Category Archives: Resolutions opposing

Putnam County resolution opposing NY SAFE act.

Posted on February 6, 2013 by | 7 comments

Download Putnam County Resolution #45 of 2013 and related Putnam County Resolution #46 of 2013.

Putnam County Resolution

Passed unanimously on February 6th.

PUTNAM COUNTY LEGISLATURE
Resolution #45
Introduced by Legislator: Richard T. Othmer, Jr. at a Regular Meeting held on February 6, 2013.
Seconded by Legislators: Sam Oliverio, Jr. and Dini LoBue.

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, 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

WHEREAS this legislation imposes burdensome new regulations upon law abiding gun owners and will curtail the rights of law abiding citizens of this State; and

WHEREAS this legislation, while denying the rights of law abiding citizens, fails to address the problem of acts of violence perpetrated by criminals and those who are dangerously mentally ill; and

WHEREAS, this legislation creates an environment in the state which is hostile to gun manufacture and ownership; and

WHEREAS, this legislation contemplates the creation of a new unfunded mandate requiring the Counties to absorb the cost of the initial and periodic recertification procedure; now therefore be it

RESOLVED, that the Putnam 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 be it further

RESOLVED, that in the meantime the Putnam County Legislature calls upon the New York State Legislature and Governor to remove any and all possible unfunded mandates created or that may be created by this legislation; and be it further

RESOLVED, that certified copies ot thls Resolution be forwarded to the Governor of the State of New York, Senator Greg Ball, Senator Terri Gipson, Assemblyman Stephen Katz, Assemblywoman Sandra Galef and the New York State Association of Counties and New York State Association of County Clerks.

BY POLL VOTE: ALL AYES. CARRIED UNANIMOUSLY.

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Town of Argyle resolution in opposition to NY SAFE act

Posted on February 6, 2013 by | 1 comment

Passed February 6

NYSAFE Resolution No 35 of 2013 by Evan Hempel

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New York State Association of Counties Resolution opposing the NY SAFE act

Posted on February 6, 2013 by | 3 comments

Source

2013 NYSAC Legislative Conference
NYSAC Board of Directors
Resolution #2

RESOLUTION CALLING ON GOVERNOR ANDREW M. CUOMO AND THE STATE LEGISLATURE TO AMEND CHAPTER 1 OF THE LAWS OF 2013, THE NY SAFE ACT, TO ADDRESS ISSUES RELATED TO COUNTY COSTS AND IMPLEMENTATION OF PROVISIONS RELATED TO MENTAL HEALTH, RECORD KEEPING, AND PUBLIC SAFETY

WHEREAS, Chapter 1 of the laws of 2013, known as the New York Secure Ammunition and Firearms Enforcement (NY SAFE) Act; and

WHEREAS, the lawful ownership of firearms is, and has been, a valued tradition in the United States, and the rights protected by the Second Amendment to the United States Constitution are exercised by many of our residents; 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, the expedited process in crafting the NY SAFE Act resulted in complex policy changes, many of which have been left up to interpretation; and

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

WHEREAS, this new law requires the local director of community services (county Commissioner of Mental Health) or his or her designee to receive reports from all mental health professionals who believe that their patient is likely to engage in conduct that would result in serious harm to self or others; and

WHEREAS, such local director of community services or designee must investigate each report to confirm the identity and professional status of such mental health practitioner, and to determine whether they agree with the practitioner’s assessment; and

WHEREAS, upon such agreement with a reporting mental health practitioner, the DCS or designee shall be required to file a report with the Division of Criminal Justice Services; and

WHEREAS, NYS Department of Health SPARCS hospitalization data indicate that over 210,000 psychiatric unit discharges occurred in the 2010 calendar year, which may now be reported to Directors of Community Services under the Mental Hygiene Law 9.46 standard; and
WHEREAS, the reporting of all or even a portion of such psychiatric admissions to DCSs annually would require county governments to increase staff and would significantly increase local costs; not including the numerous other cases that will be reported by mental health practitioners in non-hospital settings; and

