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Town of Indian Lake resolutions opposing NY SAFE act.

Posted on February 11, 2013 | 2 comments

                                                               Resolution #2 2013

Offered by: Supervisor Wells

Seconded by: Councilman Rathbun

 

Resolution to Oppose 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  Hamilton County and the Town of Indian Lake

WHEREAS, the lawful ownership of firearms is, and has been, a valued tradition in Indian Lake, 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 Indian Lake 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 Board of the Town of Indian Lake ,being elected to represent the people of Indian Lake 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, having reviewed the legislation and time constraints, it is our conclusion that there is no possible way 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 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 to in Indian Lake 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 5 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 Hamilton County permits that will have to be renewed requiring additional manpower ; 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 New York State; 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 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 Indian Lake 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 Town Board of the Town of Indian Lake 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 of pistol permit holders, by-and-large, we find the legislation does little more then 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 Town Board of the Town of Indian Lake, now, therefore, be it

RESOLVED, that the Town Board of the Town of Indian Lake does hereby oppose, and request the repeal of, any legislation, including the sections within the NY SAFE Act (Chapter1 of the Laws of 2013), which infringe upon the right of the people to keep and bear arms; and further be it

RESOLVED, that the Town Board of the Town of Indian Lake considers such laws to be unnecessary and beyond lawful legislative authority granted to our State representatives; and further be it

RESOLVED, that the Town Board of the Town of Indian Lake  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 further be it

RESOLVED, that the Town Board of the Town Indian Lake  requests the members of the New York State Senate and Assembly who represent all, or part of, Hamilton County to reply, in writing, with their views on, and actions taken, in support of, or opposition to, the NY SAFE Act; and further be it

RESOLVED, that a copy of this resolution be sent to, Governor Andrew Cuomo, Senator Charles Schumer, Senator Kirsten Gillibrand, Congressman Bill Owens New York State Senators Hugh Farley and Assemblyman Marc Butler,

 

Roll Call: Councilman Valentine            Nay

Councilwoman Stanton          Nay

Councilwoman Locke            Aye

Councilman Rathbun              Aye

Supervisor Wells                    Aye

 

Councilwoman Stanton explained to all present that she has been researching this since last week. However in good conscience she finds it difficult to ask for a repeal of the Safe Act when there are things in it she feels are extremely valuable (such as the penalties for killing of an emergency responder and the mental health reviews). She told all that she completely supported the Resolution the County voted on from the Sheriff’s Association, copy of County Resolution attached herein, because these are the people on the front line and they will be the ones having to enforce these laws. Some of which she knows will be difficult. She asked the Board to support the County Resolution that was in support of the New York State Sherriff’s Association. Kim Mitchell stated that he had read this Resolution and a lot of it was for the Law Officer’s themselves’ and he felt that it basically said the same thing as the Resolution the Board just passed concerning the clips. She Stated that this one states that they are willing to set down and hammer out the difficulties in the Law. Kim stated that he feels the same way, he knows there are good things in the Law that he supports, but the way Governor Cuomo did this should not have been done. He felt that the Governor jumped the gun without talking to relevant people, such as the State Police, he feels that he dumped everything into their laps as well as putting forty million dollars in his budget for the gun control bill, while saying he did not raise taxes. Kim feels that this was done totally illegally and against the Constitution. Many people such as Rick Ackerman and Raynard Corrow, from the community reiterated what Kim had said. They asked why not repeal it and start over and do it right, how they did it was wrong.  Supervisor Wells stated that he supports the County Resolution also and there wasn’t that much difference and the message is the same.  Councilwoman Stanton made a motion to support the County Resolution in support of the New York State Sherriff’s Association. Seconded by, Supervisor Wells.

Supervisor Wells reiterated to all that the Board had already voted on the Resolution # 2, opposing the safe act law, and this was a motion to support the County Resolution.

 

Roll Call: Councilman Valentine                   Aye

Councilwoman Stanton                 Aye

Councilwoman Locke                    Aye

Councilman Rathbun                     Aye

            Supervisor Wells                            Aye

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City of Port Jervis resolution opposing the NY SAFE Act.

