Schenectady County resolution on the SAFE act

Sponsored by Legislator Jasenski:

A RESOLUTION URGING THE NEW YORK STATE LEGISLATURE TO RECEIVE PUBLIC INPUT INTO THE NEW YORK SAFE ACT AND REVISIT THE PROVISIONS OF THE ACT AS THEN SHALL BE DEEMED APPROPRIATE

WHEREAS, the New York State SAFE Act was passed by the New York State Legislature on January 15, 2013, and was signed into law by Governor Andrew Cuomo on the same day; and,

WHEREAS, the manner in which the New York State SAFE Act was adopted afforded little opportunity for public input into the provisions of the law; and,

WHEREAS, public input is an integral component of the legislative process and often leads to the adoption of better legislation; and,

WHEREAS, the SAFE Act expressly states that no costs of this law shall be borne by local governments, questions remain as to the extent county departments will experience increased workload and costs due to the new requirements under the law, particularly provisions regarding pistol permit recertification which has been assigned to the State Police but will involve increased processing requirements for County Clerks offices where local applications are currently processed and provisions requiring the local director of community services (county Commissioner of Mental Health) or his or her designee to receive reports from all mental health professionals who believe that their patient is likely to engage in conduct that would result in serious harm to self or others; and,

WHEREAS, our body of laws should always be open to review and reexamination with the intention of making them better serve the residents of New York State; now therefore be it,

RESOLVED, that this Legislative Body urges the New York State Senate and the New York State Assembly to hold public hearings in all regions of the state on the provisions of, and implementation of, the New York State SAFE Act, and after a fully inclusive series of hearings, with a full opportunity for all points of view to be heard, revisit the provisions of the law as then shall be deemed appropriate, such that those portions of the legislation which demonstrably make New York safer, like those identified by the New York Sheriff’s Association, are maintained, and those provisions which are deemed to be ill-advised or ineffectual are modified or removed; and be it further

RESOLVED, the Clerk of the Schenectady County Legislature is hereby directed to send certified copies of this resolution to the Governor of the State of New York, the Speaker of the New York State Assembly, and the Temporary President of the New York State Senate.

5 responses to “Schenectady County resolution on the SAFE act

  1. Pingback: Resolution quick list | NY SAFE Resolutions

  2. Johnny T. Rockenstire

    A small first step but it’s in the right direction. I’m glad to see my county finally recognizing at the very least, the lack of a democratic process in the passing of the NY-SAFE act. I only hope that the next legislative meeting results in a resolution urging the State Senate and Assembly to repel all or most of the act.

    The Electric City is joining the fight against the unconstitutional laws of the current leadership of New York. Come to think of it, the last time Schenectady trusted in people from Albany for protection was just before the Schenectady massacre. Needless to say we’ll protect ourselves from now on!

  3. In January, the New York State Legislature passed the “SAFE” (Secure Ammunition and Firearms Enforcement) Act. The 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 took effect on its adoption into law.

    This legislation does not have the support of our law enforcement community, which the legislature failed to consult or exempt, despite being tasked with its enforcement. In fact, the NY State Sheriffs Association has specifically opposed the act, which criminalizes heretofore legal arms, magazines, and heavily restricts ammunition purchases, leaving NY state residents without legal access to, or unknowingly subject to criminal penalty for possession of, items that can be purchased over-the-counter in each of NY’s contiguous states. The SAFE ACT has done more to harm hunters and shooting enthusiasts than any other legislation in NY State history. n the wake of this legislation being signed into law, 51 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. Below is the steadily growing list of New York State counties, towns and law enforcement agencies and associations which have passed or are passing resolutions against Cuomo’s SAFE ACT:

