2nd Amendment

Press release:

Congressman Chris Jacobs (NY-27) introduced the Federal Assault Weapons Licensing Act, legislation designed to put in place additional protections on accessing high-powered weapons.

“We saw firsthand in Buffalo, Uvalde, and countless other communities around our nation that high-powered semi-automatic weapons have the capacity to cause an extreme amount of destruction in a very short amount of time. While the overwhelming majority of Americans who own these weapons are law-abiding, responsible gun owners - the increasing trend of mass shootings with these weapons shows additional safeguards must be placed upon obtaining them. My bill will better ensure these guns do not fall into the wrong hands, while still protecting Americans’ ability to exercise their Second Amendment rights,” Jacobs said.

The Federal Assault Weapons Licensing Act would create a new licensing system for any American seeking to purchase a new assault weapon – anyone who already owns an assault weapon at the time of enactment would be grandfathered in. The licensing process would require an individual to take a mandatory safety course, pass an FBI background check, submit fingerprints, and provide proof of identity. This license would need to be renewed every five years if an individual wants to purchase or obtain additional assault weapons.

If an individual fails to pass a background check at the time of purchase, disqualifying information becomes available, or DOJ finds an individual poses a threat to themselves or others, their license can be withdrawn. Importantly, this bill will also increase the availability of information on criminals that the FBI draws from when conducting a background check. The bill also contains protections for the privacy and constitutional rights of license holders.
The bill also incorporates reasonable exemptions. Like individuals who already own an assault weapon, active-duty military and law enforcement officers would not need a license. Additionally, the legislation allows an individual without a license to use an assault weapon at a shooting range, or for the purposes of hunting, if a license holder supervises. It also allows non-license holders to assume a weapon if it is necessary to prevent imminent death or serious harm to another person.

“My legislation is common sense and provides a straightforward licensing process to ensure those who are purchasing and taking ownership of assault weapons are responsible law-abiding Americans,” Jacobs said. “We can honor and protect our Second Amendment, while also ensuring that dangerous weapons do not fall into the wrong hands. We must do more to ensure the safety of our schools and communities, and I urge my colleagues to join me in sponsoring this legislation."
 

Press release:

Congressman Chris Jacobs (NY-27) released the following statement after voting in favor of H.R. 1808 – The Assault Weapons Ban of 2021.

“Two months ago, following the massacre of 10 people in Buffalo and the horrific killing of 19 children in Uvalde, I announced that I would support an assault weapon ban that stops the further sale and manufacture of AR-15 style weapons – the guns used in these and many other mass shootings. Today, that bill was brought to the floor of the House of Representatives and I voted in favor of it.

I strongly support the Second Amendment and the right to self-defense and have a record of doing so. As Erie County Clerk, I ran our county’s Pistol Permitting Office, issuing over 10,000 pistol permits allowing citizens to avail themselves of their Second Amendment rights. However, what I do not support is easy access to high-powered semiautomatic weapons and large capacity magazines that have time and time again resulted in mass casualty shootings. These weapons have been proven to cause an immense amount of damage quickly - in Buffalo, 13 people were shot – 10 fatally – in less than 3 minutes.

We have a duty to provide for the safety of all Americans. These weapons do not belong in our communities. While this bill is not perfect, I believe it will save innocent lives.

“I want to be clear; this legislation does not call for the confiscation of guns that are already legally owned today. They are grandfathered in the bill. Finally, gun reform is only one piece of solving our nation's gun violence problem. We need to work to increase security at our schools, provide resources to our law enforcement officers, and significantly enhance our mental health infrastructure. Our work is not done until we accomplish these goals as well.

NOTE: It is the policy of The Batavian to publish press releases such as this verbatim.  It's also our policy to do our best to follow Association Press Stylebook guidelines, hence "assault weapons" in quotes in the headline.  "Assault weapons" is part of the bill's title, so it's hard in a case like this to avoid the use.  Here's what AP says about the phrase in its guidance to journalists:

The preferred term for a rifle that fires one bullet each time the trigger is pulled, and automatically reloads for a subsequent shot, is a semi-automatic rifle. An automatic rifle continusouly fires rounds if the trigger is depressed and until its ammunition is exhausted.

