Monthly Archives: February 2013

Elmira Police Department Retired Officers Association

The Elmira Police Department
Retired Officers Association
247 Jackson Creek Road
Erin, New York 14838

February 23, 2013

The Honorable Andrew M. Cuomo
Governor of New York State
NYS State Capitol Building Albany, NY 12224

Dear Governor Cuomo,

The Elmira Police Department Retired Officers Association (EPDROA) is
comprised of approximately sixty (60) former police officers from the City
of Elmira, and surrounding agencies. As such the members have over 1,500
years of combined law enforcement experience. The membership of the
Association have asked that this letter be sent and approved the following
content.

The members of the EPDROA are very concerned about the passage of the
New York Secure Ammunition and Firearms Enforcement Act. After thoughtful
study, we find that there are a few commendable parts to the law. Allowing
pistol permit holders to opt out of having their names released pursuant to
a F.O.I.L. request, and tighter scrutiny of persons who are dangerously
mentally ill are steps in the right direction. Enhanced background checks
might also be good, as long as the pedigree information of the weapon is not
included.

The remainder of the SAFE Act however is seriously flawed. These serious
flaws are understandable in light of the hap-hazard and reckless manner in
which this legislation was hastily cobbled together. As officers who have
for years had to read, understand and enforce the laws of this State, it is
inconceivable that no one thought to include a law-enforcement exemption.
Additionally, officers cannot enter school grounds without becoming
criminals.

One of the most offensive aspects of the manner in which this assault on
our rights was accomplished was your use of a ‘message of necessity’. There
was no legitimate reason for this. You stooped to this parliamentary
slight-of-hand for the sole purpose of circumventing the three-day maturing
process. Many legislators had only twenty (20) minutes to read and try to
understand the fifty-six (56) sections of this bill. Having reviewed this
legislation, it is clear that no one could have read and comprehended the
bill and understood its many implications in such short time. Further, none
of the legislators had the opportunity to get input or feedback from their
constituents, or other stakeholders. Even members of law enforcement were
not consulted. This is one of the most basic tenets of a representative
democracy. This entire process was one of deception, secrecy, withholding of
information and exclusion of the public. These are the actions of a banana
republic dictator, not the Governor of New York State. Your actions may have
been illegal, and were certainly unethical. We the members of the EPDROA
denounce this behavior in the harshest manner.

The SAFE Act is nothing more than a thinly veiled attempt to regulate
lawful gun ownership out of existence. We note with serious concern that you
have previously stated that outright confiscation of weapons was a
possibility. Therefore we completely understand the fear that the citizens
of New York State have when told that they will have to register their
weapons. As any student of history knows, registration always precedes
confiscation. There is now a well-advertised resistance movement to oppose
this law. The citizens of the state of New York are saying NO! As citizens
begin to distrust their law enforcement officers, there will be ever
increasing confrontations, needless confrontations. There will be no
winners.

The simple fact is that restricting the rights of law abiding gun owners
will do nothing to stem the gun violence that we now face. The $35 million
that you wish to spend on this unconstitutional law will be a complete
waste, just as the $44 million was for the Combined Ballistic Identification
System.

Not only are the gun rights of every citizen of New York State
guaranteed by the Second Amendment to the U.S. Constitution, they are also
codified in the New York Civil Rights Law, Article 2, §4. Governor Cuomo, if
someone opposed the rights of a black person to exercise the civil right to
vote, they would be called a racist bigot. If someone opposed the rights of
a Jewish person, to exercise the civil right to attend their Synagogue, they
would be an anti-Semitic bigot. If someone opposed the civil right of a
woman to attend a college that she was otherwise qualified for, they would
be called a sexist bigot. In light of your attack on our gun liberties, why
should we not refer to you as a liberty bigot?

We, the members of the EPDROA are well acquainted with all kinds of
violence. We are the ones who have had to stop the bleeding of wounded
victims before the EMT’s arrive. We are the ones who have chased armed
criminals through back yards in the dark of night. We are the ones who have
seen the puddles of blood, and yes sometimes it has been our own blood. We
are the ones who have had to notify the next-of-kin in many types of
tragedies. Yes, we are well acquainted with violence, and we don’t like it.
However, every one of us understands that crime and violence comes from the
human heart, not an inanimate object.

