At a Regular Meeting of the Conesus Town Board held this day, 3/5/2013 the Town Board did adopt the following 2 resolutions :
RESOLUTION #28.13
RESOLUTION OPPOSING THE NEW YORK STATE SECURE AMMUNITION AND FIREARMS ENFORCEMENT ACT (S.A.F.E.) ACT OF 2013
On a motion of Councilman Beardslee and seconded by Councilman Bell, the following resolution was
ADOPTED BY ROLL CALL VOTE:
Supervisor Donohue Aye
Councilman Beardslee Aye
Councilman Bell Aye
Councilman Steenblok Aye
Councilman Wester Aye
WHEREAS, the Second Amendment to the Constitution of the United States declares: “…the right of the people to keep and bear Arms, shall not be infringed.” and
WHEREAS, Article II, Section 4 of the Civil Rights Law of the State of New York states: “…the right of the people to keep and bear arms cannot be infringed.” and
WHEREAS, Article III, Section 14 of the Constitution of the State of New York states: “No bill shall be passed or become a law unless it shall have been printed and upon the desks of the members, in its final form, at least three calendar legislative days prior to its final passage, unless the governor, or the acting governor, shall have certified, under his or her hand and the seal of the state, the facts which in his or her opinion necessitate an immediate vote thereon…”; and
WHEREAS, the facts did not necessitate an immediate vote on this legislation and thus the Governor’s order of necessity suggests an attempt to bypass New York State’s constitutional process; and
WHEREAS, the New York State senate leadership failed to accept the responsibility to act as a check and balance on the Governor’s unnecessary use of the message of necessity; and
WHEREAS, members of the Conesus Town Board, being elected to represent the people of Town of Conesus, are duly sworn by their oath of office to uphold the Constitution of the United States; and
WHEREAS, members of the New York State Assembly and the New York State Senate, being elected by the people of New York State, are duly sworn by their oath of office to uphold the Constitution of the United States; and
WHEREAS, The people of Conesus 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 S.A.F.E. act was driven through the New York State Senate, without public hearing, passed by the Assembly and signed into law less than 24 hours after first being presented, without opportunity for constituents to comment on the bill and without proper consideration of the implications of its provisions; and
WHEREAS, ownership of firearms is a valued tradition in New York State which must remain available to all law abiding citizens; and
WHEREAS, this legislation creates an environment in New York State which is detrimental to gun manufacture and ownership; and
WHEREAS, the new definition of “assault weapon”, based upon a single arbitrary feature, as to prevent the possession of many firearms that are legitimately used for hunting, target shooting and self-defense; and
WHEREAS, the seven round limit on magazine capacity is arbitrary and capricious criminalizing the sale, use and intended function of most semiautomatic rifles and pistols including those currently held by law abiding citizens; and
WHEREAS, this legislation effectively treats countless New York State law abiding gun owners as criminals; and
WHEREAS, requiring background checks for ammunition purchases constitutes an unnecessary burden on sportsmen and will create an artificially inflated cost of ammunition, limiting availability to law abiding citizens while having absolutely no effect on crime rates; and
WHEREAS, there are many parts of this legislation that place an unfunded mandate on the local Sheriff Departments, the medical community, County Clerk’s Offices and County Judges, while New York State tax payers are demanding relief; and
WHEREAS, criminals by definition do not obey the law and will continue to use whatever firearm and magazine regardless of rule of law; and
WHEREAS, this legislation fails to offer meaningful solution to the epidemic of gun violence, making criminals more SAFE and honest citizens less SAFE.
WHEREAS, the manner in which this legislation was brought forward for vote in the State Legislature is deeply disturbing to the Conesus Town Board. Therefore be it:
RESOLVED, that the Town Board of the Town of Conesus, Livingston County, New York does hereby oppose the enactment of the New York State Secure Ammunition and Firearms Enforcement Act of 2013 because it fundamentally alters or censors the right to keep and bear arms without addressing the real issues of gun violence; and be it further
RESOLVED, that the Town Board of the Town of Conesus, Livingston County, New York does hereby call upon the New York State Legislature and Governor to repeal, set aside and annul this statute which abridges the rights of law abiding citizens of the State of New York; and be it further
RESOLVED, that the Town Board of the Town of Conesus, Livingston County, New York does hereby call upon the New York State Legislature to conduct hearings where the public is afforded the right to participate in the legislative process where the issue of gun violence and the treatment of the dangerously mentally ill produce meaningful results; and be it further
RESOLVED, That the Town Board of the Town of Conesus, Livingston County, New York requests the members of the New York State Senate and Assembly who represent all, or part of The Town of Conesus, Livingston County, to reply, in writing, with their views on, and actions taken, in support of, or opposition to, the NY SAFE Act; and be it further
RESOLVED, that certified copies of this Resolution shall be forwarded to the Governor of the State of New York Andrew Cuomo, Lt. Governor Robert Duffy, Senator Catharine Young, Assemblyman William Nojay and the New York State Association of Towns.
RESOLUTION #29.13
RESOLUTION IN OPPOSITION TO ANY ATTEMPT BY THE NEW YORK STATE LEGISLATURE TO ENACT LEGISLATION WHICH BUNDLES ISSUES RELATING TO GUN CONTROL AND AMENDMENT OF THE FREEDOM OF INFORMATION LAW
On a motion of Councilman Donohue and seconded by Councilman Wester, the following resolution was
ADOPTED BY ROLL CALL VOTE:
Supervisor Donohue Aye
Councilman Beardslee Aye
Councilman Bell Aye
Councilman Steenblok Aye
Councilman Wester Aye
WHEREAS: The Legislature is aware that two bills have been introduced in the New York State Senate, Bill Numbers S.2131 and S.2132, which propose amendments to the New York State Freedom of Information Law exempting disclosure of gun permit holders in certain instances; and
WHEREAS: This Legislature supports legislation that would exempt from disclosure records pertaining to gun permit holders for law enforcement purposes; and
WHEREAS: This Legislature is also aware of efforts to enact stricter gun control legislation, but has not had an opportunity to review and consider this legislation; and
WHEREAS: This Legislature believes that the issues surrounding disclosure of gun permit holders and those of enacting stricter gun control are separate issues, which should not be bundled together in one law; now therefore be it
RESOLVED that the Town Board, Town of Conesus, New York hereby approves of legislation which would exempt from disclosure those individuals who hold gun permits.
RESOLVED that the Town Board, Town of Conesus, New York opposes any effort by the New York State Legislature to enact stricter gun control measures without an opportunity of the residents of this state to debate the merits of such legislation.
RESOLVED that the Town Board, Town of Conesus, New York opposes any effort by the New York State Legislature to bundle together stricter gun control legislation with legislation that would exempt the records pertaining to gun permit holders from disclosure under the New York State Freedom of Information Law as it is set out in the Public Officers Law.
RESOLVED that certified copies of this Resolution shall be forwarded to the Governor of the State of New York Andrew Cuomo, Lt. Governor Robert Duffy, Senator Catharine Young, Assemblyman William Nojay and the New York State Association of Towns.