Resolution against mandatory firearm liability insurance passed by Chemung County and the Town of Catlin

Posted on April 11, 2013 by | 3 comments

RESOLUTION NO. 13-211

Resolution opposing pending New York State legislation (Senate bill S2353 and Assembly bill A3908 of 2013) which amends the New York State Insurance Law to require owners of firearms to obtain liability insurance

By: Graubard
Seconded by: Brennan

WHEREAS, legislation has been introduced by New York State Assemblyman Felix Ortiz, that would amend the New York State Insurance Law requiring all owners of firearms to obtain not less than one million dollars in liability insurance; and

WHEREAS, such legislation infringes upon the Second Amendment rights of our residents to keep and bear arms; and

WHEREAS, said liability insurance would be to specifically cover any damages resulting from any negligent or willful act involving the use of a firearm;  and

WHEREAS, such legislation also states that failure to maintain such insurance shall result in the immediate revocation of such owner’s registration, license and any other privilege to own such firearm; and

WHEREAS, said liability insurance is not readily available, as insurance policies generally exclude damages from willful acts; and

WHEREAS, requiring law-abiding gun owners to obtain liability insurance is unnecessarily burdensome to the residents of New York State; now, therefore, be it

RESOLVED, that the Chemung County Legislature opposes any effort by the New York State Legislature to amend the New York State Insurance Law to require owners of firearms to obtain liability insurance; and, be it further

RESOLVED, that the Clerk of the Legislature is hereby authorized and directed to forward certified copies of this Resolution to the Governor Andrew Cuomo, Senator Thomas O’Mara, Assemblymen Felix Ortiz, Christopher Friend and Philip Palmesano, the New York State Association of Counties, and the Inter-County Association of Western New York.

Ayes: Pastrick, Manchester, Sweet, Brennan, Graubard, Hyland, Milliken, Woodard, Hitchcock, Bennett, Jackson, Milazzo, Strange, Draxler (Chair) (14); Excused: Madl (1); Opposed: None

Passed by Chemung County Legislature on April 8, 2013.

Same resolution passed unanimously by Catlin Town Board on April 11, 2013.

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Town of Catlin resolution opposing the NY SAFE act

Posted on April 11, 2013 by | 3 comments

On April 11th, the Town Board for the Town of Catlin in Chemung County unanimously adopted a strong resolution in opposition to the New York Safe Act. The Board also unanimously adopted another resolution, this one in opposition to legislation proposed by Assemblyman Felix Ortiz requiring firearms owners to carry liability insurance. This was the same resolution adopted by the full Chemung County Legislature on April 8th. The text of the resolution in opposition to the unSAFE Act follows:

RESOLUTION: Resolution opposed to infringement on the right of the people to keep and bear arms

By Town Board of Catlin, New York- Resolution opposed to infringement on the Right of the People to keep and bear arms
this (11th day of April 2013).

Resolved by: C. Edwards

Second by: Council member(s): D. Voorhees

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 Catlin, Chemung County, New York, and:

WHEREAS, the People of the Town of Catlin, Chemung County, New York, derive benefit from all safe forms of firearms recreation, hunting, and shooting conducted within Catlin using all types of firearms allowable under the United States Constitution and the Constitution of the State of New York, and;

WHEREAS, the Catlin Town Board, being elected to represent the People of Catlin 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 in the night, 6 hours after introduced, without any public notice or opportunity for comment by the citizens effected, by the New York Assembly and Senate infringes on the Right to Keep and Bear Arms and;

WHEREAS, the NY SAFE ACT bans the possession and use of firearms now employed by individual citizens of the Town of Catlin, for defense of Life, Liberty, Property, 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 Catlin, Chemung County, New York;

WHEREAS, the Catlin Town Board 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, 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 Catlin Town Board 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 these 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, Congressman Tom Reed, Senator Kirsten Gillibrand, Governor Andrew Cuomo, Lieutenant Gov. Robert Duffy, Senator Thomas O’Mara, Assemblyman Phillip Palmesano, Legislator John Pastrick, County Executive Tom Santulli.

VOTE:
Supervisor Edwards Yes
Council Member Silvernail Yes
Council Member Radford Yes
Council Member Voorhees Yes

ABSENT: Council Member Austin

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Town of Livingston resolution calling for repeal of the SAFE act

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Resolution#75

Motion to request law makers to repeal the safe act.

A motion was made by Councilman Leto seconded by Councilman Guzzi to request the Governor and Law makers to repeal the safe act.