Avoid assault rifle and assault weapon, which are highly politicized terms that generally refer to AR- or AK-style rifles designed for the civilian market, but convey little meaning about the actual functions of the weapon.

Press release from Sen. Charles Schumer:

Senate Majority Leader Chuck Schumer (D-NY) today released the following statement on the announcement of a bipartisan gun-safety framework:

 “Today’s announcement of a bipartisan gun-safety framework is a good first step to ending the persistent inaction to the gun violence epidemic that has plagued our country and terrorized our children for far too long. Once the text of this agreement is finalized, I will put this bill on the floor as soon as possible so that the Senate can act quickly to advance gun-safety legislation.

“As the author of the Brady-background checks bill, I am pleased that for the first time in nearly 30 years Congress is on the path to take meaningful action to address gun violence. I applaud Senators Chris Murphy, Kyrsten Sinema, John Cornyn, and Thom Tillis for their leadership in these discussions and the bipartisan group of Senators who worked in good faith to reach this agreement.

“This important legislation will limit the ability of potential mass shooters to quickly obtain assault rifles by establishing an enhanced background check process for gun purchasers under age 21, invest in the adoption and expansion of state red flag laws, close the boyfriend loophole, establish federal penalties for gun traffickers, and fund critical support services to help address our nation’s mental health crisis. After an unrelenting wave of gun-related suicides and homicides, including mass shootings, the Senate is poised to act on commonsense reforms to protect Americans where they live, where they shop, and where they learn. We must move swiftly to advance this legislation because if a single life can be saved it is worth the effort.”

Press release from Sen. Kirsten Gillibrand:

U.S. Senator Kirsten Gillibrand today issued the following statement on the announcement of a bipartisan gun safety deal:

“The bipartisan gun safety announcement is an important step toward tackling the gun violence that plagues our communities, schools, hospitals and places of worship. Throughout my career, I have fought for legislation to strengthen background checks, combat gun trafficking up the Iron Pipeline, close the boyfriend loophole and fund mental health services— I’m grateful that this deal includes many of these important commonsense measures. I am proud of Senator Murphy, Senator Cornyn and the entire bipartisan group that worked together to craft this important package, and I look forward to working with them to get it through Congress and onto the President’s desk.”

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) is slamming proposed legislation (A.9563) that would establish an excise tax on ammunition purchased in the state, costing sportsmen an extra two to five cents per round. These funds would be deposited into a gun violence research fund, and while proponents of the legislation argue hunters and others who enjoy shooting sports should contribute to efforts that mitigate the harm caused by firearms, Hawley argues such a tax would be an unconstitutional, onerous burden that infringes upon the Second Amendment rights of New Yorkers.

“If tomorrow it was proposed that the faithful be made to pay to freely worship, or that anyone who wanted to espouse a controversial opinion be taxed in order to mitigate the consequences of them doing so, such bills would be dismissed with disgrace,” said Hawley. “When we take our oaths of office to protect and defend our U.S. Constitution as state lawmakers, we make a commitment to defend the document in its entirety, so it’s a shame the Second Amendment has become something members of the Majority feel can be consciously ignored in their policymaking. 

“While those in support of this bill argue that taxing ammunition by just a few cents a round does not place a substantive financial burden on sportsmen, the implementation of financial barriers of any kind to exercise constitutional rights sets a dangerous precedent that could enable the nickel-and-diming of our fundamental liberties in the future. This latest attempt to stifle criminality by inconveniencing the law-abiding may be the most dangerous we’ve seen in some time, and I’d encourage this bill’s sponsors to reflect deeply on the implications its enactment could have on the protection of their favored rights within our constitution.”

Press release:

Congressman Chris Jacobs (NY-27) cosponsored the Lawful Interstate Transportation of Firearms Act (H.R. 1680).

“American’s constitutional rights are not confined to state lines – this most definitely applies to Second Amendment rights and American’s rights to travel with their firearm,” Jacobs said. “This legislation implements and strengthens simple but needed protections for traveling gun owners to prevent the prosecution from states or municipalities seeking to erode the rights of law-abiding Americans."

The Lawful Interstate Transportation of Firearms Act (H.R. 1680) expands the Firearms Owners’ Protection Act (FOPA) transport definition. Under this legislation, the expanded definition would include staying in temporary lodging, stopping for food, fuel, vehicle maintenance, emergencies, medical treatment, and any other activity incidental to travel. In addition, H.R. 1680 clarifies that transporting a firearm includes ammunition and detachable magazines.

