Monthly Archives: March 2013

Town of Schodack resolution opposing NY SAFE Act

WHEREAS, the Town Board of the Town of Schodack has long advocated for protection of the rights afforded to 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, The New York State Legislature has recently adopted legislation (NY SAFE Act) proposed by the Governor to curtail these rights through the enactment of various anti-gun measures that will significantly impact legal gun owners and various businesses and suppliers of guns and related supplies and equipment; and

WHEREAS, This legislation was approved with scant public notice, very little public debate or review by State Lawmakers, and in the days since the legislation was introduced and enacted, concerns have arisen regarding various matters of law and potential defects in the legislation; and

WHEREAS, As New York State already has some of the toughest gun legislation in the Country, including the Sullivan Act, and concerns have been voiced that his legislation will not improve public safety in the state, including concerns by Legislators who initially supported the legislation; and

WHEREAS, Additionally, Federal Lawmakers and the President are considering legislation or executive orders that would infringe on the Second Amendment; and

WHEREAS, This legislation will affect the rights of the many law abiding gun owners in Schodack, Rensselaer County and New York State who are granted the right to keep and bear arms under the Constitution; and

WHEREAS, This legislation also does not adequately address regulation of those who are dangerously mentally ill and the many acts of violence committed by criminals who are likely to ignore this legislation, and does not address the concerns of many residents, particularly those in rural communities, to possess firearms for the purpose of home or self-defense; and

WHEREAS, The Town Board of the Town of Schodack does hereby affirm support for the Second Amendment of the U.S. Constitution and the rights afforded to residents under the Constitution, and opposes attempts to infringe on those rights;

NOW, THEREFORE, BE IT RESOLVED, That the Town Board of the Town of Schodack affirms support for the Second Amendment, and states opposition to the legislation (NY SAFE Act) adopted by the State Legislature restricting the rights of gun owners, and opposes attempts on the Federal level to implement new restrictions on these rights; and

BE IT FURTHER RESOLVED, That the Town Clerk of the Town of Schodack is hereby directed to transmit certified copies of this resolution to U.S. Senator Charles Schumer, U.S. Senator Kirsten Gillibrand, U.S. Representative Paul Tonko, U.S. Representative Chris Gibson, Governor Andrew Cuomo, State Senator Kathy Marchione, Assemblyman Steve McLaughlin and Assemblyman John McDonald.

Source

Gun rights advocates call on lawmakers to support SAFE Act repeal

Gun rights advocates came to a meeting of the Albany County Legislature fully loaded in support of a Hilltowns legislator’s push to repeal the SAFE Act.

The chamber overflowed on Monday, March 11, with a majority of the gathered crowd voicing opposition to new gun control laws. Republican Legislator Deborah Busch presented a proclamation for fellow lawmakers to sign in support of repealing the SAFE Act.

At least 14 legislators had signed the proclamation by the end of the meeting, according to Busch, meaning at least four Democrats signed on. It was not immediately clear which legislators signed the document.

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Chenango County resolutions opposing NY SAFE act

Chenango County Resolutions SAFE Act by Evan Hempel

Highlights of the March 19, 2013 meeting of the Tompkins County Legislature

Citizens Speak Out on New York SAFE Act; Legislators Call Special Public Safety Meeting Next Week to Examine the Issue

The Tompkins County Legislature listened to nearly three hours of public comment regarding the New York Secure Ammunition and Firearms Enforcement Act of 2013 (more commonly known as the SAFE Act), and decided to examine the issue at a special meeting of its Public Safety Committee next week before weighing in on the new law, which prompted comments both against and in support before Legislators tonight.

At what may have been a record in recent history for public turnout and comment before the Legislature, more than 200 citizens turned out, filling the Legislature Chambers and overflowing into the Main Courtroom at the County Courthouse. Of them, 59 people spoke—about two thirds (37) urging repeal of the Act and about one-third (22) in support. Opponents faulted both the new law itself—which they maintained is a misguided attempt that infringes upon law-abiding citizens’ rights—and the way it was rushed through to passage without public input. They said it’s time for Tompkins County to join nearly every other upstate county in opposing the law. Supporters said reasonable gun control measures are needed in New York State to reduce gun violence and, while the SAFE Act may not be perfect, it is a start. Legislator after legislator thanked those who turned out for their reasoned, passionate, and mutually respectful comments. Legislators praised it as a valuable and impressive educational session, and said they learned a lot.

