NY SAFE Act Resolutions

"To be a star, you must shine your own light, follow your own path, and don't worry about the darkness, for that is when the stars shine brightest.”

In the darkness of Governance, more stars shine brilliantly across New York State. This week, another seven municipal governments in Delaware, Lewis, Orange, Orleans, Seneca and Warren counties proudly join 214 others, and 52 county legislative bodies across the Empire State to support citizens civil and constitutional rights. Together, 273 municipal and county governments, representing millions of New Yorkers, follow a united path in opposition to the unsafe law Governor Cuomo rushed into place in the dark of night on January 15th, 2013, without transparency or intelligent debate, using an unnecessary "Message of Necessity".

Municipalities that have passed resolutions opposing the SAFE Act are represented on the map as liberty loving "Shining Stars" of freedom. Each week, a little more darkness gives way to freedom's light. Shine your own light. Follow your path. Fear not Governance darkness. Continue intelligent, open, informed discussions at municipal board meetings and help your elected officials pass resolutions opposing Governor Cuomo's SAFE Act. Transform your municipality into the next Shining Star.

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RESOLVED, that the Town of Lodi Town Board calls for reconsideration and repeal of the so called New York SAFE Act of 2013

Passed unanimously March 14, 2013

TOWN OF LODI TOWN BOARD OPPOSSES NEW YORK SECURE AMMUNITION AND FIREARM ENFORCEMENT “SAFE” ACT OF 2013

RESOLUTION NO. 2013-3-1

WHEREAS, the New York State legislature, apparently in reaction to recent acts of violence passed legislation virtually without study or opportunity for public comment; and

WHEREAS, such legislation, enacted under the acronym: “New York SAFE Act”, severely affects the rights of law abiding New York State residents to keep and maintain firearms; and

WHEREAS, this legislation, currently being challenged in the courts, restricts the loading of firearm magazines to seven rounds with no apparent exception for law enforcement personnel, makes unlawful the possession of magazines and firearms currently lawfully owned by tens of thousands of New Yorkers, restricts private sale of firearms and requires licensing or relicensing of firearms previously not requiring license or for which licenses were obtained without need for periodic renewal; and

WHEREAS, the Act contains no provision for funding the additional duties being imposed upon local Mental Health Departments, County Clerks or local law enforcement agencies and as such constitutes yet another unfunded mandate by the State upon local municipal government; and

WHEREAS, it is believed that many Seneca County residents are deeply concerned with this legislation, its effects and the undue haste with which it was enacted; and

RESOLVED, that the Town of Lodi Town Board calls for reconsideration and repeal of the so called New York SAFE Act of 2013; and be it further

RESOLVED, we direct the Lodi Town Clerk to forward a copy of this resolution to President Barack Obama, Vice President Joseph Biden, New York State Governor Andrew Cuomo, New York State Senator Michael Nozzolio, Senate Majority Leader Dean Seklos, Assembly Minority Leader Brian Kolb, Assemblyman Philip Palmesano, New York State Assembly Speaker Sheldon Silver, Congressman Tom Reed, U.S. Senators Charles E. Schumer and Kirsten Gillibrand, Speaker John Boehner, Senator Jeffry Klein (Co-Leader Senate Majority Coalition), the New York State Association of Counties and the InterCounty Association of Western New York.

Moved: Councilwoman Clawson
Seconded: Councilman Van Cleef

Councilman Van Cleef Aye
Supervisor Davidson Aye
Councilman Latini Aye
Councilwoman Clawson Aye
Date: March 14, 2013
Nancy M. Jones, Lodi Town Clerk

Town of Pembroke resolution calling for repeal of the NY SAFE act.
Passed unanimously April 25th, 2013.

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

Town of Rensselaerville resolution calling for repeal of the NY SAFE act
Passed unanimously April 11
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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

KINDERHOOK - 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.”

Resident Ed Simonsen told the board the SAFE Act is a state issue and that he would have rather seen the board refrain from making a resolution.

