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NY State amends the SAFE Act
Spider7115
Member Posts: 29,704 ✭✭✭
Not good enough but it's a start. Thank God for Senator Seward.
ALBANY, NY (NEWS 10) - The Republican controlled New York Senate has secured a legally binding memo of understanding to amend provisions of the SAFE Act.
"This is a clear victory for Second Amendment rights in New York," said Senator Seward. "While I will continue to work for full repeal of the poorly crafted, over-reaching NY-SAFE Act, this is a significant accomplishment - and constitutes the only modifications that have been made to this law since it was enacted two years ago over my objection."
The MOU signed by New York State Director of Operations James Malatras and Senate Majority Leader John Flanagan suspends a portion of the NY-SAFE Act establishing a statewide database requiring purchasers of ammunition to undergo a background check. The MOU also ends the moratorium on internet sales of ammunition.
"The plan to establish a statewide ammunition database has been fraught with problems since it was first conceived, not to mention it infringes on the rights of lawful firearm owners. I successfully helped shut off funding that was being wasted on trying to establish this database and am extremely pleased that the entire idea will now be abandoned," Seward added.
Seward has also blocked other gun control measures advanced by the state assembly and senate Democrats such as microstamping, mandatory liability insurance for firearm owners, and a ban on .50 caliber firearms, which would include many hunting calibers.
http://news10.com/2015/07/10/reforms-to-safe-act-take-effect/
ALBANY, NY (NEWS 10) - The Republican controlled New York Senate has secured a legally binding memo of understanding to amend provisions of the SAFE Act.
"This is a clear victory for Second Amendment rights in New York," said Senator Seward. "While I will continue to work for full repeal of the poorly crafted, over-reaching NY-SAFE Act, this is a significant accomplishment - and constitutes the only modifications that have been made to this law since it was enacted two years ago over my objection."
The MOU signed by New York State Director of Operations James Malatras and Senate Majority Leader John Flanagan suspends a portion of the NY-SAFE Act establishing a statewide database requiring purchasers of ammunition to undergo a background check. The MOU also ends the moratorium on internet sales of ammunition.
"The plan to establish a statewide ammunition database has been fraught with problems since it was first conceived, not to mention it infringes on the rights of lawful firearm owners. I successfully helped shut off funding that was being wasted on trying to establish this database and am extremely pleased that the entire idea will now be abandoned," Seward added.
Seward has also blocked other gun control measures advanced by the state assembly and senate Democrats such as microstamping, mandatory liability insurance for firearm owners, and a ban on .50 caliber firearms, which would include many hunting calibers.
http://news10.com/2015/07/10/reforms-to-safe-act-take-effect/
Comments
Thanks for the update!
Trinity +++
Anyone have an quick/easy link for the Senator so a out of stater can send a Thanks?
+1
Let's pray that some of that rubs off on our friends in New Jersey!![;)]
Anyone have an quick/easy link for the Senator so a out of stater can send a Thanks?
Here's his Facebook page where you can comment: https://www.facebook.com/senatorjimseward
"No provision of the SAFE Act -including the ban on Internet ammunition sales -- has been rolled back or altered due to this memorandum," Cuomo spokesman Rich Azzopardi said. "This simply acknowledges what has been said previously -- the ammunition sales database will not be prematurely introduced until the technology is ready and it does not create an undue burden for business owners. "
http://blog.timesunion.com/capitol/archives/238404/safe-act-ammo-registry-goes-blank-before-it-started/
"Shelving of the data base was memorialized through a memorandum signed by GOP Senate Majority Leader John Flanagan and Jim Malatras, Cuomo's state operations director."
So it sounds good but it does not change the law. Nor is there any promise to do so. It is an agreement outside the legislative process that Coumo agreed to but did not sign it himself.
Edit - I found the document they all signed.
New York State Senator
James L. Seward
(R, C, IP) 51st Senate District
http://www.nysenate.gov/senator/james-l-seward
The Memorandum, click to download as a PDF:
http://www.nysenate.gov/files/pdfs/MOU%20-%20NY%20SAFE%20Act%20-%2007-10-15.pdf
It is an agreement between the political leaders to put the ammo provisions on-hold for lack of funding, not to drop them from the law.
A good thing, but not a change in law and not good enough.
ALBANY, N.Y. (NEWS10) - The Republican-controlled New York Senate has secured a legally binding memorandum of understanding to amend provisions of the SAFE Act.
