Friday, April 4, 2025

Workers' Compensation Board Opens Manhattan District Office

 


Manhattan District Office reopening

Starting April 7, 2025, the Board's Manhattan District Office will be reopening for in-person hearings, support services, and use of Board resources by appointment only. Virtual hearings will remain the standard for hearings; however, anyone who would like an in-person hearing or an appointment for other services should follow the directions below. 

Requesting in-person hearings  

Any party attending a virtual hearing on or after April 7, 2025, can request to have their next workers’ compensation hearing in person, at the Manhattan District Office. Such requests should be made directly to the Workers’ Compensation Law judge during their scheduled virtual hearing. Otherwise, hearings will remain virtual. 

Check-in requirements 

All visitors must check in at the security desk in the lobby. Please reserve extra time for this check-in process and have your WCB case number and/or your photo ID available. 

In-person hearings bring the injured worker, their legal representative (if applicable), and other parties together at a physical Board location for their hearing. Please note that attorneys and legal representatives will be REQUIRED to accompany their clients to all in-person hearings or find an appropriate substitute to accompany the client. 


Services

Injured workers and other stakeholders will also be able to request in-person appointments at the Manhattan office for support services and other Board resources, including: 

  • Free appointments with our vocational rehabilitation counselors or licensed master social workers. 

As mentioned above, requests for in-person hearings must be made to the judge during a scheduled virtual hearing. To schedule other in-person appointments in Manhattan, please schedule in advance, as day-of appointments cannot be accommodated, and follow these instructions: 

  • For all other appointment types, or if you prefer to make a vocational rehabilitation or social work appointment by phone, please call (844) 337-6301. 

This by-appointment approach to reopening will enable the Board to offer important public services while efficiently managing hearing calendars and local staffing requirements based on demand. The Board will evaluate the success of this approach over time and make any modifications as appropriate. 

Questions? Contact the Board’s Customer Service line at (844) 337-6301. 

Sunday, March 24, 2024

New York City Has a Problem: Mayor Adams' Buddies in Crime

Arturo Holmes/Getty Images Timothy Pearson is pictured behind Mayor Adams on Jan. 1, 2022

Harry Siegel got it right this time:

Harry Siegel: Adams’ favorite cops have major women problems 

By  | harrysiegel@gmail.com

At least one new lawsuit spotlights a nasty boys-club vibe among the cops in Eric Adams’ tight inner circle.

There’s the suit with a former civilian NYPD employee filed under the Adult Survivors Act, accusing him in graphic detail of sexually assaulting her when she asked for his help in getting promoted in 1993, when he was a police sergeant. Adams, who city lawyers are defending, says “this did not happen” and “I don’t recall ever meeting this person.”

And the suit Graham Rayman scooped in The News, where now retired Sgt. Roxanne Ludemann alleges her career was derailed after she rejected the unwanted advances of retired NYPD Deputy Inspector Tim Pearson.

Pearson, who Adams has tasked with overseeing and controlling the costs of the city’s migrant crisis, is nominally a civilian.

But while he’s drawing a 125K police pension along with his 250K salary from the city’s quasi-public Economic Development Corp., he still acts like a cop. He flashes a badge, barks orders and expects people, including officers, to respect his authority as he’s reportedly controlled all promotions inside the department.

My colleague at The City, Gwynne Hogan, reported last year that he got physical with a female security guard at a migrant shelter who wasn’t quick enough to let him inside, and then had two guards arrested before the DA dropped those ridiculous charges.

Now, according to Ludemann’s suit, Pearson is running Adams’ shadowy new Mayor’s Office of Municipal Services Assessment, based out of a city workplace in Queens and memorably described by Politico’s Joe Anuta as “a squad of NYPD and other staffers who act as governmental private eyes monitoring city agencies.”

While Pearson wasn’t initially running the office, it’s been his “hang out” since it opened according to the suit, which alleges he’s come on to numerous women working there to the point where NYPD bosses took steps to keep him from being alone with them and internally reported their concerns.

Ludemann’s suit claims she turned down Pearson’s persistent offers to become his private driver, a role she was over-qualified for and that’s “a common way women are sexually harassed in the NYPD” by getting male supervisors “one on one access to the female officer.”

After that, it says, she was knocked off of a promotions list, reassigned and placed on shifts that conflicted with her child care obligations. When she complained, an Internal Affairs probe was allegedly weaponized against her.

