Public Safety

RESOLUTION NO. 2013082

RE: OPPOSINS THE PROCESS OF ENACTMENTAND CERTAIN FROVISIONS CONTAINED IMITHIhI TT{E NEW YORK SAFE ACT
Legislators WEISS, FORMAN, HORTON, INCORONATO, KELSEY, and TRAIIDT

offerthe following and nrove its adoption:

WHEREAS, December T4,20t2, inNewtown, Connecticut, was a watershed moment in American

li[e.

The thought that 6 year o14 children were not safe from harm while attending

their first grade class should be a call to action in or.:r society; and WHEREAS, this call to action should start with dialogue among the affected mernbers of our society and should focus on the primary issues revolving aror.md this hagedy, namely school
secruity, mental health and the acce$i to weqnns that are currently available to tlre mentally
and

ill

WHEREAS, shortly thereafter and partly in response to this tragedy, Chapter 1 of the Laws of 2013, krown as the New York Secure Ammtrnition and Firearms Enforcement{NY
SAFE) Act was adopted after minimal public discussion or input fram stakeholders; and

WIIEREAS, the lawfirl ownership of firearms is, and United States, and the
WHEREAS, the

has bee4 a valued tradition in the States

dgha

by th. Second Amendment to the United

Constifution are exsrcised by many Dutchess County Residents; and

sifficant

confroversy

NY SAFE Act (Chapter t of the Laws of 2013) has eagendered over botl the process by which it was enacted and certain provisions

contaiaed withis

iq anil

WHEREAS, the expedited process

of

oraftiag the

NY

SAFE Aot completely Yoik

circumvented the transparency tb*t the residents of Dutchsss Coutty and the State of New

are entitled to with respect to such a ccmplex issue and has resulted in complex policy changes,

many of which have been left up to iatertrxetation; anrl '!ryHEREAS, the passage of the sportsnea and tegal grm owners; and

NY SAFE Act will have a dstimettal effect on hmters,

WHEREAS, the }rIY SAFE Act expressly states that no costs of the law should be bome by the local govenments, honrever many Dutchess County Deparftrrents, such as theDeparhent

of Mental Hygieae, the Deparbent of Community and Fanrily Services, the Dutchess Comty
Cterk and the Dutchess Coudy $heriffs offic
associated with the new requirements

will

e4perience increased workload aud costs

$at the law credes; and

WHEREAS, the United States Supreme Court in the matter of the Dr.srriet af Columbia v'

Heller,554 US 570 (200S) found that an individual's right to keep and bear arms was inherent in
the language of the Second Amendment and ofthe United States Constitution and confirmed that
states and federal districts may not take umeasonable steps

to deny the Second Amendment right

to citizens of the United

States through onerous permitting process; and the United States

Supreme Court in.McDonatd v. Chicago, 561 US 325 (2010) held that the Second Amendment was binding on the States and that the right of an individual to keep and bear arrns was protected

by the

Second Amendment aad incorporated

by the due procsss clause of the Fourteenth

Amendment; and

WHEREAS, there are some areas in the NY SAFE Act Legislation that the Dutchess
County Legislature finds encouraging, zuch as addressing

the primary short

comiags

of the

mental health systern, ttre strengthening of Kendra's Law and Mark's Law, as well as privacy

protections for pistol permit holders, however the legislation negatively irupacts local gun
ownership; and

WHEREAS, the Legislation fails to ofler any mearringful solution to the gun violence
that it was intended to address and places incteased burdens wherE they do not belong, upon law abiding citizens; now, thereforg be

it

RESOLVED, that the Dutchess County Legislature

ol

behalf

of all the people of

will

Dutchess Cowrty strongly encourages members of the New York State Legislature to hold Public

Hearings to address the impact of this new law and the issue of gun violence in a way that produce meaningfiri results; and be it ftrther

RESOLVED, that the Dutchess Couuty Legislature calls upon the New York State
Legislature and Governor Andrew M. Cuomo ts work with Countim to repeal and revise the NY SAFE Act in order to address conc,erns expressed hereiq and be it further

RESOLVED, the Cierk of the Dutchess County Legislature is hereby authorized and
directed to forward copy of this Resohrtion to Governor Andrew-M. Cuomo, Senate Temporary
President Dean Skelos, State Ssnators Greg

Ball and Terry Gipson, Assembly Speaker Sheidon

Silver, New York State Assembllnnembers, Kevin Cahill, Kieran Michael Lalor, Frank
Skmtados and Didi Barret.

STATEOFNEWYORK
COUNTY OF DUTCHBSS
This is to cctify that I, the undersigned Ctcrk of &e legislature of the Comty of Dutchess have compared the forqoilg resolution with the original resrlulioc sorv oo file in $e office of idd dedg and rvhich rrc adopted by uid Lrgislatue on the I le dsy of ltl*ch, 2013, md that the sme is a true and conect lranscript of mid origin*l roolurion and of &e tdole theteof.

IN WITNESS \ilI{EREO}', I hare hereunto

set my hand and seal

of

said Icgisiature dris

i 1c

day of March, 2013.

CAROTYN

iVIORRTS, CLERK OF

THE LEGIST.trIURS