Monthly Archives: February 2013

Chautauqua County residents are facing an uphill battle

Chautauqua County residents are facing an uphill battle in the effort to get a resolution for the repeal of the SAFE Act passed. Though there enough votes gathered at this time to bring about a vote at the meeting of the full legislature on Wednesday, February 27th at 6:30 pm, there are still not enough votes to get it passed.

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Erie County Legislature calls for repeal of SAFE Act

Erie County legislators have added their voices to a chorus of people across the state calling for the new state gun law to be repealed.

The County Legislature voted, 7 to 4, on Thursday to approve a resolution calling on the state to repeal and revise the New York State SAFE Act of 2013 “in a manner that is respectful of the Second Amendment rights of New Yorkers.”

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Columbia County Human Services Director objects to state’s SAFE Act and County reconsidering passing a resolution

Columbia County Department of Human Services Director Michael Cole is speaking out against the NY SAFE Act, the gun control legislation passed by the state legislature last month. Cole said the new law will be a burden on his department and may require the department to hire another employee to handle additional paperwork.

In statements made to the Health and Medical Services Committee of the Columbia County Board of Supervisors Wednesday, Cole said the new reporting requirements would add a “formality” to work which is already done by the department, which oversees county-run mental health services. The legal mandate kicks in March 16. He said he is not sure how much the new regulations could cost the county. “It’s not money well spent and it’s not funded,” he said.

In addition, Cole said he objected to the legislation because it increases the “stigma” on the mentally ill. “We’re trying to increase access and decrease stigma,” said Cole.

Last week, the Board of Supervisors decided not to act in support or against the NY SAFE Act. Some county legislatures around the state have been taking up resolutions against the law. On Wednesday, Board of Supervisors Chairman Patrick Grattan said the county may reconsider voting on such a resolution.

“We are considering everything,” he said. Grattan said he has received about two dozen emails and some phone calls on the issue. “We’re listening to everybody (who) has a comment on it.”

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Greene county lawmakers vote to take a stand against NY Safe Act

If a new bill passes as law in the state in New York, Tom may have to get liability insurance for those firearms. The bill would require liability insurance of at least $1 million. “We’re opposing that before it gets to the floor,” said Wayne Speenburgh, the chairman of the Greene County legislature.

Greene county legislatures voted unanimously for a resolution that strongly opposes the bill and any other laws that would require gun owners to be insured. “It can run anywhere from $125 to $200 a year,” said Speenburgh.

“The hassle involved would be the thing as soon as you’re insured you’d have to register it,” said Gentalen. “Making it very hard to have and own a firearm.”

As opposition continues to grow from gun owners, the county board members also voted on another resolution. The resolution asks the state to revisit gun legislation and repeal the NY Safe Act. “I would hope the governor is listening and understands he’s awakened a sleeping giant,” said Speenburgh.

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Text of resolutions

Town of Seneca resolution opposing NY SAFE Act

RESOLUTION NO. 35-13

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

WHEREAS, The right to bear arms is guaranteed by the Second Amendment of the U.S. Constitution, as well as the Civil Rights Law of the State of New York; and

WHEREAS, Our oath of office is unambiguous; “”I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the State of New York, and that I will faithfully discharge the duties of the office of …………, according to the best of my ability;”; and

WHEREAS, The New York State Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013 was rushed to passage by the New York Senate, Assembly and Governor, is contrary to the Second Amendment of the United States Constitution and will have a detrimental effect on hunters, sportsmen and legal gun owners acting on their right of self defense; and

WHEREAS, The SAFE Act of 2013 contains a few positive measures in pursuit of enhanced gun safety, notably;

  1. The law makes killing emergency first responders an aggravated or first degree murder offense requiring life without parole.
  2. The law requires a comprehensive review of mental health records before firearms permits are granted and review of records to determine if revocation of permits is required.
  3. The law provides that guns must be safely stored if the owner lives with someone who has been convicted of a felony or domestic violence crime, has been involuntarily committed, or is currently under an order of protection.
  4. The law adds several increased sanctions for violation of New York gun laws and creates new gun crimes which did not previously exist; and

WHEREAS, This legislation imposes far more burdensome regulations upon law abiding gun owners; notably;

  1. The law’s definition of assault weapons is too broad, and prevents the possession of many weapons that are legitimately used for hunting, target shooting and self defense.
  2. The law enacts reductions in the maximum capacity of gun magazines which unfairly limits the design capabilities of guns purchased legally for over a century, strikes only at law-abiding citizens and will not make New Yorkers safer.
  3. The law requires a five year recertification of pistol permits and registration of existing assault weapons which is an unfair impediment contrary to the Second Amendment, strikes only at law-abiding citizens and will not make New Yorkers safer.
  4. The new law imposes several new provisions regarding how, and from whom, ammunition can be lawfully purchased which is an unfair impediment contrary to the Second Amendment, strikes only at law-abiding citizens and will not make New Yorkers safer; and

WHEREAS, This legislation creates an environment in the state hostile to gun manufacturers and gun ownership; now therefore be it

RESOLVED, That the Seneca Town Board opposes the enactment of the New York State Ammunition and Firearms Enforcement Act of 2013 because it fundamentally alters and minimizes the right to keep and bear arms while minimally addressing the problems of gun violence; and

RESOLVED, That the Seneca Town Board calls upon the New York State Legislature and Governor to rescind the New York State Secure Ammunition and Firearms Enforcement Act of 2013; and

RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Governor of the State of New York, Senator Michael Nozzolio and Assembly Minority Leader Brian Kolb.

