Resolution against mandatory firearm liability insurance passed by Chemung County and the Town of Catlin

RESOLUTION NO. 13-211

Resolution opposing pending New York State legislation (Senate bill S2353 and Assembly bill A3908 of 2013) which amends the New York State Insurance Law to require owners of firearms to obtain liability insurance

By: Graubard
Seconded by: Brennan

WHEREAS, legislation has been introduced by New York State Assemblyman Felix Ortiz, that would amend the New York State Insurance Law requiring all owners of firearms to obtain not less than one million dollars in liability insurance; and

WHEREAS, such legislation infringes upon the Second Amendment rights of our residents to keep and bear arms; and

WHEREAS, said liability insurance would be to specifically cover any damages resulting from any negligent or willful act involving the use of a firearm;  and

WHEREAS, such legislation also states that failure to maintain such insurance shall result in the immediate revocation of such owner’s registration, license and any other privilege to own such firearm; and

WHEREAS, said liability insurance is not readily available, as insurance policies generally exclude damages from willful acts; and

WHEREAS, requiring law-abiding gun owners to obtain liability insurance is unnecessarily burdensome to the residents of New York State; now, therefore, be it

RESOLVED, that the Chemung County Legislature opposes any effort by the New York State Legislature to amend the New York State Insurance Law to require owners of firearms to obtain liability insurance; and, be it further

RESOLVED, that the Clerk of the Legislature is hereby authorized and directed to forward certified copies of this Resolution to the Governor Andrew Cuomo, Senator Thomas O’Mara, Assemblymen Felix Ortiz, Christopher Friend and Philip Palmesano, the New York State Association of Counties, and the Inter-County Association of Western New York.

Ayes: Pastrick, Manchester, Sweet, Brennan, Graubard, Hyland, Milliken, Woodard, Hitchcock, Bennett, Jackson, Milazzo, Strange, Draxler (Chair) (14); Excused: Madl (1); Opposed: None

Passed by Chemung County Legislature on April 8, 2013.

Same resolution passed unanimously by Catlin Town Board on April 11, 2013.