Resolution Opposing the use of the Montgomery County Seal and Name in any State Material Associated with Pistol Permit Recertification or Implementation of the “SAFE ACT” of 2013

RESOLUTION NO. 50 of 2014DATED: February 25, 2014

RESOLUTION OPPOSING THE USE OF THE MONTGOMERY COUNTY SEAL AND NAME IN ANY STATE MATERIAL ASSOCIATED WITH PISTOL PERMIT RECERTIFICATION OR IMPLEMENTATION OF THE “SAFE ACT” OF 2013


Resolution by Legislator:   Wheeler
Seconded by: Isabel

WHEREAS, the State of New York has passed a gun control law referred to as the SAFE Act, and,

WHEREAS, this act clearly indicates that the enforcement of this law is the responsibility of New York State, and,

WHEREAS, in discussions the state has indicated an interest in using the Montgomery County Seal and the names of the offices of the Montgomery County Sheriff and Montgomery County Clerk in pistol permit recertification notices,

RESOLVED, that the Montgomery County Legislature denies the State of New York permission to use its name, Seal of the County, letterhead or address for purposed of correspondence with legal and registered gun owners regarding permit recertification or for any other purpose associated with the SAFE Act,

FURTHER RESOLVED,  that certified copies of this resolution shall be forwarded to Governor Andrew M. Cuomo, Senator Cecilia Tkaczyk and Assemblyman Angelo Santabarbara, the Superintendent of the State Police, and the legislature of every County in the State of New York.
RESOLUTION VOTE, passed with Aye(7).  Legislator Duchessi voted Nay.  Legislator Dimond was absent.   (2/25/2014)

FOIL request to Governor Cuomo

Lets have fun with the Freedom of Information Law (FOIL)! Almost every resolution directs that a copy be sent to Governor Cuomo. Those copies are FOILable information. Lets order Governor Cuomo (his office really) to send you a list of all counties, municipalities, and other bodies which have opposed the law and copied the Governor on their opposition!  (There are probably some resolutions we don’t know about yet.)

Best of all, this process is very simple and will take up little time, just a simple email. If you don’t get a response within 5 days then the governor is breaking the law. More information on FOIL here: http://www.dos.ny.gov/coog/freedomfaq.html

Ok, lets go, send an email to [email protected]
Subject: FOIL Request
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I am looking for information on resolutions which have been passed and sent to Governor Cuomo. Please send lists of the following categories:

1. all counties which have sent a copy of a resolution or other statement regarding the SAFE act or second amendment or gun rights
2. all cities which have sent a copy of a resolution or other statement regarding the SAFE act or second amendment or gun rights
3. all towns which have sent a copy of a resolution or other statement regarding the SAFE act or second amendment or gun rights
4. all villages which have sent a copy of a resolution or other statement regarding the SAFE act or second amendment or gun rights
5. all law enforcement groups which have sent a copy of a resolution or other statement regarding the SAFE act or second amendment or gun rights
6. all other governmental bodies which have sent a copy of a resolution or other statement regarding the SAFE act or second amendment or gun rights
7. all counties which have sent a copy of a resolution or other statement regarding use of their county seal, letterhead, or other identifying information
8. all records, correspondence, and reports in any form containing information related to actions under the Mental Hygine Law section 9.46.

In each of these lists, provide the name of the entity and whether the resolution or statement was in favor of the SAFE act, in opposition, or neutral.

Please return the results electronically and without charge per FOIL law.

Thank you
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Send that email, then wait. If you do not receive a reply after 5 complete business days, send a follow up email saying that they are now not in compliance with the Freedom of Information Law.

We did this last year with great results:

I urge you to get familiar with FOIL and use it as a tool when needed to get information from government at every level in New York State.

Franklin County Legislature Unanimously Pass Resolution Barring NYS From Using Seal

Email from County Clerk:

With my urging the Franklin County Legislators unanimously passed a resolution yesterday prohibiting the state from using the Franklin County Seal.

Kip Cassavaw
Franklin County Clerk
355 West Main Street, Suite 248
PO Box 70
Malone, NY 12953
518-481-1684 ph
518-483-9143 fx

St. Lawrence County reaches agreement on SAFE Act opposition

St. Lawrence County legislators reached a bipartisan agreement Tuesday opposing the use of the county seal on pistol permit recertifications and other paperwork related to the New York SAFE Act and calling for the repeal of the law.

Use of the county’s logo implies that the county agrees with the SAFE Act but most of its residents do not, Legislator Alex A. MacKinnon, R-Fowler, said.

“I don’t know if we’re ever going to get it repealed because New York City likes it,” he said.

Mr. Lightfoot welcomed an amendment to his resolution from Mr. Burns requesting the repeal of the SAFE Act in its entirety, a stance that the majority of legislators had shied away from before.

Read more…

No seal of approval for SAFE Act in Washington County

To show a form of protest against the state’s strict gun law, Washington County lawmakers adopted a provision preventing state police from using their county seal on any paper work that deals with the SAFE Act. Washington County’s decision means they join several other upstate counties–including Warren County–who passed similar resolutions.