                                                Vote 5 Aye 0 No

Passed unanimously

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Town of Berlin resolution opposing the NY SAFE act

Posted on April 11, 2013 by | 1 comment

RESOLUTION BY THE TOWN BOARD OF BERLIN AFFIRMING SUPPORT FOR THE SECOND AMENDMENTOF THE UNITED STATES CONSTITUTION AND OPPOSING ATTEMPTS TO INFRINGE ON THOSE RIGHTS

TOWN OF BERLIN, NEW YORK

WHEREAS, This Legislative Body 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

WHEREAS, The New York State Legislature has recently adopted legislation (NY SAFE Act) proposed by the Governor 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, As New York State already has some of the toughest 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 considering legislation or executive orders that would infringe on the Second Amendment; and

WHEREAS, This legislation will affect the rights of the many law-abiding gun owners in Berlin, Rensselaer 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 regulation Of those who are dangerously mentally ill and 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;and

WHEREAS, This Legislative Body 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 this Legislative Body 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 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 Assemblyman John McDonald.

Vote: Supervisor Jaeger YES
Councilwoman Cinney YES
Councilman Maxon YES
Councilman Winn YES
Councilman DeLeon YES

Motion Carried YES__5__ NO__0__

Dated: April 11,2013

Passed unanimously

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

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Passed unanimously April 11

Rensselaerville

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Town of Duanesburg resolution opposing the NY SAFE act

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Town of Duanesburg resolution passed unanimously April 11, 2013

Resolution No. 102-13

RESOLUTION AFFIRMING SUPPORT FOR THE SECOND AMENDMENT OF THE UNITED STATES CONSTITUTION AND CALLING FOR THE REPEAL OF THE NEW YORK SECURE AMMUNITION AND FIREARMS ENFORCEMENT (SAFE) ACT

WHEREAS, The Town Board of Duanesburg advocates for the protection of the rights afforded to citizens under the Constitution of the United States, which has for generations guided our Nation and served as a framework to our democracy and society; and

WHEREAS, each Town of Duanesburg Board Member has taken an oath to support the Constitution of the United States; 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, The New York State Legislature has recently adopted legislation (the NY SAFE Act) proposed by New York Governor Andrew 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, the Town of Duanesburg endorses and upholds Article III, Section 14 of the New York State Constitution which reads: “No bill shall be passed or become a law unless it shall have been printed and upon the desks of the members, in its final form, at least three calendar legislative days prior to its final passage, unless the governor, or the acting governor, shall have certified, under his or her hand and the seal of the state, the facts which in his or her opinion necessitate an immediate vote thereon”; and

WHEREAS, there was no urgency for the passage of the NY SAFE Act since most provisions do not come into effect for months, and the governor’s “Message of Necessity” was used as a pretext to shut out review and public comment of the bill before its passage; and

WHEREAS, As New York State already has some of the toughest gun legislation in the Country, including the Sullivan Act, and many people and groups, including some Legislators who initially supported the NY SAFE Act, have expressed concerns that the NY SAFE Act will not improve public safety in the state; and

WHEREAS, The NY SAFE Act will adversely affect the rights of the many law-abiding gun owners in the Town of Duanesburg who are granted the right to keep and bear arms under the Constitution of the United States; and

WHEREAS, The NY SAFE Act does not adequately consider acts of violence committed by those who are dangerously mentally ill or by criminals, many who are repeat offenders, and who are likely to ignore this legislation, and does not address the concerns of many residents of rural communities, such as the Town of Duanesburg, who possess firearms for the purpose of home or self-defense; and

WHEREAS, The Town Board of Duanesburg does hereby affirm support for the Second Amendment of the Constitution of the United States and the rights afforded to residents under the Constitution, and opposes attempts to infringe on those rights;

NOW, THEREFORE, BE IT

RESOLVED, That the Town Board of Duanesburg affirms support for the Second Amendment of the Constitution of the United States, and states opposition to the NY SAFE Act which restricts the rights of gun owners; and, be it further

RESOLVED, That the Clerk of the Town of Duanesburg is hereby directed to transmit certified copies of this resolution to United States Senator Charles Schumer, United States Senator Kirsten Gillibrand, United States Representative Paul Tonko, New York Governor Andrew Cuomo, New York State Senator Cecilia Tkaczyk, New York State Assemblyman Angelo Santabarbara and Schenectady County Legislature Chair Judy Dagostino.

Council Member Ganther – Aye
Council Member Potter – Aye
Council Member Leoni – Aye
Council Member Frisbee – Aye
Supervisor Merrihew – Aye

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Town of Kinderhook calls for SAFE act repeal

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The Kinderhook Town Board passed a resolution calling for the repeal of the NY SAFE Act at Monday night’s regular meeting. The resolution passed by a 4-0 vote with one abstention.

Town Councilman Glenn Smith abstained from the vote to take more time to review the SAFE Act, he said.

 

“I need to look at it more thoroughly before I can vote,” Smith said.

