Town of Genesee resolution calling for repeal of the erroneously named NY SAFE act

Passed unanimously March 19th 2013

Resolution 3-19-13a of 2013

A resolution condemning the manner and passage of the erroneously named NY SAFE Act and supporting repeal of state legislation infringing on the second amendment of the Constitution.

WHEREAS the members of the Town Council of the Town of Genesee, New York have been elected by the approximately 2,000 residents of the Town of Genesee as their representatives; and

WHEREAS said members have taken an oath; indeed the very same oath as the members of the Senate and Assembly, as well as the Governor, of New York State; to uphold the constitution of the State of New York and the Constitution of the United States of America; and

WHEREAS said constitutions contain clauses protecting the individual, inalienable, God-given right of the citizens of the United States of America and the citizens of the State of New York to keep and bear arms without infringement; and

WHEREAS on January 15, 2013 the Legislature of the State of New York passed the erroneously named NY SAFE Act which contains multiple violations of said rights; and

WHEREAS this passage occurred within a period of less than twenty-four hours of introduction to the legislature, thereby not allowing the mandatory three day review period; and

WHEREAS this avoidance of the mandatory review period was accomplished by the Governor’s declaration of a Message of Necessity; and

WHEREAS the reasons listed by the Governor in his request for said Message of Necessity are wholly inadequate, completely inaccurate, and without justification; and

WHEREAS the aforementioned infringements upon the rights of the citizens of New York State will have no effect in reducing crimes committed with firearms; and

WHEREAS the sacrifice of freedoms for the illusion of security secures neither;

NOW, THEREFORE, BE IT RESOLVED, that the Town of Genesee of the County of Allegany of the State of New York hereby condemns the manner in which the aforementioned legislation was passed and finds the actions of the Governor deplorable and unbecoming of an elected official and representative of the people of New York State; and be it further

RESOLVED, that the Town of Genesee demands a public apology by the Governor for his abuse of the legislative process of the State of New York; and be it further

RESOLVED, that the Town of Genesee demands the complete and total repeal of the NY SAFE Act of 2013 in its entirety by the State Assembly and State Senate members; and be it further

RESOLVED, that the Town of Genesee demands the State Assembly and State Senate, in the very near future, consider legislation which repeals various laws currently in place that infringe upon the rights of the citizens of the State of New York to keep and bear arms, including, but not limited to, the following:

• Firearm magazine capacity limitations;
• Requirements for permits to carry a firearm concealed;
• Limitations on the aesthetic appearance of certain firearms, erroneously referred to as “assault weapons;”
• Restrictions on locations where firearms can be carried, both openly and concealed, including State Forests and Parks; and
• Restrictions on other arms constitutionally protected under the second amendment including knives, pepper spray, swords, air/spring rifles, etc.; and be it further

RESOLVED, that the Town of Genesee finds these aforementioned and any other infringements upon the right of the citizens to keep and bear arms unconstitutional and illegal; and be it further

RESOLVED, that the Town of Genesee hereby urges nearby towns to enact similar resolutions urging the State Legislature to action; and be it further

RESOLVED, that certified copies of this resolution be delivered to the following individuals: President Barack Hussein Obama; Governor Andrew Cuomo; Senator Kirsten Gillibrand; Senator Charles Schumer; Representative Thomas Reed; State Senator Catharine Young; State Assemblyman Joseph Giglio.

A motion to adopt the resolution was made by CP Bluhm, seconded by CP Sherman.

Roll Call:

Supervisor Barnes – Aye

CP Holcomb – Aye

CP Cannon – Aye

CP Sherman – Aye

CP Bluhm – Aye

The Clerk declared this 19^th day of March, 2013 that the foregoing resolution was duly carried.

Rebecca Torrey,

Town Clerk