Author Archives: Evan (admin)

Town of Yates resolution calling for repeal of the SAFE act

Posted on March 14, 2013 | Leave a comment

RESOLUTION NO.39-3/13

RESOLUTION OPPOSING THE PROCESS OF ENACTMENT AND CERTAIN PROVISIONS CONTAINED WITHIN THE NEW YORK 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

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 Yates;and

WHEREAS, the lawful ownership of firearms is,and has been a valued tradition in the Town of Yates, and the rights protected by the Second Amendment to the United States Constitution are exercised by many of our residents;and

WHEREAS the people of the Town of Yates derive economic and environmental benefits from all safe forms of recreation involving firearms, including, but not limited to, hunting and target shooting while utilizing all types of firearms available under the Constitution of the United States; and

WHEREAS, members of the Town of Yates Town Board being elected to represent people of the Town of Yates are duly sworn by their oath of office to uphold the Constitution of the United States;and

WHEREAS,members of the New York State Assembly and the New York State Senate being elected by the people of New York State are duly sworn by their oath of office to uphold the Constitution of the United States ; and

WHEREAS, the enactment of the NY SAFE ACT(Chapter 1 of the Laws of 2013) has engendered significant controversy over both the process by which it was enacted and certain provisions contained within it; and

WHEREAS, it is our understanding that many State Legislators had less than an hour to read the legislation, which contained approximately twenty-five thousand words, before being forced to vote on it; and

WHEREAS, our State Legislators most certainly could not have had the time to request and receive, the input of their constituents regarding this matter; and

WHEREAS, seeking and considering, such public input is a standard to which we hold ourselves in the Town of Yates and;

WHEREAS, this legislation has 60 sections, of which only three take effect immediately and

WHEREAS, in our opinion there was no reason for the Governor to use a message of necessity to bring this bill to vote immediately and bypass the three day maturing process for all legislation; and

WHEREAS, the mishandling of the process in crafting the NY SAFE ACT resulted in complex policy changes, many of which have been left up to interpretation, and are confusing even to the State Legislators who voted on them, and the law enforcement officials who are required to enforce and explain them; and

WHEREAS, requiring law-abiding gun owners to verify ownership of certain types of firearms every five years, in addition to registering them on their permits, which now also must be renewed every five years, does not increase the safety of the public and is unnecessarily burdensome to the residents of New York State; and

WHEREAS, there will be a significant financial impact due to the approximately 5,300 Orleans County permits that will have to be renewed requiring additional manpower and computer systems; and

WHEREAS ,this legislation prohibits the sale of firearm magazines with a capacity larger than seven rounds; and

WHEREAS, those firearm magazines with a capacity larger than seven rounds, which are authorized to be retained by existing owners, may only be loaded with seven rounds and eventually must be permanently altered to only accept seven rounds or be disposed of, thus constituting a seizure of legally owned personal property with no provision for compensation; and

WHEREAS,few or no low capacity (7 rounds or less) magazines currently exist for many firearms commonly possessed by law-abiding residents of New York State; and

WHEREAS, limiting the number of rounds to seven verus ten is arbitrary and capricious, has no correlation to public safety, unfairly burdens law-abiding gun owners, and puts an undue burden on gun manufacturers to retool their manufacturing plants; and

WHEREAS, requiring documentation of all ammunition sales in New York State, as provided for in this legislation, is a significant unfunded mandate on business; and

WHEREAS, Governor Cuomo has proposed spending $36 million dollars in his 2013-2014 Executive budget for the implementation of the NY SAFE ACT at a time when New York State residents are crying out for tax relief; and

WHEREAS,this legislation severely impacts the possession and use of firearms now employed by the residents of the Town of Yates for defense of life, liberty, and property; and

WHEREAS, this legislation severly impacts the possession and use of firearms now employed for safe forms of recreations including but not limited to, hunting and target shooting; and

WHEREAS, while there are some areas of the legislation that the Town of Yates finds encouraging, such as addressing glaring shortcomings in the mental health system, the strengthening of Kendra’s Law and Mark’s Law, as well as privacy protection for certain pistol pewrmit holders, by-and-large, we find the legislation does little more than negatively impact lawful gun ownership, and

WHEREAS, this legislation fails to offer any meaningful solutions to gun violence and places increased burdens where they do not belong, squarely on the backs of law-abiding citizens; and

