Tag Archives: Passed

Town of Clarence resolution calling for repeal of the NY SAFE Act

March 13, 2013 Resolution to Amend the NY Safe Act

Motion By: Bernard Kolber, Councilman

Motion to adopt the following resolution:

WHEREAS, The Clarence Town Board is the representative government of the Town of Clarence residents; and

WHEREAS, the Town of Clarence has a population of 30,673 people; and

WHEREAS, on Monday January 14th, 2013, the rights of the people of the State of New York under the second Amendment of the Constitution of the United States were intentionally and egregiously violated; and

WHEREAS, The Gun Control Bill (S.2230) known as the NY SAFE Act was rushed through the New York State Senate and the New York State Assembly without any public hearings or input from law enforcement agencies; and

WHEREAS, New York State lawmakers did not have an opportunity to review such legislation; and

WHEREAS, the aforesaid law does nothing to enhance safety and infringes on the legal rights of law abiding citizens.

NOW THEREFORE BE IT

RESOLVED, that the Town Board of the Town of Clarence goes on record and demands that the Governor of the State of New York, the New York State Senate and the New York State Assembly take immediate action to rescind, repeal and re-write the aforementioned law; and be it further

RESOLVED, that the Town Clerk be directed to forward copies of this resolution to Andrew M. Cuomo, Governor of the State of New York, the New York State Senate, the New York State Assembly and to all other town governments in Erie and Niagara Counties.

 

David C. Hartzell, Supervisor

Bernard Kolber, Councilman

Patrick Casilio, Councilman

Peter DiCostanzo, Councilman

Robert A. Geiger, Councilman

Town of Franklin resolution opposing the NY SAFE Act

Resolution in Support of the Second Amendment and in Opposition to the Process Utilized to Enact the NY-SAFE Act and Portions Thereof

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 Franklin, Franklin County New York, and:

WHEREAS, the People of the Town of Franklin, Franklin County, New York, derive economic benefit from all safe forms of firearms recreation, hunting, and shooting conducted within Franklin and surrounding areas, using all types of firearms allowable under the Constitution and Laws of the State of New York as well as the Constitution and Laws of the United States, and;

WHEREAS, the Franklin Town Board, has been elected to represent the People of Franklin and have taken an Oath 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, and Governor of New York State have been elected by the People of the State of New York and have sworn an Oath to uphold the Constitutions and Laws of the United States and the State of New York, and;

WHEREAS, legislation passed by the New York Assembly and Senate and signed into law by Governor Cuomo bans the possession and use of firearms commonly in possession and now employed by individual citizens of the Town of Franklin, for defense of Life, Liberty and Property and all other lawful activity 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 Franklin, Franklin County, New York, and;

WHEREAS, the definition of Assault Weapons as pertained in the NY SAFE ACT of 2013 is opinionated and without merit,

WHEREAS, the legislation was passed in such haste without opportunity for the public or even members of the Legislature voting on it to truly understand its implications, and;

WHEREAS, the Franklin Town Board believes there are many other less intrusive means available that would effectively control, manage, and reduce violence in our society, other than rash, confusing, and inarticulately drafted firearms laws. These might include, but are not limited to, mental health reforms, anti-bullying programs for schools, programs for improving the security of both our school buildings as well as overall security, 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 Franklin Town Board does hereby oppose the process utilized in the enactment of the law commonly called the NY-SAFE Act and the body of the law thereof for the following reasons:

  • The law was enacted without any time for public review and comment and was negotiated entirely behind closed doors;
  • The law identifies and bans a group of weapons based solely on cosmetic properties, but which actually are semi-automatic and function on the same 100 year old technology as any other modern sporting rifle:
  • The law bans lawfully acquired personal property without any evidence that such a ban would actually serve to make our society safer;
  • The law arbitrarily chooses the number of rounds permitted to be loaded in a magazine without any recognition that such magazines are often not even manufactured for the relevant weapons and would only serve to further limit a person’s right and ability to defend Life and Liberty;
  • The law actually places law enforcement at a disadvantage, making our streets less safe;
  • The law criminalizes inadvertent errors by persons who lawfully purchased magazines and load it with too many rounds;
  • The law requires a background check on those who simply purchase ammunition for target practice or hunting;
  • The law requires mandatory “recertification” of pistol licensees without specifying as to the cost and specific requirements for such “recertification”; be it further

RESOLVED, that the Franklin Town Board hereby re-affirms its support of and for the 2nd Amendment to the United States Constitution; and be it further

RESOLVED, that the Franklin Town Board affirms its support for the resolution as passed by the Franklin County Board of Legislators on March 7th, 2013; be it further

RESOLVED, that a copy of this resolution shall be transmitted electronically and via Certified Mail to: Senator Charles Schumer, Senator Kirsten Gillibrand, Congressman William Owens, Governor Andrew Cuomo, Senator Elizabeth Little, Assemblywoman Janet Duprey, NYS Assembly Leader Sheldon Silver, NYS State Senate Leader Dean Skelos, and the Association of Towns.

