RESOLUTION NO. 5-2013
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 Geneva 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 Geneva Town Board calls upon the New York State Legislature and Governor to repeal 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
NOW THEREFORE BE IT RESOLVED, Councilman Riley motioned that the following resolution be adopted; which was then seconded by Councilman Larsen. The Supervisor called the roll of the Town Board, which was done by the following results:
I, Lorrie S. Naegele, Town Clerk of the Town of Geneva do hereby certify that the aforementioned resolution was adopted by the Town Board of the Town of Geneva on March 12, 2013 by the following vote:
Councilman Richard Larsen
Councilman Patrick Malcuria
Councilman Pat Riley
Councilman George Smith
Supervisor Mary E. Luckern
Lorrie S. Naegele, Town Clerk
Dated: March 12, 2013