WHEREAS, this legislation effectively turns countless Town of Yates law-abiding gun owners into criminals; and

WHEREAS, the manner in which this legislation was brought forward for a vote in the State Legislature is deeply disturbing to the Town of Yates, now therefore be it

RESOLVED, that the Town of Yates does hereby oppose, and request the repeal of, any legislation, including the sections within the NY SAFE ACT (Chapter 1 of the Laws of 2013) which infringes upon the right of the people to keep and bear arms; and be it

FURTHER RESOLVED, that the Town of Yates considers such laws to be unnecessary and beyond lawful legislative authority granted to our State representatives; and be it

FURTHER RESOLVED, that the Town of Yates strongly encourages members of the New York State Legislature to hold public hearings to address the issue of gun violence in a way that will produce meaningful results; and be it

FURTHER RESOLVED, that the Town of Yates request the members of the New York State Senate and Assembly who represent all, or part of the Town of Yates to reply in writing, with their views on, and actions taken in support of or opposition to, the NY SAFE ACT, and be it

FURTHER RESOLVED, that a copy of this Resolution be sent to President Barack Obama, Vice President Joseph Biden, Governor Andrew Cuomo, Senator Charles Schumer, Senator Kirsten Gillibrand, Congressman Chris Collins, New York State Senator George Maziarz, Assembly Speaker Shelden Silver, New York State Assembly member, Steve Hawley, InterCounty of Western New York, New York State Association of Towns and all other deemed necessary and proper.

Offered by Councilman Bentley who moved its adoption

Seconded by Councilman Freeman

Adopted. 4 ayes; 0 nays; 1 absent (Harmer); passed unanimously

Leave a comment

Posted in Resolutions, Resolutions opposing

Tagged ,

Town of Virgil resolution opposing the NY SAFE act

Posted on March 14, 2013 | Leave a comment

SAFE ACT (GUN LAW)-CRAIG UMBEHAUER COMENTS: New York State’s recently passed gun control legislation has been heavily criticized by and creates many concerns for law abiding gun owners in the state. The legislation passed was hurried through the Legislature and displays a lack of knowledge and rational thought on the part of many in that body. Craig Umbehauer, Virgil Code Enforcement Officer and responsible gun owner, encouraged the Board to adopt a resolution opposing this new law and join the many towns and counties who have informed the Governor and State legislators of their opposition to it.

Supervisor Kaminski has adapted a model resolution for the Town Board to consider for adoption and delivery to Governor Cuomo and the legislators who represent the Town in the State Legislature. (Senator Jim Seward voted against the bill while Assemblywoman Barbara Lifton supported it).

Member Stiles moved to adopt the resolution opposing the New York Secure Ammunition and Firearms Enforcement Act (SAFE) of 2013 as presented. Member Snow seconded the motion. Vote: Ayes-Members Taylor, Snow, Stiles and Kaminski. Nays-None. Passed unanimously.

Leave a comment

Posted in Resolutions, Resolutions opposing

Tagged ,

Columbia County resolution calling for the repeal of the NY SAFE act

Posted on March 14, 2013 | 1 comment

Resolution

Board of Supervisors

County of Columbia

New York

RESOLUTION NO. DATE: February 13, 2013

 

BY SUPERVISOR____________________________

COUNTY GOVERNMENT COMMITTEE

CHAIRMAN: KEVIN MCDONALD

RESOLUTION OPPOSING THE PROCESS OF ENACTMENT OF AND CERTAIN PROVISIONS CONTAINED WITHIN THE NEW YORK SAFE ACT

UPON, recommendation of the Public Safety Committee at a meeting held on the 21st day of February, 2013;

WHEREAS, The Board of Supervisors has long advocated for protection of the rights afforded to citizens under the Constitution, which has for generations guided our Nation and served as a framework to our democracy and society; and

WHEREAS, The Second Amendment of the United States provides for the “right of the people to keep and bear arms” and further states that this right “shall not be infringed”, and that this right has been a bedrock of our nation for over two centuries; and

WHEREAS, The New York State Legislature has recently adopted legislation, the NY Safe Act, proposed by Governor Cuomo to curtail these rights through the enactment of various anti-gun measures that will significantly impact legal gun owners and various businesses and suppliers of guns and related supplies and equipment; and