The suit also names Deputy Mayor for Public Safety Phil Banks and NYPD Chief of Department Jeff Maddrey as defendants.

Banks abruptly resigned from the NYPD in 2014 after years of letting two guys — who later went to prison for bribing then-Mayor Bill de Blasio with campaign cash and top cops with hookers — hang out and smoke cigars inside his office at One Police Plaza, when they weren’t taking him out to fancy dinners or flying him around the world.

(Banks wrote in the Daily News Op-Ed where he bizarrely announced his own appointment as deputy mayor — published the day after he fired the head of Internal Affairs who’d investigated him before his resignation — that he regretted the association but hadn’t broken any laws or boundaries.)

As to Maddrey, the Adams team made him the department’s top uniformed officer five years after he was docked vacation days for waving off cops responding to a 911 call while he was parked in a car with a former officer who said he’d been beating her — and that she’d been in a long-term affair with him — until she pulled a gun, and then beat her harder after convincing her to put it down: “He choked me up. He threw me from side to side like I was a rag doll.”

Candidate Adams vowed to appoint a woman as his police commissioner, only for his pick to resign after just 18 months of being undermined by these guys — culminating in the mayor personally asking her not to discipline Maddrey, this time for voiding the arrest of an ex-cop who pulled a gun on kids he was chasing.

In the lawsuit alleging a younger Adams acted like “a predator” disguised as a guardian, a footnote points to an interview he gave for a history of the Guardians, the NYPD Black fraternal organization he was a prominent member of in the early 1990s.

He recalled a piece of wisdom passed down by the group’s elders: “You can’t be strong and wrong. If you’re going to speak out, if you’re going to stand up, then you have to understand that you’re going to be under scrutiny all the time.”

Siegel (harrysiegel@gmail.com) is an editor at The City and a columnist for the Daily News.

Thursday, June 15, 2023

Conflicts of Interest Board Orders Former NYC Mayor Bill De Blasio To Pay $475K

Former Mayor Bill De Blasio
From Editor Betsy Combier:

"A 2021 probe by another city watchdog already concluded that de Blasio had misused the NYPD during his campaign—and also by getting police to help his daughter move apartments and drive his son to and from college...."

That is just a part of the story.

What about the scandal involving his wife?

Where has $850m gone? Bill de Blasio's wife can't account for staggering amount of taxpayer money that the NY Mayor gave her for mental health project

just sayin'........

Betsy Combier

Nick Garber, Crains New York Business, June 15, 2023

Former Mayor Bill de Blasio must pay a $155,000 fine and repay more than $319,000 in taxpayer money for improperly using city police as his security detail during his ill-fated presidential run, a watchdog agency ruled Thursday.

The order—the largest ever issued by the city’s Conflicts of Interest Board—stems from de Blasio’s four-month-long run for the 2020 Democratic presidential nomination, during which he made 31 out-of-state trips from May to September 2019. An NYPD detail accompanied him and his wife, First Lady Chirlane McCray.

Bringing the detail on those trips cost the city $319,794 in travel expenses—not including salary and overtime, the board found. That “plainly” violates a city law barring officials from using city resources for private purposes, the board wrote.

“There is no city purpose in paying for the extra expenses incurred by that NYPD security detail to travel at a distance from the city to accompany the mayor or his family on trips for his campaign for President of the United States,” the board wrote in its order. “The board advised [de Blasio] to this effect prior to his campaign; [de Blasio] disregarded the board’s advice.”

The board said de Blasio must pay the combined $474,794 within 30 days, though he could appeal the decision in state court.

Attorneys for de Blasio immediately said they had filed a lawsuit to block the decision, arguing it would put elected officials at risk.

“In a time of unprecedented threats of political violence, the COIB’s reckless and arbitrary ruling threatens the safety and security of our democratically-elected public servants,” Andrew G. Celli, Jr., an attorney at the firm Emery Celli Brinckerhoff Abady Ward & Maazel, said in a statement posted on Twitter.

A 2021 probe by another city watchdog already concluded that de Blasio had misused the NYPD during his campaign—and also by getting police to help his daughter move apartments and drive his son to and from college. But de Blasio’s attorneys said he would appeal any ruling that he owed the city money.

