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The Best Gifts from Schoharie County

Showing posts with label SAFE Act. Show all posts
Showing posts with label SAFE Act. Show all posts

Schoharie Supers Split on New Pistol Permit Position

Written By Editor on 3/19/17 | 3/19/17


Due to SAFE Act Mandates

The County Board split on whether to hire another clerk to process pistol permit paperwork. Due to new state mandates under the SAFE Act, an employee of the Sheriff’s Department has worked overtime to process them.

Supervisor Larry Bradt of Carlisle made a motion to hire another clerk at the Sheriff’s Department to aid in this process. This would be a six month, part time position with no benefits or health insurance. Supervisor Chris Tague of Schoharie asked for a roll call vote.

Supervisor Pete Coppolo asked if Sheriff’s Department correctional officers could work on some of the paperwork. Sheriff Desmond said that the County is already working with the minimum number of COs recommended by the NYS Corrections Commission.

Supervisor Bill Federice of Conesville gave statistics from the Finance Committee. He said that the person working overtime is doing one hour per week.

Supervisor Phil Skowfoe said that there is a long wait already. “You have to wait for them to call,” he said, adding things would go faster. Federice asked if it was due to the pistol recertification process. Supervisor Skowfoe asked for the Sheriff’s opinion. Sheriff Desmond said some people have pistol permits so old that they are now illegible or lost. Residents often come to the County if they lost or can’t read their permit number. “This thing is a total mess,” he said. “I don’t feel the lady working overtime is the proper solution to correcting this problem.”

Supervisor Dave Simkins of Broome asked if the County could bill the state for the time. Chair VanWormer said no.

Supervisor Tague called for a roll call vote. Voting no were Supervisors Bates of Seward, Coppolo, Federice, Hait of Jefferson, Tague, and Vroman of Summit. The measure passed by the weighted vote of 1818-1156.

Supervisor Bradt said there was action at the State Legislature regarding the SAFE Act. Senator Seward co-sponsored a bill to nullify the act outside of New York City. “If they want it down there, they can have it,” he said.

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Cuomo Calls for National Gun Control at Aide's Funeral

Written By Editor on 9/26/15 | 9/26/15

Governor Cuomo stepped into the national gun control debate this week at the funeral of his attorney Carey Gabay. Gabay was struck by a stray bullet during celebrations of the West Indian Day parade in Brooklyn.

Cuomo stated that he considered asking the Pope about why Gabay died, but was compelled not to due to his faith in God. Reuters covered the funeral, in which Cuomo also called for a national effort to reduce gun violence through much broader gun control.

 Cuomo told the assembled, "It's not enough for New York State to pass a gun law and close the front door when the guns are coming in the back door, when the guns can come up from Virginia or South Carolina for anyone willing to take a car ride."

Cuomo also described what he called "rampant violence" in poorer communities and those of people of color.

Earlier this month the Governor also spoke about Gabay's shooting, which was covered by the Times Union. "I can't pass a tougher law than we did or a smarter law than we did," he said.

Lawsuit Alleges State Illegally Using Confidential Data for SAFE Act Confiscation

Written By Editor on 1/1/15 | 1/1/15

A lawsuit is alleging that the state is using its authority under the SAFE Act to illegally target gun owners. Under one provision of the law the state is using data from medical professionals to construct a state database of at risk residents, as reported yesterday.

A federal class action lawsuit led by Donald Montgomery claims that such data is being compiled illegally. The suit occurred after Montgomery had his guns seized after checking into a Buffalo hospital for trouble sleeping. This happened despite him being both a retired law enforcement officer and veteran.

Montgomery is suing Governor Cuomo and several other state officials for what he believes is an unconstitutional law. His lawsuit alleges that the state compiles data from medical professionals without a subpoena and without knowledge of the person whose information is being shared. This is in conflict with years of medical confidentiality. The plaintiff calls this a "gross overreach."

The lawsuit also alleges that the number of people listed as being unfit to own guns has been called "too low" by Governor Cuomo in October.

The suit alleges that the law unfairly punishes patients for voluntarily visiting mental health professionals, especially targeting former military and police.

If Montgomery et al wins the lawsuit, the portion of the SAFE Act dealing with such mental health provisions will be overturned.

Text of the lawsuit can be found below.

NYS Flags 35 Schoharie County Residents for Gun Confiscation, Denial Under SAFE Act

Written By Editor on 12/31/14 | 12/31/14

One of the parts of the SAFE Act that is being actively enforced is the provision that those deemed mentally unfit by the state will not be able to own guns. This includes both non-owners that will be denied access to purchase firearms and current owners that will have their firearms confiscated.

According to records from New York State, compiled by Syracuse.com there are thousands statewide on a do-not-sell list and 278 current gun owners intended for confiscation.

There are currently 35 Schoharie County residents on the list for being referred to the state for mental illness by medical professionals. Of these, two are current gun owners that, if the law is enforced, have their firearms taken by police.

The names of the residents have not been released and there have been no reports of confiscation as of this date. The Schoharie County Sheriff's Department has already stated that it will not enforce the SAFE Act, passed two years ago.

SAFE Act Remains Unpopular

Written By Editor on 6/5/14 | 6/5/14


Almost eighteen months after the controversial passage of Governor Andrew Cuomo's signature "NY SAFE Act" legislation, opposition remains strong across significant portions of Upstate New York to the gun control law, with emotions running particularly high in Schoharie County. 

