Monthly Archives: March 2013

Town of Covert resolution opposing the SAFE Act

RESOLUTION:  Governor and Legislature Set Aside and Annul the “NY SAFE ACT”

WHEREAS, New York’s Civil Rights Law, Article 2, Section 4, states “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed”: and

WHEREAS, The Second Amendment to the United States Constitution states “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed”: and

WHEREAS, Governor Andrew M. Cuomo and the New York Legislature passed the NY SAFE ACT without discussion with, nor input from, New York’s county sheriffs or private citizens: and

WHEREAS, The NY SAFE ACT’s reduction in the allowed magazine capacity of privately owned firearms from the industry standard ten rounds to only seven rounds, and classifying the most widely owned modern sporting rifles as “assault weapons” based merely on cosmetic features, are both arbitrary and capricious, and create a severe restriction on the ability of law abiding New York citizens to legally acquire firearms: and

WHEREAS, The NY SAFE ACT imposes severe restrictions on law abiding New York citizens’ right of self defense: and

WHEREAS, The NY SAFE ACT’s limitations on the Constitutional rights of law abiding citizens will not make New York residents safer: and

WHEREAS, The NY SAFE ACT effectively turns countless law-abiding New York gun owners into criminals without any reason: and

WHEREAS, Seneca County Sheriff Jack Stenberg has issued a statement critical of these restrictions placed on New York citizens’ constitutional rights by the NY SAFE ACT: and

WHEREAS, The NY SAFE ACT transfers the responsibility for our local school safety plans from our own Seneca County Sheriff to state agencies: and

WHEREAS, The Covert Town Board is in agreement with Sheriff Stenberg’s statement critical of the NY SAFE ACT: and

WHEREAS, Due to the high priority of this issue, we direct the Covert Town Clerk to forward a copy of this resolution to all Seneca County Town Clerks, Seneca County Supervisors, Senator Michael F. Nozzolio, Assemblyman Philip A. Palmesano, Senate Republican Conference Leader Dean G. Skelos, Senate Independent Democrat Conference Leader Jeffrey A. Klein, Assembly Speaker Sheldon Silver, Assembly Minority Leader Brian M. Kolb, Governor Andrew M. Cuomo and Seneca County Sheriff Jack S. Stenberg: and

NOW, THEREFORE, BE IT RESOLVED, that we, the undersigned members of the Covert Town Board, call upon the New York State Legislature and Governor Andrew M. Cuomo to set aside and annul the ill conceived and poorly drafted NY SAFE ACT, which infringes the rights of law-abiding citizens of the State of New York, Seneca County, and the Town of Covert

Daily Freeman article reporting on Saugerties meeting concerning the SAFE Act

A resolution declaring opposition to the state’s new gun-control law has been bypassed the Town Board in favor of one that calls on the state to amend portions of the legislation.

During a board meeting Wednesday, Town Supervisor Kelly Myers introduced a resolution opposing provisions of the Secure Ammunition and Firearms Enforcement (SAFE) Act and the way it was adopted by state lawmakers.

Rather than voting on that proposal, though, the board opted for an amended resolution offered by Councilman Bruce Leighton. It asks the state to amend the SAFE Act to address issues of enforcement and financial hardship caused by any unfunded mandates, as well as repeal any parts of the act that infringe upon the right to bear arms.

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Town of Manchester resolution opposing NY SAFE act

RESOLUTION NO. XXX-2013

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 Manchester 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 Manchester 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.

SCHOHARIE COUNTY : Board: Not a dime on gun law

Supervisors vote to defy SAFE Act

Schoharie County supervisors will be informing state officials by mail that the county will not spend a dime enforcing the state’s new gun control law.

Anger and resentment have been growing in the rural county ever since Gov. Andrew Cuomo and the state Legislature rushed passage of the NY SAFE Act in January with no debate or public hearings, and county officials had harsh words for the law they see as both an unfunded mandate and intrusion on people’s rights.

Supervisor Larry Bradt, R-Carlisle, offered two resolutions during the board’s monthly meeting Friday, one to defy enforcement of the law and the other to demand Assemblyman Peter Lopez, R-Schoharie, and Sen. James Seward, R-Oneonta, vote “no” on any state budget proposal that includes money to enforce the law.

Both were approved following discussion that drew applause from residents attending the meeting.

