Category Archives: Resolutions opposing

Town of Marathon resolution opposing NY SAFE act

Posted on February 25, 2013 by | 2 comments

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 Marathon, New York, and:

WHEREAS, the People of the Town of Marathon, New York, derive economic benefit and recreation from all safe forms of firearms conducted within the Town of Marathon 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 Marathon Board, being elected to represent the People of the Town of Marathon 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 Marathon, 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 Marathon, New York;

NOW, THEREFORE, BE IT AND HEREBY RESOLVED that the Town of Marathon’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.

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

Posted on February 25, 2013 by | 8 comments

RESOLUTION CALLING FOR THE REPEAL OF THE NEW YORK SAFE ACT OF 2013

Offered by: Ways and Means Committee

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 States 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 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 having been on the desks of the members of the New York State Legislature for only a few hours, thereafter was literally adopted in the night and signed into law by Governor Andrew Cuomo; and

WHEREAS, 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 fork 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 ad the State Legislature, reading in part “…The people’s right to know the process of governmeçtal decision-making and to review the documents and statistics leading to determinations is basic to ouf 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 Inter County Association of Western New York and the Inter County Legislative Committee of the Adirondacks at a joint meeting held February 6, 2013, at Albany, New York, expressed their concern that any 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:

1. That the Allegany County Board of Legislators calls for the repeal of the New York Secure Ammunition and Firearms Enforcement Act of 2013 (“NY SAFE ACT”);

2. That the Allegany County Board of Legislators supports the positions adopted by resolution from the New York State County Clerk’s Association and the State Sheriff’s Association.

3. That the Allegany County Board of Legislators directs that certified copies of this resolution be forwarded to Governor Andrew Cuomo, members of the New York State Legislature, NYSAC, NACO, New York State Association of Towns, and each New York State County.

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Town of Aurora resolution opposing the SAFE Act

Posted on February 25, 2013 by | 1 comment

Town of Aurora resolution opposing the SAFE Act passed unanimously.

TOWN OF AURORA RESOLUTION TO AMEND THE NEW YORK SAFE ACT

WHEREAS, the Town of Aurora, located in Erie County, is the home of almost 14,000 New York State residents; and

WHEREAS, on Monday, January 14, 2013 the rights under the Second Amendment of our Constitution were infringed upon without due process; and

WHEREAS, the Gun Control Bill (S.2230), known as the NY SAFE Act, was rushed through the Senate and Assembly without a single public hearing or input from the various law enforcement agencies located around the State; and

WHEREAS, even the State lawmakers did not have adequate time to review the bill as presented, leaving questions about implementation and regulation of this new law; and

WHEREAS, this law should focus on increasing penalties for criminals who use firearms to harm and threaten law abiding citizens and address the issues of mental illness related to violence; and

WHEREAS, the Town of Aurora realizes the NY SAFE Act gun control law must be repealed and the restrictive parts of the enacted law be replaced.

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Aurora calls upon the Governor and the State Legislature to repeal the NY SAFE Act and to use proper legal procedure to create revised legislation that better addresses the real issues related to gun control; and

BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to: Hon. Governor Andrew M. Cuomo, Hon. Senate Majority
Leader Dean Skelos, Majority Leader of Independent Democratic Caucus Jeff Klein, Hon. Senate Minority Leader Andrea Stewart-Cousins, Hon. Speaker of the Assembly Sheldon Silver, Hon. Leader of the Assembly Joseph Morelle, Hon. Minority Leader of the Assembly Brian Kolb, the Western New York Delegation and the Erie County Legislators.

Upon a vote being taken: ayes – five     noes – none     Motion carried.

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Elmira Police Department Retired Officers Association

Posted on February 23, 2013 by | Leave a comment

The Elmira Police Department
Retired Officers Association
247 Jackson Creek Road
Erin, New York 14838

February 23, 2013

The Honorable Andrew M. Cuomo
Governor of New York State
NYS State Capitol Building Albany, NY 12224

Dear Governor Cuomo,

The Elmira Police Department Retired Officers Association (EPDROA) is
comprised of approximately sixty (60) former police officers from the City
of Elmira, and surrounding agencies. As such the members have over 1,500
years of combined law enforcement experience. The membership of the
Association have asked that this letter be sent and approved the following
content.

The members of the EPDROA are very concerned about the passage of the
New York Secure Ammunition and Firearms Enforcement Act. After thoughtful
study, we find that there are a few commendable parts to the law. Allowing
pistol permit holders to opt out of having their names released pursuant to
a F.O.I.L. request, and tighter scrutiny of persons who are dangerously
mentally ill are steps in the right direction. Enhanced background checks
might also be good, as long as the pedigree information of the weapon is not
included.