“Lawful gun owners should be able to make stops incidental to their travel, in the possession of a lawfully-stowed firearm, without concerns that they may face prosecution for making those necessary stops,” Jacobs said. “I am proud to stand for the Second Amendment and the Constitutional rights of law-abiding Americans, and I will keep fighting to uphold them in Congress.”
 

The best thing that can happen when police are dealing with a person who may be a threat to themselves or others is for a friend or family member to take possession of their firearms, Sheriff William Sheron told members of Genesee County SCOPE on Tuesday night at their monthly meeting at Calvary Baptist Church in Batavia.

If that isn't possible, the new "Red Flag Law" is a good tool for local law enforcement to help ensure people who are a threat don't have easy access to firearms.

Going into the meeting, Sheron said he knew that view wouldn't be popular with SCOPE members and some pushed back.

The new law goes into effect in August. It establishes a procedure for a person who believes a person who owns guns has become a threat to seek a court order requiring the person to surrender the guns to local law enforcement.

Sheron said the new law has ample due-process protections built into it and isn't really any different than police obtaining a warrant to search or seize property. The person seeking the order must provide clear and convincing evidence that the gun owner is a threat. The case goes before a supreme court judge -- in Genesee County, Charles Zambito -- who must agree the evidence is clear and convincing. The person who must give up their guns is entitled to a hearing within three to six days and can appeal any subsequent ruling to a higher court.

“Knowing Judge Zambito, he’s not just going to hand over a piece of paper and say 'we’ll take those guns,' " Sheron said, Zambia will want evidence.

The Sheriff's Office has been very successful over the years, Sheron said, in convincing gun owners who are going through a hard time to turn their guns over to a friend or family member for safekeeping until things cool down, or the person is under less stress, and that is still the default option for deputies, he said.

But that isn't always an option, or a person in distress doesn't want to cooperate, or if the deputy does take the guns, without a court order, the Sheriff's Office must give the owner the guns back upon request, even if there is no evidence the issues have been resolved for the gun owner.

In those cases, the ability of a family member, friend or a deputy to seek a court order to have the guns temporarily confiscated, and prohibit the person from legally acquiring guns, is a useful tool.

SCOPE members expressed concern about due process, about care being taken handling expensive guns, about family members who own their own guns getting those taken, and about the law not being applied as Sheron described it.

Sheron did his best to address each concern, reiterating the due process procedures, the courtesy and professionalism of his deputies, that the order only applies to the person named, and that he believes the court process will protect gun owners from overly zealous anti-gun types.

One SCOPE member suggested that the Sheriff's Office practice of letting a friend or family member take temporary possession of firearms violates the SAFE Act. Sheron said he would have to research it more but added, "we do it all the time."

The SAFE Act restricts the transfer of firearms to other people without going through licensed dealers, except for transfers to spouses or children.

Asked after the meeting if the word "transfer" in the act applied only to a change of ownership of the weapon and not giving it to somebody to hold for a period of time, while the original owner retained ownership, Sheron said that is correct.

(SCOPE is the acronym for Shooters Committee on Political Education.)

This year, for the first time, Le Roy High School has fielded a team to compete in trap shooting competitions but if a Downstate assemblywoman has her way, it will be their last.

Assembly Bill 10428 is aimed directly at high school shooting competitions and courses that teach gun safety where students handle weapons. It would prohibit high schools from participating in all such activities.

"This (trap shooting) is what I do so it turned my gut when I heard about it," said Jacob Armitage, a senior at Le Roy, who along with Zachary Boneberg, helped get the team started. "I didn’t like it but some people’s views are different than mine."

The Le Roy team has 10 volunteer coaches, all experienced shooters from Le Roy, and they both practice and compete at Oakta Fish and Game Club on Circular Hill Road in Le Roy. The team is sanctioned by the New York State High School Clay Target League.

Before yesterday's competition, Bill Fox, one of the coaches and local president of SCOPE, told the team members they need to write letters expressing how they feel about the proposed bill so he can distribute them to members of the assembly.

