Albany Times Union (Sunday)

Hochul’s fate rests on crime

- FRED LEBRUN

With the first gubernator­ial Democratic primary debate behind us, I can definitely say maybe Gov. Kathy Hochul will keep her job.

On the merits, she earned a B- in the first debate, mostly fending off arrows. But realistica­lly she has scads more money in her campaign fund than her rivals, which means she must be popular with somebody, probably lobbyists, and she has the wherewitha­l to buy popularity.

While she lacks much of a record or wide personal recognitio­n since she’s been governor for only six months, Hochul is certainly better known than her rivals Jumaane Williams and Tom Suozzi. And she is the incumbent. That means a lot.

But then there’s the latest Siena Poll of New York City residents — half of the state’s voting population — mostly on how poorly Eric Adams is doing as mayor of New York. There is a single how-am-I-doing question about Hochul’s job performanc­e embedded. Her numbers are not much better than the mayor’s.

Which tells me Hochul may be the presumptiv­e leader at the moment, but it’s fragile. She is just one well-publicized gun violence incident caused by the inactions of a handcuffed judge away from losing that lead. Because the public is afraid of gun violence and increase in major crimes, and sees their streets as unsafe. This intense worry has not changed, for all the tepid incrementa­l changes that were made to the state’s controvers­ial bail reform law during the recently concluded legislativ­e session. Hochul is on the hook for what might happen because she didn’t fight for more, because when she does, she gets it.

As in a new Buffalo Bills stadium.

Instead, the governor opted for a splashy, hugely publicized and promoted set of enhanced gun safety measures primarily aimed at fighting mass murders, a sort of Safe Act II. She got major kudos from the media. But the truth is the speed with which these were enacted overcame due diligence and the better product that would have come from more reflection and study. Speed was a political opportunit­y seized.

As a consequenc­e we have laws that will raise the age to 21 for purchase of a semiautoma­tic, which federal courts have already ruled unconstitu­tional; banned bullet-proof vests that left out the steel plate armor type the Buffalo shooter was wearing — which was the entire point of the provision — and a law that requires microstamp­ing new guns so as to trace ownership via spent ammo. Only the technology is not establishe­d. California has had the same law for 15 years and is still waiting for it to happen.

Plus, circumvent­ing the proposed technology is deemed easy. And, at the end of the day, microstamp­ing at best is only a small tool for a big problem.

What we should have done first is sit down with stakeholde­rs and experts in all applicable fields and done a forensic exercise on why it is that with some of the toughest gun laws in the country, including a robust red flag law, New York failed to prevent the hideous Buffalo shooting last month. Much of that now is coming out in dribs and drabs and there is a lot of optimism that steps like better surveillan­ce of the internet and more diligent reporting and culling of suspected behavior can have future benefits.

But three warnings to the general public are in order about these new laws combined with more proactive enforcemen­t and a great increase in mandated reporters as is now required of our refurbishe­d red flag law.

One, both the First and Second amendments of the U.S. Constituti­on inevitably will be strained. We will rely on snitching by friends and family and judgments by caregivers and others to get word to law enforcemen­t about possible suspect behavior. Privacy will the invaded, communicat­ions examined. There will be false and erroneous accusation­s that will put gun-owning families through anxieties and worse. That is within the nature of an imperfect process that attempts to prevent a crime from happening, no matter how well intended, which means ruffling a lot of feathers for the general public good. A hard sell, perhaps, but we need to accept it.

Two, my fellow Democrats in order to sell their gun control ideas have consistent­ly oversold what they can deliver. According to The New York Times, experts opine if we reduce mass murders by a third, that will be considered significan­tly successful. Which means under the best case scenario — which we are unlikey to see — the horrors and the heartbreak will continue until we find more effective remedies and methods, and learn how to reset this nation’s moral compass, which is dangerousl­y askew.

Three, and perhaps the most dismaying, is that we can’t expect to know what works and what doesn’t, at least not right away or how well.

Proving a negative — that something hasn’t happened because you did something right — is somewhere between elusive and impossible.

But that doesn’t mean we shouldn’t try. We would be morally bankrupt if we did not. The ghosts of too many children are looking at us accusingly. This is on all of us.

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