The remainder of the SAFE Act however is seriously flawed. These serious
flaws are understandable in light of the hap-hazard and reckless manner in
which this legislation was hastily cobbled together. As officers who have
for years had to read, understand and enforce the laws of this State, it is
inconceivable that no one thought to include a law-enforcement exemption.
Additionally, officers cannot enter school grounds without becoming
criminals.

One of the most offensive aspects of the manner in which this assault on
our rights was accomplished was your use of a ‘message of necessity’. There
was no legitimate reason for this. You stooped to this parliamentary
slight-of-hand for the sole purpose of circumventing the three-day maturing
process. Many legislators had only twenty (20) minutes to read and try to
understand the fifty-six (56) sections of this bill. Having reviewed this
legislation, it is clear that no one could have read and comprehended the
bill and understood its many implications in such short time. Further, none
of the legislators had the opportunity to get input or feedback from their
constituents, or other stakeholders. Even members of law enforcement were
not consulted. This is one of the most basic tenets of a representative
democracy. This entire process was one of deception, secrecy, withholding of
information and exclusion of the public. These are the actions of a banana
republic dictator, not the Governor of New York State. Your actions may have
been illegal, and were certainly unethical. We the members of the EPDROA
denounce this behavior in the harshest manner.

The SAFE Act is nothing more than a thinly veiled attempt to regulate
lawful gun ownership out of existence. We note with serious concern that you
have previously stated that outright confiscation of weapons was a
possibility. Therefore we completely understand the fear that the citizens
of New York State have when told that they will have to register their
weapons. As any student of history knows, registration always precedes
confiscation. There is now a well-advertised resistance movement to oppose
this law. The citizens of the state of New York are saying NO! As citizens
begin to distrust their law enforcement officers, there will be ever
increasing confrontations, needless confrontations. There will be no
winners.

The simple fact is that restricting the rights of law abiding gun owners
will do nothing to stem the gun violence that we now face. The $35 million
that you wish to spend on this unconstitutional law will be a complete
waste, just as the $44 million was for the Combined Ballistic Identification
System.

Not only are the gun rights of every citizen of New York State
guaranteed by the Second Amendment to the U.S. Constitution, they are also
codified in the New York Civil Rights Law, Article 2, §4. Governor Cuomo, if
someone opposed the rights of a black person to exercise the civil right to
vote, they would be called a racist bigot. If someone opposed the rights of
a Jewish person, to exercise the civil right to attend their Synagogue, they
would be an anti-Semitic bigot. If someone opposed the civil right of a
woman to attend a college that she was otherwise qualified for, they would
be called a sexist bigot. In light of your attack on our gun liberties, why
should we not refer to you as a liberty bigot?

We, the members of the EPDROA are well acquainted with all kinds of
violence. We are the ones who have had to stop the bleeding of wounded
victims before the EMT’s arrive. We are the ones who have chased armed
criminals through back yards in the dark of night. We are the ones who have
seen the puddles of blood, and yes sometimes it has been our own blood. We
are the ones who have had to notify the next-of-kin in many types of
tragedies. Yes, we are well acquainted with violence, and we don’t like it.
However, every one of us understands that crime and violence comes from the
human heart, not an inanimate object.

In closing the membership of the EPDROA perceives that you used the
events at Sandy Hook Elementary and Webster New York as an excuse to
sledgehammer this unconstitutional, unethical, and mistake laden law through
the Legislature in the middle of the night. We believe that you have
violated your oath of office. It is appalling to think that you would
capitalize on the deaths of children, and savage the constitutional and
civil rights of the citizens of New York State.

Yours truly,

Christopher F. Kamas Thomas P. Breitung
President Vice President

James E. Wandell Patrick J. Pariso
Secretary Treasurer

cc: Elmira Police Benevolent Association
Chemung County Executive
Chemung County Legislature Representatives
Congressman Tom Reed
Senator Thomas F. O’Mara
Assemblyman Christopher S. Friend

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Schuyler County resolution opposing NY SAFE act

Posted on February 22, 2013 by | 6 comments

Below is the resolution presented to the County Legislature

RE: RESOLUTION OPPOSING THE NEW YORK SECURE AMMUNITION AND FIREARMS ENFORCEMENT ACT OF 2013

WHEREAS, this Legislative Body has long advocated for the protection of the rights afforded our 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