WHEREAS, This legislation was approved with scant public notice, very little public debate or review by State Lawmakers, and in the days since the legislation was introduced and enacted, concerns have arisen regarding various matters of law and potential defects in the legislation; and

WHEREAS, the Board of Supervisors believes that portions of the Act are necessary and will in fact increase the safety of the citizens. However, other provisions of the Act appear to be unnecessary, arbitrary, ill-advised and contrary rights guaranteed by the United States Constitution and reaffirmed by the United States Supreme Court and the Courts of the State of New York; and

WHEREAS, the Board of Supervisors believes that an issue of this seriousness and effect should have been granted a respectful and appropriate period of debate, review and consideration; and

WHEREAS, As New York State already has some of the toughest gun legislation in the Country, including the Sullivan Act, and concerns have been voiced that this legislation will not improve public safety in the state, including concerns by Legislators who initially supported the legislation; and

WHEREAS, Additionally, Federal Lawmakers and the President are also considering legislation or executive orders that would further infringe on the Second Amendment; and

WHEREAS, This legislation will unfairly affect the rights of the many law-abiding gun owners in Columbia County and New York State who are granted the right to keep and bear arms under the Constitution; and

WHEREAS, This legislation also does not adequately address the many acts of violence committed by criminals who are likely to ignore this legislation, and does not address the concerns of many residents, particularly those in rural communities, to possess firearms for the purpose of home or self defense, in accordance with the provisions of the Second Amendment; and

WHEREAS, this Legislation imposes a number of unfunded mandates on County government and taxpayers; and

WHEREAS, as written, the Act increases the stigma on the mentally ill. It is the mission of the Columbia County Department of Human Services to increase access and decrease stigma; and

WHEREAS, the following Counties have enacted legislation opposing both the process of enactment of the Act as well as certain provisions contained therein: Putnam, Rockland, Orange, Ulster, Greene, Schoharie, Rensselaer, Warren, Washington, Hamilton, Fulton, Herkimer, Lewis, Oneida, Madison, Oswego, Tioga, Yates, Livingston, Wyoming, Orleans, Niagara, and Cattaraugus; and

WHEREAS, several of the remaining counties in the State have similar legislation currently pending; and

WHEREAS, The Board of Supervisors does hereby affirm support for the Second Amendment of the U.S. Constitution and the rights afforded to residents under the Constitution, and opposes attempts to infringe on those rights; now, therefore, be it

RESOLVED, That the Board of Supervisors affirms support for the Second Amendment, and states opposition to the legislation NY Safe Act adopted by the State Legislature restricting the rights of gun owners, and opposes attempts on the Federal level to implement new restrictions on these rights; and, be it further

RESOLVED, That this Legislative Body further requests that the NY Safe Act be repealed during the current state legislative session; and, be it further

RESOLVED, That the Clerk of this Legislative Body is hereby directed to transmit certified copies of this resolution to U.S. Senator Charles Schumer, U.S. Senator Kirsten Gillibrand, U.S. Representative Paul Tonko, U.S. Representative Chris Gibson, Governor Andrew Cuomo, State Senator Kathy Marchione, Assemblyman Steve McLaughlin and Assemblywoman Didi Barrett.

 

Approved:

____________________________

 

________________________________ ____________________________

County Attorney

____________________________

 

1 Comment

Posted in Resolutions, Resolutions opposing

Tagged ,

NYS Against S.A.F.E. County Demographics

Posted on March 14, 2013 | 1 comment

From a friend of the site:

Folks – The attachment is for your use.  There needs to be more focus that outside of the NYC area, over 90% of NYS is opposed to the SAFE Act.  Over 90% of the lands of NY are hostage to the NYC political interest group.  Please try to use facts like these in the local papers and web sites.

 

NYS Against S.A.F.E. County Demographics by Evan Hempel

1 Comment

Posted in Uncategorized

Town of Brunswick resolution opposing the NY SAFE Act

Posted on March 14, 2013 | 3 comments

Passed unanimously March 14th 2013

Brunswick Resolution 29 by Evan Hempel

3 Comments

Posted in Resolutions, Resolutions opposing

Tagged ,

Town of Greenwich resolution opposing the NY SAFE act

Posted on March 13, 2013 | Leave a comment

RESOLVED, that  the  proposed  Resolution  in  Support  of  the Second Amendment  of  the  United States Constitution be brought to the table for discussion.