A member-filed resolution from Legislator Dave McKenna, would put the Legislature on record opposing both the SAFE Act, which has imposed new regulations on gun possession and sales in New York State, and what it calls “the flawed process by which it was enacted and urges that it be replaced with “more sensible legislation.” With Mr. McKenna’s resolution and perhaps as many as four alternates in process advanced as potential alternatives and the volume of concerned public comment, Legislator Peter Stein, vice chair of the Public Safety Committee noted that “this is a very complicated issue, and I think it’s very important for us to get it right,” and he urged that the matter be referred to the Public Safety Committee to go through Legislature’s normal committee process. Others agreed that’s important for the sake of transparency and thorough examination, which many critics of the law said did not happen at the State level. The proposal to refer to committee was approved by a 10-3 vote, with Legislators McKenna, Frank Proto, and Public Safety Chair Brian Robison voting no, and Legislator Pam Mackesey excused.

Committee Chair Robison said it’s important to move forward without delay so that the matter could come before the full Legislature at its next meeting. The special meeting is scheduled Wednesday, March 27, beginning at 4:00 p.m., location to be announced. Robison said, “I am hopeful that this does not in the end turn out to be a partisan issue, because this is not a partisan issue. We are going to vote on this issue, one way or another.”

Contact: Legislator David McKenna, 564-7243; Brian Robison, Chair, Public Safety Committee, 351-3601.

PDF: Highlights of the March 19, 2013 meeting of the Tompkins County Legislature

Tompkins Lawmakers Delay Vote on Gun Law Repeal After Packed Public Hearing

Tompkins County lawmakers have tabled action on vote calling on State Lawmakers to repeal the New York Safe Act which established tighter gun restrictions Statewide.

More than 200 people packed the Tompkins County legislative session last night, many of those individuals were there in support of the repeal. The overflow crowd spilled out of the legislative chambers and into the County courtroom one floor below.

59 people spoke during the nearly 3 hour public comment period, 37 speakers urged the County Legislature to endorse the resolution to repeal the revised gun laws, while 22 people spoke in support of the new gun laws adopted back in January.

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Town of Greenfield resolution opposing NY SAFE Act

 Greenfield

RESOLUTION # 59 – Opposition to the NY Safe Act

Motion: Cochran, C.

Seconded: Chandler, C.

WHEREAS, the Town of Greenfield endorses and upholds the 2nd Amendment to the United State Constitution: “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, the Town of Greenfield endorses and upholds Article III, Section 14 of the New York State Constitution: “No bill shall be passed or become a law unless it shall have been printed and upon the desks of the members, in its final form, at least three calendar legislative days prior to its final passage, unless the governor, or the acting governor, shall have certified, under his or her hand and the seal of the state, the facts which in his or her opinion necessitate an immediate vote thereon”; and

WHEREAS, there was no urgency for the passage of the New York Secure Ammunition and Firearms Enforcement Act (referred to as the NY Safe Act) since most provisions do not come into effect for months, and the governor’s “Message of Necessity” was instead used to shut out review and public comment of the bill before passage;

NOW THEREFORE BE IT RESOLVED THAT, the Town of Greenfield opposes the law passed on January 15th, 2013, referred to as the NY Safe Act. We condemn the action taken and the way in which the law was enacted and the governor’s use of Message of Necessity to limit the debate and input on the proposal.

VOTE: Ayes: Pemrick, Kinsella, Cochran, Chandler

Noes: None Absent: Rowland

 

I HEREBY CERTIFY That the above Resolution was duly adopted by the Town Board at their March 14th, 2013 meeting.

 

MaryAnn Johnson, Town Clerk/RMC

 

Town of Romulus resolution opposing the SAFE Act

Town of Romulus resolution opposing the SAFE Act passed unanimously.