WHEREAS, the requirement that county Directors of Community Services and their designees receive, investigate, and file reports pursuant to the new Mental Hygiene Law 9.46 would create an unfunded mandate and new costs for counties who do not have the infrastructure or funds to implement; and

WHEREAS, this provision of the bill will be effective on March 16, 2013; and

WHEREAS, according to the New York State Association of County Clerks, NY SAFE also creates new requirements regarding pistol permit recertification which has been assigned to the State Police but will involve increased processing requirements for County Clerks offices where local applications are currently processed; and

WHEREAS, according to the New York State Sheriffs Association, NY SAFE will also increase requirements for Sheriffs who process and investigate permit applications; and

WHEREAS, NY SAFE expressly states that no costs of this law shall be borne by local governments, however many county departments will experience increased workload due to the new requirements the law creates.

NOW, THEREFORE BE IT RESOLVED that the New York State Association of Counties strongly encourages members of the New York State Legislature to hold public hearings to address the impact of this new law and the issue of gun violence in a way that will produce meaningful results; and

BE IT FURTHER RESOLVED that NYSAC calls on the Legislature and Governor Andrew M. Cuomo to work with counties to amend Chapter 1 of the laws of 2013 in order to address the reporting process under the new Section 9.46 of Mental Hygiene Law and the permit recertification process under newly amended section 10B the of Penal Law.

BE IT FURTHER RESOLVED that copies of this resolutions shall be sent to Governor Cuomo, members of the State Legislature and all others deemed necessary and proper.

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Village of North Collins resolution opposing the NY SAFE Act

Posted on February 5, 2013 by | 2 comments

Motion by Trustee Brenda Bauer-Petrus, Seconded by Trustee Paul Carozzi to accept the Town of Brant Resolution on NY Safe Act

Village Of North Collins
Resolution to Amend the NY SAFE Act

WHEREAS, The Village of North Collins located in the South West Corner of Erie County in the State of New York objects to the infringement of the 2nd Amendment of the Constitution of the United States of America by the governing body of New York State , and

WHEREAS, On Monday January 14th, 2013 the rights under the second Amendment of our Constitution was infringed upon without due process, and

WHERAS, The Gun control Bill (S.2230) known as NY SAFE Act was rushed through the Senate & Assembly without a single Public hearing or input from the various Law enforcement agency 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 residents of the Village of North Collins realize that the NY SAFE Act, gun control law must be repealed and must replace the restrictive parts of the enacted law, and

NOW THEREFORE BE IT RESOLVED, that The Village Board of the Village Of North Collins urgently asks Governor Andrew M. Cuomo & the Legislative leaders to suspend this law as soon as possible and to look at all the aspects of Gun control using the proper legal procedure to bring about a law that will address gun control in a more logical manner, focusing on the real issue related to gun control‐ a law that will strengthen the effect on public safety and not infringe upon our constitutional rights.

RESOLVED, that a certified copy of this resolution be forwarded to: Honorable Governor Andrew M. Cuomo, Senator Gallivan, and the Legislator John Mills

Carried.

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Town of Thompson passes resolution In Support of 2nd Amendment

Posted on February 5, 2013 by | 1 comment

Passed February 5th

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Lewis County Resolution opposing NY SAFE act

Posted on February 5, 2013 by | 3 comments

This resolution was passed February 5th

Lewis County February 05 Minutes by Evan Hempel

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Shandaken Town Board resolution opposing NY SAFE

Posted on February 5, 2013 by | 3 comments

Shandaken Town Board meeting agenda, 2/4/2013 by Watershed Post

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Erie County Sheriff’s Police Benevolent Association statement

