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The
Resolution opposing NY SAFE Act
The Schuyler County Legislature's Public Safety / Criminal
Justice Committee voted unanimously Monday morning, Feb. 25, 2013 in favor
of a resolution opposing the State's passage of the New York Secure Ammunition
and Firearms Enforcement (SAFE) Act. The measure will go next to the Legislature
Resolution Review Committee and then the full Legislature for a vote.
The resolution follows.
RESOLUTION OPPOSING THE NEW YORK SECURE AMMUNITION
AND FIREARMS ENFORCEMENT (SAFE) ACT OF 2013 – SHERIFF’S OFFICE/COUNTY
CLERK
WHEREAS, this Legislative Body has long advocated for the protection
of the rights afforded our 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, members of the Schuyler County Legislature, being elected to
represent the people of Schuyler County, 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 lawful ownership of firearms is a recreational benefit to
our residents through hunting and target shooting, along with an economic
and environmental benefit to our region with several locally owned and
operated gun/sporting businesses, and
WHEREAS, the New York State Secure Ammunition and Firearms Enforcement
(NY SAFE Act) of 2013 which was rushed to passage by the New York State
Senate, Assembly and Governor, will have a detrimental effect on hunters,
sportsmen and legal gun owners, creating a hostile environment both for
them and for the sale and manufacture of legal firearms, and
WHEREAS, the legislation prohibits the sale of firearm magazines with
a capacity larger than seven (7) rounds and, those firearm magazines with
a capacity larger than seven (7) rounds, which are authorized to be retained
by existing owners, may only be loaded with seven (7) rounds and ventually
must be permanently altered to only accept seven (7) rounds or be disposed
of, and
WHEREAS, few or no low capacity (seven (7) rounds or less) magazines currently
exist for many of the firearms commonly possessed by law-abiding residents
of New York State, and
WHEREAS, the legislation severely impacts the possession and use of firearms
now employed by the residents of Schuyler County for the defense of life,
liberty and property, and
WHEREAS, the 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 Schuyler
County Legislature finds encouraging, such as the strengthening of Kendra’s
Law and Marks’s Law, as well as privacy protections for lawful permit
holders, we find the legislation fails to offer little meaningful solutions
to gun violence and places undo burdens where they don’t belong,
squarely on the backs of law abiding citizens, and
WHEREAS, there are many parts of this legislation that place an unfunded
mandate on the local Sheriff Departments, County Clerks Office and County
Judges, while tax payers are crying out relief, and
WHEREAS, there will be significant financial impact due to the approximately
3,300 Schuyler County pistol permits that will have to be renewed requiring
additional manpower and computer systems, and
WHEREAS, requiring law-abiding gun owners to verify ownership of certain
types of firearms every five years, in addition to registering them on
permits, which now also must be renewed every five years, does not increase
the safety of the public and is unnecessarily burdensome to the residents
of New York State, and
WHEREAS, this legislation effectively treats countless New York State
law abiding gun owners as criminals, and
WHEREAS, the enactment of the NY SAFE Act has engendered significant controversy
over both the process by which it was enacted and certain provisions contained
within, and
WHEREAS, the manner in which this legislation was brought forward for
vote in the State Legislature is deeply disturbing to the Schuyler County
Legislature.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does
hereby oppose the enactment of the New York State Secure Ammunition and
Firearms Enforcement Act of 2013 because it fundamentally alters or abridges
the right to keep and bear arms without addressing the problems of gun
violence, and
BE IT FURTHER RESOLVED, that this Legislature hereby calls upon the New
York State Legislature and Governor to set aside and annul this ill conceived
and poorly drafted statute which abridges the rights of law abiding citizens
of the State of New York, and
BE IT FURTHER RESOLVED, that the Schuyler County Legislature opposes any
effort by the New York State Legislature to bundle together stricter gun
control efforts with legislation that would exempt the records pertaining
to handgun permit holders from disclosure under NYS Freedom of Information
Law, and
BE IT FURTHER RESOLVED, that certified copies of this Resolution be forwarded
to the Governor of the State of New York, Senator Thomas O’Mara,
Assemblyman Philip Palmesano and the New York State Association of Counties.
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