WHEREAS, members of the Schuyler County Legislature, being elected to represent the people of Schuyler County, 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 lawful ownership of firearms is a recreational benefit to our residents through hunting and target shooting, along with an economic and environmental benefit to our region with several locally owned and operated gun/sporting businesses; and

WHEREAS, the New York State Secure Ammunition and Firearms Enforcement Act of 2013 which was rushed to passage by the New York State Senate, Assembly and Governor, will have a detrimental effect on hunters, sportsmen and legal gun owners, creating a hostile environment both for them and for the sale and manufacture of legal firearms;

WHEREAS, the legislation prohibits the sale of firearm magazines with a capacity larger than seven (7) rounds and, those firearm magazines with a capacity larger than seven (7) rounds, which are authorized to be retained by existing owners, may only be loaded with seven (7) rounds and eventually must be permanently altered to only accept seven (7) rounds or be disposed of; and

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

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

WHEREAS, the 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 Schuyler County Legislature finds encouraging, such as the strengthening of Kendra’s Law and Marks’s Law, as well as privacy protections for lawful permit holders, we find the legislation fails to offer little meaningful solutions to gun violence and places undo burdens where they don’t belong, squarely on the backs of law abiding citizens; and

WHEREAS, there are many parts of this legislation that place an unfunded mandate on the local Sheriff Departments, County Clerks Office and County Judges, while tax payers are crying out relief; and

WHEREAS, there will be significant financial impact due to the approximately 3300 Schuyler County pistol permits that will have to be renewed requiring additional manpower and computer systems; and

WHEREAS, requiring law-abiding gun owners to verify ownership of certain types of firearms every five years, in addition to registering them on 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, this legislation effectively treats countless New York State law abiding gun owners as criminals; and

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

WHEREAS, the manner in which this legislation was brought forward for vote in the State Legislature is deeply disturbing to the Schuyler County Legislature;

NOW, THEREFORE BE IT RESOLVED, that the Schuyler County Legislature does hereby oppose the enactment of the New York State Secure Ammunition and Firearms Enforcement Act of 2013 because it fundamentally alters or abridges the right to keep and bear arms without addressing the problems of gun violence; and, be it further

RESOLVED, that this Legislature hereby calls upon the New York State Legislature and Governor to set aside and annul this ill conceived and poorly drafted statute which abridges the rights of law abiding citizens of the State of New York; and further be it

RESOLVED, that the Schuyler County Legislature opposes any effort by the New York State Legislature to bundle together stricter gun control efforts with legislation that would exempt the records pertaining to handgun permit holders from disclosure under NYS Freedom of Information Law; and further be it

RESOLVED, that certified copies of this Resolution be forwarded to the Governor of the State of New York, Senator Thomas O’Mara, Assemblyman Philip Palmesano and the New York State Association of Counties.

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Erie County resolution opposing NY SAFE act

Posted on February 21, 2013 by | 7 comments

Passed 7-4 February 21st

Erie County Opposing NY SAFE Act by Evan Hempel

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Village of Otisville resolution opposing the NY SAFE act

Posted on February 21, 2013 by | Leave a comment

Village of Otisville by Evan Hempel

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Town of Seneca resolution opposing NY SAFE Act

Posted on February 20, 2013 by | Leave a comment

RESOLUTION NO. 35-13

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

WHEREAS, The right to bear arms is guaranteed by the Second Amendment of the U.S. Constitution, as well as the Civil Rights Law of the State of New York; and

WHEREAS, Our oath of office is unambiguous; “”I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the State of New York, and that I will faithfully discharge the duties of the office of …………, according to the best of my ability;”; and

WHEREAS, The New York State Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013 was rushed to passage by the New York Senate, Assembly and Governor, is contrary to the Second Amendment of the United States Constitution and will have a detrimental effect on hunters, sportsmen and legal gun owners acting on their right of self defense; and

WHEREAS, The SAFE Act of 2013 contains a few positive measures in pursuit of enhanced gun safety, notably;

  1. The law makes killing emergency first responders an aggravated or first degree murder offense requiring life without parole.
  2. The law requires a comprehensive review of mental health records before firearms permits are granted and review of records to determine if revocation of permits is required.
  3. The law provides that guns must be safely stored if the owner lives with someone who has been convicted of a felony or domestic violence crime, has been involuntarily committed, or is currently under an order of protection.
  4. The law adds several increased sanctions for violation of New York gun laws and creates new gun crimes which did not previously exist; and

