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More information on our FOIL request

Posted on July 14, 2013 | 1 comment

A dedicated supporter crunched through the 558 pages of resolutions we got in response to our FOIL request to the governor’s office. Overall, the request produced documentation identifying 200 municipal resolutions in opposition to the SAFE Act, most of the 52 county resolutions in opposition, and a handful of resolutions in support. Of the municipal resolutions in opposition, there were 48 (spread across 28 counties) which were not already identified on the http://NYSafeResolutions.com/ webpage. At the time of receipt of the FOIL request, we were already aware of 253 resolutions in opposition to the SAFE Act, and many of those 253 were not included in the FOIL request. The combination of the 253 previously known resolutions with the 48 new resolutions in the FOIL request, now result in an overall total of 301 municipal resolutions in opposition to date. The many dozens of missing resolutions from the FOIL request could have been missing for any of several reasons, including: some municipalities that did not mail their resolutions to the Executive Chamber; mail mis-filings by Executive Chamber staff; recently passed resolutions which have not yet been mailed, or not yet processed by the Executive Chamber staff at the time the FOIL request was compiled and provided. But, regardless of these reasons, what we have on the http://NYSafeResolutions.com/ webpage is the most complete, accurate, up-to-date record of documented resolutions in opposition to the NYS SAFE Act. With the help of our many supporters, we will continue to provide these important information updates.

Please continue to visit your town and village boards, and use Privilege of the Floor to express your desire that they pass resolutions in support of Civil Rights and 2A, and also, to review the municipal list, and let us know if we are missing any!

Additionally if you are part of any civic organization, particularly one impacted by the law, please consider pursuing passage of a resolution or writing a letter of opposition. Many police, veteran, medical, and hunting organizations have already done this.

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Governor Cuomo’s response to our FOIL request

Posted on July 13, 2013 | 7 comments

On May 15, many of us sent a FOIL request to the office of Governor Cuomo to send us a list of Resolutions he has received on the SAFE act.  July 12th we got a response:

July 12, 2013

Dear Mr. Hempel:

This letter responds to your correspondence dated May 15, 2013 which, pursuant to FOIL, requested:

lists of the following categories:

1. all counties which have sent a copy of a resolution or other statement regarding the SAFE act or second amendment or gun rights
2. all cities which have sent a copy of a resolution or other statement regarding the SAFE act or second amendment or gun rights
3. all towns which have sent a copy of a resolution or other statement regarding the SAFE act or second amendment or gun rights
4. all towns which have sent a copy of a resolution or other statement regarding the SAFE act or second amendment or gun rights
5. all villages which have sent a copy of a resolution or other statement regarding the SAFE act or second amendment or gun rights
6. all law enforcement groups which have sent a copy of a resolution or other statement regarding the SAFE act or second amendment or gun rights
7. all other governmental bodies which have sent a copy of a resolution or other statement regarding the SAFE act or second amendment or gun rights

In each of these lists, provide the name of the entity and whether the resolution or statement was in favor of the SAFE act, in opposition, or neutral.

Please be advised that we performed a diligent search for the records you request. Although the Executive Chamber does not possess any list containing the information that you seek, we located five hundred fifty-eight (558) pages of resolutions and official statements from counties, towns, villages, and other governmental bodies. You may access the records here: https://www.yousendit.com/download/bWJvUGhRMm1wcFdybHNUQw

To the extent you are not satisfied with this response, pursuant to Public Officers Law § 89(4)(a), you have thirty (30) days to take a written appeal of this determination. You may make an appeal by writing: FOIL Appeals Officer, Executive Chamber, State of New York, Albany, New York, 12224.

Very truly yours,

George Stiefel III
FOIL Counsel
Records Access Officer

Index:

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FOIL SAFE act resolutions from Gov Cuomo by Evan Hempel

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Town of Potsdam resolution opposing the NY SAFE act

Posted on July 9, 2013 | Leave a comment

TOWN OF POTSDAM

SAFE ACT

MOTION made by Councilman Zagrobelny and second by Councilwoman Rivezzi to approve following resolution

WHEREAS, we the board members of the Town of Potsdam, NY believe the New York State Secure Ammunition and Firearms Enforcement Act (SAFE Act) was hastily passed and reflects many flaws and poorly considered aspects, and

Whereas, we feel there is a need for a thoughtful debate on the matter of restrictions on the use of firearms in our society,

NOW THEREFORE BE IT RESOLVED that the Potsdam Town Board request the our New York State Representatives convene public hearings to gain information which would be used to amend, replace, and repair flaws in the SAFE ACT, and

Be it further resolved that the Potsdam Town Board directs the Town Clerk to send this resolution to the Governor and Assembly and Senate representatives.

