by Kieron Kramer
The dominant theme at the Rensselaer County Legislature’s meeting on Tuesday, February 12, was the opposition to the NY SAFE Act enacted by the NYS Legislature on January 15 of this year. [private]The NY SAFE Act expands the definition of banned assault weapons, restricts any magazine from holding more than seven rounds (the limit up until this act was signed into law had been 10 rounds), institutes a stringent registration of grandfathered assault weapons and of the selling of ammunition, mandates the use of universal background checks for gun purchases and increases penalties for illegal gun possession. The NY SAFE Act also includes funding for school safety improvements and requires that mental health professionals take steps to prevent their patients from getting firearms.
The gallery of the Legislative Chamber was filled to capacity by the East Greenbush Blue Devils Pop Warner Football team who were attending to receive copies of the resolution recognizing their athletic achievements and an almost equal number of gun rights advocates – perhaps spillovers from the rally earlier in the day in Albany – who heard that the Rensselaer County Legislature was considering a resolution affirming support for the Second Amendment of the U.S. Constitution.
The resolution says, “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’…The New York State Legislature has recently adopted legislation 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…This legislation was approved with scant public notice, very little public debate or review by State Lawmakers…As New York State already has some of the toughest gun legislation in the Country, including the Sullivan Act, and concerns have been voiced that this legislation will not improve public safety in the state…Additionally, Federal Lawmakers and the President are considering legislation or executive orders that would infringe on the Second Amendment…This legislation will affect the rights of the many law-abiding gun owners in Rensselaer County and New York State who are granted the right to keep and bear arms under the Constitution; and…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 .”
To read the NY SAFE Act go to http://open.nysenate.gov/legislation/bill/s2230-2013. To see the summary of the legislation and what it actually tries to accomplish go to the Governor’s website (www.governor.ny.gov/2013/gun-reforms). To get the answers to frequently asked questions about the legislation go to www.governor.ny.gov/2013/gun-reforms-faq.
There were six speakers supporting the resolution, one of whom was NYS Assemblyman Steve McLaughlin. His comments were less shrill and contradictory than those of the other speakers opposed to gun control in what is really a complex debate about the relationship between government and the individual – a debate that has been ongoing since the beginning of the republic. McLaughlin said that “there was no debate on the Act in the [NYS] Senate” and then proceeded to describe that after the NYS Senate had passed the bill the Assembly began discussing it at 11 pm and then resumed the next day with a total of 5 hours of debate. It passed because “the Assembly is controlled by downstate people who wanted this to happen,” he said. But don’t “downstate people” represent New Yorkers, too? “The process that took place is as disgusting as the bill,” he added. He said that whether you are for gun control or not you should be outraged by the process. Well, it’s not unreasonable to question Governor Cuomo’s motives in rushing this bill through. And, in a phrase that was repeated several times by these speakers, McLaughlin said, “This is a God given right.” Is he confusing a burning bush with a Bushmaster? And didn’t the Continental Congress write the Second Amendment?
In another recurring theme, Kevin Madigan from Melrose said, “The Second Amendment is a means for the populace to protect itself against government.” Will these folks really turn their guns on those empowered by the government to protect society – law enforcement officers, whom they so fully support, or the military, whom they cherish? All during this time a petition was being circulated in the gallery encouraging County Sheriff’s Deputies to arrest any Federal or State officer who was trying to enforce the State’s or the Federal Government’s gun control provisions.
The resolution affirming support of the Second Amendment passed 14-4 along party lines. The comments by the County Legislators were measured. Republican Legislator Alex Shannon of Nassau said, “The State already had the strictest background checks in the nation; we all want background checks.” The NY Safe Act is “redundant,” he said. Chairman of the Legislature Republican Martin Reid said that Governor Cuomo frequently cites NYS Governor Al Smith. Reid said that Smith after the New York City Shirt Factory fire “in which many people died pulled together unions and owners; it was a thoughtful plan and a thoughtful process.” There should have been public hearings and involvement he said. “When we rush legislation many mistakes are made,” he concluded. Perhaps he was referring to the fact that law enforcement was not excluded from the 7 round magazine stipulation. This omission could easily be corrected by amendment as could even the definition of an assault weapon. The Democratic Leader Peter Grimm of Troy explained why he would vote against the resolution. The Safe Act is not against the Constitution, he said. “It is not about the right to bear arms but about who is to bear arms; it’s about safety,” he summed up.
Additional 1% Sales Tax To Be Extended
At this session the Legislature passed a resolution requesting the introduction of legislation by the New York State Senate and Assembly extending the imposition of an additional one percent sales tax. According to the resolution, the local share of sales tax was increased by one percent in 1994 in order to pay for the increasing costs of State mandated programs while stabilizing finances during a period of economic downturn. “Current economic factors threaten the fiscal well being of all levels of government, including the County of Rensselaer,” the resolution says. The additional one percent local share of sales tax in Rensselaer County will expire November 30, 2013, unless extended by State legislation. Extensions have been a continual process about every three years since 1994. The resolution asks that the additional one percent local share of sales tax in the County of Rensselaer be extended for the period commencing December 1, 2013, and ending on November 30, 2015. This resolution passed 17-1 with Grimm opposed.
A document produced by the Legislature and based on the 2013 budget says that the impact of losing the extra one percent sales tax would mean a loss of revenue for Berlin of $54,678, for Grafton of $71,536, for Hoosick $90,128, for Hoosick Falls $48,323, for East Nassau $14,682, for Petersburgh $41,785, for Poestenkill $117,396 and for Stephentown $92,714. The loss of this revenue would greatly impact the budgets of these towns, adversely affecting property taxes. Reid said, “We’ve been through this before; it provides revenues to help alleviate property taxes” although it may hurt new businesses.
More Money For DWI Checks
The Rensselaer County Director of Special Traffic Operations has been advised by the New York State STOP-DWI Foundation that Rensselaer County STOP-DWI will receive one time funding in the amount of $65,820 of which $13,667 will be utilized for the fiscal year 2012 and the remaining $52,153 will be utilized for fiscal year 2013. This funding will provide DWI crackdown enforcement through saturation patrols and checkpoints on the 2013 New York State recognized DWI Crackdown dates. A resolution passed on Tuesday amends the contracts with local police agencies for those agencies to perform the additional enforcement activities for the contract period from February 1, 2013, to December 31, 2013. The Village of Hoosick Falls Police force will see its budget for these activities rise from $3,000 to $9,000.
Fire Advisory Board Appointments
Ten County residents were appointed to the Rensselaer County Fire Advisory Board. Rowland McClave, III from Stephentown and William Bradway of East Nassau were appointed. No other people from the Eastwick towns were appointed.
New Legislator Appointed
The Legislature appointed Kelly Hoffman of North Greenbush to a vacant position in District 2 to replace Republican Louis Desso, who left the Legislature to take a position with the Rensselaer County Department of Mental Health. She was sworn in by County Clerk Frank Merola and signed the oath book at the beginning of the session. Her public service career began with an internship with Assemblyman Neil W. Kelleher, and she was hired to work in Kelleher’s office following the internship.
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