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Town of Coeymans resolutions calling for repeal of NY SAFE act and opposing mandatory firearms liability insurance

RES. #54-13 AUTHORIZE SUPPORT OF SECOND AMENDMENT

On motion of Councilman Masti, seconded by Councilman Boehm, the following resolution was APPROVED – VOTE – AYES 5 – NAYS 0 – SO MOVED

CALLING FOR REPEAL OF THE ENACTMENT OF THE NEW YORK SAFE ACT

WHEREAS, the Right of the People to Keep and Bear Arms is guaranteed as an Individual Right under the Second Amendment to the United States Constitution and that this right is regarded as an inalienable right of the people of the Town of Coeymans; and

WHEREAS, the lawful ownership and use of firearms is, and has been, a valued tradition in the Town of Coeymans and that the right to bear arms is exercised by many Town residents for which the Town derives economic and environmental benefits from safe forms of recreation involving firearms which includes hunting and target shooting; and

WHEREAS, our New York State representatives could not and did not have the time to request and receive the input of their constituents regarding this matter which is the standard by which the Town of Coeymans holds itself to when it comes to the enactment of such a controversial law and is a matter of simple due process; and

WHEREAS, the crafting of the New York SAFE Act resulted in complex policy changes, many subject to interpretation and are confusing to a vast number of public officials as well as the law enforcement officials who are required to enforce and explain them; and

WHEREAS, in our opinion, there was no reason for the Governor to use a message of necessity to bring this bill to vote immediately and bypass the three day maturing process for all legislation; and

WHEREAS, requiring law-abiding firearms owners to verify ownership of certain types of firearms every five years, in addition to registering them on their permits, which now must also 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, the only persons who will comply with the new high-capacity magazine ban are law-abiding citizens, leaving the same high-capacity magazines in the hands of those who choose not to obey the law; and

WHEREAS, requiring documentation of all ammunition sales in New York State, as provided for in this legislation, is a significant unfunded mandate on businesses and is a back-door approach to all firearms registration; and

WHEREAS, this legislation fails to offer any meaningful solution to firearms violence and places increased burdens where they do not belong, square on the backs of law-abiding citizens; and

WHEREAS, while there are some areas of the legislation that the Town of Coeymans finds encouraging, such as addressing glaring shortcomings in the mental health system, the strengthening of Kendra’s Law and Mark’s Law (which provides additional penalties for assaulting first responders), as well as privacy protections for pistol permit holders, by-and-large, we find the legislation does little more than negatively impact lawful firearms ownership;

NOW, THEREFORE, BE IT RESOLVED, that the Town of Coeymans Town Board does hereby demand the repeal of all the section of the New York SAFE Act which we believe infringes upon the right of the people to keep and bear arms; and is in our opinion unconstitutional under both the Federal and State Constitution; and

BE IT FURTHER RESOLVED, that the Town of Coeymans strongly encourages the members of the New York State Legislature to hold public hearings to address the issue of gun violence in a way that will produce meaningful results; and be it further

RESOLVED, that the Town of Coeymans Town Board requests the member of the New York State Senate and Assembly who represent all or part of the Town of Coeymans, to reply in writing, with their views on, and actions taken, in support of, or opposition to, the New York SAFE Act; and be it further

RESOLVED, that copies of this resolution be sent to Governor Andrew Cuomo, Senator Dean Skelos, Senator Cecelia Tkaczyk, Assembly Speaker Sheldon Silver, Assemblyman Peter Lopez and the New York State Association of Towns.

RES. #55-13 OPPOSITION OF FIREARMS MANDATE TO BUY LIABILITY INSURANCE

On motion of Councilman Boehm, seconded by Councilwoman Rogers, the following resolution was APPROVED – VOTE – AYES 5 – NAYS 0 – SO MOVED

WHEREAS, there is currently pending in the New York State Assembly Bill #AD3908, which will require owners of firearms to obtain liability insurance in an amount not less than one million dollars; and

WHEREAS, said proposed legislation has been referred to the Assembly Legislative Committee on Insurance; and

WHEREAS, this proposed legislation constitutes nothing more tan a back door approach to prohibit legal firearms ownership in this State; and

WHEREAS, such mandatory insurance coverage would accomplish nothing more than to burden responsible, law-abiding taxpayers wile doing nothing to prevent the perpetrators of criminal acts involving firearms; and

WHEREAS, it is constitutionally impermissible to require citizens to obtain liability insurance to exercise their rights under the second amendment; and

WHEREAS, the only predictable outcome of the passage of this law is an increase in profits to insurance companies;

NOW, THEREFORE, BE IT RESOLVED, that the Town of Coeymans herby strongly opposes any attempt to mandate firearms owners to buy liability insurance; and

BE IT FURTHER RESOLVED, that the Coeymans Town Board requests the members of the New York State Senate and Assembly who represent all, or part of, Town of Coeymans to reply in writing with their views on, and actions taken, in support of, or opposition to the Proposed Firearms Insurance Bill, and

BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor Andrew Cuomo, Senator Dean Skelos, Senator Cecilia Tkaczyk, Assembly Speaker Sheldon Silver, Assemblyman Peter Lopez, Assemblyman Felix Ortiz and the New York State Association of Towns.

