Tag Archives: New York

Gun Controllers Want Credit Card Companies to Monitor and Restrict Lawful Purchases

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Now they’re blaming credit cards for violent crimes… Really! NY Times columnist calls for financial institutions to monitor its customers gun purchases. READ MORE

credit cards

SOURCE: NRA-ILA

Gun controllers frustrated that their federal agenda has been repeatedly rejected by Americans through their elected representatives are seeking to restrict gun rights by way of the private financial system. The goal is to pressure financial services companies into either not doing business with the firearms industry and gun owners or to comprehensively surveille their lawful activity.

On December 24, the gun confiscation supporters at the New York Times ran a thinly-veiled advocacy piece by Andrew Ross Sorkin in the news section, titled, “Devastating Arsenals, Bought With Plastic and Nary a Red Flag.” The piece outlined how some of the perpetrators of high-profile mass murders had purchased firearms and ammunition in the same manner that many ordinary law-abiding Americans do, with credit cards.

The online edition of the piece carried the headline “How Banks Unwittingly Finance Mass Shootings,” suggesting that financial services companies were somehow complicit in violence by facilitating the exchange of lawful goods that were ultimately used for criminal purposes. Under such juvenile logic the U.S. Treasury Department should have to answer for all of the unlawful conduct they’ve facilitated by printing dollars and minting coins.

According to the misbranded op-ed, banks and other financial services companies are “uniquely positioned” to monitor gun owner purchasing habits. Under Sorkin’s preferred scenario, credit card companies would require retailers to tag firearms-related purchases with additional data that could be used by the credit card companies to compile information on gun owners. The surveillance data could then be used to flag suspicious purchases for law enforcement.

Moreover, the piece suggests that this data collection could be used to restrict certain types of lawful firearms transactions outright. Sorkin suggested,

Walmart and Dick’s Sporting Goods this year announced that they would not sell firearms to anyone under 21. If banks chose to use the systems they already have in place, they might decide to monitor such customers, perhaps preventing them from buying multiple guns in a short period of time.

To their credit, when asked for comment by the Times’s advocate, the major financial transaction firms expressed a reluctance to violate the privacy of their law-abiding customers. A Visa spokesperson explained, “We do not believe Visa should be in the position of setting restrictions on the sale of lawful goods or services… Asking Visa or other payment networks to arbitrate what legal goods can be purchased sets a dangerous precedent.” A Mastercard spokesperson added that the transaction company values the privacy of their customers’ “own purchasing decisions.”

Sorkin’s “news article” echoes many of the ideas he advocated in a February 2018 Times commentary. Making clear Sorkin has none of the objectivity on this topic one might have expected from a professional journalist pursuing a news story, the earlier piece overtly advocated for leveraging the private financial system to restrict firearms transactions. Sorkin contended that it would take “leadership and courage” on behalf of the financial services industry in order to implement his private firearms restrictions, which included a plan to eliminate commonly-owned semi-automatic firearms “from virtually every firearms store in America.” Were journalistic ethics as integral to the operation of the legacy press as those institutions purport, Sorkin’s authorship of the more recent item may have drawn interest of a forthright editor, ombudsman, or the Columbia Journalism Review.

The Sorkin article is just part of a wider-ranging effort to attack firearms owners through the financial system. In April 2018, Michael Bloomberg’s Everytown for Gun Safety expressed their support for increased credit card company surveillance of firearms transactions. Moreover, the anti-gun organization has developed “guidelines” for financial institutions doing business with the firearms industry. Under the guidelines, firearms manufacturers and retailers would be forced to adopt a host of gun control measures in order to do business with financial services providers.

In 2013, Eric Holder’s Department of Justice instituted Operation Chokepoint. Under the program, the DOJ leveraged the power of the Federal Deposit Insurance Corporation to discourage banks from transacting with lawful businesses they deemed to be “associated with high-risk activity,” including members of the firearms industry.

The anti-gun proposals targeting credit card companies should be of grave concern to all gun owners. As the Federal Reserve regularly reports, consumer use of credit and debit cards is growing. The Federal Reserve Bank of Atlanta’s 2017 Diary of Consumer Payment Choice reported that “[i]n October 2017, the period covered by this DCPC, consumers made most of their payments with cash (30.3 percent of payments), debit cards (26.2 percent), and credit cards (21.0 percent).”

The recent credit card proposals also prompt important questions. Under what a scenario would a gun owner’s purchases be flagged as suspicious or be outright denied? Might the criteria be defined by anti-gun activists to include any volume of firearms-related goods they consider deviant? Gun owners routinely purchase large quantities of firearms products and ammunition for the same reason consumers buy anything in bulk, to save money.

Moreover, gun owners should be aware that any increase in the information that the financial services companies collect may wind up in the federal government’s hands. A June 2013 item in the Wall Street Journal reported that the National Security Agency was scooping large quantities of data from credit card providers. At the time, experts speculated that the NSA would not be able to obtain the exact products an individual purchased, but could see where the purchases were made and the merchant category codes. Changing merchant category code data to be more descriptive is one of the ways control advocates intend to advance their credit card company gun control scheme.

Even those who do not value the right to keep and bear arms but do cherish their other civil liberties should be concerned with the recent credit card transaction proposals. Back in early 2018, when some of these ideas were first floated, Georgetown University Law Professor Adam Levitin pointed out, “There’s a privacy angle here… There’s the slippery slope danger if it’s guns today maybe it is pornography tomorrow and the day after it’s right-wing literature.”