In an interview published this week in New York magazine, de Blasio was frank about the failure of his campaign, which he terminated before entering a single primary contest.

“It was a mistake,” he said. “I think my values were the right values, and I think I had something to offer, but it was not right on a variety of levels. And I think I got into a place of just extreme stubbornness and tunnel vision.”

De Blasio was knocked several times for ethical infractions during his eight years as mayor, including for soliciting donations from people with business before the city, and for circumventing donation limits by routing money through two separate political action committees during his presidential run. Meanwhile, a Queens restaurant owner admitted to trying to bribe de Blasio by hosting free fundraisers for his mayoral campaign, though de Blasio called the claims made-up.

Wednesday, August 10, 2022

Texas Governor Abbott and Mayor Adams At War Over Bussed Migrants Arriving In NYC


Never would I have believed that I would feel such disgust with the government of my hometown City, New York, as I now feel.

Mayor "Swag" Adams is playing with people's lives by allowing the thousands of migrants to come to NYC and flood the city that basically cannot handle this many people adding to the public dole.

 Betsy Combier

Texas Gov. Abbott dares NYC Mayor Adams to ‘make my day’ in migrant war

Texas Gov. Greg Abbott told Mayor Eric Adams to “make my day” in response to Adams’ threats to send New Yorkers to Texas to campaign against him. [Fox News]

by Bernadette Hogan, Desheania Andrews and Bruce Golding, NY POST, August 10, 2022

Here’s what NYC can expect from Texas border migrant surge this week

Abbott said the buses of migrants is giving Adams “a taste” of what border towns go through in Texas.
Matthew McDermott

 At least three more buses carrying migrants from Texas to New York City are on the way — with one expected to arrive within hours, a City Hall official said Tuesday.

“We’ve learned buses are arriving tonight and two more tomorrow,” Immigrant Affairs Commissioner Manuel Castro told the City Council’s Committee on General Welfare.

Castro also testified that buses chartered by Texas Gov. Greg Abbott to relocate migrants out of the Lone Star State would continue showing up in the Big Apple “basically daily.”

Abbott hired a charter bus company to transport the migrants but the company signed a non-disclosure agreement that prevents the city from getting precise details on its itineraries, Castro told reporters afterward.

“Officially, Gov. Abbott announced that a bus directly from Texas was arriving this past Friday,” Castro testified.

Abbott didn’t “warn us about this even though the bus had started their journey Wednesday and was to arrive Friday,” he added.

Fifty-four migrants got off that bus, and another 14 got off a bus that arrived Sunday, with some getting off at other stops, Castro said.

It’s unclear how many more migrants will be on the buses now headed to the Big Apple and how many were expected to disembark here.

Abbott’s office didn’t immediately return a request for comment.

Abbott and Mayor Eric Adams have been trading barbs in an escalating war of words since Adams revealed last month that New York City’s shelter system was being overloaded by asylum-seeking migrants.

Abbott initially denied Adams’ accusation that the Republican governor was sending migrants to New York City but on Friday took responsibility for the bus that caught officials unawares when it showed up at the Port Authority Bus Terminal in Midtown Manhattan.

Abbott — who in April began relocating migrants to Washington, DC, in response to President Biden’s “open borders policies” — called the Big Apple an “ideal destination” because of its generous treatment of homeless people.

City Hall has estimated that around 4,000 migrants have arrived in recent weeks.

Some have told The Post that federal immigration officials directed them here even though they don’t have family or other ties to the city.

Castro testified that “asylum seekers are arriving in a variety of ways,” with many “taking commercial public buses and arriving at many drop-off locations, not just Port Authority.”

Castro said some buses arrive “late in the evening or at night” after stopping first in the nation’s capital “and coming here.”

On Monday, The Post exclusively revealed that the city wants to open a new facility in Midtown Manhattan to process migrants and house at least 600 migrant families, with proposals from non-profit shelter operators due Wednesday ahead of a planned Aug. 15 opening.

Meanwhile, City Hall said Tuesday that 11 emergency shelters had been set up recently, with four in Manhattan, three in Queens and two each in Brooklyn and The Bronx.

