NYC PUBLIC ADVOCATE RESPONDS TO FEDERAL JUDGE BLOCKING PARTS OF NEW YORK'S GUN SAFETY LAW

 

"This ruling comes as little surprise in a country so deeply invested in carnage capitalism that common sense gun safety laws are seen by some as a greater threat than bullets. After a conservative Supreme Court rejected New York’s basic standards of safety this summer, New York passed legislation specifically tailored to meet the Court’s ruling – but even a modest effort at saving lives is too much for the conservative movement in a country with a demonic obsession with guns.

"In light of this ruling, it is harder today to drive past Times Square than to bring a gun into it. Blocking this law clears the way for more guns to flow through the iron pipeline and onto our streets. Just over a week ago, twenty-three people were shot in our city over a three day period. Until and unless this decision is overturned, New Yorkers are less safe, and our government is failing to protect them."

BRONX MAN SENTENCED TO 21 YEARS IN PRISON FOR FATAL SHOOTING OF MAN AFTER DISPUTE

 

Defendant Pleaded Guilty to First-Degree Manslaughter

 Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to 21 years in prison for fatally shooting a man at the entrance of an apartment building after a dispute.

 District Attorney Clark said, “The defendant initially got into a fight with a group of people. After they dispersed, he went to a building where the opposing group retreated to and opened fire. He shot the victim—who was not part of the fight—four times, killing him and putting all surrounding neighbors at risk.”   

 District Attorney Clark said the defendant, Tujuan Ford, 25, last of 654 Beck Street, was sentenced today to 21 years in prison and five years of post-release supervision by Bronx Supreme Court Justice Ralph Fabrizio. The defendant pleaded guilty to first-degree Manslaughter on September 14, 2022. 

 According to the investigation, in the early morning hours of June 30, 2019, Ford got into a fight with a group of individuals outside a food truck on Southern Boulevard and East 149th Street in the Bronx. The victim, Alberto DeJesus, 22, was present with the group but not part of the fight. After it broke up, DeJesus went to a nearby apartment building at 1044 Avenue Saint John and was shot at by Ford. DeJesus went into the lobby of the building where he collapsed. The attack was captured on surveillance video. DeJesus died at NYC Health + Hospitals Lincoln.

 District Attorney Clark thanked NYPD Detective Frankie Soler of Bronx Homicide.

Justice Department Announces Filing of Statement of Interest in "Ghost Gun" Litigation

 

 Breon Peace, the United States Attorney for the Eastern District of New York (EDNY), in partnership with Damian Williams, the United States Attorney for the Southern District of New York (SDNY), and Brian M. Boynton, Principal Deputy Assistant Attorney General, filed a Statement of Interest today in The City of New York v. Arm or Ally, LLC, to express the Justice Department’s views on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)’s regulations concerning unfinished frame and receiver kits. 

In the lawsuit, the City of New York alleges that multiple firearm businesses have sold tens of thousands of illegal, unfinished frames and receivers to New Yorkers.  These frames and receivers, which are classified as firearms, were then converted into unserialized, untraceable handguns and assault-style weapons, known as “ghost guns.”  Ghost guns contribute to the ongoing plague of gun violence.

The Department of Justice’s Statement of Interest informs the Court that the United States has serious concerns about the proliferation of untraceable firearms easily assembled from firearm parts kits and unfinished frames and receivers.  The Statement of Interest makes clear that ATF has long held that the sale of all components necessary to produce a functional firearm are, and always have been, classified as the sale of a firearm under the Gun Control Act of 1968.  Additionally, the Statement of Interest informs the Court of ATF’s authority to promulgate a rule updating its definition of “frame or receiver” and other statutory and regulatory terms.  

Mr. Peace stated, “Ghost guns are a major contributor to the ongoing plague of gun violence.  The United States will continue to employ every means available, including civil tools, to keep ghost guns and other illegal firearms out of the hands of criminals and reduce the risk of gun violence.  The United States filed a Statement of Interest in this important litigation to ensure that the Court is informed of the federal government’s views of pertinent firearms statutes and regulations.”

Mr. Williams stated, “This Statement of Interest reflects the Department of Justice’s commitment to work with federal, state, and local law enforcement partners to combat the growing problem of ghost guns.  This Office is determined to prevent criminals from accessing untraceable firearms easily assembled from firearms parts kits and unfinished frames and receivers.”

“Ghost guns have for years helped fuel an escalating trend of firearms-related violence,” ATF Special Agent in Charge DeVito said.  “The updated federal regulations are an important step in abating that trend in our local communities.  Today’s filing sends a message that the United States will do its part, using all available means, to support our local partners in their own efforts to curb the flow of these dangerous weapons to the criminal element and violent offenders.”       

For the U.S. Attorney’s Office for the Eastern District of New York, the filing of this Statement of Interest is part of EDNY’s larger Civil Initiative to Reduce Gun Violence.  The EDNY’s Civil Initiative to Reduce Gun Violence was created earlier this year in recognition of the President’s directive to take a whole-of-government approach to combat the epidemic of gun violence and ensure public safety, and complements the EDNY’s Criminal Division’s successful efforts to reduce the scourge of gun-related crimes.  The EDNY’s Civil Initiative to Reduce Gun Violence aims to collaborate with federal, state, and local officials, as well as community stakeholders, to address the root causes of gun-related crime, and supports reform efforts made across the government.  In July 2021, the United States Attorney’s Offices for the Southern and Eastern Districts of New York also joined a cross-jurisdictional strike force to help reduce gun violence by disrupting illegal firearms trafficking in key regions across the country. 