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New York Association of Psychiatric Rehabilitation Services on SAFE act concerns

Posted on June 26, 2013 | Leave a comment

NYAPRS Note: Concerns continue to be raised with the NY SAFE Act’s mental health reporting requirements. Here are North Country pieces that include concerns raised by Clinton County Community Services Director Sherrie Gillette, BHSN’s Peter Trout, who also serves on NYAPRS’ Executive Committee and by staff from NYAPRS and the Mental Health Empowerment Project.

Mental-Health Agencies Eye New Gun Law
By Felicia Krieg Plattsburth Press-Republican<http://pressrepublican.com/> June 18, 2013

PLATTSBURGH – While local mental-health providers comply with the dictates of New York’s new gun law, some feel serious concern about it.

The NY SAFE Act added section 9.46 to the state’s Mental Hygiene Law, which, as of March 16, made it mandatory that physicians, psychologists, registered nurses and licensed clinical social workers report patients who are “likely to engage in conduct that would result in serious harm to self or others.”

“I’m really concerned that people will become fearful about coming to services or maybe won’t access services … or they may be less forthcoming with clinician,” said Sherrie Gillette, director of community services at Clinton County Mental Heath and Addiction Services.

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Town of Massena resolution opposing the NY SAFE act

Posted on June 19, 2013 | 3 comments

Resolution #_____ to call for the Discussion, Amendment and Repair of the flaws in the so-called SAFE ACT (Secure Ammunition and Firearms Enforcement ACT) of the State of New York.

WHEREAS, New York Governor Andrew Cuomo and the majority of the New York State Legislature hastily passed legislation know as the SAFE Act in a stated attempt to combat violent behavior of individuals, and,

WHEREAS, said legislation was passed without allowing for public review or comment with the intent to avoid such review and comment for the stated reason that New York would be the first state to pass such legislation, and,

WHEREAS, some portions of the SAFE Act are positive and sensible while others are dramatically flawed, defy common sense and only serve to inconvenience and punish law-abiding gun owners, and,

WHEREAS, many of these flaws in the SAFE Act could have been corrected by the Governor and the Legislature had they only taken the time to allow for public comment and review of, and,

WHEREAS, said legislation can easily be changed or amended going forward so as to enact truly meaningful legislation that would be sensible, useful and practical, now therefore be it,

RESOLVED, that the Massena Town Board strongly encourages Gov. Cuomo and the Legislature to immediately convene public hearings to discuss, amend, replace and repair the flaws in the SAFE Act to protect the Second Amendment rights of New York State gun owners. Be it further,

RESOLVED, that copies of this resolution be sent to Governor Andrew Cuomo, Senator Patty Ritchie, Senator Joseph Griffo, Senator Elizabeth Little, Assemblyman Kenneth Blankenbush, Assemblyman Marc Butler, Assemblywoman Addie Russell, Assemblywoman Janet Duprey, St Lawrence County Legislature and any other Townships deemed necessary.

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Town of Hopkinton resolution opposing the NY SAFE act

Posted on June 17, 2013 | 1 comment

TOWN OF HOPKINTON
RESOLUTION #_1__ OF 2013

OPPOSING A NUMBER OF PROVISIONS ENACTED UNDER THE NEW YORK SAFE ACT AND THE MANNER IN WHICH IT WAS ENACTED

WHEREAS, the Bill of Rights of the Constitution of the United States, specifically the Second Amendment to the Constitution, guarantees the right of the people to keep and bear arms and states further that that right “’shall not be infringed,” and

WHEREAS, all individuals, elected or appointed to an office of honor or profit in the civil or uniform services, than an oath to support and defend the Constitution of the United States, and

WHEREAS, many of the residents of the Town of Hopkinton have expressed their displeasure not only with the provisions of the NY SAFE ACT itself, but also the manner and method used to bring it to the floor and vote it into law, and

WHEREAS, using a message of necessity to bring forth and enact a law that has dozens of sections and changes in current laws, but only three of which take effect immediately, negates the argument that the speed with which this bill was brought forward was necessary, and

