Chemung County resolution opposing the NY SAFE Act

Passed unanimously March 11th.

RESOLUTION NO. 13-156

Resolution calling for the repeal of the New York Secure Ammunition and Firearms Enforcement Act of 2013

By: Graubard
Seconded by: Bennett

WHEREAS, the New York State Legislature recently enacted and Governor Andrew Cuomo signed into law The New York Secure Ammunition and Firearms Enforcement Act of 2013 (“NY SAFE ACT”); and

WHEREAS, this Legislation is viewed by many citizens of the State of New York as being extremely controversial as those citizens view this Legislation as infringing upon their rights guaranteed to them under the Second Amendment of the United State Constitution; and

WHEREAS, each and every issue that comes before the New York State Legislature before an enactment deserves a fair and open discussion which incorporates all points of view in order to ensure that all citizens are heard and that the Legislation incorporates the various points of view expressed during that discussion and the Legislation benefits all of the citizens of the State of New York; and

WHEREAS, the NY SAFE ACT was adopted after minimal public discussion, contains serious flaws, i.e., police officers are not exempt, and after having been on the desks of the members of the New York State Legislature for only a few hours, thereafter was literally adopted literally in the night and signed into law by Governor Andrew Cuomo; and

WHERESAS, in 2011 amendments were made to the Open Meetings Law (Public Officers Law Section 103), requiring a public body prior to a meeting to post on its website, to the extent practicable, for public benefit, all records that may be considered or discussed at that meeting; and

WHEREAS, A.107 has been pre-filed before the New York State Assembly for the 2013-2014 Regular Session, to amend the Public Officers Law (Sections 84 and 90) in relation to publishing records of public interest by agencies and the State Legislature, reading in part “…The people’s right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality…”; and

WHEREAS, the State of New York has a tradition and long history of conducting its deliberations and debates in the public view and that in the enactment of the NY SAFE ACT the New York State Legislature and Governor Andrew Cuomo acted in contradiction of this long, time honored tradition of an open government; and

WHEREAS, the members of the Chemung County Legislature wish to express their concern that any future legislation which addresses the ownership of guns and the sale of ammunition in the State of New York be conducted only after an open debate pursuant to which the public is allowed to participate and express their points of view; now, therefore, be it

RESOLVED, that the Chemung County Legislature calls for the repeal of the NY SAFE ACT; and, be it further

RESOLVED, that the Chemung County Legislature supports the positions on the NY SAFE ACT as expressed by the New York State County Clerks Association and the New York State Sheriffs Association; and, be it further

RESOLVED, that the Clerk of the Legislature be and she hereby is directed to forward certified copies of this resolution to Governor Cuomo, members of the New York State Legislature, NYSAC, NACo, New York State Association of Towns, and each New York State County.

Ayes: Pastrick, Manchester, Sweet, Brennan, Graubard, Milliken, Woodard, Hitchcock, Bennett, Jackson, Milazzo, Madl, Strange, Draxler (Chair) (14); Excused: Hyland (1); Opposed: None