Other action items on Monday night’s agenda included a resolution to reduce the speed limit on Route 9 in front of the Ichabod Crane High School down to 25 mph, a presentation on an amendment to the town’s comprehensive plan and move-in plans for municipal departments to the former Martin H. Glynn Elementary School still on target for the end of April.

The board is planning a joint meeting with the Valatie Village Board to discuss scheduling arrangements for Glynn gymnasium use by local groups.

The resolution to reduce the speed limit on Route 9 in front of the high school to 25 mph passed unanimously. The resolution must be sent to the state Department Of Transportation for approval before going into effect.

The board received two estimates from moving companies to relocate the municipal offices to the former Glynn school.

The board accepted the lowest bid, which includes moving town hall offices and the building department, that totaled $4,732.

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.

Good news! Anyone aware of similar moves in other counties? What is the permit process like where you live? What are you doing to make it less restrictive?

"Starting in July, Chemung County will stop issuing restricted pistol permits, and instead will issue only unrestricted pistol permits to people who have completed a three-hour course offered by the sheriff’s office.

'I think under the Second Amendment and with everything that’s been going on in the last couple of months, I think this is really awesome news for Chemung County,' said Sheriff Christopher Moss"



Chemung County to change pistol permit process
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A change to the way pistol permits are issued in Chemung County should reduce paperwork for applicants who want to carry a handgun.

SAFE ACT: Supervisor Wadsworth handed out the latest updates to the SAFE Act to the Board. Councilwoman Irwin asked if other Towns in the county were moving slowly on this. Supervisor Wadsworth said that yes, they were; our surrounding Towns were taking their time to review and alter the SAFE Act. Councilman Wrubel corrected a spelling error, adding an “e” to the word ”infringe” in paragraph two and also capitalizing the “T” in the word “This”, also in paragraph two. Councilman Taylor moved and Councilwoman Irwin seconded the motion to approve the corrections and alterations of the SAFE Act and to adopt the Act as presented. Motion passed with voting as follows: Wadsworth-aye; Taylor-aye;Wrubel-aye; Irwin-aye. Nays: None.

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** New Map! 52 Counties, 228 municipalities! Please share! **

You spoke and we listened. Our Shining Star map has been color modified similar to our main map. We hope this change avoids any unSAFE confusion and improves your liberty loving experience! We've also added number counts to the county and municipal standings...brought to you in broad daylight, with transparency, upon intelligent discussion and an appropriate cooling off period!

"To be a star, you must shine your own light, follow your own path, and don't worry about the darkness, for that is when the stars shine brightest.”

In the darkness of Governance, more stars shine brilliantly across New York State. This week, another seven municipal governments in Broome, Hamilton, Jefferson, Lewis, Oneida, Wayne, and Wyoming

TOWN of CANANDAIGUA TOWN BOARD RESOLUTION

REPEAL OF THE NEW YORK SECURE AMMUNITION AND FIREARMS ENFORCEMENT ACT OF 2013

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

WHEREAS, each and every issue that comes before the New York State Legislature before an enactment deserves a fair and open discussion which incorporates all points of view in order to ensure that all citizens are heard and that the Legislation incorporates the various points of view expressed during that discussion and benefits all of the citizens of the State of New York; and

WHEREAS, the NY SAFE ACT was adopted after minimal public discussion, contains serious flaws, i.e., police officers are not exempt, and having been on the desks of the members of the New York State Legislature for only a few hours, thereafter was literally adopted in the night and signed into law by Governor Andrew Cuomo; and

WHEREAS, amendments were made to the Open Meetings Law (Public Officers Law Section 103), requiring a public body prior to a meeting to post on its website, to the extent practicable, for public benefit all records that may be considered or discussed at that meeting; and

WHEREAS, A. 107 has been pre-filed before the New York State Assembly for the 2013-2014 Regular Session, to amend the Public Officers Law (Sections 84 and 90) in relation to publishing records of public interest by agencies and the State Legislature, reading in part “…The people’s right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality… “; and

