Surrogate Court form reporting firearms when someone dies

The SAFE Act adds a new requirement that when someone dies all firearms must be reported on a separate inventory from and be filed with the Division of Criminal Justice Services as well as with the court. See below for a copy of the inventory form:

Surrogate Court by Evan Hempel

Village of Albion Passes Resolution

The Village of Albion is the latest Orleans County municipality to pass a resolution against the SAFE Act. The resolution was adopted by the village on July 24th, 2013.

As of August 7th, there are only three municipalities left within Orleans County that have not yet passed a resolution against the SAFE Act..

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RESOLUTION 2013-7 OF THE VILLAGE OF ALBION OPPOSING THE PROCESS OF ENACTMENT AND REQUESTING REPEALING OF THE NEW YORK SECURE AMMUNITION AND FIREARMS ENFORCEMENT (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,

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 Village of Albion; and,

WHEREAS, the lawful ownership of firearms is, and has been, a valued tradition in Albion, and the rights protected by the Second Amendment to the United States Constitution are exercised by many of our residents; and,

WHEREAS, the people of the Village of Albion and the State of New York derive economic and environmental benefits from all safe forms of recreation involving firearms, including, but not limited to, hunting and target shooting while utilizing all types of firearms available under the Constitution of the United States; and,

WHEREAS, the enactment of the NY SAFE Act (Chapter 1 of Laws of 2013) has prompted significant debate over both the process by which it was enacted and certain provisions contained within it; and,

WHEREAS, having reviewed the legislation and severely restrictive time constraints under which it was passed, it is our conclusion that there is no possible way any individual could read the entire bill and understand its full implications prior to voting on it; and,

WHEREAS, our state legislators most certainly did not have the time to request, and receive, the input of their constituents regarding this matter; and,

WHEREAS, there will be a significant financial impact due to the permits that will have to be renewed requiring additional manpower and computer systems their associated expense; and,

WHEREAS, Governor Cuomo has proposed spending $36 million dollars in his 2013-2014 Executive Budget for the implementation of the NY SAFE Act at a time when New York State residents are crying out for tax relief; and,

WHEREAS, this legislation severely impacts the possession and use of firearms now employed for defense of life, liberty, and property; and,

WHEREAS, this legislation severely impacts the possession and use of firearms now employed for forms of recreation including, but not limited to, hunting and target shooting; and,

WHEREAS, we find the legislation does little more than negatively impact lawful gun ownership.

NOW, BE IT RESOLVED, that, the Village of Albion does hereby oppose, and request the repeal of any legislation, including the sections within the NY SAFE Act (Chapter 1 of the Laws of 2013), which infringe upon the right of the people to keep and bear arms;

BE IT FURTHER RESOLVED, that the Village of Albion requests the members of New York State Senate and Assembly who represent all, or part of, Orleans County to reply, in writing, with their views on, and actions taken, in support of, or opposition to, the NY SAFE Act;

BE IT FURTHER RESOLVED, that a copy of this resolution be sent to President Barack Obama, Vice President Joseph Biden, Governor Andrew Cuomo, Senator Charles Schumer, Senator Kirsten Gillibrand, Congressman Chris Collins, New York State Senator George Maziarz, Assembly Speaker Sheldon Silver, New York State Assembly member Steve Hawley, and all other individuals and/or entities deemed necessary and proper.

 

VILLAGE OF ALBION

STATE OF NEW YORK

I hereby certify that the foregoing is a true and correct transcript of a resolution duly adopted by Village of Albion on the 24thday of July, 2013.

Linda K Babcock

Clerk-Treasurer, Village of Albion

New York American Legion Convention Opens with Resolution on SAFE act

Repeal ‘SAFE’ Act

The delegate body overwhelmingly approved a resolution urging the New York State Legislature to repeal the Secure Ammunition and Firearms Enforcement (SAFE) Act. Hoping to ensure that veterans ceremonies involving weapons were not in violation of the law, the resolution passed with a thundering roar of “ayes.” The resolution claims the gun control act goes too far and violates the Second Amendment Rights of veterans, and also urges police departments to respect veterans rights to own firearms of their choice.

Source: http://www.nylegion.com/2013/07/convention-opens-with-resolutions-top.html

More information on our FOIL request

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.

Governor Cuomo’s response to our FOIL request

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

Town of Potsdam resolution opposing the NY SAFE act

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.

New York Association of Psychiatric Rehabilitation Services on SAFE act concerns

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.

Read more …

Town of Massena resolution opposing the NY SAFE act

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.

Town of Hopkinton resolution opposing the NY SAFE act

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

Hamburg opposes state gun legislation

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.

Read more…