WHEREAS, This legislation imposes far more burdensome regulations upon law abiding gun owners; notably;

  1. The law’s definition of assault weapons is too broad, and prevents the possession of many weapons that are legitimately used for hunting, target shooting and self defense.
  2. The law enacts reductions in the maximum capacity of gun magazines which unfairly limits the design capabilities of guns purchased legally for over a century, strikes only at law-abiding citizens and will not make New Yorkers safer.
  3. The law requires a five year recertification of pistol permits and registration of existing assault weapons which is an unfair impediment contrary to the Second Amendment, strikes only at law-abiding citizens and will not make New Yorkers safer.
  4. The new law imposes several new provisions regarding how, and from whom, ammunition can be lawfully purchased which is an unfair impediment contrary to the Second Amendment, strikes only at law-abiding citizens and will not make New Yorkers safer; and

WHEREAS, This legislation creates an environment in the state hostile to gun manufacturers and gun ownership; now therefore be it

RESOLVED, That the Seneca Town Board opposes the enactment of the New York State Ammunition and Firearms Enforcement Act of 2013 because it fundamentally alters and minimizes the right to keep and bear arms while minimally addressing the problems of gun violence; and

RESOLVED, That the Seneca Town Board calls upon the New York State Legislature and Governor to rescind the New York State Secure Ammunition and Firearms Enforcement Act of 2013; and

RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Governor of the State of New York, Senator Michael Nozzolio and Assembly Minority Leader Brian Kolb.

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Village of Blasdell resolution opposing the NY SAFE act

Posted on February 20, 2013 by | 1 comment

Resolved by Trustee McDonald, seconded by Trustee King to adopt the following resolution:

WHEREAS, on Monday, January 14, 2013 the rights under the Second Amendment of our Constitution was infringed on without due process, and

WHEREAS, the Gun Control Bill (S.2230) known as NY SAFE Act was rushed through the Senate and Assembly without one single public hearing or input form the various Law Enforcement Agencies located around our State, and

WHEREAS, even the State lawmakers did not have time to review the bill as presented leaving questions about implementation and regulation of this new law, and

WHEREAS, this law should focus on increasing penalties for criminals who use firearms to harm and threaten law abiding citizens and address the issues of mental illness related to violence, and

WHEREAS, the Village of Blasdell Board of Trustees realizes that NY SAFE Act, gun control law must be repealed and replace the restrictive parts of the enacted law,

NOW, THEREFORE BE IT RESOLVED, that the Village of Blasdell Board of Trustees urgently asks Governor Cuomo and the Legislative leaders to suspend this law as soon as possible and to look at all aspects of gun control in a more logical manner, focusing on the real issues related to gun control – a law that will strengthen the effect on public safety and not infringe on our constitutional rights.

~ Carried 4 – 1 Mayor Petrie, Trustee McDonald, Trustee Hefner, Trustee King – Yes Trustee Chandler – No

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Dutchess County Deputy Sheriffs PBA statement on NY SAFE act

Posted on February 20, 2013 by | 4 comments

The Dutchess County DSPBA position in regards to the NYS SAFEACT.

The Honorable Andrew M. Cuomo
Governor of New York State
NYS State Capitol Building
Albany, NY 12224

The Honorable Terry Gipson
New York State Senator, 41st District
Legislative Office Building, Room 617
Albany, NY 12247

Dear Governor Cuomo and Senator Gipson

This letter is in regards to the Dutchess County Deputy Sheriffs Police Benevolent Association’s opposition to the New York State SAFEACT.

It is a great concern of our association how this bill was hastily passed into law without public involvement in the legislative process, which is the norm for any other body of legislation within the State of New York. The actions of all involved elected officials with this bill ignore the principles our founding fathers fought for in the establishment of this great nation. Furthermore, these actions erode the public’s trust in our elected officials and leave its constituents with a law that has numerous technical flaws.

It is not the decision of government to decide on how the citizens of a free and democratic society shall defend themselves. This law further hinders law abiding citizens who have the right, established by our creator to bear arms, from defending themselves and will create a new layer of criminal offenders. In common terms, this law will not deter crime since criminals -as for their definition- do not follow the law.

The Dutchess County Deputy Sheriffs PBA will work in conjunction with any and all other NYS Law Enforcement Police Benevolent Associations to see that this law is repealed. As an association, we will only support elected officials who have opposed this legislation and who further promote individual democratic rights.

Sincerely,

Kenneth J. Powers
President – DCDSPBA

Source

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