Orange County resolution opposing the use of the county seal

RESOLUTION OPPOSING THE USE OF THE OFFICIAL NAME, SEAL, LETTERHEAD AND AUTHORITY OF THE COUNTY OF ORANGE AND THE NAME AND LIKENESS OF COUNTY ELECTED OFFICIALS WITHOUT THE EXPRESSED WRITTEN CONSENT OF THE COUNTY OF ORANGE.

WHEREAS, Chapter 1 of the laws of 2013, known as the New York Secure Ammunition and Firearms Enforcement Act (“NY SAFE Act”) was signed into law by Governor Andrew M. Cuomo on January 15, 2013. The NY SAFE Act amends various provisions of New York Law in relation to firearms and ammunition; and

WHEREAS, the Orange County Legislature has vehemently opposed the NY SAFE Act, by Resolutions Nos. 50, 72 and 233 of 2013, (attached hereto and made a part hereof), given its impact on: (i) an individual’s right to keep and bear arms, (ii) the undue burdens the NY SAFE ACT places on local governments to implement its provisions, and (iii) the lack of state funding; and

WHEREAS, it has come to this Legislature’s attention that New York State agencies have expressed their intention to issue pistol permit “recertification” notices utilizing the seals of the respective counties of residence of pistol permit holders; and

WHEREAS, the New York Sate Association of County Clerks and many counties have gone on record opposing the New York State’s unauthorized use of their county seals and the name and likeness of county elected officials, without consent, for purposes of implementing the NY SAFE ACT; and

WHEREAS, Orange County Local Law No. 11 of 1999, entitled “A Local Law Regulating the Use of the Official Name, Seal and Authority of the County of Orange,” prohibits the use of any official county position, or title or the use of name, seal, flag, title, letterhead, symbols, property, facilities or resources of the government of the County of Orange for any private or “non-county purpose” or in connection with any private or non-county function, . . . ,” without prior authorization.

NOW THEREFORE, be it

RESOLVED, that the Orange County Legislature does hereby oppose the use of the Orange County official name, seal, letterhead and authority of the County of Orange and the name and likeness of county elected officials without the expressed written consent of the County of Orange; and be it further

RESOLVED, that the Clerk of the Orange County Legislature is hereby directed to send certified copies of this Resolution to the Honorable Andrew M. Cuomo, Governor of the State of New York, Senate Vice President Pro Team George D. Maziarz; Senate Temporary President Dean G. Skelos, Senate Deputy Majority Leader Thomas W. Libous, Senator Gregory R. Ball, Senator John J. Bonacic, Senator William J. Larkin, Member of the Assembly Aileen M. Gunther, Member of the Assembly James Skoufis, Member of the Assembly Claudia Tenney, Member of the Assembly Frank Skartados, Speaker of the Assembly Sheldon Silver, Assembly Majority Leader Joseph D. Morelle, Assembly Minority Leader Brian M. Kolb, and all others deemed necessary and proper.

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