Posted on February 11, 2013 | 1 comment

RESOLUTION OF COMMON COUNCIL OF THE CITY OF PORT JERVIS SUPPORTING THE SECOND AMENDMENT TO THE UNITED STATES CONSTITUTION

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 City of Port Jervis, Orange County, New York, and:

WHEREAS, the People of the City of Port Jervis, Orange County, New York, derive economic benefit from all safe forms of firearms recreation, hunting, and shooting conducted in the areas surrounding and abutting the City while using all types of firearms allowable under the United States Constitution and the Constitution of the State of New York, and;

WHEREAS, the City of Port Jervis, being elected to represent the People of Port Jervis 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 State Assembly and the New York State 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, legislation passed by the New York Assembly and Senate infringes on the Right to Keep and Bear Arms and would ban the possession and use of firearms now employed by individual citizens of the City of Port Jervis, for defense of Life, Liberty and Property and would ban the possession and use of firearms now employed for safe forms of firearms recreation, hunting and shooting in lands surrounding and abutting the City of Port Jervis, Orange County, New York;

WHEREAS, the City of Port Jervis Common Council believes there are many other less intrusive means available, other than rash, confusing, and inarticulately drafted firearms laws that would effectively, control, manage, and reduce violence in our society, such as, mental health reforms, anti-bullying programs for schools, 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 City of Port Jervis Common Council does hereby oppose the enactment of any legislation that would infringe upon the Right of the People to keep and bear arms and consider such laws to be unnecessary and beyond lawful legislative authority granted to our State representatives, as there is no documented correlation between gun control measures and crime reduction.

BE IT FURTHER RESOLVED that a copy of this resolution be sent to President Barack Obama, Vice President Joseph Biden, Senator Charles Schumer, Senator Kirsten Gillibrand, Congressman Sean Patrick Maloney, Governor Andrew Cuomo, Senator John Bonacic and Assemblywoman Annie Rabbitt.

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Town of Cambridge resolution opposing the NY SAFE act.

Posted on February 11, 2013 | 2 comments

New York SAFE Act

Resolution #10

 TITLE: In Opposition to the Manner of Passage of the New York SAFE Act and the Use of Messages of Necessity

WHEREAS, The New York State Constitution requires a three-day waiting period between the introduction of any legislation and the vote on it but a special clause allows the Governor, in the event of an emergency, to issue a “message of necessity” suspending the three-day waiting period; and

WHEREAS, the Senate and Assembly, utilizing a message of necessity from the Governor, passed the New York Secure Ammunition and Firearms Enforcement (SAFE) Act without debate or an opportunity for the public comment; and

WHEREAS, despite the message of necessity, of 56 sections in the bill, 51 won’t be effective for 60 days, several not for a year, and just two were immediate; and

WHEREAS, the message of necessity has become an increasingly used method for Governors and the legislature to disregard the requirements of the law requiring time to debate legislation; and

WHEREAS, while Governor Cuomo used the message of necessity 34 times during his tenure as governor in 2011 and 2012, compared to 57 times in 2010 alone, he has still used such messages to foreclose debate on controversial issues such as Marriage Equality bill in 2011; and

WHEREAS, a 2004 report by the Brennan Center for Justice found that 27 percent of all major legislation passed issued from a message of necessity and from 1997 through 2001, 95.5% of the major legislation in the Assembly and 95.1% in the Senate were passed without any debate; and

WHEREAS, a message of necessity from the Governor does not require the legislature to immediately vote on a bill, it simply allows them to bypass the three day waiting period; and

WHEREAS, representative democracy demands that both citizens and their legislators have a full and fair opportunity to inform themselves about the purpose and content of proposed legislation in order to fully research and debate the issue presented; and

WHEREAS, Whatever the viewpoint on the merits of a particular issue, all citizens should agree that a full and fair debate of issues can only lead to better legislation; and

WHEREAS, the state of Connecticut, in which the Newtown shooting occurred, has chosen the path of reasoned research and debate by conducting public hearings before taking action; and

WHEREAS, groups such as the NY State Sheriff’s Association and New York State Association of County Clerks have pointed out numerous difficulties and issues with the NY SAFE Act that would have been avoided had the public and relevant organizations been allowed to comment and assist in the drafting of this legislation; and

WHEREAS, local governments also have an emergency message option, but that is tempered by the need for a two third majority to pass legislation introduced pursuant to an emergency message; and

WHEREAS, this legislation also results in additional unfunded mandates upon local governments in a time of extreme financial pressure; and now therefore be it

RESOLVED, that the Town of Cambridge condemns the use of a message of necessity to pass the New York SAFE Act; and be it further

RESOLVED, that the Town of Cambridge further call upon the Governor and legislative leaders to drastically reduce the use of the message of necessity to those truly emergent occasions for which it was intended; and be it further

RESOLVED, that a copy of this resolution be sent to State Senator Elizabeth Little.

