Monthly Archives: December 2013

New York State Association of County Clerks passes resolution banning the state from using county seals in SAFE Act promotions

Oswego County Clerk Michael Backus said he voted in November for a resolution banning the state from using county seals in his SAFE Act promotions.

“I voted for, and the (state) Clerks Association unanimously passed, a resolution opposed to the use of county seals regarding the SAFE Act,” Backus said.

“Quite honestly, it’s another example of how flawed this law is that the governor shoved through the legislature,” Backus said. “It was advertised to have no financial impact on counties and that has been proven to be false.”

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Delaware And Schoharie County Oppose SAFE Act

Correction to article: As of December 26th 2013, this news article is incorrect about the number of counties objecting to use of their county seal or logo in conjunction with state SAFE act communications.  52 counties have opposed the so called SAFE act, but the movement to pass resolutions regarding use of county seal or logo is just beginning at this point.  We are keeping a separate list of county seal resolutions; click to see the current total.

Earlier this month, the Delaware County Board of Supervisors joined 56 other New York State counties by passing a resolution objecting to the use of the county’s seal or logo on the state’s website associated with SAFE Act required pistol permit recertifications or any other SAFE Act associated websites or literature.

County officials expressed particular frustration and, in some cases, anger over the additional resources the law is requiring from county officials, including the sheriff and county clerk, in enforcing a law which was supposed to be the responsibility of the state.

“It’s just another unfunded mandate from Albany”, said Davenport Supervisor Dennis Valente. “And the state seems to be handling it with the same amount of efficiency they are using with the STAR program.”

Middletown Supervisor Marjorie Miller was the only supervisor present at the meeting to vote against the resolution.

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Legislature bans use of Rensselaer County seal in SAFE Act enforcement

The Rensselaer County Legislature is attempting to further distance itself from the New York SAFE Act by recommending that the county seal and any likeness of it not be used in the law’s enforcement.

The Legislature voted 11-6 in favor of the resolution on Tuesday as legislators said barring the use of the seal during enforcement would emphasize it is a state law and not a county one.

“We want residents to have no doubt that if they are receiving any correspondence regarding the NY SAFE Act that it is coming from the state and not the county,” said Thomas Walsh Sr., R-District 3.

The Legislature’s Republican majority has voiced its opposition to the SAFE Act since it was enacted in January; in February, it passed a resolution condemning the law, claiming it is in violation of the second amendment.

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Cattaraugus County Legislature voted unanimously this week to deny the state permission to include the county on its paperwork

Cattaraugus County has become the latest to distance itself from the state’s controversial SAFE Act gun control law, seeking to block the state from using the county name and seal on paperwork related to the recertification of pistol permits called for by the law.

The County Legislature voted unanimously this week to deny the state permission to include the county on its paperwork. The move comes out of concern that state officials plan to have letters sent to pistol permit holders that bear both the state seal and the county seal, in an effort to ease the minds of permit holders, said County Clerk James Griffith.

He said he believes it would increase communication to the County Clerk’s Office about the process, even though his office has nothing to do with the recertification.

County legislators are hopeful that they have blocked the state from a tactic that could result in confusion and create mistrust at the county level.

“It’s false advertising,” one legislator murmured.

“It is my understanding that New York State thought that, by doing this, local gun owners would think the local agency has authority in the recertification process,” County Attorney Tom Brady said. “If they have any other reasons to do this, I have not heard of them.”

According to the language of the SAFE Act, the recertification of pistol permits will be handled by the State Police on a five-year basis.

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Otsego County does not want its official seal used on a New York State Police web site

Otsego County has become one of the first counties in New York to tell the state it does not want its official seal used on a New York State Police web site being created to help gun owners comply with a new mandate that they renew their county-issued pistol permits.

“This would make more work for us,” Sheriff Richard Devlin Jr. told the county Board of Representatives this week before panel voted 13-0, with one abstention, to come against having any county logo or seal on a web site now being set up by state police.

The pistol permit recertification requirement was one of the legs in Gov. Andrew Cuomo’s gun-control measure, known as the SAFE Act, which was adopted in Albany last January. Certain features of the law, such as restrictions on the size of ammunition magazines, have proven to be unpopular with some county sheriffs across the state.

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Wyoming County wants no role in SAFE Act

When state officials contact pistol permit holders about recertifications, they won’t be using Wyoming County imagery.

The county’s Board of Supervisors has denied permission for the state to use the county’s name, seal, letterhead or address during the process — or for any other purpose associated with the N.Y. SAFE Act.

“I guess at first it goes back to the county clerk and the sheriff,” said Chairman Douglas Berwanger. “That seal belongs to them when they take office. They do not support the SAFE Act, and each official brought their concerns to the committee.