TOWN OF ROMULUS TOWN BOARD OPPOSES “NEW YORK SAFE ACT”
RESOLUTION #23-13

WHEREAS, the New York State legislature, apparently in reaction to recent acts of violence recently passed legislation virtually without preparation or study or opportunity for public comment; and

WHEREAS, such legislation, enacted under the acronym: ‘New York SAFE Act’,
severely affects the rights of law abiding New York State residents to keep and maintain firearms; and

WHEREAS, 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 re-licensing of firearms previously not requiring license or for which licenses were obtained without need for periodic renewal; and

WHEREAS, it is believed that many Seneca County residents are deeply concerned with this legislation, its effect and the undue haste with which it was enacted; therefore be it

RESOLVED, that the Town of Romulus Town Board calls for reconsideration and repeal of the so called New York SAFE Act of2013

This Resolution shall take effect immediately.

The question of the adoption of the foregoing Resolution was duly put to vote, which resulted as follows:

Motioned by: Councilman Ralph Walborn, Jr.
Seconded by: Councilman Gordon Carroll

Councilman Carroll               [yea]
Councilman Walborn           [yea]
Councilwoman McCall         [yea]
Councilman Collinsworth   [yea]
Supervisor Kaiser                  [yea]

Carried

The Resolutions were thereupon duly adopted.

Town of Wilson resolution opposing the NY SAFE act

Town of Wilson resolution by Evan Hempel

Town of Laurens resolution opposing NY 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 under the Constitution of the State of New York, and;

WHEREAS, the Right of the People to Keep and Bear Arms for defense of Life, Liberty, and Property is regarded as an Inalienable Right by the People of the Town of Laurens, New York, and:

WHEREAS, the People of the Town of Laurens, New York, derive economic benefit and recreation from all safe forms of firearms conducted within the Town of Laurens using all types of firearms allowable under the United States Constitution and the Constitution of the State of New York, and;

WHEREAS, the Town of Laurens Board, being elected to represent the People of the Town of Laurens and being duly sworn by their Oath of Office to uphold the United States Constitution and the Constitution of the State of New York, and;

WHEREAS, the New York Assembly and the New York Senate, being elected by the People of the State of New York and being duly sworn by their Oath of Office to uphold the United States Constitution and the Constitution of the State of New York, and;

WHEREAS, the Safe Act was passed by the New York State Senate and Assembly and signed by the Governor of the State of New York without sufficient public input and without a sufficiently deliberative legislative process the Town of Laurens hereby calls for the repeal of the New York Secure Ammunition and Firearms Enforcement Act of 2013 and demands that the New York State Assembly, Senate and Governor enact laws henceforth after sufficient public input and a deliberative legislative process

NOW, THEREFORE, BE IT AND HEREBY RESOLVED that the Town of Laurens’s Town Board, hereby calls for the repeal of the New York Secure Ammunition and Firearms Enforcement Act of 2013 and declares that such legislation infringes upon the Right of the People to keep and bear arms, thereby considers such an act an over reach of legislative authority and is unconstitutional.

Town of Kendall resolution calling for protection of the privacy of pistol permit holders

Passed unanimously at a Town Board Meeting of the Kendall Town Board, held on March 19, 2013 at the Kendall Town Hall, 1873 Kendall Road, Kendall, New York, Orleans County:

Councilman Schuth made the following motion, seconded by Councilman Pritchard:

RESOLUTION 39-0313 RESOLUTION CALLING ON THE NEW YORK STATE LEGISLATURE TO ENACT, AND GOVERNOR CUOMO TO SIGN INTO LAW, SUCH LEGISLATION AS SHALL PROTECT THE PRIVACY OF NEW YORK STATE PISTOL LICENSE AND CONCEALED CARRY PERMIT HOLDERS

WHEREAS, the Second Amendment to the Constitution of the United States clearly states that “the right of the people to keep and bear Arms, shall not be infringed;” and

WHEREAS, Article XII of the Constitution of the State of New York clearly states, “The defense and protection of the state and of the United States is an obligation of all persons within the state;” and

WHEREAS, the right to privacy of citizens, particularly within the confines of their own homes, is a cherished American tradition growing out from the Fourth, Ninth, and Fourteenth Amendments, and a right affirmed by the United State Supreme Court; and