Friday, July 15, 2022

NYC Mayor Eric Adams' Secret Office

 

Mayor Eric Adams and Phil Banks, his deputy mayor for public safety, nestled their offices within 375 Pearl St., commonly known as the Verizon Building (center). | Spencer Platt/Getty Images

Are New Yorkers getting the joke made by Eric Adams when he plays "Mayor"? I guess some do, because we see it every day on TV, on social media, and in the newspapers. Eric Adams is not serious about his position as the chief politician of the City of New York, and certainly does not belong as the CEO of the NYC Department of Education (NYC has Mayoral control of the NYC DOE).

See my Who Are You Kidding Award.



Recall of elected officials is not permitted in New York, but I'd vote for any legislation that would bring a recall option to NYC.

Get Adams a spot on SNL, or give him a comedy show to star in. Anything but a position in political office, where he has access to public funds and may represent people who are serious about helping NYC be a better place to live and work.

‘You Can Tell I Have Swagger’: New NYC Mayor Eric Adams Gets Hilarious ‘SNL’ Treatment

 Betsy Combier

Eric Adams has a secret office

The yet-unreported workspace is the latest example of the fledgling mayor fiercely guarding his privacy as he acclimates to one of the most public political jobs in America.



NEW YORK — Mayor Eric Adams and a top deputy have outfitted offices in a highly secure tower near the foot of the Brooklyn Bridge, availing themselves of a private hideout with sweeping skyline views that’s both minutes and worlds away from the bustle of City Hall.

The yet-unreported workspace is the latest example of the fledgling mayor fiercely guarding his privacy as he acclimates to one of the most public political jobs in America.

Adams and Phil Banks, his deputy mayor for public safety, nestled their offices within 375 Pearl St., a 32-story structure commonly known as the Verizon Building that declares itself “the most secure and resilient building in Manhattan,” according to interviews with 15 people who work in and around city government and are aware of the arrangement. The setup offers them what City Hall cannot: A covert space away from the prying eyes of City Council members, reporters and employees who work in the building and can spot much of the activity within.

The mayor already has a private office in City Hall, as do deputy mayors and a few top staffers. Most other employees either work in the “bullpen,” an open space that Mike Bloomberg instituted after becoming mayor 20 years ago, or offices in the basement.

And while City Hall is open to the public, visitors must enter through a metal detector at an exterior gate and are often asked by the NYPD to provide a rationale for their attendance.

Banks and Adams decided shortly after taking office in January to set up shop in the private building, where the NYPD, Human Resources Administration and finance and sanitation agencies lease space. The mayor occasionally occupies an executive office and conference room previously allotted to the city Department of Finance on the 30th floor of the 300,000-square-foot building.

The tower boasts panoramic views of Manhattan, the New York Harbor and the city’s East River bridges that put landlocked City Hall’s vista to shame.

“I love the water,” Adams said in January about the East River-adjacent mayoral home Gracie Mansion. “You take the water views away, I wouldn’t be in there.”

A spokesperson said he has only been to the site “less than a handful of times” and emphasized its proximity to 1 Police Plaza, given Adams’ focus on reducing crime. The aide did not answer questions about whether the space was renovated once Adams took office and which other staffers have shown up there, but said no one outside city government works from the building.

Those familiar with the arrangement, all of whom would only speak on the condition of anonymity, said the Pearl Street address is Banks’ primary workspace, while Adams occasionally seeks respite there — though his trips to the clandestine office have never appeared on his public schedule.

The secret sanctum also gives Adams and Banks closer access to the NYPD.

The building, which is owned by Sabey Data Center Properties, also has a parking garage, and its website boasts of “controlled street and loading dock access.” The arrangement allows the mayor to slip in unnoticed and head directly to his office, which has floor-to-ceiling windows providing expansive city views.

“It’s hidden away; cars can’t roll through here,” said one person who works in City Hall. Others remarked on his penchant for privacy, which became a flashpoint in the mayoral campaign last year as POLITICO and other outlets dug up details on his unconventional living situation.

Political activity, such as fundraising, is not allowed to take place in government offices, so it’s not uncommon for mayors to seek space away from City Hall to conduct that type of work. In his early days as mayor, Bill de Blasio occasionally carried out political affairs in the offices of his former consulting firm, BerlinRosen.

De Blasio was also known to call donors from his favorite haunt, Brooklyn’s Bar Toto, and often ordered staff to Gracie Mansion, the official residence offered to city mayors, for planning meetings. Ed Koch and Rudy Giuliani at times conducted private government talks in a basement office of City Hall, according to one former administration official. And Bloomberg, a multibillionaire who maintained his own residence as mayor, had ample options for working elsewhere.