And with even mainstream television fare such as “Friends,” “Seinfeld,” and “The Simpsons” having come under fire by today’s social justice vigilante mob, it’s difficult to imagine any product or service that could be immune from their perpetually outraged sensibilities.

New rules or surveillance procedures imposed by the credit card industry on firearms transactions would have a profound negative effect on gun owners and the firearms industry and pose a broader threat to all liberty-minded Americans. NRA will continue to monitor these efforts and keep our members apprised of any further developments.

The National Rifle Association Sues New York!

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The NRA has filed suit against New York Governor Andrew Cuomo, New York State Department of Financial Services over alleged attack on First Amendment Rights. READ MORE

nra sues cuomo

SOURCE: NRA-ILA

The National Rifle Association of America (“NRA”) last Friday announced that it filed a lawsuit against the New York State Department of Financial Services (“DFS”), New York Governor Andrew Cuomo, and DFS Superintendent Maria T. Vullo alleging violations of the NRA’s First Amendment rights.

Filed on May 11, 2018, in the United States District Court for the Northern District of New York, the lawsuit claims that Cuomo, Vullo, and DFS engaged in a “campaign of selective prosecution, backroom exhortations, and public threats” designed to coerce banks and insurance companies to withhold services from the NRA. The NRA argues that such tactics vastly overstep DFS’s regulatory mandate, and seek to suppress the speech of Second Amendment supporters and retaliate against the NRA and others for their political advocacy. The lawsuit seeks millions of dollars in damages to redress harms inflicted by the DFS campaign.

“Political differences aside, our client believes the tactics employed by these public officials are aimed to deprive the NRA of its First Amendment right to speak freely about gun-related issues and in defense of the Second Amendment,” says William A. Brewer III, partner at Brewer, Attorneys & Counselors and counsel to the NRA. “We believe these actions are outside the authority of DFS and fail to honor the principles which require public officials to protect the constitutional rights of all citizens.”

Among other things, the lawsuit cites a pair of “guidance” letters issued on April 19, 2018, by the DFS to the CEOs of banks and insurance companies doing business in New York. Styled as regulatory “risk management” advisories, the letters encourage institutions to “take prompt actions” to manage “reputational risk” posed by dealings with “gun promotion organizations.” The same day, Cuomo issued a press release in which Vullo directly urged “all insurance companies and banks doing business in New York” to “discontinue[] their arrangements with the NRA.”

The lawsuit claims that the “guidance” letters were accompanied by back-channel communications and targeted enforcement actions, which further reinforced the Cuomo administration’s message that it is bad business in New York to do business with the NRA.

The lawsuit explains that the DFS mandate — preceded by an “investigation” orchestrated by gun-control activists into insurance programs sponsored by the NRA — has already caused several insurance companies to sever relationships with the NRA and to plan to cancel the insurance policies of law-abiding New York consumers. According to the complaint, the directive of Cuomo and Vullo has had its intended effect — to advance Cuomo’s longstanding opposition to gun-rights supporters and to distort insurance markets in the service of a political agenda.

The lawsuit says, “As a direct result of this coercion, multiple firms have succumbed to Defendants’ demands and entered into consent orders with DFS that compel them to terminate longstanding, beneficial business relationships with the NRA both in New York and elsewhere. Tellingly, several provisions in the orders bear no relation to any ostensible regulatory infraction. Instead, the orders prohibit lawful commercial speech for no reason other than that it carries the NRA brand.”

On May 2, 2018 and May 7, 2018, Lockton Companies, LLC and Chubb Ltd., respectively, announced they will pay millions of dollars in fines to DFS and cease doing business with the NRA — for no other reason than many of the insurance programs with which they are associated carry the NRA brand. On May 9, 2018, Lloyd’s of London announced that it is directing insurance underwriters to terminate any existing partnerships [with the NRA].

The lawsuit explains that these outcomes are the culmination of years of political activism by Cuomo against the NRA and gun rights organizations. As recently as April 20, 2018, Cuomo called the NRA an “extremist organization” and urged New York companies “to revisit their ties to the NRA and consider their reputations…”

In the face of such attacks, the NRA continues to educate the public about the Second Amendment, defend the NRA and its members against political and media attacks, and galvanize participation in the political process. The NRA claims that in response, Cuomo and DFS are taking actions to silence the organization.

Citing the Supreme Court’s landmark Bantam Books, Inc. v. Sullivan case, the lawsuit argues that “viewpoint discrimination applied through ‘threat[s] of invoking legal sanctions and other means of coercion, persuasion, and intimidation’ violates the Constitution where, as here, such measures chill protected First Amendment activities.”

Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen’s group. More than five million members strong, NRA continues to uphold the Second Amendment and advocates enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation’s leader in firearm education and training for law-abiding gun owners, law enforcement and the armed services. Be sure to follow the NRA on Facebook at NRA on Facebook and Twitter @NRA.

Brooklyn Lawmakers Want to Severely Tighten Ammo Sales

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If two New York lawmakers from Brooklyn are successful at passing new draft legislation aimed at tightly restricting the sale of ammunition in the state, will legitimate gun owners there turn to reloading Continue reading Brooklyn Lawmakers Want to Severely Tighten Ammo Sales