Town of Marathon resolution opposing NY 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 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 Marathon, New York, and:

WHEREAS, the People of the Town of Marathon, New York, derive economic benefit and recreation from all safe forms of firearms conducted within the Town of Marathon 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 Marathon Board, being elected to represent the People of the Town of Marathon 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 Marathon, 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 Marathon, New York;

NOW, THEREFORE, BE IT AND HEREBY RESOLVED that the Town of Marathon’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.

2 responses to “Town of Marathon resolution opposing NY SAFE act

  1. Pingback: Resolution quick list | NY SAFE Resolutions

  2. The “SAFE” (Secure Ammunition and Firearms Enforcement) Act was debated in closed session without committee hearings, and Gov. Andrew Cuomo signed it into law within an hour of its passage — after waiving the required three-day public comment period. This 80 page legislation was passed late into the night… literally and figuratively under the cover of darkness. There existed no exigent need as claimed, of the Act’s 60 sections, only three (3) took effect on its adoption into law. Cuomo bragged that New York now has the “toughest assault weapons ban” in the country but claimed that the law respects the Second Amendment and preserves the rights of “hunters and sportsmen.” The former is true; the latter is not.

    The new law prohibits the sale of any quantity of ammunition by anyone other than a licensed dealer and requires that such dealer perform a criminal background check on the purchaser and forward the purchaser’s name, address, age, and occupation, and the quantity, caliber, and make of the ammunition, to a State Police database.
    The law affirmatively requires that a person’s firearms must be confiscated if any order of protection is filed against them — no matter how meager the complaint may be. It also requires that a “mental health professional” (including a physician) who believes that an individual is a danger to himself or others must report his or her diagnosis to the police for purposes of firearm confiscation. Such a diagnosis is highly subjective. But the law exempts such “professionals” from civil liability; thus, any “mental health professional can initiate the confiscation of a person’s firearms, and the gun owner is forbidden to file a civil suit to challenge the “diagnosis.”

    The SAFE Act also severely infringes on the right of self-defense restricting the ammunition capacity of all arms to seven rounds. If you possess a magazine loaded with more than seven rounds in your own home, you are guilty of a criminal offense. The seven-round magazine limit effectively bans or severely restricts the use of perhaps 75% of the firearms designed in the past 100 years. Seven-round magazines simply do not exist for common firearms such as the 10-shot Ruger 10/22 rifle, five million of which have been manufactured since the 1960s. Although the Act “grandfathers” existing ten-round magazines, it forbids owners to put more than seven rounds in them, and it requires lawful owners of magazines capable of holding more than ten rounds to sell them out of state, surrender them, or destroy them. This is clearly an unconstitutional deprivation of private property, in violation of the Fifth Amendment.

    The law also prohibits the private “sale” or “exchange” of any firearm to any person unless a licensed dealer performs the “sale” and a background check. The law does not clarify how long someone must be in possession of a firearm before such possession is understood to be an “exchange”; thus, it is possible that lending a rifle to your brother-in-law for deer season without a dealer transfer and a background check could be construed as an illegal exchange.” You would then be a criminal, and the gun used in the “crime” could be confiscated and destroyed.

    Finally, the SAFE Act requires that gun owners report any “loss or theft” of a firearm or ammunition to the police within 24 hours. Failure to do so is a criminal offense. Read literally, a deer hunter who drops a single 12-gauge slug in the snow and cannot find it is a criminal unless he reports the loss to the police.

    The New York SAFE Act is one of the most brazen assaults on the Constitution and on individual liberty in the history of the United States. Cuomo has thumbed his nose at the Supreme Court’s Heller and McDonald decisions in 2008 and 2010 affirming the right to keep and bear arms. The intent of the law is to suppress and criminalize the common use of firearms, including guns not defined as “assault weapons.” This legislation does not have the support of our law enforcement community, which Cuomo failed to consult or exempt, despite being tasked with its enforcement. In fact, the NY State Sheriffs Association has specifically opposed the act. The New York State Association of County Clerks and the New York State Association of Counties have also passed resolutions opposing the NY SAFE act. More significantly, 50 of New York’s 62 counties have either passed, or are in the process of passing, resolutions calling for the repeal of the SAFE Act, that list continues to grow. New York has the highest taxes in the nation. It is ranked as the least “business-friendly” state in the country. The implementation of this legislation is not only going to cost NY state 36 million dollars a year, it has created a hostile environment for both in-state and out of state sports men and women who now risk committing crimes for the countless technical criminal violations created by the SAFE Act for possessing items which can be purchased over the counter in all our neighboring states.

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