“(This kind of measure) is not new to New York state,” Berwanger continued. “There are other counties that have done this, so we had that template to follow, and we passed it.”

Under the SAFE Act, handgun owners must now have their pistol permits recertified every five years. The permits were previously effective for a person’s lifetime, barring criminal behavior or similar disqualifiers.

The law has proven highly-controversial, especially in upstate and rural areas. Numerous Board of Supervisors members spoke against it this past February, before passing a resolution stating their opposition.

“Once again, if the state wants to be responsible for the SAFE Act, then they should put their name and seal on it, not Wyoming County’s,” Berwanger said. “ … It gives the impression the county condones the SAFE Act or accepts it, and that’s not the case.”

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Schoharie County resolution denying NY State the right to use county name or seal

Whereas, the State of New York has passed a gun control law referred to as the SAFE Act, and

Whereas, this act clearly indicates that the enforcement of this law is the responsibility of New York State, and

Whereas, in recent discussions, the State has indicated an interest in using the Seal of Schoharie County and the names of the offices of the Schoharie County Sheriff in pistol permit recertification notices, and

Whereas, the County Sheriff has voiced his strong objection to this request and suggestion, now, therefore, be it hereby

RESOLVED, that the Schoharie County Board of Supervisors denies the State of New York permission to use the Name, Seal of the County or any other likeness of it, Sheriff’s Office Logo, letterhead or address for purposes of correspondence with legal and registered gun owners regarding permit recertification or any other purpose associated with the SAFE ACT, and it be further

RESOLVED, that copies of the resolution should be transmitted to the office of the Governor of New York State, the Superintendent of State Police, NYS Senator James L. Seward, Assemblyman Peter Lopez and the legislature of every County in the State of New York

The resolution passed 11-3, supervisors Robert Mann and Donald Brandow were absent, and three voted against the resolution: Anne Batz, Carl Barbic, and Amber Bleau.

Cortland County resolution denying the State of New York permission to use its name, Seal of the County, letterhead, or address

ON MOTION OF MICHAEL PARK, CHAIR, LEGISLATIVE DISTRICT 11 RESOLUTION NO. 316-13

Objection to the Use of Cortland County’s Seal or Logos on State Website Associated with Pistol Permit Recertification And/Or the Ny Safe Act of 2013 Sheriff’s Office

WHEREAS, the State of New York has passed a gun control law referred to as the SAFE Act, and;

WHEREAS, this act clearly indicates that the enforcement of this law is the responsibility of New York State; and

WHEREAS, in discussions the state has indicated an interest in using the Cortland County Seal and the names of the offices of the Cortland County Sheriff and Cortland County Clerk in pistol permit recertification notices; and

WHEREAS, the County Sheriff and the County Clerk have voiced their strong objections to this request and suggestion

NOW, THEREFORE, BE IT RESOLVED that the Cortland County Legislature denies the State of New York permission to use its name, Seal of the County, letterhead or address for purposed of correspondence with legal and registered gun owners regarding permit recertification or for any other purpose associated with the SAFE Act; and

BE IT FURTHER RESOLVED that certified copies of this resolution be sent to Governor Andrew M. Cuomo, Senator James L. Seward, Assemblywoman Barbara Lifton, Assemblyman Brian Kolb, Assemblman Gary Finch, the Superintendent of State Police, and the legislature of every County in the State of New York.

Town of Stony Creek resolution opposing the NY SAFE act

Stony Creek resolution

Schuyler County resolution denying use of county name and seal in SAFE act recertification

RE: RESOLUTION DENYING USE OF COUNTY NAME AND SEAL IN SAFE ACT RECERTIFICATION PROCESS POWERS FOR THE COUNTY OF SCHUYLER

WHEREAS, the State of New York has passed a gun control law referred to as the SAFE Act, and

WHEREAS, this act clearly indicates that the enforcement of this law is the responsibility of New York State, and

WHEREAS, in recent discussions the State has indicated an interest in using the Seal of each County and the names of the offices of the County Sheriff and County Clerk in pistol permit re-certification notices, and

WHEREAS, the County Sheriff and the Clerk have voiced their strong objection to this request and suggestion.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature denies the State of New York permission to use the name, Seal of the County of Schuyler, letter head or address for purposes of correspondence with legal and registered gun owners regarding permit re-certification or for any other purpose associated with the SAFE Act, and

BE IT FURTHER RESOLVED, that certified copies of this Resolution will be forwarded to the office of the Governor of New York State, the Superintendent of State Police, New York State Senator Thomas F. O’Mara, New York State Assemblyman Philip A. Palmesano, and the legislature of every County in the State of New York.