Town of Watson resolution calling for the repeal of the NY SAFE Act

By a unanimous vote, the Town of Watson, Lewis County, New York passed a resolution opposing the SAFE act at their regular meeting on March 13, 2013.

Be it resolved that the Town Board of the Town of Watson does hereby oppose, and request the repeal of any legislation, including the sections within the New York State SAFE ACT (chapter 1 of the laws of 2013) which infringe on the right of the people to keep and bear arms as is guaranteed by the Second Amendment of the Constitution of The United States.

Clinton County Resolution calling for Repeal

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Town of Ogden resolution on the SAFE act

Resolution #113-3/13

WHEREAS, the New York State Legislature has passed the “New York Safe Act” statute, which statute was hastily drawn and quickly adopted by New York State; and

WHEREAS, a more thoughtful review of the act, as presently adopted, discloses various inconsistencies, omissions and irregularities, as well as provisions which are either incapable of clear definition or application, both by those who are opposed to the act and those who are in favor of it, in whole or in part; and

WHEREAS, the Town Board of the Town of Ogden wishes to go on record with respect to the New York Safe Act and its present provisions, so as to encourage the New York State Legislature to address all of the above issues with respect to the act as it is presently enacted and to encourage amendment and revisions to such act to address the legitimate concerns of all citizens of the State who are interested in the subject matter of the act.

NOW, THEREFORE BE IT RESOLVED by the Town Board of the Town of Ogden, Monroe County, New York, as follows:

SECTION I: By the adoption of this resolution, the Town Board of the Town of Ogden does hereby encourage and support the representatives of the Town of Ogden in the New York Legislature to address all of the outstanding and unresolved issues as set forth above and to amend or revise or otherwise act upon the New York Safe Act in such a manner so as to resolve the same in the best interest of the constituents which they serve.

 

Town of Schaghticoke resolution opposing the NY SAFE act

RESOLUTION AFFIRMING SUPPORT FOR THE SECOND AMENDMENT OF THE UNITED STATES CONSTITUTION

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 Town Board of the Town of Schaghticoke advocates for protection of the rights afforded to citizens under the Constitution; 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 will affect the rights of the many law-abiding gun owners in the Town of Schaghticoke and New York State who are granted the right to keep and bear arms under the Constitution; and

WHEREAS, the Town of Schaghticoke Town Board believes there are many other less intrusive means available other than inarticulately drafted firearms laws that would effectively control, manage and reduce violence in our society, such as, mental health reforms, enforcement of existing firearm 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 Board of the Town of Schaghticoke 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,

BE IT FURTHER RESOLVED that a copy of this resolution be sent to Governor Andrew Cuomo, Senator Kathy Marchione and Assemblyman Steven McLaughlin.

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

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Town of Steuben, NY Resolution Opposing NY SAFE

RESOLUTION Re: NY SAFE ACT OF 2013

Introduced by the Steuben Town Planning Board and unanimously approved and passed by the Steuben Town Board on March 13, 2013.

WHEREAS the Town of Steuben, being a peaceful, lawful town with a proud history of the founding of this nation and the founding fathers of this country as well as the home to and the final resting place of Friedrich Wilhelm August Heinrich Ferdinand von Steuben, who served as inspector general and Major General of the Continental Army during the American Revolutionary War and as General George Washington’s chief of staff in the final years of the war.

WHEREAS, the New York State Legislature recently enacted and Governor Andrew Cuomo signed into law the New York State Secure Ammunition and Firearms Enforcement Act of 2013 (NY SAFE ACT) and

WHEREAS, the Governor Andrew Cuomo enacted said law swiftly and without regard of the concerns or opinions of the Citizens of NY State and

WHEREAS, the haste of our State Legislature and Governor passing this Law has resulted in a Law which is flawed and affects our State and local Law enforcement officers in performing their duties and

WHEREAS, the NY SAFE ACT is in direct contradiction of our rights under the Second Amendment of the Constitution of the United States of America and limits the rights of the Citizens of NY State to protect themselves as allowed under this Constitution from this very type of tyranny and

WHEREAS, the definition of Assault Weapons as pertained in the NY SAFE ACT of 2013 is opinionated and without merit and

WHEREAS, the Statistical history of murders committed in NY State show this Law would have little or no effect on saving lives and

WHEREAS, this Law affects the rights of thousands of Honest Law Abiding Citizens that own and use the Firearms that this Law would make illegal and cause for mandatory registration of Firearms and or Magazines that have been used for many years by the citizens of NY State without incident and in fact be punishing these Law Abiding Citizens for fear of the actions of a few and

WHEREAS the Town of Steuben is a rural town and retail ammunition is not generally available, the extreme, unnecessary and uncommon measures to control the sale of ammunition, especially common and widely available internet sales, will cause great hardship and costs to our residents and community who pursue trap shooting, formal and informal target shooting and hunting.

WHEREAS, this law will have no effect on the Criminally Insane or the people of this State or elsewhere that wish to do harm onto others with the use of a Firearm as a weapon as there is no regard for Laws, Regulations, or Loss of Life now when a Crime is committed with a unlawful Firearm.

