Allegany County resolution calling for the repeal of the NY SAFE act

RESOLUTION CALLING FOR THE REPEAL OF THE NEW YORK SAFE ACT OF 2013

Offered by: Ways and Means Committee

WHEREAS, the New York State Legislature recently enacted and Governor Andrew Cuomo signed into law The New York Secure Ammunition and Firearms Enforcement Act of 2013 (“NY SAFE ACT”); and

WHEREAS, this Legislation is viewed by many citizens of the State of New York as being extremely controversial as those citizens view this Legislation as infringing upon their rights guaranteed to them under the Second Amendment of the United States Constitution; and

WHEREAS, each and every issue that comes before the New York State Legislature before an enactment deserves a fair and open discussion which incorporates all points of view in order to ensure that all citizens are heard and that the Legislation incorporates the various points of view expressed during that discussion and benefits all of the citizens of the State of New York; and

WHEREAS, the NY SAFE ACT was adopted after minimal public discussion, contains serious flaws, i.e., police officers are not exempt, and having been on the desks of the members of the New York State Legislature for only a few hours, thereafter was literally adopted in the night and signed into law by Governor Andrew Cuomo; and

WHEREAS, in 2011 amendments were made to the Open Meetings Law (Public Officers Law Section 103), requiring a public body prior to a meeting to post on its website, to the extent practicable, for public benefit all records that may be considered or discussed at that meeting; and

WHEREAS, A.107 has been pre-filed before the New fork State Assembly for the 2013- 2014 Regular Session, to amend the Public Officers Law (Sections 84 and 90) in relation to publishing records of public interest by agencies ad the State Legislature, reading in part “…The people’s right to know the process of governmeçtal decision-making and to review the documents and statistics leading to determinations is basic to ouf society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality.. and

WHEREAS, the State of New York has a tradition and long history of conducting its deliberations and debates in the public view and that in the enactment of the NY SAFE ACT the New York State Legislature and Governor Andrew Cuomo acted in contradiction of this long, time honored tradition of an open government; and

WHEREAS, the members of the Inter County Association of Western New York and the Inter County Legislative Committee of the Adirondacks at a joint meeting held February 6, 2013, at Albany, New York, expressed their concern that any legislation which addresses the ownership of guns and the sale of ammunition in the State of New York be conducted only after an open debate pursuant to which the public is allowed to participate and express their points of view; now, therefore; be it

RESOLVED:

1. That the Allegany County Board of Legislators calls for the repeal of the New York Secure Ammunition and Firearms Enforcement Act of 2013 (“NY SAFE ACT”);

2. That the Allegany County Board of Legislators supports the positions adopted by resolution from the New York State County Clerk’s Association and the State Sheriff’s Association.

3. That the Allegany County Board of Legislators directs that certified copies of this resolution be forwarded to Governor Andrew Cuomo, members of the New York State Legislature, NYSAC, NACO, New York State Association of Towns, and each New York State County.