"This is your future," Fox said. "It’s not mine or the other coaches. It’s yours. If you let this happen to you, and it’s been happening over the years, going back 50 years ago or before, they’re just going to keep taking. We can’t allow this to happen."

The bill was introduced by Assemblywoman Linda B. Rosenthal, who represents a district in New York City. The bill would also ban high school archery.

Fox said the kids and their parents need to speak up because Downstate politicians don't care about the interests of rural New Yorkers.

"That’s what they’re ripping apart right now, the Constitution, our Bill of Rights," Fox said. "They think we should live the way they do down in New York City. They just don’t think that anybody should be allowed to carry a firearm at all."

Armitage and Boneberg first proposed the school join the Clay Target League last year and the board was ready to approve it but the team couldn't find a faculty-member coach in time for the season. This year, they had more time to get things together and start the team.

They said they did it because hunting, target shooting, it's who they are.

"It brings us all together," Armitage said. "I don’t play sports, personally. This is what I do. I shoot. I’ve been shooting as long as I can remember. It’s my get-a-way, is the best way to put it."

Boneberg can't compete this year because it conflicts with his commitment to the National Guard but he said he's pleased to come out to the range and see so many kids participating in a team sport they clearly enjoy.

"I thought this was a great thing for the kids," Boneberg said.

The team competes in a conference with six other teams: Alexander, Gouverneur, Marcus Whitman, Midlakes, Taconic Hills, and Webster Schroeder. During the regular season, teams shoot at their home range and scores are tallied by a computer to determine winners. The top teams will be invited to compete in a statewide competition in June.

Other Genesee County teams are Elba and Byron-Bergen, according to the league website.

Thomas Mellon said people who are against high school students participating in firearm sports really don't understand guns or the people who are attracted to the sport and what it can do for them personally and socially.

"It’s just like anything else," Mellon said. "Forget the guns. Forget anything like that. It’s a club. It’s a team, and it brings people together. There are people here, they have nothing else to do. This is what they do. This means a whole lot to them and to us. It’s almost like a family.

"It’s important to us," he added "We feel it promotes character, team building, leadership, and it also teaches us how to properly and safely use guns so there never is an accident.

Mellon has been shooting since he was nine and his father is one of the team's coaches. He emphasized the range is a safe place for everybody there.

"Everyone is starting to believe guns are the problem," Mellon said. "As we're proving here, as you can see, everyone is safe, our muzzles are all down range; we have not had a single safety incident because if you teach someone how to safely and properly use a firearm they are not a danger. Everyone thinks we just need to take them away, but really, you need to teach, everybody needs to know, it’s not a bad thing. It’s not spooky scary."

NOTE: The link to the bill above is actually to the Senate page on the legislation, which allows for public comment.

At yesterday's competition, Genesee County SCOPE presented a check for $662 to the students from Le Roy High School who organized a "Hometown Heroes" project.

The students raised money to buy banners to hang in the Village of Le Roy with pictures and names of Le Roy residents or high school graduates (regardless of hometown) who are serving active duty in the military.

The students researched the project, including determining material and costs and presented the idea to the Village of Le Roy Board, which approved hanging the banners once they're ready.

In the photo are members of the students who participate and SCOPE members. Holding the banner are Courtney and Quinn Kacur. On the banner is a picture of their brother, Reed Kacur.

If gun owners are going to preserve their right keep and bear arms, they're going to do more than just complain about the progressive agenda to confiscate all firearms. So said Second Amendment Attorney Jim Ostrowski at a grassroots meeting of gun rights advocates at the Days Inn in Batavia today.

They're going to need to find allies.

Potential allies include those, he said, who think recreational drug possession should be legal.

"Guns are drugs are the same issue, if you think about it," said Ostrowski, a resident and political activist in Buffalo. "They're both private property."

He said there was a time in this country when there was no thought of restricting either guns or drugs but progressives wanted the power to control other people's lives.

Another potential ally, the #metoo movement. Women should naturally want the right to the self-protection a gun provides, he said.

"What does the government monopoly want a woman do when assaulted?" he said. "Call 9-1-1 where a criminal historian can record the assault."

Native Americans, given the history of government atrocities against them, should also be natural allies of gun rights advocates, he said.