It was a close verbal vote, Friday, in Washington County,  however because the board’s votes are weighted based on population the amendment passed.

Read more …

Greene County Seal resolution

Greene County Seal resolution

Warren County wants no part of Safe Act

Warren County supervisors don’t want county gun owners to think they had anything to do with the state’s controversial Safe Act gun laws.

County supervisors followed the lead of others around upstate New York who have requested that State Police not use county letterheads or seals when sending out paperwork to handgun owners to renew their pistol permits.

Handgun owners around the state will receive renewal forms in the coming months, as part of a Safe Act change requiring that permits be renewed every five years.

Those forms were supposed to show some sort of county letterhead or emblem such as the county seal of the county in which the permit holder lives, but when word was received by county officials, they began voicing opposition it.

Read more…

Board: NY can’t use Ontario County seal on SAFE Act material

The Ontario County Board of Supervisors acted unanimously Thursday night – after the single spirited discussion of the evening – to preclude New York State from using the Ontario County seal on any correspondence involving New York’s newest gun-control legislation, the SAFE Act.

“In recent discussions, the state has indicated an interest in using the Seal of Ontario County and the names of the offices of the Ontario County Sheriff and Ontario County Clerk in pistol permit recertification notices,” the resolution notes, adding that the sheriff and county clerk “have voiced their strong objection to this request and suggestion.”

Read more…

Livingston County wants no role in state’s SAFE Act mailings

The Livingston County Board of Supervisors approved a resolution Wednesday opposing the state’s use of the county seal on any correspondence related to the New York SAFE Act sent to pistol permit holders.

State Police last month began mailing pistol permit recertification letters to handgun owners. The letters are sent on stationary with the seal or letterhead of the county in which the pistol permit holder resides.

The resolution “denies the State of New York permission to use the name, letterhead, address, logo or seal of the County of Livingston, the Livingston County Sheriff and the Livingston County Clerk for purposes of correspondence with or notices to legal and registered gun owners regarding permit recertification or for any other purposes associated with the SAFE Act,” according to the resolution text.

Read more…

Orange County resolution opposing the use of the county seal

RESOLUTION OPPOSING THE USE OF THE OFFICIAL NAME, SEAL, LETTERHEAD AND AUTHORITY OF THE COUNTY OF ORANGE AND THE NAME AND LIKENESS OF COUNTY ELECTED OFFICIALS WITHOUT THE EXPRESSED WRITTEN CONSENT OF THE COUNTY OF ORANGE.

WHEREAS, Chapter 1 of the laws of 2013, known as the New York Secure Ammunition and Firearms Enforcement Act (“NY SAFE Act”) was signed into law by Governor Andrew M. Cuomo on January 15, 2013. The NY SAFE Act amends various provisions of New York Law in relation to firearms and ammunition; and

WHEREAS, the Orange County Legislature has vehemently opposed the NY SAFE Act, by Resolutions Nos. 50, 72 and 233 of 2013, (attached hereto and made a part hereof), given its impact on: (i) an individual’s right to keep and bear arms, (ii) the undue burdens the NY SAFE ACT places on local governments to implement its provisions, and (iii) the lack of state funding; and

WHEREAS, it has come to this Legislature’s attention that New York State agencies have expressed their intention to issue pistol permit “recertification” notices utilizing the seals of the respective counties of residence of pistol permit holders; and

WHEREAS, the New York Sate Association of County Clerks and many counties have gone on record opposing the New York State’s unauthorized use of their county seals and the name and likeness of county elected officials, without consent, for purposes of implementing the NY SAFE ACT; and

WHEREAS, Orange County Local Law No. 11 of 1999, entitled “A Local Law Regulating the Use of the Official Name, Seal and Authority of the County of Orange,” prohibits the use of any official county position, or title or the use of name, seal, flag, title, letterhead, symbols, property, facilities or resources of the government of the County of Orange for any private or “non-county purpose” or in connection with any private or non-county function, . . . ,” without prior authorization.

NOW THEREFORE, be it

RESOLVED, that the Orange County Legislature does hereby oppose the use of the Orange County official name, seal, letterhead and authority of the County of Orange and the name and likeness of county elected officials without the expressed written consent of the County of Orange; and be it further

RESOLVED, that the Clerk of the Orange County Legislature is hereby directed to send certified copies of this Resolution to the Honorable Andrew M. Cuomo, Governor of the State of New York, Senate Vice President Pro Team George D. Maziarz; Senate Temporary President Dean G. Skelos, Senate Deputy Majority Leader Thomas W. Libous, Senator Gregory R. Ball, Senator John J. Bonacic, Senator William J. Larkin, Member of the Assembly Aileen M. Gunther, Member of the Assembly James Skoufis, Member of the Assembly Claudia Tenney, Member of the Assembly Frank Skartados, Speaker of the Assembly Sheldon Silver, Assembly Majority Leader Joseph D. Morelle, Assembly Minority Leader Brian M. Kolb, and all others deemed necessary and proper.