    Counties

    Allegany County, Broome County, Cattaraugus County, Cayuga County, Chautauqua County, Chemung County, Chenango County, Clinton County, Columbia County, Cortland County, Delaware County, Dutchess County, Erie County, Essex County, Fanklin County, Fulton County, Genesee County, Greene County, Hamilton County, Herkimer County, Jefferson County, Lewis County, Livingston County, Madison County, Monroe County, Montgomery County, Niagara County, Oneida County, Onondaga County, Ontario County, Orange County, Orleans County, Oswego County, Otsego County, Putnam County, Rensselaer County, Rockland County, Saint Lawrence County, Saratoga County, Schoharie County, Schuyler County, Seneca County, Steuben County, Sullivan County, Tioga County, Ulster County, Warren County, Washington County Wayne County, Wyoming County, Yates County

    Towns:
    City of Ogdensburg, Town of Argyle, Town of Attica, Town of Cambridge, Town of Chester, Town of Clarendon, Town of Clay, Town of Colden, Town of Conesus, Town of Deerpark, Town of Elbridge, Town of Farmington, Town of Grand Island, Town of Harrisburg, Town of Hoosick,Town of Indian Lake, Town of Jackson, Town of Libson, Town of Linclaen, Town of Marathon, Town of Minerva, Town of Newburg, Town of Neversink, Town of North Harmony, Town of Palmyra, Town of Riga, Town of Saratoga, Town of Sempronius, Town of Shandaken, Town of Stafford, Town of Thompson, Town of Truxton, Town of Union Vale, Town of Van Buren, Town of Victor, Town of Walworth, Town of Warwick, Town of Wawarsing, Town of Wheatfield

    Law Enforcement
    Albany Sheriff Craig Apple, ARPALER, Monroe County PBA and the Rochester Police Club, Columbia County Sheriff, Dutchess County Deputy Sheriffs PBA, Erie County Sheriff’s Police Benevolent Association, Essex County Sheriff, Greene County Sheriff, Lewis County Sheriff, New York State Sheriffs’ Association, Oneida County Sheriff, Saratoga County Sheriff’s Association, Schuyler County Sheriff, Steuben County Deputy Sheriff’s Association

    Other
    Association of Erie County Governments, Federated Sportsmans Clubs of Chenango County, New York State Association of County Clerks, NY Association of Counties, NYS Conference of Local Mental Hygiene Directors, Orleans County on the privacy of pistol permits, Washington County Federation of Sportsmen’s Clubs

  4. Its about time Schenectady County and furthermore the City Of Schenectady stand up on our own two feet and fight this. We were once a super power of N.Y. its time to get up, brush our selves off, and at least be heard and not be sheep’s behind Albany’s reign…

  5. Having eight rounds of ammunition in a 10 round magazine, or having magazines with more than a 10 round capacity in New York will now be defined as criminal possession of a weapon in the third degree; a “Class D Violent Felony.” Wondering what some class E felonies in New York are?

    Listed below the fold are a few crimes in New York that are class E felonies which are one degree below in severity to a class D felony.

    120.70 – Luring a child | E Felony.
    125.10 – Criminally negligent homicide | E Felony.
    130.25 – Rape 3rd degree | E Felony.
    130.40 – Criminal sexual act 3rd degree | E Felony.
    130.53 – Persistent sexual abuse | E Felony.
    130.65A – Aggravated sexual abuse 4th degree | E Felony.
    130.85 – Female genital mutilation | E Felony.
    135.10 – Unlawful imprisonment 1st degree | E Felony.
    135.50 – Custodial interference 1st degree | E Felony.
    135.55 – Substitution of children | E Felony.
    150.05 – 4th degree Arson | E Felony.
    178.15 – 3rd degree Criminal diversion of prescription medications and prescriptions | E Felony.
    220.28 – Use of a child to commit a controlled substance offense | E Felony.
    240.06 – Riot 1st degree | E Felony.
    240.15 – Criminal anarchy | E Felony.
    240.61 – Placing a false bomb or hazardous substance 2nd degree | E Felony.
    250.45 – Unlawful surveillance 2nd degree | E felony (Hidden cams for sexual gratification).
    255.25 – Incest 3rd degree | E Felony.
    263.11 – Possessing an obscene sexual performance by a child | E Felony.
    263.16 – Possessing a sexual performance by a child | E Felony.

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