BUFFALO, N.Y. (WBEN) "Right from the beginning there was a conflict with these new gun laws." Vista Security Partner Jeff RInaldo said the new law as it was written pitted one constitutional right, the 1st Amendment (Freedom of Speech) against the 2nd Amendment (Right to Bear Arms).
Rinaldo, a former Captain with the Buffalo Police Department, saw plenty of problems with the law that was approved in June and took effect September 1. He joined WBEN Friday morning.
"Law enforcement can't just go up and start checking people for guns. You would need some sort of suspicion or reasonable cause and short of someone having a gun exposed, you can't do random checks," he said.
Federal Judge Glenn Suddaby of the Northern District also blocked a provision that required applicants to be of "good moral character", and another that made applicants turn over information about their social media accounts.
"It's completely subjective, added Rinaldo. "How do you make that determination of good moral character? If someone is an introvert, does that mean they're of bad moral character? And if they're an extrovert and like to party every night of the week, does that mean they're of less moral character?"
Rinaldo believes the law leans too far toward political and hate speech. "You're walking a fine line between freedom of speech and moral character. It's too subjective," he added. "The rating is totally in the eye of the beholder."
The way that gun laws have been in place for dozens of years is that you have to have character references with people in the community who know you well enough to vouch for you. Rinaldo thinks that is a reasonable standard. But when you start talking about moral character, he said it's rife for abuse.
In his ruling, Judge Suddaby said instead of moving toward become a shall-issue jurisdiction, New York has further entrenched itself as a shall not issue jurisdiction.
"They basically removed peoples' rights to carry weapons with the new law," noted Rinaldo. "You basically cannot carry a handgun anywhere in the State of New York except in your home or in your car.
The judge gave the state three business days to appeal before his ruling takes effect. The State Attorney General has already indicated there will be an appeal.
Rinaldo said at the end of the day, he expects some of the new laws to be rescinded. But there is still a lot of confusion,
he said, over religious institutions.
"I've talked to a couple of clients representing religious institutions. It's not exactly clear what they can do. The law states that they can have a security force. But if you read the definition, you have to be a licensed armed security guard working for a licensed company under contract. I'm not sure that churches, many of which have their own security force, are ok to start arming parishioners. But pastors, rabbis and other leaders can carry a weapon in their institutions," said Rinaldo.