Posted on February 4, 2013 by | 2 comments

The Erie County Sheriff’s PBA is the organization that represents the men and women of the Erie County Sheriff’s Police Services Division. All are sworn Deputy Sheriff’s and certified New York State police officers engaged in criminal law enforcement throughout Erie County. All have taken an oath… to uphold the Constitution of the United States. Our membership, like many citizens of New York are outraged at Governor Cuomo’s unprecedented attack on our second amendment rights. Since 1977 three Erie County Sheriff’s Deputies have been murdered and three wounded by gunfire in the line of duty. In addition two deputies have been forced to use deadly force to defend themselves from lethal attack by criminals. There is a widespread misconception that law enforcement officers favor additional restrictions on firearms ownership by law abiding citizens. Nothing could be further from the truth. Rank and file police officers see every day the aftermath of violent criminal attacks on defenseless victims. The uniformed police officers paraded out as window dressing during the signing of these laws are simply lap dogs seeking to further their own political ambitions. The right of self-defense is an inherent right bestowed upon us by our creator. It is not granted to us by elitist politicians like Andrew Cuomo and Sheldon Silver to be denied when they see fit. Do not be misled; the second amendment is not about hunting or target shooting. It is about the right of law abiding citizens to defend themselves and is the last line of defense against an over reaching and tyrannical government. The NYS Safe Act was rammed through the legislature by Cuomo ignoring the usual three day requirement for elected representatives to be able to review the legislation and receive feedback from their constituents. It is nothing more than a tool used by Cuomo to further his personal political ambitions. This law will do nothing to reduce violent crime, as it is painfully clear that those intent on victimizing others will ignore its provisions. It will simply create more victims. It is time for all New Yorkers to wake up. We must confront the societal breakdowns which cause the type of horrific mass shootings incidents we have recently seen, many of which are directly caused by the very policies that politicians like Cuomo seek to advance. On January 24, 2013 the Erie County Sheriff’s PBA unanimously passed a resolution of non-support for the NYS Safe Act. We will work tirelessly to see this law overturned. We commend and will support those elected officials with the courage to oppose this misguided law and condemn those that did not. We are citizens first and police officers second. We do not pick and choose which amendments of the United States Constitutions we will uphold. Politicians who swear an oath to uphold the constitution should do the same.

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Steuben County Deputies Association statement on NY SAFE act

Posted on January 31, 2013 by | 1 comment

Steuben County Deputy Sheriffs Association

Steuben County Deputies Association NY SAFE Statement by Evan Hempel

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New York State Association of County Clerks 2013 Position Statement

Posted on January 31, 2013 by | 5 comments

*** This is weak opposition to just the unfunded mandates ***

County Clerks Position Statement 1-13

The New York State Association of County Clerks (NYSACC) has represented all 62 elected or appointed County Clerks within the State for over 75 years. Many County Clerks are responsible for filing pistol or revolver license records. The recent New York State gun legislation, and proposed chapter amendments, has potential impacts to the County Clerk’s role when administrating the filing of pistol or revolver license records. NYSACC believes the following requests are necessary to follow for the safety and wellbeing of our residents:

  1. NYSACC opposes any effort to make the county government responsible for now statutory five year recertification process. Any shift of this responsibility from the State Police to the county government would amount to an unfunded mandate on county taxpayers.
  2. NYSACC opposes any effort to shift responsibility to county government regarding the rifle registry that is detailed in the Governor’s SAFE act. Such a change would amount to an unfunded mandate on county taxpayers.
  3. NYSACC opposes the imposition of any fees on New York State gun owners to finance the new provisions of the SAFE act.
  4. Any costs associated with the implementation of the SAFE act must be borne by the State, not the local counties.
  5. County Clerks support the continuation of the Pistol Permit Application, Amendments and files should be maintained at the county level.
  6. County Clerks stress the importance of communication and transferring of information between the County Clerks, the State Police, NYS Mental Health and OCA.
  7. Recognizing the fluid and quick changing nature of potential legislation on gun control, the Executive Officers of NYSACC are hereby authorized to issue a letter of opposition for any bill that attempts to enact the above mention actions. This authority shall expire on December 31, 2013.

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