HoganWillig

We Practice Law for Your Peace of Mind

NYS SAFE Act Gives Rise to Important Changes for Gun Owners



November 1st, 2013

The New York Secure Ammunition and Firearms Enforcement Act of 2013, also commonly known as the “NYS SAFE Act,” was signed into law by Governor Andrew Cuomo on January 15th, 2013.  The legislation has resulted in some important changes to the regulation of firearms in New York State.  The SAFE Act includes these new provisions:

  • The possession of “high-capacity magazines,” regardless of when they were manufactured or sold, is banned.
  • Background checks are required for all gun sales, including by private sellers.  Ammunition dealers are also required to conduct background checks.
  • A registry of assault weapons will be created, and all New Yorkers who own assault weapons must now register these guns with the state (registrations must be renewed every five years).  The definition of “assault weapon” has now been reduced from two identified features to one.  Further, the Internet sale of assault weapons is banned.
  • The law requires mental health professionals to report any mental health patient who is a potential threat to others, which could result in revoking of the patient’s gun.  Similarly, guns must be safely stored from any household member who has been convicted of a felony or domestic violence crime, or is under an order of protection.
  • Increased sentences for gun crimes, as well as increased penalties for shooting a first responder.
  • Stolen guns must be reported within 24 hours.

For more information for gun owners, hunters, and gun dealers visit:

http://www.governor.ny.gov/nysafeact/gun-reform

If you have any questions about your rights, contact Steven Cohen with HoganWillig at 716.636.7600.

Workplace Bullying and The Healthy Workplace Bill

Author: Carol Farrar


August 27th, 2012

Statistics show that workplace bullying affects 1 in 6 American workers.  Despite such startling statistics, there is presently no law on the books which protects employees from an abusive work environment.  Yet, there may be hope!  Since 2006, a New York grassroots organization, New York Healthy Workplace Advocates, has been lobbying New York Congress to pass the “Healthy Workplace Bill.”  The Bill can be read in its entirety at http://nyhwa.org/bill.html.

What is the Healthy Workplace Bill or “HWB”? 

Battle to Retain our First Amendment Rights

Author: Steven Cohen


May 16th, 2012

Watch Steve on WGRZ Channel 2 talking about this topic.

A battle now rages in our own United States District Court for the Western District of New York to defend the precious right to free speech that is once again being attacked. It is in the context of religious expression, also protected by the First Amendment to the United States Constitution. Take Notice: The case of Owen v. City of Buffalo is nothing less than a test of strength of the guarantee to the people that we may speak freely and responsibly without fear of arrest.

Mr. Owen is a God fearing Christian who feels so strongly about the immortality of the soul that he feels compelled to spread the Gospel. There’s nothing dangerous about that. Owen took his faith, his message and a stack of flyers to the Italian Festival last summer to peacefully distribute them to whoever cared to take one. He was with one like minded friend in a public venue, walking with the flow of pedestrian traffic, peacefully offering his views as expressed on the flyer.

Termination? Discrimination? What’s An Employee to do?

Author: Carol Farrar


March 13th, 2012

New York does not recognize an action for wrongful termination. It is an employee-at-will state, meaning that your employer can fire you for any reason or no reason, and you can quit your job for any reason or no reason. You may, however, have a claim against your employer if, for example, you have a written Employment Agreement, or your employer has an Employee Handbook which specifically addresses termination procedures and your employer did not follow those procedures, or you are protected by a union under a Collective Bargaining Agreement, or your civil rights have been violated.

In the case of a Collective Bargaining Agreement, you may first be required to exhaust all of the procedures set forth in the Collective Bargaining Agreement for termination before you file a lawsuit against your employer. Similarly, if your employer violates a constitutionally protected right by discriminating against you on the basis of age, race, sex, disability, etc., there are administrative remedies that must be exhausted before you may pursue a claim against your employer.

HoganWillig

We Practice Law for Your Peace of Mind