Those whose ancestors were slaves, he said, should also be natural allies of gun rights advocates. He noted that recently progressive historical revisionists have said the only reason early America had militias was to guard against potential slave revolts. He said those who spread that as historical fact ignore the fact that militias existed where there wasn't slavery and that one reason slavery could even survive was that slaves were prohibited from owning firearms. The ancestors of slaves should be among the strongest allies for gun rights advocates, he said.

Among the chief reason to preserve the Second Amendment, Ostrowski said, is because progressives want to take guns away from citizens, which would make it easier for tyranny to take hold in this country.  

While the left wants to disarm citizens, they love a government with guns, he said.

"They love guns so much, they want to be the only one with guns," Ostrowski said.

Among his recommendations for activists is convince schools to start teaching students once again about the Second Amendment, its history and its meaning.

"They don't teach the Second Amendment in school," Ostrowski said. "That's crazy. That's why students are out protesting."

People shouldn't think, he said, the United States is necessarily immune from the potential of tyranny.

"Every race we know about has committed mass atrocities," Ostrowski said. "The whole of history is filled with examples of mass murder by the state. The Framers were well aware of this history, that only armed citizens can protect against tyranny. The Second Amendment works against tyranny. That's why the left so desperately wants the entire civilian population disarmed."

Across the country today protests against gun violence in schools were held in cities large and small, and news reports indicate many high school students joined those protests, dubbed nationwide as "March for our Lives."

There was also a march in Batavia today, organized by local progressives, and more than 200 people turned out -- mostly adults, mostly people age 50 and older.

The idea of high school students grabbing the spotlight in the fight against gun violence began after the Parkland, Fla., shooting where 17 students died and students at that school immediately began speaking out.

On March 14, hundreds of Batavia High School students participated in a national walkout to protest gun violence at schools.

Few of those students turned out for today's event. There were perhaps five or six teenagers in today's crowd.

Batavia HS student Lauren Leone served as the event's emcee and one of the speakers was BHS student Sophia Alkhouri Stuart.

"We are calling all the adults in our country to live up to their responsibility to help protect us from gun violence," Stuart said. "Today as you march, you are marching for life. We need to be united in our commitment to life and to innocent children who are committed to learning. We need to eliminate the ability of those who seek to harm others to get ahold of a gun. This is our time and this is our chance to change the story of our schools."

The other speakers were all adults.

Pastor James Renfrew opened with a short sermon drawing on a parable from the New Testament about a farmer sowing seeds. Renfrew said there were many lessons to draw from the parable, including the importance of listening.

"Listen to our children," Renfrew said. "Listen to their worries and fears. Listen to their thoughts and dreams. In listening, we become the seeds planted in good soil, growing, and thriving and multiplying God’s hopes. As you listen to the voices of children, it becomes the amazing harvest described in the parable."

Most of the signs carried by marchers called for some degree of elimination of guns, such as banning assault rifles.

While not naming the National Rifle Association, Gary Pudup called out those organizations that oppose any and all gun control. 

"There are those who will make false arguments trying to distract us from our goal, a society free of the constant fear of gun violence," Pudup said. "They will say we should simply strengthen background checks when strengthening background checks is meaningless unless the laws behind them are meaningful.

"They will tell us that teachers with guns are the cure for what ails us" -- at which point several people cried out "No." -- "They will tell us that the young man who committed the murders at Parkland was evil as if a 19-year-old was the very definition of evil. Let me give you my definition of evil. Evil is an organization that holds the values of profits higher than the value of children’s lives."

Pudup did praise a group founded in Rochester that is pursuing legislation focused on keeping guns out of the hands of potentially violent people, Moms Demand Action for Gun Sense in America. The organization is backing a bill that would create an "Emergency Restraining Protection Order," which would create a process in court to deny access to guns to anybody who is a threat to themselves or others.

Bethany resident Carol Kistner then spoke and said she had recently joined Moms Demand Action for Gun Sense in America. She was dressed in a camouflage jacket that belongs to her husband and a camouflage shirt that belongs to her father to also represent her family's hunting interest. And the layers of clothing also represented the multilayered problem of gun violence, that the problem is complex and will defy easy solutions, such as just taking away guns.

She said Moms Demand Action for Gun Sense in America is an organization not interested in taking away anybody's guns.