Village of Blasdell resolution opposing the NY SAFE act

Resolved by Trustee McDonald, seconded by Trustee King to adopt the following resolution:

WHEREAS, on Monday, January 14, 2013 the rights under the Second Amendment of our Constitution was infringed on without due process, and

WHEREAS, the Gun Control Bill (S.2230) known as NY SAFE Act was rushed through the Senate and Assembly without one single public hearing or input form the various Law Enforcement Agencies located around our State, and

WHEREAS, even the State lawmakers did not have time to review the bill as presented leaving questions about implementation and regulation of this new law, and

WHEREAS, this law should focus on increasing penalties for criminals who use firearms to harm and threaten law abiding citizens and address the issues of mental illness related to violence, and

WHEREAS, the Village of Blasdell Board of Trustees realizes that NY SAFE Act, gun control law must be repealed and replace the restrictive parts of the enacted law,

NOW, THEREFORE BE IT RESOLVED, that the Village of Blasdell Board of Trustees urgently asks Governor Cuomo and the Legislative leaders to suspend this law as soon as possible and to look at all aspects of gun control in a more logical manner, focusing on the real issues related to gun control – a law that will strengthen the effect on public safety and not infringe on our constitutional rights.

~ Carried 4 – 1 Mayor Petrie, Trustee McDonald, Trustee Hefner, Trustee King – Yes Trustee Chandler – No

Dutchess County Deputy Sheriffs PBA statement on NY SAFE act

The Dutchess County DSPBA position in regards to the NYS SAFEACT.

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

The Honorable Terry Gipson
New York State Senator, 41st District
Legislative Office Building, Room 617
Albany, NY 12247

Dear Governor Cuomo and Senator Gipson

This letter is in regards to the Dutchess County Deputy Sheriffs Police Benevolent Association’s opposition to the New York State SAFEACT.

It is a great concern of our association how this bill was hastily passed into law without public involvement in the legislative process, which is the norm for any other body of legislation within the State of New York. The actions of all involved elected officials with this bill ignore the principles our founding fathers fought for in the establishment of this great nation. Furthermore, these actions erode the public’s trust in our elected officials and leave its constituents with a law that has numerous technical flaws.

It is not the decision of government to decide on how the citizens of a free and democratic society shall defend themselves. This law further hinders law abiding citizens who have the right, established by our creator to bear arms, from defending themselves and will create a new layer of criminal offenders. In common terms, this law will not deter crime since criminals -as for their definition- do not follow the law.

The Dutchess County Deputy Sheriffs PBA will work in conjunction with any and all other NYS Law Enforcement Police Benevolent Associations to see that this law is repealed. As an association, we will only support elected officials who have opposed this legislation and who further promote individual democratic rights.

Sincerely,

Kenneth J. Powers
President – DCDSPBA

Source

Indian Lake voices concerns over New York SAFE Act, gun control

The Monday, Feb. 11 Indian Lake Town Board meeting was met with an unusually large number of attendees upset about the state’s new gun control law.

Most were members of the local Rod and Gun Club and were in attendance to support a resolution to defy and repeal the recent New York state gun control legislation embodied in the Secure Ammunition and Firearms Enforcement Act (SAFE). The SAFE Act, being referred to as the most restrictive gun control law in the country, was signed into law Jan. 15, 2013. It is supposed that the law was a response to the horrific shootings at the Sandy Hook Elementary School just before the Christmas holiday this past December.

Opposition to the law has been based on its supposed Federal and State unconstitutionality, tightening and frequency of licensing standards, restriction of ammunition magazine size, etc.

Supervisor Brian Wells read a proposed resolution that was closely modeled after a resolution recently put forward by Ulster County. The resolution passed in a 3-2 vote of the board with Councilwoman Sally Stanton and Councilman John Valentine both casting “no” votes.

Immediately following the vote, Stanton offered an explanation for her voting against the resolution, saying that in good conscience she did not believe that the SAFE act should be repealed because it does have some benefit. Instead, she directed the attention of the board to the recent resolution passed by Hamilton County, supporting the New York State Sheriffs’ Association’s position on the SAFE Act.

Stanton then proposed the Hamilton County resolution to the board for approval. The board approved this resolution unanimously. Both resolutions will be available on townofindianlake.org website for public review.

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Text of resolutions

We made national news!

Local leaders said the push for resolutions in opposition to the gun law hasn’t come from one particular group. And while some counties have consulted with one another about how to craft the resolutions, there isn’t one specific template that they are all using — though many are similar.

“It’s got grassroots. There’s no overarching group pushing this,” said Evan Hempel, a town council member in Clermont, Columbia County, N.Y., who is keeping track of the resolutions on a website, www.nysaferesolutions.com.

Most of the resolutions knock the hasty passage of the law. Cuomo bypassed a three-day waiting period for the bill to be adopted, using what’s known as a message of necessity. Lawmakers approved it within hours of the bill being printed.

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Town of Lincklaen resolution in opposition to the SAFE act

Passed unanimously February 20th.

Lincklaen SAFE Act Resolution by Evan Hempel