WHEREAS, the sheer size of the bill, the extent of the many changes it brings and the very short time that the bill was made available to New York State Senate and Assembly for review, effectively precluded discussion and debate on the provisions set forth in the bill, preventing the mature development of arguments, both for and against, and

WHEREAS, in an attempt to bring forth meaningful solutions for dealing with or preventing gun violence, this legislation and the majority of its provisions affect law abiding gun owners in a negative and unnecessary ways and they were not given the opportunity to express their views or otherwise comment on the bill, and

WHEREAS, while there are provisions of the bill that have merit; for example, increased penalty for killing emergency responders, NICS checks for private sales of firearms, safe storage provisions, mental health record review, and increased penalties for the illegal use of a weapon, other provisions of the law, which run roughshod over second amendment rights, must be reconsidered and a new law should be introduced in a transparent manner, and it must be given the time necessary to review its provisions, engage in meaningful and constructive debate and allow public review, comment and input relative to
the content of the bill, and

WHEREAS, the New York Save Act, as passed, will require County Clerks to carry out several provisions of the law but fails to address the responsibility for funding those additional duties, thus inflicting another unfunded mandate on already cash strapped counties.

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of Hopkinton joins with other municipalities in opposing those portions of the NY SAFE ACT which infringe upon the rights of lawful gun owners and does little to address the underlying issues that confront our society as a whole, and

BE IT FURTHER RESOLVED that the Hopkinton Town Board strongly encourages the members of the New York State Legislature to bring forth a bill that addresses the real problems confronted by today’s society and not jeopardize the rights of law abiding citizens, and allow time for public comment, and

BE IT FURTHER RESOLVED that copies of this resolution be sent to Governor Andrew Cuomo, Senator Patty Ritchie, Senator Joseph Griffo, Senator Elizabeth O’C Little, Assemblyman Kenneth Blankenbush, Assemblywoman Addie Russell, Assemblyman Marc Butler, Assemblywoman Janet Duprey, and the Board of each County of the State of New York.

Dated: June 17, 2013
Vickie French, Town Clerk
Town of Hopkinton

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Hamburg opposes state gun legislation

Posted on June 14, 2013 | Leave a comment

Hamburg Town Board members Monday night weighed in on two issues over which they have little control but their bully pulpit: New York State’s SAFE Act gun-control legislation and the proposal to build 128 apartment units off Roundtree Village.

Board members told a standing- room-only audience that spilled into hallways that they are watching developments in the proposal for the apartments and sympathize with Roundtree Village residents. But the parcel is zoned properly, and the Planning Board has the authority to approve or deny the plan.

On gun control, the Town Board called for the suspension of the state law until all aspects of gun control can be examined. The governor signed the controversial gun legislation into law in January after the Sandy Hook Elementary School shootings in Connecticut last December.

Sheriff Timothy Howard spoke out against the gun-control legislation. He said he opposes the law on the grounds it violates the Second Amendment, and he said there was no input from upstate interests or law enforcement.

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Town of Nassau resolution opposing the NY SAFE act

Posted on June 13, 2013 | 1 comment

At the Regular Meeting of the Town Board of the Town of Nassau, held on June 13, 2013, the following resolution was presented to the Town Board:

Resolution of the Town Board of the Town of Nassau

New York State Ammunition and Firearms Enforcement Act (SAFE Act) of 2013

Resolution No. 48

WHEREAS, the Town Board of the Town of Nassau supports the protection of the rights afforded citizens under the United State Constitution and wishes to affirm support for the Second Amendment that protects the “right to keep and bear arms”; and

WHEREAS, the Town Board of the Town of Nassau recognizes that citizens across Rensselaer County are concerned about the escalation of gun violence in our country; and

WHEREAS, on January 15, 2013, the New York State Legislature passed a gun regulation law known as the New York Secure Ammunition and Firearms Enforcement Act of 2013, also known as the SAFE Act; and

WHEREAS, this law was passed on a “Message of Necessity”, bypassing the three-day waiting period for consideration of State legislation and preventing public debate on its content and provisions; and

WHEREAS, the public continues to learn of problems and concerns that are being brought to light subsequent to the passage of the law, including but not limited to issues relating to the safe forms of firearms for recreation, hunting and shooting, failure to appropriately exempt law enforcement officials and lack of enforcement of existing laws; and