WHEREAS, The Journal News, a liberal newspaper based in Westchester County, did obtain through Freedom of Information Law filings, the names and addresses of pistol permit holders in Westchester and Rockland counties, and has demanded the same in Putnam County, and may seek such information anywhere in the State of New York under the same law; and

WHEREAS, said liberal publication, The Journal News, did then use said pistol permit information to create an interactive map of pistol permit owners’ homes; and

WHEREAS, in addition to jeopardizing the privacy of citizens exercising their Second Amendment rights, this also jeopardizes the safety of those citizens who have elected not to exercise their Constitutional right to keep and bear arms by identifying for criminals which households are less likely to resist an invasion; and

WHEREAS, this information has already been utilized by criminals currently incarcerated at the Rockland County Jail, who have taunted guards there by informing them they now know their home addresses, such information having been gleaned from the interactive maps created by The Journal News; and

WHEREAS, the Honorable Dennis Sant, County Clerk for Putnam County, having received the same Freedom of Information Law request, has refused to comply in order to protect his county’s citizens; and

WHEREAS, the Honorable Michael H. Ranzenhofer of Clarence and several colleagues in the Senate did introduce S.2360 during the 2012 session, and the Honorable Gregory R. Ball of Patterson, in Putnam County, did, while serving in the Assembly, introduce in various years, similar legislation; and

WHEREAS, said legislation was unable to gain passage because the leadership of the New York State Assembly, including Speaker Sheldon Silver, refused to allow it to be acted on in committee; and

WHEREAS, Senator Ball has indicated he will introduce such legislation again this session; and

WHEREAS, it is the right of the citizens of the Town of Kendall to take any reasonable measures necessary to be secure in their homes against criminals and other dangerous trespassers; now, therefore, be it

RESOLVED, that the Kendall Town Board does hereby call upon the New York State Legislature to set as a top legislative priority the passage of legislation amending §400 Subdivision 5 of the Penal Law, to make confidential the personal information of pistol permit holders and applicants; and be it

FURTHER RESOLVED, that the Kendall Town Board calls upon the leadership of the New York State Assembly to cease its blocking of such legislation; and be it

FURTHER RESOLVED, that the Kendall Town Board calls upon its full delegation to the New York State Assembly to vote in the affirmative on any bill as shall increase protection of the identities of pistol permit holders, except as such protections shall be included with legislation that restricts the Second Amendment rights of New Yorkers, and be it

FURTHER RESOLVED, that the Kendall Town Board does hereby call upon the New York State Senate to vote upon, and pass, such legislation immediately; and be it

FURTHER RESOLVED, that the Kendall Town Board calls upon Governor Cuomo to endorse such legislation and sign it into law immediately upon its enactment by the New York State Legislature; and be it

FURTHER RESOLVED, that the Kendall Town Board commends the Honorable Dennis Sant for his execution of his charge, namely protecting the right to privacy of his county’s citizens; and be it
FURTHER RESOLVED, that the Town of Kendall shall forward copies of this Resolution to Governor Cuomo, Senate Vice President Pro Tem George D. Maziarz; Member of Assembly Steve Hawley; Speaker of the Assembly Sheldon Silver, Assembly Majority Leader Joseph D. Morelle, Assembly Minority Leader Brian M. Kolb, Orleans County Chapter of SCOPE; NYSAT; and all others deemed necessary and proper.

Supervisor Gaesser called for a roll call vote, with the following results:
Councilman Pritchard      aye
Councilman Schuth          aye
Councilwoman Szozda      aye
Supervisor Gaesser           aye
Supervisor Gaesser declared the motion carried.

(Clerk’s note: Councilman Joseph was excused from this meeting.)

STATE OF NEW YORK:
COUNTY OF ORLEANS: ss
TOWN OF KENDALL
I, Amy K. Richardson, Town Clerk of the Town of Kendall, County of Orleans, and State of New York, DO HEREBY CERTIFY that I have compared the foregoing resolution duly adopted by the Town Board of the Town of Kendall, on the 19th day of March, 2013 with the original now on file in my office, and the same is a correct and true copy of said resolution and of the whole thereof.
Dated: March 21, 2013
_______________________ Town Clerk