WHEREAS, the State of New York has a tradition and long history of conducting its deliberations and debates in the public view and that in the enactment of the NY SAFE ACT the New York State Legislature and Governor Andrew Cuomo acted in contradiction of this long, time honored tradition of an open government; and now, therefore, be it

RESOLVED, that the Town Board of the Town of Canandaigua acting on behalf of our constituents join Assembly Minority Leader Brian Kolb, NYS Senator Michael Nozzolio, Ontario County Sheriff Philip Povero and many other levels of government in New York State calling for the repeal of the New York Secure Ammunition and Firearms Enforcement Act of 2013 (“NYS SAFE ACT”);

RESOLVED, that the Town of Canandaigua Town Board hereby directs the Town Clerk to send certified copies of this resolution to Governor Andrew Cuomo, Senator Michael Nozzolio, Assemblyman Brian Kolb, Ontario County Sheriff Philip Povero and the NYS Association of Towns.

Moved by Councilperson Helming, seconded by Councilman Brandt to amend the resolution.

5 ayes: Fennelly, Helming, Westbrook, Brandt, Casella

Moved by Councilman Brandt, seconded by Councilperson Helming to adopt as amended.

TOWN OF HOPKINTON
RESOLUTION #_1__ OF 2013
OPPOSING A NUMBER OF PROVISIONS ENACTED UNDER THE NEW YORK SAFE ACT AND THE MANNER IN WHICH IT WAS ENACTED
WHEREAS, the Bill of Rights of the Constitution of the United States, specifically the Second Amendment to the Constitution, guarantees the right of the people to keep and bear arms and states further that that right “’shall not be infringed,” and
WHEREAS, all individuals, elected or appointed to an office of honor or profit in the civil or uniform services, than an oath to support and defend the Constitution of the United States, and
WHEREAS, many of the residents of the Town of Hopkinton have expressed their displeasure not only with the provisions of the NY SAFE ACT itself, but also the manner and method used to bring it to the floor and vote it into law, and
WHEREAS, using a message of necessity to bring forth and enact a law that has dozens of sections and changes in current laws, but only three of which take effect immediately, negates the argument that the speed with which this bill was brought forward was necessary, and
WHEREAS, the sheer size of the bill, the extent of the many changes it brings and the very short time that the bill was made available to New York State Senate and Assembly for review, effectively precluded discussion and debate on the provisions set forth in the bill, preventing the mature development of arguments, both for and against, and
WHEREAS, in an attempt to bring forth meaningful solutions for dealing with or preventing gun violence, this legislation and the majority of its provisions affect law abiding gun owners in a negative and unnecessary ways and they were not given the opportunity to express their views or otherwise comment on the bill, and
WHEREAS, while there are provisions of the bill that have merit; for example, increased penalty for killing emergency responders, NICS checks for private sales of firearms, safe storage provisions, mental health record review, and increased penalties for the illegal use of a weapon, other provisions of the law, which run roughshod over second amendment rights, must be reconsidered and a new law should be introduced in a transparent manner, and it must be given the time necessary to review its provisions, engage in meaningful and constructive debate and allow public review, comment and input relative to
the content of the bill, and
WHEREAS, the New York Save Act, as passed, will require County Clerks to carry out several provisions of the law but fails to address the responsibility for funding those additional duties, thus inflicting another unfunded mandate on already cash strapped counties.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of Hopkinton joins with other municipalities in opposing those portions of the NY SAFE ACT which infringe upon the rights of lawful gun owners and does little to address the underlying issues that confront our society as a whole, and
BE IT FURTHER RESOLVED that the Hopkinton Town Board strongly encourages the members of the New York State Legislature to bring forth a bill that addresses the real problems confronted by today’s society and not jeopardize the rights of law abiding citizens, and allow time for public comment, and
BE IT FURTHER RESOLVED that copies of this resolution be sent to Governor Andrew Cuomo, Senator Patty Ritchie, Senator Joseph Griffo, Senator Elizabeth O’C Little, Assemblyman Kenneth Blankenbush, Assemblywoman Addie Russell, Assemblyman Marc Butler, Assemblywoman Janet Duprey, and the Board of each County of the State of New York.
Dated: June 17, 2013
Vickie French, Town Clerk
Town of Hopkinton