Ayes: 4
Nay: 1  Idleman
Carried.

Councilman Patrick asked that the proposed Resolution be read aloud.  Supervisor Idleman did so.

RESOLUTION NO. 31‐13
Resolution in Support of the Second Amendment of the United States Constitution

Resolution by Councilman Jeffords
Seconded by Councilman Whitehouse

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 the defense of Life, Liberty and Property is regarded as an inalienable right by the people of the Town of Greenwich, New York; and

WHEREAS, the people of the Town of Greenwich derive economic and recreational benefit from all safe forms of firearms activity, including hunting and shooting, using all types of firearms allowable under the United States and State of New York Constitutions; and

WHEREAS,  the  Town  of  Greenwich  Board,  being  elected  to  represent  the  people  of  the  Town  of Greenwich and being sworn by their Oath of Office to uphold the United States and State of New York Constitutions; and

WHEREAS,  certain  legislation  passed  by  the  New  York  State  Assembly  and  Senate  infringes  on  the Constitutional Right to bear arms and would be a ban on the lawful use of certain firearms in the Town of Greenwich; and

WHEREAS,  the  Town  of  Greenwich  believes  that  there  are  many  other  less  restrictive  and  intrusive means of regulating firearms available other than the rash, confusing and inarticulately drafted recent firearms law that could effectively control, manage and reduce violence in our society, such as mental health reforms, anti‐bullying programs for schools, enforcement of existing laws to the fullest extent possible and proper psychological treatment for those in need; and

NOW  THEREFORE,  BE  IT  RESOLVED  that  the  Town  of  Greenwich  in  concurrence  with  our  New  York State Senator Elizabeth Little and Assemblyman Anthony Jordan hereby opposes the enactment of any legislation that infringes upon the right of the people to keep and bear arms and supports the repeal of the New York Secure Ammunition And Firearms Enforcement Act (NY SAFE act).

Discussion:

Councilman  Jeffords  stated  that  he  isn’t  a  hunter;  doesn’t  own  a  gun;  has  never  fired  a  gun;  this doesn’t come from any love for firearms because he doesn’t have any but he supports the Constitution of the United States and New York State and he wants to uphold his oath of office which is to support both of those and that’s the reason he brought this forward.

Councilman Patrick asked what effect the SAFE act has on schools. What is it that they can and can’t do?

Ralph Vecchio: This law does nothing to stop someone who is determined to cause injury.  No law has ever  been  prescribed,  starting  with  the  Ten Commandments  that  has  ever  stopped  someone  that  is determined  to  commit  a  crime  or  do  something  illegal.    There  is  nothing  in  this  statute that  would protect our schools.

Councilman Jeffords: The Albany County District Attorney was asked how many legal weapons he could connect to any of the crimes that he had prosecuted in the last year.  He said zero.  There were illegal weapons but this isn’t going to stop illegal weapons.

Mike Bittel:  If a sign was put up at school that says no weapons allowed, who’s that going to stop? It’s not going to stop the criminal.  It’s going to stop law abiding citizens who you want protecting our kids and fellow citizens.

Mark Pepin:  We’re capturing the wrong felons.  Good people are being brought to the Judge while the other ones run free.  These laws will not help our children.

Supervisor Idleman:  I’m in the minority and I’ve been here before.  There are problems with this law. I have problems with the Message of Necessity and the way it is used.  I am amazed at the amount of passion  this  has  brought  out  in  people.  My  concern  is  that  we  don’t  have  the  same  amount  of compassion  for  other  issues  that  we  face  every  day  as  government  officials.    I  am  not against  legal ownership  of  guns.    I  think  there  is  a  lot  we  can  do  to improve  ownership  and  gun  safety  in  this country.  I am not in favor of repealing this law.  If we repeal this law nothing will change.  I am in favor of  making  changes.    I’m  not  in  the  position  to  make  those  changes,  that’s  up to  our  legislators  and that’s  the  message  I’ll  take  to  my  Legislator  and  I  know  that  I  speak  for  a  constituency  out  there.    I respect what everyone has to say but I cannot in good conscience support repealing the NYS SAFE act at this point.

Don Perkins Jr:  The law is doing nothing more than taking away the rights of law abiding citizens and their rights under the Constitution of the United States.

