PA lawmakers weigh in on NY proposal to introduce social media checks for gun permits

[livingston]

PA lawmakers weigh in on NY proposal to introduce social media checks for gun permits
WBRE) - Should law enforcement be allowed to check a person's social media posts as part of background checks when purchasing handguns? New York state is considering that possibility and the bill is sparking a new gun control debate across the country.

New York State Senator Kevin Parker's bill would require people trying to purchase a handgun to turn over login information to allow law enforcement to look at three year's worth of social media postings. Licenses could be denied if investigators uncover threats of violence, terrorism, or racial or ethic slurs.

Pennsylvania State Senator John Yudichak from Luzerne County does not support the bill. He does not believe a similar bill would ever see the light of day in the Keystone State.


"It sounds like a good idea, but if you look hard at the issue it's invasive, it's impractical and almost impossible to execute," Senator Yudichak said.

Luzerne County Sheriff's Office does nearly 150 gun permit criminal background checks each week. The sheriff says his staff is already undermanned and overworked.

"To me it comes down to feasibility. Whether or not we'd be able to do it and can we do it efficiently and effectively," Sheriff Brian Szumski said.

Attorney Barry Dyller handles civil rights cases and he believes social media checks can be used to keep people safe.

"I don't see any problem with it to the extent that we as a society are doing background checks and that seems like a perfectly legitimate place to see what people are saying to see if they have any bad intent," Dyller said.

Critics of the New York bill say tracking social media posts would be nearly impossible task since many people use false identities on social media.
PA lawmakers weigh in on NY proposal to introduce social media checks for gun permits

 

[livingston]

According to the bill, officials would look for posts or searches with threats, mentions of terrorism, profane slurs or biased language used to describe race, color, gender, sexual orientation, and religion. If authorities found anything, the pistol permit would be denied.
https://www.mytwintiers.com/news/la...for-pistol-permit-applicants-in-ny/1614350740

 

[ArmedCorgi]

Attorney Barry Dyller handles civil rights cases and he believes social media checks can be used to keep people safe.

"I don't see any problem with it to the extent that we as a society are doing background checks and that seems like a perfectly legitimate place to see what people are saying to see if they have any bad intent," Dyller said.

This guy needs to be disbarred.

 

[Blimey]

Have any NY lawmakers called out this cretin for the bill?

 

[@thewheels]

"To me it comes down to feasibility. Whether or not we'd be able to do it and can we do it efficiently and effectively," Sheriff Brian Szumski said."

Yeah, that's reassuring.
A sheriff concerned with the efficiency/effectiveness of upholding a law that requires trampling the 1st and 4th amendments.

 

[livingston]

Handgun buyers would have to give cops social media passwords under New York proposal

Read more here: Handgun buyers would have to give cops social media passwords under New York proposal
Text of the legislation says “the New York state police shall, after obtaining the licensee’s consent … and obtaining any log-in name, password or other means for accessing a personal account … review a licensee’s social media accounts for the previous three years and search engine history for the previous year.”



The stated purpose of the law is figure out whether anything on the applicants’ social media or search engine results present “good cause for the revocation of a license.”


But what does “good cause” include?

Under the bill, police are instructed to watch for posts that include profane slurs or biased language related to race, color, ancestry, gender, religion, age, disability and sexual orientation. Other red flags would include threats to other people and acts of terrorism that turn up in the search, the legislation said.

Critics said the bill opens the door for discrimination.

“Are we going to deny permits because a person goes to church or goes to a mosque?” asked Sheldon Boyce, an attorney with Brenna Boyce PLLC, WROC reported.

He questioned the constitutionality of the proposal as well.


“In the case of Heller vs District of Columbia in 2008, the US Supreme Court held that the possession of a handgun in the home is a fundamental constitutional right so anything that infringes upon that right is subject to challenge,” Boyce said, WROC reported.

Boyce added that “the judge who grants or denies a permit has fairly broad digression under New York State law,” according to the TV station.

Gun control advocates argued that more gun control is needed — particularly looking into the backgrounds of those hoping to purchase weapons.