Supervisor Watkins requested a motion to adopt this resolution.

Councilman Ford motioned,

Seconded by Councilman McMurray,

That the Town of Cambridge, Town Board support the New York SAFE Act Resolution.

Vote: Ayes – 4 Noes – 0

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Town of Saratoga resolution opposing NY SAFE act

Posted on February 11, 2013 | 2 comments

From town minutes.  PDF: February 11 2013 Saratoga Town Board Meeting Minutes.

The Town Board voiced the following reasons for opposing the NY Safe Act:

  • Passed in a rush with only 20 minutes to look over the 78 page document and without a chance for public input.
  • Doesn’t address the real issue- mental disorders and the lack of help for those affected.
  • Restricts law abiding citizens and their 2nd Amendment Rights.

On a motion by Councilman Michael McLoughlin and seconded by Councilman Fred Drumm the following Resolution #13-42 – Opposition to the NY Safe Act passed 01/14/2013 was adopted by vote: Supervisor Thomas Wood – aye, Councilman Fred Drumm – aye, Councilman Charles Hanehan – aye, Councilman Michael McLoughlin – aye, Councilman James Jennings – absent Carried 4 – 0.

WHEREAS, the Town Board of the Town of Saratoga endorses and upholds the 2nd Amendment to the United States Constitution: “A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed”; now therefore be it

RESOLVED, by the Town Board of the Town of Saratoga to oppose the law passed on January 14, 2013, referred to as the NY Safe Act. We condemn the action taken and the way in which the New York Secure Firearms Enforcement Act of 2013 was enacted and the governor’s use of Message of Necessity to limit the debate and input on the proposal.

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Town of Long Lake resolution opposing NY SAFE

Posted on February 8, 2013 | 1 comment

The Long Lake Town Board passed the following resolution on February 8th by a vote of 4 to 1.

RESOLUTION REAFIRMING SUPPORT OF FIREARMS OWNERSHIP

UNDER THE 2ND AMENDMENT OF THE UNITED STATES CONSTITUTION

WHEREAS on February 8th 1984 the Town Board of the Town of Long Lake, Hamilton County, New York did affirm their support of the 2nd amendment by adopting a resolution titled “RESOLUTION CONFIRMING OBLIGATION OF DEFENSE AND PROTECTION OF STATE AND NATION AND RIGHT TO KEEP AND BEAR ARMS”, and

WHEREAS recent tragedies such as the unspeakable school shooting in Newton Connecticut and the shooting of firemen in Webster New York have incited renewed calls for stricter gun control laws within New York and the nation, and

WHEREAS the Long Lake Fish and Game Club has presented the following denominated “ordinance” for consideration by the Town Board, to wit:

2nd Amendment Preservation Ordinance

AN Ordinance, which shall be known and may be cited as the “2nd Amendment Preservation Ordinance.”

To prevent federal, State or local infringement on the right to keep and bear Firearms, Firearms accessories or ammunition ; nullifying all federal, state or local acts in violation of the 2nd Amendment to the Constitution of the United States.

THE PEOPLE OF the Town of Long Lake DO ENACT AS FOLLOWS:

SECTION 1

The Town Board of the Town of Long Lake within the state of New York finds that:

A. The 2nd Amendment to the Constitution of the United States reads as follows, “A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”

B. All federal, state or local acts, laws, orders, rules or regulations regarding firearms, Firearms accessories or ammunition are a violation of the 2nd Amendment

SECTION 2

PROHIBITIONS ON FEDERAL, STATE OR LOCAL INFRINGEMENT OF THE RIGHT TO KEEP AND BEAR ARMS, FIREARMS ACCESSORIES OR AMMUNITION.