Town Supervisor Pat Grattan, along with Deputy Supervisor Patsy Leader and council members Deb Simonsmeier and Tim Ooms, voted for the resolution.

“I read the entire act; all 70 pages of it. The act is remiss in that it does not sufficiently penalize criminal activity,” Grattan said. “The solution isn’t to look at law abiding citizens but to look at criminals and to punish them with severe penalties. I think the focus of the act is misplaced.”

Read more…

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Town of Berne resolution opposing the NY SAFE act

Posted on April 10, 2013 by | 2 comments

RESOLUTION OF THE TOWN OF BERNE TOWN BOARD

WHEREAS, on January 15, 2013, the Governor of the State of New York signed the New York Secure Ammunition and Firearms Enforcement Act (“SAFE Act”) into law, just one day after it was first introduced in the Legislature, and

WHEREAS the Town Board of the Town of Berne seeks and considers public input as a standard process essential to the proper functioning of a democratic society; and

WHEREAS the Town Board of the Town of Berne believes that the Statement of Necessity allowing the precipitous passage of the SAFE Act cut off debate and full consideration of the act and its attendant consequences;

THEREFORE, BE IT RESOLVED by the duly convened Town Board of the Town of Berne that the Town Board urges the Legislature to hold public hearings on the SAFE Act to allow for public comment and consideration; and

BE IT FURTHER RESOLVED by the duly convened Town Board of the Town of Berne that the Town Clerk is hereby directed to send certified copies of this resolution to the Governor of the State of New York, the Speaker of the New York State Assembly, and the Temporary President of the New York State Senate, the Senator of the 46th Senate District and the Assemblyman of 36th Assembly District.

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Town of Brasher resolution calling for repeal of the SAFE act

Posted on April 10, 2013 by | 1 comment

RESOLUTION #13- 2013
TOWN OF BRASHER
Resolution in Support of the Second Amendment

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 Brasher, St. Lawrence County, New York and;

WHEREAS, the people of the Town of Brasher, St. Lawrence County, New York, derive economic benefit from all safe forms of firearms recreation, hunting, and shooting conducted within Brasher 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 Brasher Town Board being elected to represent the people of Brasher 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 in the night, 6 hours after being introduced, without any public notice or opportunity for comment by citizens effected, by New York State Assembly and Senate, and infringes on the Right to Keep and Bear Arms and;

WHEREAS, the NY SAFE ACT bans the possession and use of firearms now employed by individual citizens of the Town of Brasher for defense of Life, Liberty, Property and would ban possession and use of firearms now employed for safe forms of firearm recreation, hunting and shooting conducted within the Town of Brasher, St. Lawrence County, New York.

WHEREAS, the Town of Brasher Town Board 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, BE IT RESOLVED that the Town of Brasher Town Board 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. And Be It Further

RESOLVED, that the Town Board of the Town of Brasher does hereby propose the repeal of the NY SAFE ACT.

This resolution was moved by Councilman J. Keenan , seconded by Councilwoman M. Burns, for its adoption at the regular meeting of the Brasher Town Board which was held at the Municipal Building in Brasher Falls, NY on April 10, 2013 at 4:30 p.m. The question of the adoption of the foregoing resolution was duly put to a roll call vote with the following results:

Supervisor M. James Dawson – Aye
Councilman William Demo – Aye
Councilman John Keenan – Aye
Councilwoman Margaret Burns – Aye
Councilman Mark Peets – Aye

The resolution was thereupon declared duly adopted.

Dated: April 10, 2013 _______________________________
Ellen M. Fukes, Town Clerk

Passed unanimously

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Town of Lindley passes resolution against the SAFE act

Posted on April 10, 2013 by | Leave a comment
The Regular Town Board Meeting was held April 10th, 2013
at the Lindley Town Hall, 637 US 15 Lindley, New York 14858
Official Minutes held at Town Clerk’s Office
Town Board Members Present:
Jerry Simcoe – Town Supervisor
David Ballard – Boardmember
Pat Clark – Boardmember
Lloyd DeMun, II – Boardmember
Linda Salyerds – Boardmember

Meeting was called to order by Gerald Simcoe at 7:00 pm.

Resolution regarding SAFE Act:
Gerald Simcoe informed the Board that according to Rance Reynolds, Town Attorney, it is illegal for the Town to pass a law that is inconsistent with State Law.  The Town could endorse the Steuben County Resolution, or adopt it as their own.  Linda Salyerds made the motion to adopt the Steuben County Resolution as a Town of Lindley Resolution.  Dave Ballard seconded.  Roll – all in favor.
Resolution adopted

Megan Thistle, Town Clerk, will send a certified copy to all representatives listed on the Steuben County Resolution per Town Board approval.

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