“There should be more restrictions on how guns are purchased. We should have more background checks,” said Paul McQuillen, director of the Buffalo chapter of New Yorkers Against Gun Violence, which hasn’t yet backed the bill, WKBW reports. “We’ve obviously seen some of the mass shooters have a social media history that should have sent red flags.”

The bill is in the state Senate’s rules committee, according to the legislature’s website.


New Yorkers have to recertify their pistol licenses every five years, according to state police. Applicants for the license are already required to submit their criminal history, mental health history and offer character references. They have to be over 21 and can’t have felony or serious offense convictions.

 

[Defilade]

New York State Senator Kevin Parker's bill would require people trying to purchase a handgun to turn over login information to allow law enforcement to look at three year's worth of social media posting

OK Assholes! My login is "Come and take it"

 

[gun_slinger_boy]

Is anyone going to ask... how would they know if you even had a social media account? I know it's hard for the zombies of today to even conceive not using social media but wouldn't they have to prove you have social media first to demand your login info? Or will that be a way of denying you? "Oh you don't use social media? We think you're lying. Denied." Never mind using fake aliases and setting up fake accounts. Just another failed measure to solve something that isn't the problem in the first place.

 

[Defilade]

I don't recall a "check" on whether you can have a Social Media account to Facebook, Twitter etc... to exercise your 1st Amendment right. How in the world can this go anywhere?

 

[prambo]

I don't recall a "check" on whether you can have a Social Media account to Facebook, Twitter etc... to exercise your 1st Amendment right. How in the world can this go anywhere?

Because...communism. McCarthy was right all along.

 

[Shadow2]

when they ask for a password you tell them to scratch. When they ask for your guns you tell them to go scratch.

I don't recall a "check" on whether you can have a Social Media account to Facebook, Twitter etc... to exercise your 1st Amendment right. How in the world can this go anywhere?

 

[masterswimmer]

Coming soon to a court near you. Some people relinquish their logon data and password. The database gets hacked and not only is your personal data stolen but now your passwords and login data is compromised.

Prove to the masses that they can protect this information with 100% surety otherwise the courts can't even uphold this drivel legislation.

That's above and beyond the infringement illegality.

FUAC

 

[byron]

sounds like it will couse a lot of lawsuits even with signed consent becouse they are doing it under a threat you consent or else you lose your permit or they don't issue one to you.


Held: When the subject of a search is not in custody and the State would justify a search on the basis of his consent, the Fourth and Fourteenth Amendments require that it demonstrate that the consent was in fact, voluntary; voluntariness is to be determined from the totality of the surrounding circumstances. While knowledge of a right to refuse consent is a factor to be taken into account, the State need not prove that the one giving permission to search knew that he had a right to withhold his consent. Pp. 223-249.

Voluntary being the key word

¶ 1 Although the Fourth Amendment generally prohibits warrantless searches, they are permitted if there is free and voluntary consent to search.

 

[Brian Colt]

Is this forum considered social media?.

 

[BDinPutnam]

I'm just going to jump on the original story.

I'm an old school Federalist type.

I'm a New Yorker, I think this law sucks ass.

Who gives a rat's what PA politicians think of it? If they oppose it so much they should become New Yorkers, stand for office here, and do something about it.

Otherwise, thanks for the support.

 

[MadScientist]

This kind of law scares the shit out of me because I’m prolly one of the handful of 20-something’s in this country without any social media, no Facebook, no twitter, no google account. I’m a bit parnoid of the govt.
But if I walk into the sheriff and say that will they believe me? Will they think I’m lying to cover up my nonexistent evil terrible social media posts? And how do you even prove a negative? Prove that I don’t have something? It’s insane. I’d probably be denied a license for being too “not normal”

 

[MadScientist]

sounds like it will couse a lot of lawsuits even with signed consent becouse they are doing it under a threat you consent or else you lose your permit or they don't issue one to you.