Hamburg Town Board members Monday night weighed in on two issues over which they have little control but their bully pulpit: New York State’s SAFE Act gun-control legislation and the proposal to build 128 apartment units off Roundtree Village.
Board members told a standing- room-only audience that spilled into hallways that they are watching developments in the proposal for the apartments and sympathize with Roundtree Village residents. But the parcel is zoned properly, and the Planning Board has the authority to approve or deny the plan.
On gun control, the Town Board called for the suspension of the state law until all aspects of gun control can be examined. The governor signed the controversial gun legislation into law in January after the Sandy Hook Elementary School shootings in Connecticut last December.
Sheriff Timothy Howard spoke out against the gun-control legislation. He said he opposes the law on the grounds it violates the Second Amendment, and he said there was no input from upstate interests or law enforcement.
He said the measure increases penalties that would not be necessary if current laws are enforced.
“There is no example in history where gun registration has not been followed shortly by confiscation,” he said, adding that the legislation outlaws weapons because of what they look like, not for what they do.
Board members unanimously approved a resolution calling on state leaders to address gun control in “a more logical manner,” to strengthen the effect on public safety and not infringe upon constitutional rights.
Many of those in attendance were in favor of the Town Board action, and many of those in the audience also oppose the apartment complex near Howard Road.
Charlie Cox, of Breckenridge Road, said neighbors know the complex conforms with R-3 zoning and that the issue is being considered by the Planning Board. But he said neighbors don’t understand how the town can consider allowing the project with only one access through a residential area.
Supervisor Steven Walters acknowledged the Town Board’s authority is limited, but he said the access to the apartments is a key issue.
“That’s an issue this Planning Board has to address very carefully,” he said.
Councilwoman Amy Ziegler said the large attendance by residents at Monday’s meeting speaks to keeping the neighborhood the way it is, and Councilman Joseph Collins said another access could be built.

Resolution #_____ to call for the Discussion, Amendment and Repair of the flaws in the so-called SAFE ACT (Secure Ammunition and Firearms Enforcement ACT) of the State of New York.
WHEREAS, New York Governor Andrew Cuomo and the majority of the New York State Legislature hastily passed legislation know as the SAFE Act in a stated attempt to combat violent behavior of individuals, and,
WHEREAS, said legislation was passed without allowing for public review or comment with the intent to avoid such review and comment for the stated reason that New York would be the first state to pass such legislation, and,
WHEREAS, some portions of the SAFE Act are positive and sensible while others are dramatically flawed, defy common sense and only serve to inconvenience and punish law-abiding gun owners, and,
WHEREAS, many of these flaws in the SAFE Act could have been corrected by the Governor and the Legislature had they only taken the time to allow for public comment and review of, and,
WHEREAS, said legislation can easily be changed or amended going forward so as to enact truly meaningful legislation that would be sensible, useful and practical, now therefore be it,
RESOLVED, that the Massena Town Board strongly encourages Gov. Cuomo and the Legislature to immediately convene public hearings to discuss, amend, replace and repair the flaws in the SAFE Act to protect the Second Amendment rights of New York State gun owners. Be it further,
RESOLVED, that copies of this resolution be sent to Governor Andrew Cuomo, Senator Patty Ritchie, Senator Joseph Griffo, Senator Elizabeth Little, Assemblyman Kenneth Blankenbush, Assemblyman Marc Butler, Assemblywoman Addie Russell, Assemblywoman Janet Duprey, St Lawrence County Legislature and any other Townships deemed necessary.

RESOLVED, that the Town of Parishville finds these aforementioned and any other infringements upon the right of the citizens to keep and bear arms unconstitutional and illegal.



