The Liberty First Foundation is working to oppose new gun control measures that are being passed across the nation. Every day we hear about a new piece of legislation that seeks to further restrict our natural rights as protected under the Second Amendment. We have to group together to fight against these unconstitutional laws and this deprivation of our natural right to self-defense. Join us in the fight by liking and following the Liberty First Foundation page on Facebook and joining our Facebook Group.
The New York Secure Ammunition and Firearms Enforcement Act of 2013 more commonly known as the NY SAFE Act was signed into law under the “message of necessity” clause of the New York State Constitution on January 15, 2013. The “message of necessity” clause of the NY State Constitution allows the legislature to expedite a vote on a bill bypassing the usual three-day waiting period and bypassing public comment prior to the bill’s passage.
The NY SAFE Act has been criticized by numerous groups including the New York State Sheriffs Association (NYSSA). The main criticisms of the NY SAFE Act are the expansion of the “Assault Weapons” definition under the law and the limitation on magazine capacity from 10 rounds to 7 rounds (This has since been amended and allows 10 round magazines but they can only be loaded with 7 rounds). The law also requires a universal background check of people purchasing ammunition and that persons with a handgun permit be recertified every 5 years.
While some provisions were made to grandfather in existing weapons that were legal under the previous definition of “Assault Weapons” to keep their firearms provided that they were registered with the New York State Police. The law contains a severability provision that allows aspects of the law to remain in effect if any other part(s) of the law is invalidated due to court challenges.
There are currently several ongoing cases challenging the validity of the NY SAFE Act and its reporting requirements for mental health professionals. One of the challenges is by the United States Department of Veterans Affairs and they have stated that they will not follow the provision requiring mental health professionals to report patients. Stating federal laws protecting the privacy of veterans takes precedence over state laws.
The outcry from this piece of legislation has been monumental with many counties and municipalities passing resolutions opposing the NY SAFE Act. This opposition to the provisions of the law is everywhere but in New York City and the surrounding suburbs. Many of these municipal governments are resolving not to enforce the provisions of the NY SAFE Act and refusing to have the municipal seal associated with any enforcement action relating to the NY SAFE Act.
The following is a resolution that was passed by the Town Council of Genesee, New York, and is similar to ones passed in other municipalities across the state:
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 19th day of March, 2013 that the foregoing resolution was duly carried.
Rebecca Torrey,
Town Clerk
A large percentage of law enforcement officers in New York State will not enforce the Secure Ammunition and Firearms Act.
“The rank and file troopers don’t want anything to do with it,” State Assemblyman Bill Nojay (R-Pittsford) said. “I don’t know of a single sheriff upstate who is going to enforce it.
“If you don’t have the troopers and you don’t have the sheriffs, who have you got? You’ve got [Gov.] Andrew Cuomo pounding on the table in Albany,” Nojay noted in The Troy Record. Cuomo signed the law.
Many people are planning to defy the law in addition by not complying with the registration requirements for the weapons classified as “assault weapons” under the NY SAFE Act. This direct opposition of this law is telling the Legislation that New York will not stand for and will oppose any restriction on our rights as protected under the Second Amendment.
Other areas of the country are starting to do the same as the states attempt to further restrict our rights as protected by the Second Amendment they are enacting pro-Second Amendment “Sanctuaries”. Some of these places include Effingham County in Illinois while the resolution does not affect the Sheriff’s department, Sheriff Dave Mahon said he would decide how to handle enforcement of Illinois gun-control law after consulting with the state’s attorney and the legal counsel of the Illinois Sheriff’s Association.
Other counties in Illinois are watching Effingham County to determine if they will pass similar resolutions. Outcry over new Gun Control measures that are being passed is spreading across the nation and this is resulting in some areas starting to take action to oppose these new laws.’
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