This is actually two resolutions. The first rescinds a weaker resolution passed the previous month, and the second passes a resolution calling for repeal. Both resolutions passed unanimously.
Repeal New York Secure Ammunition & Firearms Enforcement Act of 2013:
Attorney Folmer recalled that the Board recently adopted a resolution regarding the New York Secure Ammunition & Firearms Enforcement Act of 2013. In the resolution, the Board drew a conclusion and resolved that they were opposed to any further infringements upon the right of the people to bear arms under the Second Amendment of the Constitution. Since that time, there have been numerous resolutions adopted by various governing bodies, including the Cortland County Legislture, calling for the repeal of the New York Secure Ammunition & Firearms Enforcement Act on the grounds that it does infringe upon a persons constitutional rights.
Attorney Folmer suggested the Board rescind the earlier motion, and to adopt the same language dealing with the repeal of the law rather than merely the suggestion of infringement. Supervisor Tupper mentioned that the Board had already seen the proposed resolution. Attorney Folmer read the last paragraph of the resolution aloud. Supervisor Tupper added that the resolution would be sent to all of the Town’s elected representatives, including Senator Seward, Congressman Hanna, Governor Cuomo, Assemblywoman Lifton, Assemblyman Kolb, and Assemblyman Finch.
RESOLUTION #63 RESCIND RESOLUTION #44 OF 2013 ADOPTED FEBRUARY 6, 2013 – “ADOPT RESOLUTION OPPOSING THE ENACTMENT OF ANY LEGISLATION THAT WOULD FURTHER INFRINGE UPON THE RIGHT OF THE PEOPLE
TO KEEP AND BEAR ARMS”
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby rescind Resolution #44 of 2013 adopted February 6, 2013 – “Adopt Resolution Opposing the Enactment of Any Legislation That Would Further Infrige Upon the Right of the People to Keep and Bear Arms.”
RESOLUTION #64 ADOPT RESOLUTION CALLING FOR THE REPEAL OF THE NEW YORK SECURE AMMUNITION AND FIREARMS
ENFORCEMENT ACT OF 2013
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
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 under the Constitution of the State of New York, 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 the Town of Cortlandville, New York, and;
WHEREAS, the People of the Town of Cortlandville, New York, derive economic benefit and recreation from all safe forms of firearms conducted within the Town of Cortlandville using all types of firearms allowable under the United States Constitution and the Constitution of the State of New York, and;
WHEREAS, the Town of Cortlandville Board, being elected to represent the People of the Town of Cortlandville and being duly sworn by their Oath of Office to uphold the United States Constitution and the Constitution of the State of New York, and;
WHEREAS, the New York Assembly and the New York Senate, being elected by the People of the State of New York and being duly sworn by their Oath of Office to uphold the United States Constitution and the Constitution of the State of New York, and;
WHEREAS, the legislation passed by the New York State Legislature and signed by the Governor on January 15 infringes upon the Right to Keep and Bear Arms and bans the possession and use of firearms now employed by individual citizens of the Town of Cortlandville, New York, for defense of Life, Liberty and Property and bans the possession and use of firearms now legally owned for safe forms of firearms conducted within the Town of Cortlandville, New York;
NOW, THEREFORE, BE IT HEREBY RESOLVED that the Town of Cortlandville’s Town Board, hereby calls for the repeal of the New York Secure Ammunition and Firearms Enforcement Act of 2013 and declares that such legislation infringes upon the Right of the People to keep and bear arms, thereby considers such an act an over reach of legislative authority and is unconstitutional.