again and tax the NYS taxpayers 1.55 million dollars. If the funds are for law enforcement you have my support, for studies you’re wasting our hard earned tax dollars.

So instead of addressing the core issues of violent crime and misuse of air pistols in White Plains just license all air pistols and the crime will go away.

Nonsense. Again, Hold a Mayor’s forum and a law enforcement forum, don’t invite the public for open dialogue, penalize the citizens of White Plains for owning a product and resurrect the political anti-gun movement with Mayor’s in NYC, Westchester cities and violent crime will be controlled and reduced. Another failed plan and approach; Gun control is not the solution to the fantasy of criminal activity and prevention. 

Read the reports on gun Control by experts in the field of gun studies and national violence.

A message to my elected representatives, I know first hand of the violence of criminal gun use, I have lost loved ones by the criminal abuse of gun violence in my own family. I was an anti-gun person until I explored the truths, lies and myths of gun control being forced down my throat by elected officials and law enforcement.

I don’t support the abuse and misuse of any firearm against society. I do support my civil liberties and the responsible rights of Americans to own a legal product. It is our elected officials responsibility, as elected representatives to support our civil liberties not impose absurd restrictions on them like the amendment to the air pistol code in White Plains. Misguided gun legislation proposed as the result of criminals, illegal guns, political anti-gun agendas and the fear factor to make uneducated decisions about increased crime in our cities. The result, charge $10 for an air pistol license, keep records on law abiding citizens, fine the citizens and impose a 30 day jail sentence and a misdemeanor for life on your record. Just because our elected officials think that is the proper course of action to take to prevent crime.

This one was well thought out – I rest my case to the public.

Carl Albanese
White Plains Resident