WHEREAS, Rensselaer County’s Clerk, Frank Merola has sealed all gun permit holders information because this law also includes unfunded State mandates that cause increased paperwork, personnel time and services for county governments;

NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Nassau calls upon the Governor and the State Legislature to perform an immediate comprehensive review and reconsideration of the provisions of the SAFE Act, to include in this review opportunities for public input and debate and to make the necessary changes to ensure that this Act protects the people of the State of New York while ensuring the legitimate rights of gun owners; and

BE IT FURTHER RESOLVED, that the Town Board hereby commends Rensselaer County Clerk Frank Merola for his opposition to unfunded mandates; and

BE IT FURTHER RESOLVED, that the Town Board directs the Town Clerk to transmit duly certified copies of this resolution to Governor Andrew Cuomo, State Senator Kathy Marchione, Assemblyman Steve McLaughlin, Rensselaer County Clerk Frank Merola and the Rensselaer County Legislature.

Upon motion made by Supervisor Fleming, and seconded by Councilperson Goebel, the foregoing resolution was duly adopted by a majority of the members of the Town Board of the Town of Nassau at its Regular Meeting held on June 13, 2013, by roll call vote as follows:

Ronald Sears, Councilmember      No_______     Yes________ Absent/Abstain X

Lani Rafferty, Councilmember      No_______     Yes X Absent/Abstain________

Jonathan Goebel, Councilmember No_______     Yes X Absent/Abstain________

Donald Carpentier, Councilmember No_______     Yes X Absent/Abstain________

David Fleming, Supervisor          No_______     Yes X Absent/Abstain________

Date of Adoption June 13, 2013

Certification of Clerk:

Signature _________________________________ Printed Name: Sandra L. Rings

Title: Town Clerk

Passed unanimously

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Town of Persia resolution calling for suspension of the NY SAFE Act

Posted on June 13, 2013 | Leave a comment

Councilperson John Walgus: I would like to bring forth the following to be passed by resolution:

WHEREAS, The Persia Town Board has reviewed a resolution bought forth by the Cattaraugus County Legislature requesting the repealing and amending of the “NY SAFE ACT” gun control law, and

WHEREAS, The Town Board agrees that the Cattaraugus County Legislature represents the voice of the people of Cattaraugus County.

NOW BE IT RESOLVED, The Town Board agrees that the Cattaraugus County Legislature who represents the voice of the people, is made up of 31 Towns, 10 Villages, and 2 Cities that represent the County of Cattaraugus, in the State of New York with a population of approximately 84,000 people, and

WHEREAS, On Monday, January 14th 2013 the rights under the second Amendment of our Constitution was infringed on without due process, and

WHEREAS, The Gun Control Bill (S.2230) known as NY SAFE ACT was rushed through the Senate & Assembly without a single public hearing or input from the various law enforcement agencies located around our State, and

WHEREAS, Even the State lawmakers did not have time to review the bill as presented leaving questions about implementation and regulation of this new law, and

WHEREAS, This law should focus on increasing penalties for criminals who use firearms to harm and threaten law abiding citizens and address the issues of mental illness related to violence, and

WHEREAS, The Town of Persia realizes that the NY SAFE ACT, gun control law must be repealed and replace the restrictive parts of the enacted law.

NOW THEREFORE BE IT RESOLVED, that the Town of Persia urgently asks Governor Andrew M. Cuomo & the Legislature leaders to suspend this law as soon as possible and to look at all of the aspects of gun control using the proper legal procedure to bring about a law that will address gun control in a more logical manner, focusing on the real issues related to gun control – a law that will strengthen the effect on public safety and not infringe upon our constitutional rights.

RESOLVED, that a copy of this resolution be forwarded to: Honorable Governor Andrew M. Cuomo, NYS Association of Towns, NYS Association of Counties, County Legislatures Richard Klancer and Patrick Murphy, NYS Senator Catherine Young and NYS Assemblyman Joseph Giglio.

RESOLUTION #35 to repeal the NY SAFE ACT.
On a motion of Councilperson Walgus
Seconded by Councilperson Boats
The following was
ADOPTED AYES – 4 Walgus, Boats, Tomaszewski, Schueler
NAYS – 0
RESOLVED to repeal the NY SAFE ACT.

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Town of Russell resolution calling for repeal of the NY SAFE act

Posted on June 12, 2013 | 1 comment

Town of Russell resolution

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