In closing the membership of the EPDROA perceives that you used the
events at Sandy Hook Elementary and Webster New York as an excuse to
sledgehammer this unconstitutional, unethical, and mistake laden law through
the Legislature in the middle of the night. We believe that you have
violated your oath of office. It is appalling to think that you would
capitalize on the deaths of children, and savage the constitutional and
civil rights of the citizens of New York State.

Yours truly,

Christopher F. Kamas Thomas P. Breitung
President Vice President

James E. Wandell Patrick J. Pariso
Secretary Treasurer

cc: Elmira Police Benevolent Association
Chemung County Executive
Chemung County Legislature Representatives
Congressman Tom Reed
Senator Thomas F. O’Mara
Assemblyman Christopher S. Friend

Greene County sheriff opposes NY SAFE act

Sheriff Seeley began saying that while he supports several aspects of the law, including that which addresses the mentally ill; the section which requires gunowners to keep weapons inaccessible in homes where a resident has been involuntarily committed, convicted of a crime or is the subject of an order of protection; the “opt-out” clause which places a restriction on FOIL requests, allowing license pistol permit holders to keep information private and confidential; and that portion of the law which enhances penalties for killing of first responders — firefighters and emergency medical services — by making it first degree murder, requiring life without parole.

Other than that, Seeley said he stands with the people in the room and will do everything in his power to uphold their constitutional rights.

Seeley also said that as Sheriff he represents all the people in Greene County and he has taken an oath to uphold the Constitution of the United States and the Constitution of the State of New York, and he will continue to enforce all laws of the state and protect the rights of all citizens, including those rights guaranteed by those constitutions.

Read more…

Seneca county to consider resolution calling for repeal of so called NY SAFE act

2. ISSUE: New York State SAFE Act

DESCRIPTION: The State of New York, apparently in reaction to recent acts of violence recently passed legislation virtually without preparation or study, severely affecting the rights of New York residents to maintain firearms. This legislation, currently being challenged in the courts, restricts the loading of firearm magazines to seven rounds with no apparent exception for law enforcement personnel, makes unlawful the possession of magazines and firearms currently lawfully owned by tens of thousands of New Yorkers, restricts private sale of firearms and requires licensing or relicensing of firearms previously not requiring license or for which licenses were obtained without need for periodic renewal. It is believed that many County residents are deeply concerned with this legislation, its effects and the undue haste with which it was enacted.

ACTION: Recommendation by the Committee that the Board of Supervisors pass a resolution calling for repeal of the so called New York SAFE Act of 2013.

Source: page 8 of linked PDF

Schuyler County resolution opposing NY SAFE act

Below is the resolution presented to the County Legislature

RE: RESOLUTION OPPOSING THE NEW YORK SECURE AMMUNITION AND FIREARMS ENFORCEMENT ACT OF 2013

WHEREAS, this Legislative Body has long advocated for the protection of the rights afforded our citizens under the Constitution, which has for generations guided our Nation and served as a framework to our democracy and society; and

WHEREAS, The Second Amendment of the United States provides for the “right of the people to keep and bear arms” and further states that this right “shall not be infringed”; and

WHEREAS, members of the Schuyler County Legislature, being elected to represent the people of Schuyler County, are duly sworn by their oath of office to uphold the Constitution of the United States; and

WHEREAS, members of the New York State Assembly and the New York State Senate, being elected by the people of New York State, are duly sworn by their oath of office to uphold the Constitution of the United States; and

WHEREAS, the lawful ownership of firearms is a recreational benefit to our residents through hunting and target shooting, along with an economic and environmental benefit to our region with several locally owned and operated gun/sporting businesses; and

WHEREAS, the New York State Secure Ammunition and Firearms Enforcement Act of 2013 which was rushed to passage by the New York State Senate, Assembly and Governor, will have a detrimental effect on hunters, sportsmen and legal gun owners, creating a hostile environment both for them and for the sale and manufacture of legal firearms;

WHEREAS, the legislation prohibits the sale of firearm magazines with a capacity larger than seven (7) rounds and, those firearm magazines with a capacity larger than seven (7) rounds, which are authorized to be retained by existing owners, may only be loaded with seven (7) rounds and eventually must be permanently altered to only accept seven (7) rounds or be disposed of; and