A. The Town Board of the Town of Long Lake within the state of New York declares that all federal, state or local acts, laws, orders, rules, regulations – past, present or future – as stated in Section 1, Part B above, shall be in violation of the 2nd Amendment to the Constitution of the United States and are not authorized by the Constitution of the United States and violate its true meaning and intent as given by the Founders and Ratifies, and are hereby declared to be invalid within the Town of Long Lake and all of its boundaries , shall not be recognized by this Town or within all of its boundaries within the state of New York, are specifically rejected by the Town of Long Lake and within all of its boundaries within the state of New York, and shall be considered null and void and of no effect in the Town of Long Lake within the state of New York.

B. It shall be the duty of the Town Board of the Town of Long Lake and within all of its boundaries within the State of New York to adopt and enact any and all measures as may be necessary to prevent the enforcement of any federal, state or local acts, laws, orders, rules, or regulations in violation of the 2nd Amendment to the Constitution of the United States.

SECTION 3

EFFECTIVE DATE

A. This act takes effect immediately upon approval by the Town Board of the Town of Long Lake, and

WHEREAS the Webster New York case clearly reflects a greater need for an overhaul of the state’s mental health system and parole/judicial system, along with greater “criminal control”, and

WHEREAS the fact that William Spengler, who was convicted of beating his grandmother to death with a hammer, was released back into the community only to kill innocent firemen responding to a call for help is unconscionable, and

WHEREAS the fact that William Spengler, a convicted felon, was in possession of firearms in violation of existing laws only reinforces this Board’s position that gun control is NOT the problem, and

WHEREAS the United States Declaration of Independence states “We hold these truths to be self-evident…all men are…endowed by their Creator with certain unalienable rights. That to secure these rights governments are created among men.” and whereas this acknowledgement was the very foundation of the Constitution of the United States of America and may be reduced in principle to three articles, to wit, the right of personal security (life); the right to personal Liberty; and, the right of private property, and

WHEREAS the 2nd Amendment to the Constitution of the United States concludes that “the right of the people to keep and bear arms shall not be infringed”, and past and recent onerous governmental regulation of firearms have greatly infringed upon the people’s unalienable Creator-endowed rights and stated rights to keep and bear arms in defense of life, liberty, and right of private property, now therefore be it

RESOLVED the Town Board of the Town of Long Lake, Hamilton County, New York reaffirms our support of the 2nd Amendment to the Constitution of the United States, and be it further

RESOLVED the Town Board vehemently opposes any and all new legislation that further restricts the rights of law abiding gun owners, and be it further

RESOLVED the Town Board supports legislation that will ensure dangerous felons are incarcerated and not released only to take additional innocent lives, and be it further

RESOLVED the Town Board calls on our state and federal representatives to take appropriate action to ensure the safety of the citizenry from dangerous psychopaths regardless of whether they are using firearms, knives or hammers as weapons to take innocent lives, and be it further

RESOLVED the Town Board supports the rights of its citizens to arm themselves if necessary to protect themselves from such dangerous psychopaths and other criminals when our government fails to do so, and be it further

RESOLVED that copies of this resolution be forwarded to Sen. Farley, Sen. Little, Sen. Marchione, Assemblyman Butler, Assemblyman Stec, Governor Cuomo, Hamilton County Chairman of the Board of Supervisors Farber and AATV President Towers.

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Orange County Legislature Passes 2nd Amendment Resolution

Posted on February 8, 2013 | 4 comments

2013-02-07 Orange County Legislature Resolution 33 of 2013 by Evan Hempel

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Town of Walworth resolution opposing NY SAFE act

Posted on February 7, 2013 | 1 comment

Passed unanimously February 7th

Walworth Town Board Minutes 020713 by Evan Hempel

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Oswego County resolution opposing NY SAFE act

Posted on February 7, 2013 | 3 comments

Oswego NY SAFE repeal resolution

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Oswego County lawmakers call for repeal of NY SAFE Act

Posted on February 7, 2013 | Leave a comment

The Government Courts and Consumer Affairs Committee, of the Oswego County Legislature, held a special meeting Thursday afternoon and unanimously passed a resolution that calls for the repeal of the NY SAFE Act.

Oswego County is joining a growing list of counties that have publicly denounced the recent enactment of the toughest gun control legislation in the nation. Similar resolutions are being considered in Ontario, Jefferson, and Ulster counties.

Read more…

Resolution Text

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Hamilton County resolution supporting sheriffs association statement on NY SAFE act

Posted on February 7, 2013 | 2 comments

Passed on February 7th

Hamilton County Agenda & Resolutions Feb. 7, 2013 by Evan Hempel

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