But mayors do not typically carve out off-site offices for official business, and Adams already has a stable of venues for politicking, including high-end bars and restaurants where he regularly meets with friends, donors and people who have business interests before his administration.

The Pearl Street edifice, which bears a red and black Verizon logo on its exterior, was built for the New York Telephone Company in 1975. It underwent a renovation in 2016, and its website now describes it as a posh, modern space with premium security.

“Flexible floor plate with endless potential. Unparalleled light and views in all directions. Power for any task,” the site reads. It ends the description inviting potential tenants to “step into the machine. Take control.”

Ironically, when asked on Sunday what he would change about working in City Hall, Adams suggested even closer quarters with the dedicated press corps that operates out of the public building’s “Room 9.” He reasoned that more visibility into his administration might yield better coverage of his achievements on crime-fighting, summer jobs for teens and screening students for dyslexia.

“So I think that if there’s one thing I would change, I would move Room 9 closer to my office,” he said, “so they can see how we’re doing some good stuff.”

On Wednesday, Adams said he had the “brilliant smart idea” of outfitting the office with cubicles for city staffers. He told reporters he’d been there no more than four times and bristled at reporting on his use of the highly secure, private building.

“How can a city location be an undisclosed location?” he said. “That’s just not making any sense.”

Georgia Rosenberg and Julian Shen-Berro contributed to this report.

Saturday, June 4, 2022

Mayor Adams, The "Second Chance Mayor", Appoints Andre Mitchell To New Shooting Prevention Task Force

 

Mayor Eric Adams embraces Man Up! founder Andre T. Mitchell at City Hall after announcing the violence prevention leader will head a new shooting prevention task force, June 2, 2022.

Ben Fractenberg/THE CITY

NYC Mayor Adams is at it again. It's so wonderful to see that he approves of people taking positions in his administration who have been cited for wrongdoing. The second-chance Mayor.

There are no people who could handle the jobs who have no history of corruption or fraud, I guess.

Just saying...

Betsy Combier

betsy.combier@gmail.com
Editor, ADVOCATZ.com
Editor, ADVOCATZ Blog

Eric Adams Defends His New Gun Czar Despite Group’s Mismanagement

“You’re talking about DOI? I’m talking about DOA,” says mayor of Department of Investigation probe that found financial impropriety and nepotism at Andre Mitchell’s Man Up! organization.
BY GREG B. SMITH GSMITH@THECITY.NYC
JUN 2, 2022, 7:37PM EDT
ADDITIONAL REPORTING BY YOAV GONEN

With shootings on the rise in New York City, Mayor Eric Adams on Thursday named as his new “gun czar” the head of a taxpayer-funded “violence interrupter” nonprofit whom investigators had found used the group to line his pockets and employ his relatives.

Andre Mitchell, executive director of the nonprofit Man Up Inc, will serve as volunteer co-chair of a task force addressing gun violence as part of Adams’ campaign to reverse the trend of mayhem that’s plagued city streets since just prior to the pandemic.

Since 2017, Mitchell’s group has won nearly $20 million in city contracts to perform “anti-gun violence” work from the Mayor’s Office of Criminal Justice, an arrangement that greatly expanded even after the city Department of Investigation (DOI) in 2019 alleged financial improprieties and nepotism at Man Up. The most recent extension ends July 1.

And during the time City Hall extended the length and amount of the contract, there’s no record that Man Up filed tax documents with the state Attorney General’s Office or the Internal Revenue Service as is required of active nonprofits. The last document on file dates back to tax year 2018.

Man Up is one of several groups that rely on neighborhood leaders — some of whom have been convicted of crimes themselves but have done their time and are turning their lives around — to intervene with potential shooters before they act, by winning their trust and cooperation.

The Biden administration recently embraced this local tactic, announcing it would target increased funding for “evidence-based community violence intervention programs.”

Following the announcement of his appointment on the steps of City Hall, Mitchell admitted, regarding the issues DOI raised, “We didn’t know everything so we learned from our mistakes and we kept moving.”

But he also questioned how the financial impropriety and nepotism DOI cited are relevant now.