Mike  Bittel:  Confused  on  Supervisor  Idleman’s  statement  about  passion. Everyone  in  this  room  is passionate about this Town.

Supervisor Idleman:  Clarified her statement.  The County just went through the process of selling our Public Health and Pleasant Valley.  There wasn’t the passion to protect those people and hang on to those facilities.  The passion just wasn’t there.  Nationwide this has become such a dominant issue and there are so many issues.  I wasn’t talking about passion for our Village.  We share that. We all share that. On any given day, I could disagree with any one of the other Town Council members.  But when we come together around this table we work for the Town.  We get the jobs done for the Town. I’m talking about the passion in government.  My concern is bringing this to this table.  We have every right to stand up for what we believe in.  I’m really concerned about us passing this resolution and opening the door to other issues that could very well walk through the door with the same amount of passion.  It is an important issue and it’s not that it doesn’t belong here but I don’t think it should be our primary focus.

Mike Bittel: I’m proud that the Board has put this forward to hear us and that most of our Town Board members agree with it and to have a voice this way.

Councilman Jeffords:  Not only can we have local passion, we can have passion for our Constitution and we need to support the Constitution.  There is a way the Constitution can be changed and it’s not by passing laws like the SAFE act.  The reason the SAFE act was passed the way it was, was because the Governor knew that it couldn’t get passed any other way. That’s the passion I have above and beyond the local passion.

Peter Roberson:  Why are you against repealing the law as it stands?

Supervisor  Idleman:  I  would  rather  see  our  Legislators  change  the  law;  take it  apart  bit  by  bit  and change  it.    It  is  crazy  that  a  police  officer  can’t  go onto  school  grounds  with  a  gun.  That’s  going  to change.  The mental health part is going to change.  They will change over time.  But if this is repealed the issue with guns and violence will get dropped right off the table.

Dan Spigner: There are a couple points to what you are saying.  Assemblyman Tony Jordan didn’t even know anything about it but within eight hours it was passed. The law wasn’t given due process.  It was three men in a room.  Done in the dark of night. That is what I wanted everybody to understand.  It’s not that we don’t agree that something needs to be done.  More research needs to be done and we are in full agreement with that. To a certain extent this is a ridiculous law that has been passed.  It’s somebody that’s looking for a higher office.  That’s what we’re here about.  We don’t agree with the law the way it was written.  It wasn’t given due process.

Don Perkins Jr:  The most important thing is that anything that is going to infringe upon our rights or take away our rights has to be done by an amendment to the Constitution and there is a procedure to go through.  This room is where the activity starts to go up.  As taxpayers we have a right to come here and  voice  our  opinion.    We  have  avenues  to  take  it  further  but  this  is  our  first  step.  It  makes  me uncomfortable  to  see  a  group  this  big  and  this  passionate  about  this  item  brought  before  the  Town Board  which  is  our  starting point. We  have  to  do  it  this  way.  If  there  be  any  inclination  that  you wouldn’t  want  to  bring  it  to  the  table,  and  with  it  being  an  infringement  upon  our rights  that  are guaranteed to us, and not vote for it?  I just don’t understand.

Mac McKinley:  Help support our 2nd Amendment rights. Our forefathers wanted us to have the right to protect our homes and our country. I urge you to pass this unanimously.

Councilman  Whitehouse:  This  evening  I  vote  with  absolute  no  regard  to  political  parties  and  any  of that.  I vote because don’t mess with our 2nd Amendment and don’t mess with our Constitution.

Councilman Perkins:  I have fired all kinds of different weapons and I am a gun owner. I am a Board member and I am proud to be an American.  I’ll vote for the 2nd Amendment and I’ll vote because I am also a veteran.

Supervisor  Idleman:    The  resolution  is  to  support  the  repeal  of  the  act  thereby  protecting  the  2nd Amendment.  I also believe in protecting the 2nd Amendment.  I think the 2nd amendment is protected.  I think it will continue to be protected. I don’t think it will ever be taken away from you. One of the terms in the 2nd Amendment is “a well regulated”. There is not one single amendment that is absolute.  I would guess the lawyer in the room would agree with me on that.  You can’t belong to a church that practices human sacrifice in this country.  You can’t yell fire in a crowded theater.  The Amendments are very fluid. They are not carved in stone.  They are acted on over and over again by the Supreme Court which has protected the 2nd Amendment and I believe the 2nd Amendment should be protected.  I do not believe in repealing this particular law at this time. I will vote against this resolution for that reason.