The memorandum of understanding, or MOU, was signed by NYS Director of Operations James Malatras and Senate Majority Leader John Flanagan.
Because it is only a memorandum, the law itself has not been changed. It's still illegal to buy ammunition in the state without underground a background check, but because of the MOU, that provision will not be enforced.
"All of this I suppose sends a message," gun rights activist Bob Schultz said.
Schultz is the lead plaintiff of a gun rights group that filed a complaint against the SAFE Act. He said the MOU is a step in the right direction.
But he still has many concerns.
The MOU suspends the rollout of a statewide database requiring people to undergo a background check when guying ammunition.
"After almost three years, they've not been able to put that database in place, so this memorandum of understanding says there'll be no enforcement of that provision of the SAFE Act," he said.
Schultz said background checks on ammunition sales infringes on Second Amendment rights. Sen. James Seward agreed.
In a statement, he said: "The plan to establish a statewide ammunition database has been fraught with problems since it was first conceived, not to mention it infringes on the rights of lawful firearm owners. I successfully helped shut off funding that was being wasted on trying to establish this database and am extremely pleased that the entire idea will now be abandoned."
Sen. Seward has also blocked other gun control measures advanced by the state assembly and senate Democrats such as microstamping, mandatory liability insurance for firearm owners, and a ban on .50 caliber firearms, which would include many hunting calibers.
Schultz believes the MOU proves his case that the SAFE Act is unconstitutional.
"The larger picture, of course, is that it violated the three-day rule," he said. "There was no emergency. What's happening here just proves that they weren't ready."
The lawsuit against the SAFE Act will be argued in the appellate division on September 14.
In a quote included in the press release announcing the MOU, Sen. Seward said the MOU ends the moratorium on internet sales of ammunition, but that was not addressed in the MOU.
NEWS10 reached out to the senator's office for clarification, but he could not be reached for comment.
http://news10.com/2015/07/10/reforms-to-safe-act-take-effect/
http://www.syracuse.com/state/index.ssf/2015/07/cuomo_agrees_to_changes_to_ny_safe_act_regarding_ammunition_sales.html
"No provision of the SAFE Act -including the ban on Internet ammunition sales -- has been rolled back or altered due to this memorandum," Cuomo spokesman Rich Azzopardi said. "This simply acknowledges what has been said previously -- the ammunition sales database will not be prematurely introduced until the technology is ready and it does not create an undue burden for business owners. "
http://blog.timesunion.com/capitol/archives/238404/safe-act-ammo-registry-goes-blank-before-it-started/
"Shelving of the data base was memorialized through a memorandum signed by GOP Senate Majority Leader John Flanagan and Jim Malatras, Cuomo's state operations director."
So it sounds good but it does not change the law. Nor is there any promise to do so. It is an agreement outside the legislative process that Coumo agreed to but did not sign it himself.
Edit - I found the document they all signed.
New York State Senator
James L. Seward
(R, C, IP) 51st Senate District
http://www.nysenate.gov/senator/james-l-seward
The Memorandum, click to download as a PDF:
http://www.nysenate.gov/files/pdfs/MOU%20-%20NY%20SAFE%20Act%20-%2007-10-15.pdf
It is an agreement between the political leaders to put the ammo provisions on-hold for lack of funding, not to drop them from the law.
A good thing, but not a change in law and not good enough.
I did some more research on this. The paper they signed is pretty much worthless.
Repeal that SOB,
NYC? [xx(]
We here in Chemung County, NY are blessed with a sheriff by the name of Chris Moss. He is among those who understand their duty and further understand that the rights of citizens are not to be infringed upon by a liberal NYC bozo. I have it on good authority that Chris and Andy aren't exactly what I'd call friends. Fact is, they're anything but.
I'd be willing to wager that for those who would attempt to enforce Mr. Cuomo's illegal laws it might not be to their benefit to count to ten and assume a magazine change. Just a guess mind you, but a pretty fair guess methinks.
What's most ironic about the governor, his cronies, and his illegal laws is that gun violence abounds in NY City. All the laws in the world can't and won't stop it. Here in the rural areas where firearms are a way of life there's little violence, except in the rotten cores of our smaller cities where we citizens support through heavy taxation the invasion of the lawless from downstate.
Now... All hail King Cuomo!