“After 14 years we had an inquiry. Understandable. It came about. We complied. We listened to whatever their recommendations was. We kept on moving. We continued to do the work. There was no criminality. There was no illegality. There was none of those things discovered. I don’t understand why is that still an issue when in fact we’ve actually grown since 2019?”

Adams, too, dismissed questions about the DOI findings, noting that he himself hired his own brother as a security advisor at City Hall. He also stressed the urgency of tackling gun violence: “You’re talking about DOI? I’m talking about DOA. People are dying.”

Added the mayor: “Some people say, ‘But what about his background?’ What about all our backgrounds? We are not looking for a nun. We’re looking for someone to be in the streets and embrace our people. We’re looking for the right person for the job. And AT (Mitchell) is the right person for the job.”
National Crisis

Adams is assembling the task force at a moment of national reckoning on how to tackle gun violence, supercharged by mass killings in Buffalo, N.Y., and Uvalde, Texas — and with a pending Supreme Court decision threatening to upend New York City’s own gun permit restrictions.

During his mayoral campaign Adams vowed to reverse a surge in crime. Yet since his arrival at City Hall in January, Adams has struggled to stem a rising trend of shootings that included gunfire that injured 10 in a subway car and the shooting murder of a passenger just days later.

There have been 502 shooting incidents this year through May 29, down slightly from the same period last year but up significantly from 311 in 2020 and 270 in pre-pandemic 2019.

Starting under former Mayor Bill de Blasio, Mitchell’s group has received millions of dollars in city contracts to help quell violence by attempting to intervene with individuals and groups that are behind the spike.

But he’s also attracted the attention of the city DOI, which in June 2019 issued a finding that after an extensive probe, they had discovered” potential violations” of Man Up’s contract with the Mayor’s Office of Criminal Justice.

As first reported by THE CITY, DOI determined that some $15,000 in proceeds from a youth employment program that the group ran on Sutter Avenue in Brooklyn wound up in Mitchell’s personal bank account. Mitchell told investigators he was unaware of this deposit until he received a subpoena from DOI.

DOI also found Man Up had employed several members of Mitchell’s family, including a daughter and a son. The progeny exited the payroll after Man Up received a DOI subpoena, although Mitchell told investigators they left for “personal reasons.” Man Up’s director of finance also identified another Man Up employee as Mitchell’s “half brother.”

The group’s contract with the city specifically prohibited supervisors from overseeing relatives, and MOCJ told DOI that Mitchell did not seek permission to place his children on the payroll.

Mitchell also paid more than $29,000 to rent out a WeWork office that he admitted he only used “infrequently” so that he could “bring himself outside of [his] normal work environment.” DOI questioned the “efficiency” of this expenditure.

DOI recommended that MOCJ increase oversight of Man Up going forward, ensuring that the organization acted in compliance with conflict of interest rules and closely watching expenditures to make sure they’re effective.

Diane Struzzi, spokesperson for DOI, said that MOCJ “accepted and implemented the recommendations we made to them regarding Man Up. And MOCJ provided DOI evidence of implementation.”

But state charity bureau records show that while Man Up has been receiving millions of dollars in city contracts, the group has not filed required federal tax forms with the state attorney general for the last three years. The last filing is for tax year 2018 and was signed in November 2019 by Mitchell, who was listed as executive director with a $165,000 salary.

The tax forms also raise a question about how Mitchell spells his name: with one L or two. On tax forms filed with the state attorney general, it’s two Ls. With the records filed with the IRS it’s one L.

Mitchell did not respond to THE CITY’s questions about this. The state attorney general’s charity unit usually works with groups to get up to date with their filings, but if that doesn’t work they can impose fines and even revoke a group’s nonprofit status.

Man Up’s work with MOCJ have focused on what’s described in records as “anti-gun violence.” Its 2017 contract has been extended again and again, most recently in July. To date Man Up has been awarded $19.1 million for this work, with $12.7 million spent to date.

On Thursday, Adams made clear that addressing gun violence was a priority for his team, noting that Mitchell will chair a task force that will include Police Commissioner Keechant Sewell and all five deputy mayors..

“Every deputy mayor, the PC, everyone who impacts or touches the lives of the young people will be part of the solution of dealing with gun violence because we can’t continue to believe that if you’ve made an arrest you’ve solved the problem,” he said. “The problem is why are children, why do they feel they need to have a gun in the first place? That is where the failure takes place.”