WHEREAS, few or no low capacity (seven (7) rounds or less) magazines currently exist for many of the firearms commonly possessed by law-abiding residents of New York State; and

WHEREAS, the legislation severely impacts the possession and use of firearms now employed by the residents of Schuyler County for the defense of life, liberty and property; and

WHEREAS, the legislation severely impacts the possession and use of firearms now employed for safe forms of recreation including, but not limited to hunting and target shooting; and

WHEREAS, while there are some areas of the legislation that the Schuyler County Legislature finds encouraging, such as the strengthening of Kendra’s Law and Marks’s Law, as well as privacy protections for lawful permit holders, we find the legislation fails to offer little meaningful solutions to gun violence and places undo burdens where they don’t belong, squarely on the backs of law abiding citizens; and

WHEREAS, there are many parts of this legislation that place an unfunded mandate on the local Sheriff Departments, County Clerks Office and County Judges, while tax payers are crying out relief; and

WHEREAS, there will be significant financial impact due to the approximately 3300 Schuyler County pistol permits that will have to be renewed requiring additional manpower and computer systems; and

WHEREAS, requiring law-abiding gun owners to verify ownership of certain types of firearms every five years, in addition to registering them on permits, which now also must be renewed every five years, does not increase the safety of the public and is unnecessarily burdensome to the residents of New York State; and

WHEREAS, this legislation effectively treats countless New York State law abiding gun owners as criminals; and

WHEREAS, the enactment of the NY SAFE Act has engendered significant controversy over both the process by which it was enacted and certain provisions contained within; and

WHEREAS, the manner in which this legislation was brought forward for vote in the State Legislature is deeply disturbing to the Schuyler County Legislature;

NOW, THEREFORE BE IT RESOLVED, that the Schuyler County Legislature does hereby oppose the enactment of the New York State Secure Ammunition and Firearms Enforcement Act of 2013 because it fundamentally alters or abridges the right to keep and bear arms without addressing the problems of gun violence; and, be it further

RESOLVED, that this Legislature hereby calls upon the New York State Legislature and Governor to set aside and annul this ill conceived and poorly drafted statute which abridges the rights of law abiding citizens of the State of New York; and further be it

RESOLVED, that the Schuyler County Legislature opposes any effort by the New York State Legislature to bundle together stricter gun control efforts with legislation that would exempt the records pertaining to handgun permit holders from disclosure under NYS Freedom of Information Law; and further be it

RESOLVED, that certified copies of this Resolution be forwarded to the Governor of the State of New York, Senator Thomas O’Mara, Assemblyman Philip Palmesano and the New York State Association of Counties.

Yates County Legislature opposes the NY SAFE Act

The NY SAFE Act has had it’s share of discussion in Yates County. A crowd of over 200 gathered on February 13th at the meeting of the Yates County Chapter of The Shooter’s Committee on Political Education (SCOPE) to voice their concerns.

The Yates County Legislature apparently also has concerns and has joined the growing list of counties opposed to the SAFE Act.

Read more…

Wayne County passes resolution

Wayne County  Board of Supervisors: “By and large, we find the legislation does little more then negatively impact lawful gun ownership,” the resolution states. “This legislation fails to offer any meaningful solutions to gun violence and places increased burdens where they do not belong, squarely on the backs of law-abiding citizens.”

Read more…

Onondaga County to call on state to reverse SAFE Act

An Onondaga County Legislator says the county will soon demand that New York repeal the historic gun laws that were put in place in the wake of the Sandy Hook massacre.

A joint news conference was held Friday morning between the legislature and the Onondaga County Sheriff’s Office.

Read more…

Erie County resolution opposing NY SAFE act

Passed 7-4 February 21st

Erie County Opposing NY SAFE Act by Evan Hempel

Village of Otisville resolution opposing the NY SAFE act

Village of Otisville by Evan Hempel

Genesee panel calls for repeal of state’s new gun control law

The Public Service Committee of the Genesee County Legislature recommended Tuesday that state lawmakers repeal the NY SAFE Act, Gov. Cuomo’s new gun control legislation.

The motion against the SAFE Act was proposed by Public Service Chairman Raymond Cianfrini. It was approved unanimously.

“I’m a Second Amendment advocate. I saw that other counties were doing it,” Cianfrini said.

Read more…