Since it was signed into law, the NY SAFE Act has been the target of two Board of Supervisors resolutions; several displays of citizen protest; verbal assaults from politicians representing both political parties, and most recently, dozens of pointed yard signs dotting the local landscape.


From the Village of Middleburgh to the Town of Seward and every community in between, these signs are being proudly displayed on the yards of residences and highways, signifying the continued resolve of local voters to the unpopular law, even a year and a half since it was passed.

Mr. Cuomo, who came within thirty votes of carrying Schoharie County in the 2010 Gubernatorial election, is likely to cede large swaths of Upstate New York to Republican Rob Astorino because of the law this fall, but as of the latest poll - is leading his challenger by thirty points statewide. 

Still many residents share County Sheriff Tony Desmond's sentiment that the NY SAFE Act is, "another step toward total gun control," and as such, public opposition is likely to remain substantial for years to come. 

Desmond: SAFE Act is "Another Step Toward Total Gun Control"

Written By Editor on 4/21/14 | 4/21/14


Schoharie County Sheriff Tony Desmond had plenty to say about the controversial SAFE Act at the April county board meeting held on Friday afternoon, but none of it was good for Governor Andrew Cuomo's signature piece of legislation that has faced stiff resistance across Upstate, New York.

Telling Supervisors that the measure is, "another step toward total gun control," Sheriff Desmond remained firmly in opposition to the unpopular restrictions. He would later go on to add that the department has not been questioning local citizens on whether they possess assault weapons as deemed illegal by the state, remarking that they, "don't have the time for that."

The Sheriff was invited to address the issue by Carlisle Town Supervisor Larry Bradt when a previously scheduled speaker was unable to attend the board meeting. Mr. Bradt has led legislative efforts opposed to the law since its conception and commented publicly Friday that, "the Sheriff's Office will not be going door to door," to enforce its restrictions.

Concluding his comments on the matter, Sheriff Desmond reminded the public and supervisors alike that, "Schoharie County is a little different than Schenectady, Albany, or Troy," whereas they are use to crime on a regular basis, we know how to both use and respect firearms in our rural confines.




SAFE Act-Compliant ARs Now Selling

Written By Editor on 2/10/14 | 2/10/14

Upstate gun stores are now selling guns that are compliant with the letter of the SAFE Act, although not with the spirit. Multiple vendors are now stocking the specially-milled weapons that have been painstakingly created to comply with the 2012 law. According to the Times Union, the new guns are nearly as effective as the old, but are missing some features.


Lawmakers and others who opposed the law say it's an example of how economics, along with a bit of imagination and tinkering, are prevailing over what they see as a hastily crafted law. 
"The industry is starting to respond to the market," said Rochester-area Republican Assemblyman Bill Nojay, a vocal opponent.
With such weapons now available and the 7-round mandate struck down by a judge, the effective lifespan of the SAFE Act might be on life support.

County Board Denies New York State Permission to Use Seal, Name and Offices in Enforcement of SAFE Act

Written By Editor on 12/21/13 | 12/21/13


The Schoharie County Board of Supervisors, joining several other county boards and legislatures, voted 11-3 yesterday morning to deny New York State permission to use the Schoharie County seal and name in enforcement of the so-called "SAFE Act," in a resolution introduced by Town of Carlisle Supervisor Larry Bradt.
 
Discussion of Mr. Bradt's resolution was kicked off when Town of Esperance Supervisor Earl Van Wormer put on a hat with an AK-47 in the background that read "come and get it." He wore the hat while praising his colleagues' pro-second amendment efforts, which led to the Board taking the resolution out of order.
 
Mr. Bradt would then read the resolution in its entirety:
 
Whereas, the State of New York has passed a gun control law referred to as the SAFE Act, and
 
Whereas, this act clearly indicates that the enforcement of this law is the responsibility of New York State, and
 
Whereas, in recent discussions, the State has indicated an interest in using the Seal of Schoharie County and the names of the offices of the Schoharie County Sheriff in pistol permit recertification notices, and
 
Whereas, the County Sheriff has voiced his strong objection to this request and suggestion, now, therefore, be it hereby
 
RESOLVED, that the Schoharie County Board of Supervisors denies the State of New York permission to use the Name, Seal of the County or any other likeness of it, Sheriff's Office Logo, letterhead or address for purposes of correspondence with legal and registered gun owners regarding permit recertification or any other purpose associated with the SAFE ACT, and it be further
 
RESOLVED, that copies of the resolution should be transmitted to the office of the Governor of New York State, the Superintendent of State Police, NYS Senator James L. Seward, Assemblyman Peter Lopez and the legislature of every County in the State of New York
 
Sheriff Desmond, who was asked to speak by Mr. Bradt, called the SAFE Act "a thorn in the Sheriff's department since its enactment." Adding that it is nothing but "more harassment of law abiding gun owners," and that he doesn't want to be "any part of this." The Sheriff also voiced his dismay over the SAFE Act's recertification process that will require residents, some of whom have had pistol permits for forty, fifty years, to recertify their legally obtained pistols with the Sheriff's Department.
 
The Board would follow Sheriff Desmond's comments with a roll call vote that would result in the resolution's passage. Two supervisors, Robert Mann of Blenheim and Donald Brandow of Conesville were absent, while three voted in opposition: Anne Batz of Broome, Carl Barbic of Seward and Amber Bleau of Wright.

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