SO BE IT RESOLVED that the Town of Steuben Town Board respectfully submit to the Governor of the State of New York Andrew Cuomo to repeal the New York Secure Ammunition and Firearms Enforcement Act of 2013 (NY SAFE ACT) and

BE IT FURTHER RESOLVED that a copy of this Resolution be sent to our Oneida County Executive Anthony Picente, Oneida County Legislator Les Porter, Oneida County Sheriff Robert Maciol, NY State Senator Joseph Griffo, Assemblyman Marc Butler, US Senator Charles Schumer, US Senator Kirsten Gillibrand, and NYS Assembly Leader Sheldon Silver, and Minority Leader Brian Kolb, NYS State Senate Leaders Dean Skelos and Jeffrey Kline and Congressman Richard Hanna and the NY Association of Towns.

APPROVED by a unanimous vote of the Steuben Town Board at a regular scheduled meeting conducted on the 13th day of March in the year two thousand and thirteen.

The vote of the Steuben Town Board was as follows: Councilman Ronald Rotach-yes; Councilman Gordon Smith-yes; Councilman Troy Finn-yes; Councilwoman Janet Broadbent-yes; Town Supervsior Harry Landman-yes.

CERTIFIED by Christina Anken, Steuben Town Clerk
March 13, 2013

Schenectady County resolution on the SAFE act

Sponsored by Legislator Jasenski:

A RESOLUTION URGING THE NEW YORK STATE LEGISLATURE TO RECEIVE PUBLIC INPUT INTO THE NEW YORK SAFE ACT AND REVISIT THE PROVISIONS OF THE ACT AS THEN SHALL BE DEEMED APPROPRIATE

WHEREAS, the New York State SAFE Act was passed by the New York State Legislature on January 15, 2013, and was signed into law by Governor Andrew Cuomo on the same day; and,

WHEREAS, the manner in which the New York State SAFE Act was adopted afforded little opportunity for public input into the provisions of the law; and,

WHEREAS, public input is an integral component of the legislative process and often leads to the adoption of better legislation; and,

WHEREAS, the SAFE Act expressly states that no costs of this law shall be borne by local governments, questions remain as to the extent county departments will experience increased workload and costs due to the new requirements under the law, particularly provisions 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 provisions requiring 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, our body of laws should always be open to review and reexamination with the intention of making them better serve the residents of New York State; now therefore be it,

RESOLVED, that this Legislative Body urges the New York State Senate and the New York State Assembly to hold public hearings in all regions of the state on the provisions of, and implementation of, the New York State SAFE Act, and after a fully inclusive series of hearings, with a full opportunity for all points of view to be heard, revisit the provisions of the law as then shall be deemed appropriate, such that those portions of the legislation which demonstrably make New York safer, like those identified by the New York Sheriff’s Association, are maintained, and those provisions which are deemed to be ill-advised or ineffectual are modified or removed; and be it further

RESOLVED, the Clerk of the Schenectady County Legislature 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.

Town of Cuba resolution opposing the NY SAFE act

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Town Of Cuba page 2

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

RESOLUTION NO. 33-13

A RESOLUTION OF THE GAINES TOWN BOARD OPPOSING THE PROCESS OF ENACTMENT AND CERTAIN PROVISIONS CONTAINED WITHIN THE NEW YORK SAFE ACT

At a regular meeting of the Gaines Town Board held Tuesday, March 12, 2013 at the Gaines Town Hall, 14087 Ridge Road, Albion, NY, Councilperson Syck moved to adopt the following resolution; Seconded by Councilperson Smith.  Passed unanimously.

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 the Town of Gaines; and

WHEREAS, the lawful ownership of firearms is, and has been, a valued tradition in the Town of Gaines, 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 the Town of Gaines 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 Gaines Town Board, being elected to represent the people of the Town of Gaines, 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 in the Town of Gaines; 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 the approximately 5,300 Orleans County permits that will have to be renewed requiring additional manpower and computer systems; 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 Gaines 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 Gaines Town Board 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 pistol permit holders, by-and-large, we find the legislation does little more than 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 Gaines Town Board; now, therefore be it

RESOLVED, that the Gaines Town Board 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 be it

FURTHER RESOLVED, that the Gaines Town Board considers such laws to be unnecessary and beyond lawful legislative authority granted to our State representatives; and be it

FURTHER RESOLVED, that the Gaines Town Board 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 be it

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

FURTHER RESOLVED, that a copy of this resolution be sent to President Barack Obama, Vice President Joseph Biden, Governor Andrew Cuomo, Senator Charles Schumer, Senator Kirsten Gillibrand, Congressman Chris Collins, New York State Senator George Maziarz, Assembly Speaker Sheldon Silver, New York State Assembly members Steve Hawley and Jane Corwin, NYSAC, InterCounty of Western New York and all other deemed necessary and proper.

Upon being put to a vote, the foregoing Resolution was adopted: as follows:
Supervisor Culhane Aye
Councilperson Kirby Aye
Councilperson Smith Aye
Councilperson Syck Aye
Councilperson Kast Absent