"We recognize and want to preserve this wonderful tradition that my family has enjoyed forever," Kistner said. "Moms Demand Action for Gun Sense in America recognizes that there is a great fear among those who enjoy sports, the sports of shooting and hunting.

"We honor those traditions but our biggest challenge is to get out the word to our rural counties just like this one that we are not against you. We are for you. No one has greater respect for guns and gun safety than hunters and sportsman."

She said it's really up to those who understand guns and gun safety to support sensible action to help reduce gun violence.

She said the legislation the group is backing in New York would provide a process to deny access to guns for people who have threatened suicide, have shown they are violent criminals, or the violently mentally ill.

"Those are three places to potentially remove guns — with due process, of course," she said.

After the speech, the group marched from Williams Park to City Hall chanting slogans such as "Enough is Enough" and carrying their signs.

Top photo: Sophia Alkhouri Stuart.

Carol Kistner

About 70 members of rod and gun clubs in Genesee County were at the Northwoods Sportsman Club in Le Roy this afternoon to fire one shot each at noon to protest the SAFE Act and express support for Rep. Chris Collins' bill to block the SAFE Act at the Federal level.

Both Collins and State Senator Micheal Ranzenhofer were on hand to participate in the "Shot Heard Around New York" event at precisely noon today.

Collins said his bill, the Second Amendment Guarantee Act, has a good chance at passage if it gets out of the Judiciary Committee for a vote on the House floor because the NRA has said it will score the vote if it comes to a floor vote.

Even though New York's SAFE Act is the impetus for the bill, many members of Congress, both Republicans and Democrats, recognize this isn't just a New York issue because their states could also pass bills that violate the Second Amendment.

"I absolutely support the 10th Amendment, states' rights," Collins said. "Some folks have said this is a Federal preemption of sorts, and I’ve tried to remind them what we’re doing here is preventing a state from restricting Second Amendment rights; just like a state cannot restrict First Amendment rights, a state cannot restrict religious freedom, and they should not be able to do as New York has done -- restrict Second Amendment rights."

The bill has not been popular in Albany, Collins said.

"Andrew Cuomo knows this is a real fight because we know how he does things," Collins said. "He threw a tantrum in his office. The report we got back was there were objects being thrown through the area. That’s typical of what we’ve heard of the governor.

"He knows once we get this passed he can sue us all day long, but we’re going to make sure it’s written in a way that we’re simply saying that a state cannot preempt federal law when it comes to restrictions or requirements on long guns."

Ranzenhofer thanks Collins for his efforts.

"Every year issues come before us and we stop a lot of bad legislation from coming through, but we need your help on this particular piece of legislation," Ranzenhofer said. "You know with our governor, he is not going to sign a repeal bill.

"That’s why I’m so thankful that Congressman Collins is leading this fight in Congress because when you can’t do it directly this is the option that we have, doing it at the Federal level and saying 'New York State, this is not going to happen.' "

The newly implemented pistol permit recertification process in New York has guns owners worried about what the state is up to and more than a dozen gun owners attended Tuesday's Public Service Committee Meeting to hear County Clerk Michael Cianfrini update the legislature on the county's role in the process.

In short, the county has no role.

This is a State Police process, Cianfrini said.

Recertification requires gun owners with pistol permits acquired before Jan. 15, 2013 to fill out a form with information about themselves and their pistols and submit it to the NYSP (there is an online form for this). For those gun owners required to recertify, they must complete the application before the end of January, 2018.

The recertification requirement was part of the SAFE Act and it's taken the state these past couple of years to come up with a system for implementing it.

Gun owners don't trust the state or the process, said Bill Fox, president of Genesee County SCOPE (Shooters Commitee on Political Education).

"I don't trust them for the simple reason there is no reason to trust them," Fox said.

For one thing, Fox said it doesn't seem like the state is entirely transparent about the recertification process. He alleges there is a secret mental health database the state isn't disclosing that can be used to deny recertification.

The other criteria the state might use to deny recertification isn't clear, he said.

And if a gun owner is denied recertification, he said, the state can use that denial as an excuse to take all of a person's long guns as well.

"That's written right into the law," Fox said.

Fox indicated it would actually be better if recertificate was handled at the county level.