Statement from Governor Hochul on Concealed Carry Improvement Act

 

"In the wake of the Supreme Court's reckless decision that reversed decades of established law amid a national gun violence crisis, the State Legislature and I acted decisively to keep New Yorkers safe. The Concealed Carry Improvement Act was carefully crafted to put in place common-sense restrictions around concealed carry permits.

"While this decision leaves aspects of the law in place, it is deeply disappointing that the Judge wants to limit my ability to keep New Yorkers safe and to prevent more senseless gun violence. We are working with the Attorney General's office to review the decision carefully and discuss next steps in an appeal. I will continue to do everything in my power to combat the gun violence epidemic and protect New Yorkers."

Tour De Bronx is back this year!

 

Registration Now Open! Click here

We have partnered with Unlimited Biking For Tour De Bronx 2022!

For Bike Rentals Click here

To volunteer Click here

SENATOR GUSTAVO RIVERA ON THE 5TH CIRCUIT'S DECISION ON DACA

“The 5th circuit decision on DACA is abhorrent. Dreamers deserve peace of mind about their futures in the country we call home. This is a nation of immigrants and our laws must reflect that. Congress must urgently pass legislation to create a pathway to citizenship and to ensure permanent status. No one deserves to have their lives thrown into chaos.”

WILLIAMS' STATEMENT ON PRESIDENT BIDEN PARDONING PAST FEDERAL MARIJUANA POSSESSION CONVICTIONS

 

"With this overdue action, thousands of Americans who saw their lives and livelihoods destroyed by a cannabis conviction are granted new, budding opportunity.

"This is a vital, welcome first step from the Biden administration, but it is a first step. We should move quickly to legalize cannabis nationwide, and prioritize reinvesting in the Black and Brown communities most devastated by its prohibition and unequal enforcement. Pardons are a critical solution in this moment, but as we have seen, full legalization is the only way to combat the massive disparities in enforcement that have burdened generations with criminal records and ensnared them in an unjust system.

"I’m proud of the work we’ve done to decriminalize, de-stigmatize, and ultimately legalize marijuana in New York, and further urge our state to be spurred by this new federal action to more quickly implement a just economy for legal marijuana sales."

Attorney General James Secures Relief for Patients Illegally Charged by Ambulance Company

 

Mobile Life Support Services Unlawfully Billed New Yorkers for Emergency Medical Services and Referred Balances to Debt Collectors, Violating Insurance Laws

  New York Attorney General Letitia James today announced a settlement with Mobile Life Support Services, Inc. (Mobile Life), an Orange County ambulance company that illegally billed patients for emergency medical services. Mobile Life billed patients for the difference between what their insurance plans paid and what the company charged in an unlawful practice known as “balance billing,” and would refer some unpaid accounts to a debt collector. As a result of an investigation by the Office of the Attorney General (OAG), Mobile Life will pay full restitution plus interest to affected patients, request closure of all relevant accounts with debt collectors, update its billing practices, and pay a $100,000 penalty.

“Mobile Life Support Services took advantage of vulnerable patients with illegal billing and debt collection tactics,” said Attorney General James. “When New Yorkers are in need of emergency medical care, the last thing they should be worried about is being exploited by the very company entrusted with helping them. Mobile Life will return all of the money they took from innocent New Yorkers, and my office will continue to defend patients from such predatory behavior.”

Mobile Life is a privately owned, commercial ambulance service provider that answers more than 100,000 calls per year across the Hudson Valley Region. The OAG opened an investigation into Mobile Life after receiving complaints from New Yorkers who received ambulance services from Mobile Life and were billed for the difference between Mobile Life’s charge and the payment by the consumer’s health plan.

Under New York state insurance law, an ambulance service provider cannot bill a patient who has comprehensive health care coverage for the difference between the provider’s charges and the patient’s health plan’s payment, other than applicable co-payments, deductibles, or co-insurance. Per the law’s “Ambulance Mandate,” an insurance provider, or health plan, is required to pay the usual and customary charge to the ambulance service provider, unless a contract with a different negotiated rate exists. This is true regardless of whether the ambulance service is a participating provider within the health plan’s network.

Mobile Life’s documented practice of improper balance billing cheated hardworking New Yorkers and impacted their credit. As a result of the settlement secured by OAG, Mobile Life will pay full restitution plus 12 percent interest per year to all patients who paid Mobile Life for illegal charges since June 1, 2016. An independent auditor, retained and paid by Mobile Life, will review all payment records for this time period to determine those who are eligible to receive restitution. For all patients whose unpaid, illegally charged accounts were referred to a debt collector, Mobile Life will instruct the debt collector to cease all collection activity, set the balance to $0, and direct all major credit bureaus to remove any derogatory information reported for the affected person. Mobile Life will also pay a penalty of $100,000, and an additional $15,000 for any future violation.

In addition to financial relief, Mobile Life must modify its current billing practices so that the insurance provider is billed in the first instance, and the patient is clearly told that they owe only a copayment, coinsurance, or deductible. Mobile Life must also invest in the development of a training curriculum on the new procedures to be administered to all current and future staff.