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Resolution in Support of the Second Amendment and in Opposition to the Process Utilized to Enact the NY-SAFE Act and Portions Thereof

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 Franklin, Franklin County New York, and:

WHEREAS, the People of the Town of Franklin, Franklin County, New York, derive economic benefit from all safe forms of firearms recreation, hunting, and shooting conducted within Franklin and surrounding areas, using all types of firearms allowable under the Constitution and Laws of the State of New York as well as the Constitution and Laws of the United States, and;

WHEREAS, the Franklin Town Board, has been elected to represent the People of Franklin and have taken an Oath to uphold the United States Constitution and the Constitution of the State of New York, and;

WHEREAS, the New York State Assembly and the New York State Senate, and Governor of New York State have been elected by the People of the State of New York and have sworn an Oath to uphold the Constitutions and Laws of the United States and the State of New York, and;

WHEREAS, legislation passed by the New York Assembly and Senate and signed into law by Governor Cuomo bans the possession and use of firearms commonly in possession and now employed by individual citizens of the Town of Franklin, for defense of Life, Liberty and Property and all other lawful activity and would ban the possession and use of firearms now employed for safe forms of firearms recreation, hunting and shooting conducted within the Town of Franklin, Franklin County, New York, and;

WHEREAS, the definition of Assault Weapons as pertained in the NY SAFE ACT of 2013 is opinionated and without merit,

WHEREAS, the legislation was passed in such haste without opportunity for the public or even members of the Legislature voting on it to truly understand its implications, and;

WHEREAS, the Franklin Town Board believes there are many other less intrusive means available that would effectively control, manage, and reduce violence in our society, other than rash, confusing, and inarticulately drafted firearms laws. These might include, but are not limited to, mental health reforms, anti-bullying programs for schools, programs for improving the security of both our school buildings as well as overall security, enforcement of existing firearms laws to the fullest extent possible, and proper psychological counseling for those in need or who request it;

NOW, THEREFORE, IT BE AND IS HEREBY RESOLVED that the Franklin Town Board does hereby oppose the process utilized in the enactment of the law commonly called the NY-SAFE Act and the body of the law thereof for the following reasons:

• The law was enacted without any time for public review and comment and was negotiated entirely behind closed doors;
• The law identifies and bans a group of weapons based solely on cosmetic properties, but which actually are semi-automatic and function on the same 100 year old technology as any other modern sporting rifle:
• The law bans lawfully acquired personal property without any evidence that such a ban would actually serve to make our society safer;
• The law arbitrarily chooses the number of rounds permitted to be loaded in a magazine without any recognition that such magazines are often not even manufactured for the relevant weapons and would only serve to further limit a person’s right and ability to defend Life and Liberty;
• The law actually places law enforcement at a disadvantage, making our streets less safe;
• The law criminalizes inadvertent errors by persons who lawfully purchased magazines and load it with too many rounds;
• The law requires a background check on those who simply purchase ammunition for target practice or hunting;
• The law requires mandatory “recertification” of pistol licensees without specifying as to the cost and specific requirements for such “recertification”; be it further

RESOLVED, that the Franklin Town Board hereby re-affirms its support of and for the 2^nd Amendment to the United States Constitution; and be it further

RESOLVED, that the Franklin Town Board affirms its support for the resolution as passed by the Franklin County Board of Legislators on March 7^th, 2013; be it further

RESOLVED, that a copy of this resolution shall be transmitted electronically and via Certified Mail to: Senator Charles Schumer, Senator Kirsten Gillibrand, Congressman William Owens, Governor Andrew Cuomo, Senator Elizabeth Little, Assemblywoman Janet Duprey, NYS Assembly Leader Sheldon Silver, NYS State Senate Leader Dean Skelos, and the Association of Towns.