Councilman Perkins:  You talked about a “well regulated militia”.  If anyone is a handgun owner and has a handgun permit and you have been through the background checks multiple times because you either  added  a  pistol  to  your  pistol  permit  or  you  got  a  revision  on  your  license,  the  old  paper  ones failed and fell apart and you got the new credit card looking one. If any of the legal gun owners have gone through that process they are fully aware of what regulations are there.  Bob mentioned that the crime rate for legal weapons is near zero in Albany County.  Nationally it is probably very close to that too for legal gun ownership.  Those are the regulations that are on the books and most everyone in this room has abided by them.  To come up with new ones that affect those people who are abiding by the law I think is a disservice to the State of New York.

Councilman Jeffords:  Mayor Bloomberg, one of the most liberal people on earth if not the most, today mentioned that he didn’t think this act does anything.  It’s the hand gun that he wants to control.  Even the other side doesn’t agree with themselves.

The  foregoing  Resolution,  offered  by  Councilman  Robert  Jeffords,  and  seconded  by  Councilman  Eric Whitehouse, was duly put to a roll call vote as follows:

Councilman Whitehouse VOTING Aye
Councilman Perkins   VOTING   Aye
Councilman Patrick   VOTING   Aye
Councilman Jeffords   VOTING   Aye
Supervisor Idleman   VOTING   Nay

Carried.

Leave a comment

Posted in Resolutions, Resolutions opposing

Tagged ,

Town of Benton resolution opposing the NY SAFE act

Posted on March 13, 2013 | 1 comment

RESOLUTION NO. 13-18

RESOLUTION OPPOSING THE PROCESS FOR ENACTMENT OF THE NEW YORK SECURE AMMUNITION AND FIREARMS ENFORCEMENT ACT OF 2013

WHEREAS, the enactment of the NY SAFE Act on January 15, 2013 by the NYS Legislature and signed by Governor Cuomo, although having several good points including increased criminal penalties and mental health requirements has provoked significant controversy over both the process by which it was enacted and having certain provisions contained within being viewed by many citizens that this Legislation has infringed upon their rights guaranteed to them under the second Amendment of the United States Constitution; and

WHEREAS, Governor Cuomo has proposed spending $36 million dollars in his 2013-2014 Executive budget for the implementation of the NY SAFE Act at a time when New York State taxpayers seek tax relief, as fiscal burdens being placed on local county governments for required state services costs are unsustainable, and

WHEREAS, each and every bill that comes before the New York State Legislature before any enactment deserves a fair and open discussion that supports the people’s right to know and access to information which incorporates all points of view in order to ensure that all citizens are heard and that the Legislation has its intended purpose, and in this case benefits the people of the State of New York in reducing gun violence, and

WHEREAS, it is apparent to reasonable people that this thirty-nine page bill was hastily processed, and was adopted after minimal public discussion that contains definitions and exemption flaws, as well as possible unfunded mandates on county governmental agencies; and that the legislature and Governor did not properly seek out and consider public input to the standard that we do locally for consideration of any local laws;

NOW, THEREFORE, BE IT RESOLVED, that the Benton Town Board wishes to express its concern that the normal due process for such acts was inconsistent, and any future legislation which addresses the fringes of a constitutional freedom regarding the ownership of types 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 in hearings or otherwise, and express their points of view, and that proper and applicable amendments to this act be enacted and further

RESOLVED, that certified copies of this resolution be forwarded by the Clerk of this Board to Governor Andrew Cuomo, Senator Thomas O’Mara, Assemblyman Phil Palmesano, Senate Majority Leader Dean Skelos, Assembly Speaker Sheldon Silver, Minority Leader Assemblyman Brian M. Kolb, Inter-County, Senator Charles Schumer, Senator Kirsten Gillibrand, Congressman Thomas Reed, and to the NYS Association of Towns

1 Comment

Posted in Resolutions, Resolutions opposing

Tagged ,

Town of Livonia resolution calling for repeal of the NY SAFE act

Posted on March 13, 2013 | Leave a comment

DISCUSS NYS SAFE ACT

Supervisor Gott asked Attorney Campbell to discuss the resolution he drafted at the request of the board asking for a repeal of the NYS Safe Act. Attorney Campbell remarked that this issue is of personal interest to him. He based the resolution on constitutional issues and contributed the conclusions to the character of the Livonia Community. He addressed the undue burden that this law places on our municipalities, i.e. unfunded mandates for relicensing, etc. He remarked that most counties in the state have passed similar resolutions, and many state associations support repeal as well. Supervisor Gott asked the board to look over the resolution and they will talk more about it at the end of the meeting.