Town of Parishville
County of St. Lawrence
Resolution 04-2013
Calling for the Repeal of the Erroneously Named NY SAFE Act

WHEREAS the members of the Town Council of the Town of Parishville, New York have been elected by the approximately 2,150 residents of the Town of Parishville 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 the 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 name 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 illusions of security secures neither;
NOW, THEREFORE, BE IT RESOLVED, that the Town of Parishville of the County of St. Lawrence 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 Parishville 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 Parishville demands the complete and total repeal of the NY SAFE Act of 2013 in its entirety by State Assembly and State Senate member; and be it further

RESOLVED, that the Town of Parishville 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 Parishville 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 Parishville 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; New York State Senator Elizabeth Little, New York State Assemblyman Marc W. Butler, New York State Congressman Bill Owens, St. Lawrence County Legislator Scott Sutherland.

Connie Maguire
Parishville Town Clerk

WHEREAS, the Hamburg Town Board recognizes that NY SAFE Act must be repealed and any further attempts to pass gun control legislation must go through the proper procedures and must allow for appropriate public comment.



WHEREAS, On January 14th, 2013 a Gun Control Bill known as NY SAFE Act was rushed through the Senate & Assembly without a single Public hearing or input from the various Law enforcement agencies located around our State, and

WHEREAS, Even the State lawmakers did not have time to review the bill as presented leaving questions about implementation and regulation of this new law, and

WHEREAS, This law should focus on increasing penalties for criminals who use firearms to harm and threaten law abiding citizens and address the issues of mental illness related to violence, and

WHEREAS, the Hamburg Town Board recognizes that NY SAFE Act must be repealed and any further attempts to pass gun control legislation must go through the proper procedures and must allow for appropriate public comment.

NOW THEREFORE BE IT RESOLVED, that the Hamburg Town Board urgently asks Governor Andrew M. Cuomo & the Legislative leaders to suspend this law as soon as possible and to look at all of the aspects of gun control using the proper legal procedure to bring about a law that will address gun control in a more logical manner, focusing on the real issues related to gun control – a law that will strengthen the effect on public safety and not infringe upon our constitutional rights.

BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to: Honorable Governor Andrew M. Cuomo, Honorable Senate Majority Leader Dean Skelos, Majority Leader of Independent Democratic Caucus Jeff Klein, Honorable Senate Minority Leader Andrea Stewart-Cousins, Honorable Speaker of the Assembly Sheldon Silver, Honorable Leader of the Assembly Joseph Morelle, Honorable Minority Leader of the Assembly Brian Kolb, Senator Mark Grisanti, Assemblyman Sean Ryan and the rest of the Western New York Delegation.

ADOPTED
Ayes 3 Walters, Collins, Ziegler
Noes 0

RESOLUTION CALLING FOR THE REPEAL OF THE NEW YORK SAFE ACT OF 2013

Offered by: Ways and Means Committee

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

WHEREAS, this Legislation is viewed by many citizens of the State of New York as being extremely controversial as those citizens view this Legislation as infringing upon their rights guaranteed to them under the Second Amendment of the United States Constitution; and

WHEREAS, each and every issue that comes before the New York State Legislature before an enactment deserves a fair and open discussion which incorporates all points of view in order to ensure that all citizens are heard and that the Legislation incorporates the various points of view expressed during that discussion and benefits all of the citizens of the State of New York; and

WHEREAS, the NY SAFE ACT was adopted after minimal public discussion, contains serious flaws, i.e., police officers are not exempt, and having been on the desks of the members of the New York State Legislature for only a few hours, thereafter was literally adopted in the night and signed into law by Governor Andrew Cuomo; and

WHEREAS, in 2011 amendments were made to the Open Meetings Law (Public Officers Law Section 103), requiring a public body prior to a meeting to post on its website, to the extent practicable, for public benefit all records that may be considered or discussed at that meeting; and