Held: When the subject of a search is not in custody and the State would justify a search on the basis of his consent, the Fourth and Fourteenth Amendments require that it demonstrate that the consent was in fact, voluntary; voluntariness is to be determined from the totality of the surrounding circumstances. While knowledge of a right to refuse consent is a factor to be taken into account, the State need not prove that the one giving permission to search knew that he had a right to withhold his consent. Pp. 223-249.

Voluntary being the key word

¶ 1 Although the Fourth Amendment generally prohibits warrantless searches, they are permitted if there is free and voluntary consent to search.

Wow this is especially good intel, thanks for posting this. Especially true when taken in regard to you having a right to keep a handgun, as per heller vs DC.

 

[gun_slinger_boy]

Who gives a rat's what PA politicians think of it? If they oppose it so much they should become New Yorkers, stand for office here, and do something about it.

If New Yorkers oppose the law so much they should become Pennsylvanians.

Will they think I’m lying to cover up my nonexistent evil terrible social media posts? And how do you even prove a negative? Prove that I don’t have something? It’s insane. I’d probably be denied a license for being too “not normal”

This is exactly what I was getting at in my previous post. I feel it'll be used to revoke.

 

[STS556]

At least with Facebook, you can change your name to anything as often as you want and still have the same account and not lose all your information or contacts. I only have Facebook for social media and I am on a few forums but none of the forums use my real name.

 

[Deplorable Me]

Licenses could be denied if investigators uncover threats of violence, terrorism, or racial or ethic slurs.

How many Pollacks does it take to investigate a NY pistol permit background check?

 

[Jmac]

Class action suit against NYS & Cuomo I see this in the future, violations of Constitutional Rights & Amendments

 

[Criticalt]

This puts alot of people like many of us here in a bit of a pickle.
I do not have any social media accounts.
This site does not have my name or address.....sorry mods, that name aint me.
I have no internet or cell phone in my name.
So, this law will not affect me.......but.......
I still will not comply.
I will wholeheartedly refuse.

Realize this.....95% of us on this site would lose our permits under this law.
Simply saying that you disagree with Sharia law and dont want unvetted middle eastern migrants and latinos to flood our borders, will cause you to lose your permit.
Saying words like muzzies, camel jockeys and wetbacks will cause revocation of your permit.
One disparaging word about transsexuals, you will lose your permit.
Calling a tranny mentally ill.......and using the word tranny......you will lose your permit.

This isnt about violent statements or terrorist activities. This IS about forcing the public to conform to "proper thinking" at the barrel of a gun........ironic isnt it?

 

[Criticalt]

Shit, I just lost my permit about 16 times in one post.

 

[Criticalt]

One more point.
Words are not violent unless they are a call to action.
My grandpa used the n-word, towel heads, wetbacks, fag.......his whole miserable life.
However, he was a great family man and never started a fight or caused any violence.
He was just an uneducated crotchety old bastard who believed all the worlds woes were caused by cultural differences.

 

[gun_slinger_boy]

He was just an uneducated crotchety old bastard who believed all the worlds woes were caused by cultural differences.

I think there might be some truth to this no?

 

[Criticalt]

I think there might be some truth to this no?

Yes but he believed it was the Japanese and Russians that caused most world problems. Different times, he died in 1984.

 

[livingston]

This puts alot of people like many of us here in a bit of a pickle.
I do not have any social media accounts.
This site does not have my name or address.....sorry mods, that name aint me.
I have no internet or cell phone in my name.
So, this law will not affect me.......but.......
I still will not comply.
I will wholeheartedly refuse.

Realize this.....95% of us on this site would lose our permits under this law.
Simply saying that you disagree with Sharia law and dont want unvetted middle eastern migrants and latinos to flood our borders, will cause you to lose your permit.
Saying words like muzzies, camel jockeys and wetbacks will cause revocation of your permit.
One disparaging word about transsexuals, you will lose your permit.
Calling a tranny mentally ill.......and using the word tranny......you will lose your permit.

This isnt about violent statements or terrorist activities. This IS about forcing the public to conform to "proper thinking" at the barrel of a gun........ironic isnt it?

 

[Criticalt]

You wanna die????
BAM!!!!! You just lost your permit.