RESOLUTION 51-2013

OPPOSING THE PROCESS OF ENACTION AND CERTAIN PROVISIONS CONTAINED WITHIN THE NEW YORK SAFE ACT

On motion of Councilmember Grouse seconded by Councilmember English the following resolution was ADOPTED unanimously

Ayes – 5 (Gott, English, Gascon, Grouse, Seelos)
Nays –0

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

WHEREAS, the right of the people to keep and bear arms for defense of life, liberty, and property is regarded as an inalienable right of the people of the Town of Livonia; and

WHEREAS, the lawful ownership of firearms is, and has been, a valued tradition in the Town of Livonia, and the rights protected by the Second Amendment to the United States Constitution are exercised by many of its residents; and

WHEREAS, the people of the Town of Livonia derive economic and environmental benefits from all safe forms of recreation involving firearms, including, but not limited to, hunting and target shooting, while utilizing all types of firearms which are protected under the Constitution of the United States; and

WHEREAS, members of the Livonia Town Board, being elected to represent the people of the Town of Livonia, are duly sworn by their oath of office to uphold the Constitution of the United States; and

WHEREAS, members of the New York State Assembly and the New York State Senate, being elected by the people of New York State, are duly sworn by their oath of office to uphold the Constitution of the United States; and

WHEREAS, the enactment of the NY SAFE Act (Chapter 1 of the Laws of 2013) has engendered significant controversy over both the process by which it was enacted and certain provisions contained within it; and

WHEREAS, since its enactment, more than 75% of the Counties in New York State, dozens of towns and many highly regarded organizations, including the New York State Sheriffs’ Association, New York State Association of County Clerk, and New York State Association of Counties have approved or are working to approve resolutions opposing provisions of the NY SAFE Act and asking for its repeal; and

WHEREAS, it is our understanding that many State Legislators had very little time (in some instances less than an hour) to review the proposed legislation, which contained approximately twenty-five thousand words, before being required to vote on it; and

WHEREAS, having reviewed the legislation and the reported time constraints, it is our conclusion that it is very unlikely that any individual could have read the entire bill and understood its full implications prior to voting on it; and

WHEREAS, our State Legislators most certainly could not have had the time and opportunity to request and receive input from their constituents regarding this matter; and

WHEREAS, seeking and considering such public input is an absolute standard to which we hold ourselves on the Livonia Town Board; and

WHEREAS, the legislation has approximately 60 sections, of which only a handful take effect immediately; and

WHEREAS, there appears to be no legitimate reason for the Governor to have used a message of necessity to bring this bill to vote immediately, bypassing the standard three day maturing process applied to all non-emergency related legislation; and

WHEREAS, the reactionary and poorly conceived process of crafting the NY SAFE Act resulted in complex policy changes, many of which are confusing to the State Legislators who voted on them and the law enforcement officials who are required to enforce and explain them; and

WHEREAS, requiring law-abiding gun owners to verify ownership of certain types of firearms every five years, in addition to registering them on their permits, which now also must be renewed every 5 years, does not increase the safety of the public and is unnecessarily burdensome to County governments and the law abiding residents of New York State; and

WHEREAS, there will be a significant and negative financial impact to Livingston
County due to the large number of pistol permits that will have to be renewed on a regular basis, requiring additional manpower and other resources; and

WHEREAS, this legislation prohibits the sale of firearm magazines with a capacity larger than seven rounds; and

WHEREAS, those firearm magazines with a capacity larger than seven rounds, which are authorized to be retained by existing owners, may only be loaded with seven rounds and eventually must be permanently altered to only accept seven rounds or be disposed of, thus constituting a seizure of legally owned personal property with no provision for compensation; and

WHEREAS, few or no low capacity (7 rounds or less) magazines currently exist for many of the firearms commonly possessed by law-abiding residents of the Town of Livonia; and