WHEREAS, A.107 has been pre-filed before the New fork State Assembly for the 2013- 2014 Regular Session, to amend the Public Officers Law (Sections 84 and 90) in relation to publishing records of public interest by agencies ad the State Legislature, reading in part “…The people’s right to know the process of governmeçtal decision-making and to review the documents and statistics leading to determinations is basic to ouf society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality.. and

WHEREAS, the State of New York has a tradition and long history of conducting its deliberations and debates in the public view and that in the enactment of the NY SAFE ACT the New York State Legislature and Governor Andrew Cuomo acted in contradiction of this long, time honored tradition of an open government; and

WHEREAS, the members of the Inter County Association of Western New York and the Inter County Legislative Committee of the Adirondacks at a joint meeting held February 6, 2013, at Albany, New York, expressed their concern that any legislation which addresses the ownership of guns and the sale of ammunition in the State of New York be conducted only after an open debate pursuant to which the public is allowed to participate and express their points of view; now, therefore; be it

RESOLVED:

1. That the Allegany County Board of Legislators calls for the repeal of the New York Secure Ammunition and Firearms Enforcement Act of 2013 (“NY SAFE ACT”);

2. That the Allegany County Board of Legislators supports the positions adopted by resolution from the New York State County Clerk’s Association and the State Sheriff’s Association.

3. That the Allegany County Board of Legislators directs that certified copies of this resolution be forwarded to Governor Andrew Cuomo, members of the New York State Legislature, NYSAC, NACO, New York State Association of Towns, and each New York State County.
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8 Responses to Allegany County resolution calling for the repeal of the NY SAFE act

Some statistics as of July 15:
* 52 of the state's 62 counties have passed resolutions opposing the SAFE Act.
* 8 of the 10 counties that have not passed resolutions opposing the SAFE Act are downstate counties. (Albany and Tompkins are 2 upstate exceptions)
* 47 of 52 counties that have passed resolutions also have municipalities that have passed resolutions (so far, there have been no municipal resolutions passed in Clinton, Oswego, Putnam, Rockland, and Schuyler)
* 2 counties that have not passed resolutions (Albany and Tompkins) do have municipalities that have passed resolutions opposing the SAFE Act
* The first county to pass a resolution opposing the SAFE Act was Herkimer County, on January 23, 2013
* The first municipality (first Shining Star) to pass a resolution opposing the SAFE Act was the Town of Truxton, Cortland County, on January 16, 2013
* The most recent municipality to pass a resolution opposing the SAFE Act is the Town of Potsdam, St. Lawrence County, on - July 9, 2013
* The county with the most resolutions opposing the SAFE Act is Erie County, with 22, closely followed by St. Lawrence County with 20

A motion was made by Terrence Grant and seconded by Dave Fanaro to adopt the following resolution:

CALLING FOR THE REPEAL OF THE NEW YORK SAFE ACT OF 2013

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

WHEREAS, the State of New York has a tradition and long history of conducting its deliberations and debates in the public view and that in the enactment of the NY SAFE ACT of the New York State Legislature and Governor Andrew Cuomo acted in contradiction of this long, time honored tradition of an open government; and

WHEREAS, this legislation imposes far more burdensome regulations upon law abiding gun owners; notably;

The law’s definition of assault weapons is to broad, and prevents the possession of many weapons that are legitimately used for hunting, target shooting and self defense;
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;
The law requires a five year recertification of pistol permits and registration of existing assault weapons which is an unfair impediment; and

WHEREAS, this legislation creates an environment in the state hostile to gun manufacturers and gun ownership; now therefore, be it

RESOLVED, that the Town of Leicester Board calls for the repeal of the New York Secure Ammunition and Firearms Enforcement Act of 2013 (NY SAFE ACT”).

Motion Carried, Ayes 5, Noes 0.

·Resolution 4-2013: Repeal of NY Safe Act Legislation

Councilman Panek urged the Town Board Members to consider passing a Resolution to request repeal of recent NYS Safe Act Legislation regarding gun control in NYS.