Batavia Town Board joins chorus opposing new state gun control law

The town of Batavia has joined in requesting the state repeal its restrictive new gun-control law and seek public input on the issue for future consideration.

A resolution, approved on a 5-0 vote at Wednesday night’s Town Board meeting, opposes any legislation, including sections within the first chapter of the SAFE Act “which infringe upon the (Constitutional) right of the people to keep and bear arms.”

It also questions the process by which the Secure Ammunition and Firearms Enforcement Act was enacted.

Read more…

Visualization of County resolutions

Sullivan County Legislature passes resolution to repeal New York’s gun law

The Sullivan County Legislature approved a resolution calling for a repeal of New York’s SAFE Act gun-control measure on a day when more than 200 gun-rights supporters swarmed Government Center for a noon rally.

Many of those at the rally stayed to watch the Legislature unanimously support repeal of the law.

Legislators Gene Benson and Cora Edwards introduced Sullivan’s repeal resolution, which is similar to resolutions passed around the state, including in Ulster County.

“I swore to uphold the Constitution of the United States of America and the Constitution of the state of New York,” Benson told the crowd that rallied outside Government Center’s south entrance. “We the people are at the bottom. We have to let the people at the top know where we stand.”

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Town of De Kalb resolution calling for repeal of the NY SAFE act

Passed unanimously Wednesday March 20th.

 

Resolution Re: NEW YORK SAFE ACT OF 2013

Introduced by the Town of De Kalb – Town Board

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

WHEREAS, Governor Andrew M. Cuomo enacted said law swiftly and without regard of the concerns or opinions of the Citizens of NY State and

WHEREAS, the haste of our State Legislature and Governor passing this Law has resulted in a Law which is flawed and affects our State and local Law enforcement officers in performing their duties and

WHEREAS, the NY SAFE ACT is in direct contradiction of our rights under the Second Amendment of the Constitution of the United States of America and limits the rights of the Citizens of NY State to protect themselves as allowed under this Constitution from this very type of tyranny and

WHEREAS, because of this law Gun Manufacturers are now refusing to sell their Firearms to local Law Enforcement Agencies within States which do not allow the Citizens of these States the right to own and or bear Firearms as protected by the Second Amendment to the United States Constitution and

WHEREAS, the definition of Assault Weapons as pertained in the NY SAFE ACT of 2013 is opinionated and without merit and

WHEREAS, the Statistical history of murders committed in NY State show this Law would have little or no effect on saving life’s and

WHEREAS, this Law affects the rights of thousands of Honest Law Abiding Citizens that own and use the Firearms that this Law would make illegal and cause for mandatory registration of Firearms and or Magazines that have been used for many years by the citizens of NY State without incident and in fact be punishing these Law Abiding Citizens for fear of the actions of a few and

WHEREAS, this law will have no affect on the Criminally Insane or the people of this State that wish to do harm onto others with the use of a Firearm as a weapon as there is no regard for Laws, Regulations, or Loss of Life now when a Crime is committed with a unlawful Firearm

SO BE IT RESOLVED that the Town of De Kalb Town Board respectfully submit to the Governor of the State of New York, Andrew M. Cuomo, to repeal the New York Secure Ammunition and Firearms Enforcement Act of 2013 (NY SAFE ACT) and

BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the following:

St. Law. County Administrator Karen St. Hilaire, St. Law. County Legislator Frederick S. Morrill, St. Law. County Sheriff Kevin Wells, Senator Charles Schumer, Senator Kirsten E. Gillibrand, Senator Joseph A. Griffo, Senator Patricia A. Ritchie, Senator Elizabeth O’C. Little, Congressman Bill Owens, Assemblywoman Addie J. Russell, Assemblyman Kenneth Blankenbush, NYS Assembly Leader Sheldon Silver and NYS State Senate Leader Dean Skelos.

 

PASSED 5-0

Wednesday, March 20, 2013

 

Town of Glenville resolution calling for repeal of SAFE act

Glenville SAFE Repeal Resolution by Evan Hempel