WHEREAS, limiting the number of rounds to seven versus ten is arbitrary and capricious, has no correlation to public safety, unfairly burdens law-abiding gun owners, and puts an undue burden on gun manufacturers to retool their manufacturing plants; and

WHEREAS, the only persons who will comply with the new high-capacity magazine ban are law-abiding citizens, leaving the same high-capacity magazines in the hands of those who choose not to obey the law; and

WHEREAS, requiring documentation of all ammunition sales in New York State, as provided for in this legislation, is a significant unfunded mandate on business; and

WHEREAS, the New York State Combined Ballistic Identification System, which wasted $44 million in taxpayer money and resulted in zero convictions, illustrates the propensity of government to waste taxpayer resources when legislation is not properly reviewed; and

WHEREAS, Governor Cuomo has proposed spending $36 million dollars in his 2013-2014 Executive budget for the implementation of the NY SAFE Act at a time when New York State is suffering from significant financial challenges; and

WHEREAS, this legislation severely impacts the possession and use of firearms now employed by the residents of Livonia for defense of life, liberty, and property; and

WHEREAS, this legislation severely impacts the possession and use of firearms now employed for safe forms of recreation including, but not limited to, hunting and target shooting; and

WHEREAS, while there are some areas of the legislation that the Livonia Town Board finds encouraging, such as addressing glaring shortcomings in the mental health system, the strengthening of Kendra’s Law and Mark’s law, as well as privacy protections for certain pistol permit holders, by-and-large, we find the legislation does little more than negatively impact lawful gun ownership; and

WHEREAS, this legislation fails to offer any meaningful solutions to gun violence and places increased burdens where they do not belong, squarely on the backs of law-abiding citizens; and

WHEREAS, this legislation effectively turns countless New York State law-abiding gun owners into criminals; and

WHEREAS, the manner in which this legislation was brought forward for vote in the State Legislature is deeply disturbing to the Livonia Town Board; now therefore

BE IT RESOLVED, that the Livonia Town Board does hereby oppose, and request the repeal of, any legislation, including the sections within the NY SAFE Act (Chapter 1 of the Laws of 2013), which infringe upon the right of the people to keep and bear arms; and be it

FURTHER RESOLVED, that the Livonia Town Board considers such laws to be an egregious violation of 2nd Amendment Constitutional Rights, as well as onerous, and burdensome to the citizens and County governments throughout the State, and beyond lawful legislative authority granted to our State representatives; and be it

FURTHER RESOLVED, that the Livonia Town Board strongly encourages members of the New York State Legislature to hold public hearings to address the issue of gun violence in a way that will produce meaningful results; and be it

FURTHER RESOLVED, that the Livonia Town Board requests the members of the New York State Senate and Assembly who represent the Town of Livonia and Livingston County to reply, in writing, with their views on, and actions taken, in support of, or opposition to, the NYSAFE Act; and be it

FURTHER RESOLVED, that a copy of this resolution be sent to Governor Andrew Cuomo, Lt. Governor Robert Duffy, Senator Patrick Gallivan, Assemblyman William Nojay and the New York State Association of Towns.

Leave a comment

Posted in Resolutions, Resolutions opposing

Tagged ,

Town of Cortlandville resolution calling for repeal of the SAFE act

Posted on March 13, 2013 | Leave a comment

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.

Leave a comment

Posted in Resolutions, Resolutions opposing

Tagged ,

Town of Caton resolution opposing the NY SAFE act

Posted on March 13, 2013 | 1 comment

Second Amendment Resolution-after board discussion and on motion of Councilman Stuart seconded by Councilman T Scott the following resolution ADOPTED

VOICE VOTE-AYES 4(Stuart, T Scott, M Scott, Phenes) ABSTAINED 1(Hughes)-

RESOLVED for the Town of Caton to adopt a resolution as written by the Town of Deerpark, NY opposing the recent NY-SAFE gun control legislation passed by the New York State Assembly and Senate and supporting second amendment constitutional rights. Copy of resolution to be mailed to the President and Vice President of the United States, Governor of NY State, our district senators, assemblymen and congressional representative.

Deerpark NY Resolution

PDF: Town of Caton March 13 Meeting Minutes

1 Comment

Posted in Resolutions, Resolutions opposing

Tagged ,