After a brief discussion amongst the Board Members Councilman Panek introduced the following Resolution to the Board Members for their review and action:

RESOLUTION NO. 4 DATED: February 11, 2013 – Request repeal of any legislation within the 2013 NY State SAFE Act

WHEREAS,

The Stafford 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.

The Stafford Town Board does endorse the January 24th 2013 New York State Sheriff’s Association Response to the New York Safe Act. The Stafford Town Board wishes to emphasis our agreement with the New York Sheriff’s Association’s assessment on the method which was used to pass this legislation (bolded below)

New York Sheriff’s Association Response to the New York Safe Act

Following passage of the SAFE Act by the State Legislature and approval by the Governor, the Sheriffs now have had the opportunity to review the language of the new law and wish to make our comments available. The Sheriffs of New York state support many of the provisions of the SAFE Act, and believe that they will enhance public safety and help to shield citizens from gun violence. However, there are also some parts of this new law that need clarification, and some that we think should be reconsidered and modified to meet the concerns of the law enforcement community and the public at large. We have identified the following six provisions of the new law which we believe are helpful and will increase the safety of our citizens. These include:

• Restriction on FOIL requests about pistol permit holders. By granting citizens the option of having their names and addresses withheld from public disclosure, the new law does provide a mechanism to allow people to decide for themselves whether their personal information should be accessible to the public. We believe, however, that no one should have to explain why their personal information should remain confidential. A better procedure, we believe, is simply to exempt all this personal information from FOIL disclosure.

• Killing of emergency first responders. The new law makes killing of emergency first responders aggravated or first degree murder, enhancing penalties for this crime and requiring life without parole. First responders need this protection, evidenced all too often by attacks on them when they attempt to provide help, and in special recognition of the terrible attacks on two firefighters in Webster, NY and attacks on first responders in Jefferson County.

• Requirement of NICS checks for private sales (except between immediate family). We believe that this will ensure that responsible citizens will still be able to obtain legal firearms through private transactions, with the added assurance that private buyers are approved by the federal National Instant Criminal Background Check System. We remain concerned that this provision will be very difficult to enforce and will likely only affect law abiding citizens.

• Comprehensive review of mental health records before firearms permits are granted and review of records to determine if revocation of permits is required. Sheriffs believe that there is an urgent need to increase funding for mental health care. The new law imposes reporting requirements on many mental health care professionals and others who may make a determination that a person is a danger to himself or others. The law further gives needed authority to courts or others who issue firearms permits to deny permit applications or to revoke permits already issued. We believe that this issue demands a much more full and detailed discussion about how to keep guns out of the hands of such people. The Sheriffs of New York want to pursue these issues with the Governor and the State Legislature.

• Safe storage of firearms. The new 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. We agree that firearms owners should have the responsibility to make sure that their weapons are safeguarded against use or access by prohibited persons, and the new law adds these protections to ensure that weapons are safely and securely stored.

• Increased penalties for illegal use of weapons. The new law adds several increased sanctions for violation of New York gun laws and creates new gun crimes which did not previously exist. These new provisions will provide added tools for law enforcement to prosecute such crimes. We further believe that the new provisions should help deter future misuse of firearms. We also suggest that the legislature consider limitations on plea bargaining for all gun crimes.

We have reviewed other provisions of the new law, and strongly believe that modifications are needed to clarify the intent of some of these new provisions and that revisions are needed to allow Sheriffs to properly enforce the law in their counties.

• Assault weapon ban and definition of assault weapons. We believe that the new 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. Classifying firearms as assault weapons because of one arbitrary feature effectively deprives people the right to possess firearms which have never before been designated as assault weapons. We are convinced that only law abiding gun owners will be affected by these new provisions, while criminals will still have and use whatever weapons they want.

• Inspection of schools by state agencies. The new law transfers to state agencies the responsibility to review school safety plans. We expect that funding will be transferred to these state agencies to implement safety proposals. Sheriffs and local police provide this service in all parts of the state and can perform these duties efficiently. As the chief law enforcement officer of the county, Sheriffs are in the best position to know the security needs of schools in their own counties, and the state should help to fund these existing efforts by Sheriffs and local police departments to keep our schools safe.

