Town of Morristown resolution opposing the NY SAFE Act.

Resolution # 3 of 2013 Oppose NYSAFE Gun Control Act- Councilman Warren moved to adopt resolution #3 of 2013, a resolution opposing elements of the NYSAFE Gun Control Act.  The move to adopt was seconded by Councilman David Stout III.  The resolution is a follows:

RESOLUTION # 3 of 2013


By Mr. Warren, Deputy Supervisor

​Seconded By Councilman David Stout III


WHEREAS,​the Constitution of the United States unequivocally guarantees certain rights to its citizens, among them being the inalienable right to keep and bear arms in defense of life, liberty and property: and

WHEREAS, ​the Supreme Court of the United States, in the case District of Columbia v. Heller (554 U.S. 570), decided June 26,2008, the court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self-defense within the home, and

WHEREAS, ​in another landmark decision the same Supreme Court, in the case McDonald v. Chicago, decided June 28, 2010, held that the right of an individual to “keep and bear arms” is protected by the Second Amendment and further, “is incorporated by the Due Process Claus of the Fourteenth Amendment and applies to the states”, and

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

WHEREAS, ​using a message of necessity from the Governor 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 new changes it brings and the very short time that the bill was made available to the legislature 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,  this legislation fails to bring forth any meaningful solutions for dealing with or preventing gun violence and the majority of its provisions will affect only law abiding gun owners, who were not given the opportunity to express their views or otherwise comment on the , and

WHEREAS,  while there are provisions of the bill that have merit; e.g. 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, the other provisions of the law, which run roughshod over second amendment rights, must be reconsidered and if the new law is to be proposed it must be done in the light of the day, and 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,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Morristown joins with the  St. Lawrence County Board of Legislators in opposing those portions of the NY underlying issues that confront our society as a whole, and

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

BE IT FURTHER RESOLVED that copies of this resolution be forwarded to Governor Andrew Cuomo, Senators; Patty Ritchie, Joseph Griffo, Elizabeth Little, Assemblymen: Kenneth Blankenbush and Mark Butler, Assemblywomen; Addie Russell and Janet Duprey, County Legislators Joseph Lightfoot and Gregory Paquin.

Vote: Gary Turner-Aye, David VanArnam-Aye, David Stout-Aye, Howard Warren-Aye, Frank Putman-Aye

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