Because Sheriffs and local police are already deeply involved with school safety plans, have developed emergency response plans, and are familiar with structural layouts of schools in their counties, they should be included along with state counterparts in any effort to review school safety plans.

• Reduction of ammunition magazine capacity. The new law enacts reductions in the maximum capacity of gun magazines. We believe based on our years of law enforcement experience that this will not reduce gun violence. The new law will unfairly limit the ability of lawabiding citizens to purchase firearms in New York. It bears repeating that it is our belief that the reduction of magazine capacity will not make New Yorkers or our communities safer.

• Five year recertification of pistol permit status and registration of existing assault weapons. The new law delegates to the State Police the duty to solicit and receive updated personal information of permit holders every five years in order to maintain these permits. Further, the law requires owners of certain existing firearms now classified as assault weapons to register these with the State Police within one year. The recertification and registration conflict with Sheriffs’ duties regarding issuance of pistol permits. All records should be maintained at the local, and not the state level. This information should be accessible to those who are responsible for initial investigation of permit applications. Pistol permit information should be maintained in one file at the local level, and forwarded to a statewide database for law enforcement use. It bears repeating that it is our belief that pistol permit and any registration information required by the law should be confidential and protected from FOIL disclosure.

• Sale of ammunition. The new law imposes several new provisions regarding how, and from whom, ammunition can be lawfully purchased. The law should be clarified about the use of the Internet as a vehicle for these sales, out‐of‐state sales to New York residents, and other issues. Businesses have said that they do not understand the new provisions and are concerned that they will have to cease operations.

• Law enforcement exemptions must be clarified. The new law has many provisions that might apply to law enforcement officers and there has been much confusion about whether existing law enforcement exemptions continue to apply. We understand that the Governor and Legislature have already agreed to review and modify these provisions where necessary, and the Sheriffs want to be part of the discussion to make the changes effective. Additionally, the exemptions should apply to retired police and peace officers, and to others in the employ of the Sheriff and other police agencies who perform security duties at public facilities and events.

• Method of bill passage. It is the view of the Sheriffs’ Association that anytime government decides it is necessary or desirable to test the boundaries of a constitutional right that it should only be done with caution and with great respect for those constitutional boundaries. Further, it should only be done if the benefit to be gained is so great and certain that it far outweighs the damage done by the constriction of individual liberty. While many of the provisions of the new law have surface appeal, it is far from certain that all, or even many, of them will have any significant effect in reducing gun violence, which is the presumed goal of all of us. Unfortunately the process used in adoption of this act did not permit the mature development of the arguments on either side of the debate, and thus many of the stakeholders in this important issue are left feeling ignored by their government. Even those thrilled with the passage of this legislation should be concerned about the process used to secure its passage, for the next time they may find themselves the victim of that same process. Fortunately, the Governor has shown himself open to working with interested parties to address some of the problems that arose due to the hasty enactment of this law. We will work with the Governor and the Legislature on these issues.

• Sheriffs understand their Constitutional obligations and the concerns of constituents

Sheriffs and other law enforcement officers are not called upon by this new legislation to go door‐to‐door to confiscate any weapons newly classified as assault weapons, and will not do so. Sheriffs represent all the people, and we take an oath to uphold the Constitution of the United States and the Constitution of the State of New York. Sheriffs will continue to enforce all laws of the state and will protect the rights of all citizens, including those rights guaranteed by the Constitution of the United States and the Constitution of the State of New York.

Offered by: Councilperson Panek

Second by: Councilperson Pacer

Passes by a vote of 5 yeas and 0 nays.

Roll Call vote as follows:

Councilperson Vicary Yes
Councilperson Mullen Yes
Councilperson Panek Yes
Councilperson Pacer Yes
Supervisor Clement Yes