"That way, if there was a problem, I could just go into Mike and straighten it out," he said.

The process is easier and more transparent in Pennsylvania, Fox said.

Cianfrini said the only role for the county is in assisting gun owners in obtaining records and making sure they're accurate to help make the recertification process easier for the gun owner.

Press release:

“President Obama’s Executive Action to increase background checks and toughen licensing requirements for firearms sales is misguided, ignores the democratic process and is the wrong approach for many areas of the country, including Western New York. While I agree that gun safety is a salient concern, rushing through new requirements and stipulations is contrary to our country’s principles of democracy and populous support.

“It is a poor reflection on our state’s leadership that Gov. Cuomo has praised Obama for abusing Presidential Powers. Gov. Cuomo has a lackluster record on properly vetting important issues as we saw with the SAFE-Act and minimum wage. No executive should be abusing his authority as a way to sidestep a legislature that, in large part, does not support these initiatives.

“President Obama’s actions place a heavy financial and social burden on law-abiding firearm owners in exchange for pursuit of his ideological agenda. Western New York is filled with legal firearm owners who love to hunt, target shoot and buy, sell and trade firearms. Furthermore, rural citizens use firearms for home protection, especially in places where police are many miles away. The founding of our nation and the 2nd Amendment are inextricably linked and should never be suppressed in exchange for one man’s political pursuits.”

Press release from Assemblyman Steve Hawley:

I am deeply disappointed in the decision by the U.S. Court of Appeals’ Second Circuit to uphold the core provisions of the NY SAFE Act. This legislation infringes on the constitutional rights of gun owners across New York State and is clearly unconstitutional. My district alone is filled with thousands of law-abiding citizens with firearm ownership as part of their family’s traditions. This law disrespects their way of life and hinders their ability to defend themselves in the unfortunate event of a burglary or break-in.

“Aside from the facts that this law is arbitrary to a fault and lacks the enforcement mechanisms to make it effective, the process by which it was passed through the Legislature is deeply troubling. The SAFE Act was passed under cover of darkness on one of the first days of the legislative session, and I can attest to the fact that few members of the Legislature had even read the bill before it was voted upon.

"As lawmakers, we are supposed to hold transparency and accountability in the highest magnitude. The SAFE Act was forced through the legislative process with complete and utter disregard for these objectives and should be repealed immediately. I will continue to sponsor legislation that repeals this unconstitutional measure and places integrity above political ambition.”

At Tuesday's SCOPE meeting in Batavia, local veterans were honored by the Honor Flight Network.

Honor Flight Network is a nonprofit organization created solely to honor America’s veterans for all their sacrifices. The group transports veterans to Washington, D.C., to visit and reflect at the memorials of the various wars. Top priority is given to the senior veterans – World War II survivors, along with veterans who may be terminally ill.

Of all of the wars in recent memory, it was World War II that truly threatened our very existence as a nation—and as a culturally diverse, free society. According to the Department of Veterans Affairs, an estimated 640 WWII veterans die each day. Our time to express our thanks to these brave men and women is running out.

John Foy (pictured above), a WWII infantry machine gunner vet of the "Battle of the Bulge," who overcame many obstacles, including sub-zero temperatures, heavy snow at times, and surviving the violent, pounding barrage of artillery.

"Only a very few of us had proper winter clothing," Foy said. "Frozen feet were a big problem and 24 hours a day we were outside and very little time was spent inside a house or shelter."

For a brief moment in history, these men held our nation's destiny in our hands. We did not fail. There are an estimated 16 million vets who fought in WWII and only 1.6 million are left. The average age of that generation is 92.

Pictured below is John Cipolla, paratrooper of the 101st Airborne Division, signing his book for someone.

All vets were honored tonight with a choice of a copper memorabilia coin with their appropriate military service.

SCOPE meets the second Tuesday of each month at the Calvary Baptist Church on Galloway Road in Batavia.

For more information: http://www.scopeny.org/contact-2/chapter_info/genesee-county-chapter/

Press release and photo from SCOPE:

On Tuesday, every SCOPE chapter and committee sent a delegation to Albany to meet with senators and assemblymen. A delegation left Le Roy at 4 a.m. with SCOPE members representing Genesee, Orleans and Niagara counties. Some of the issues that were discussed in those meetings included: Full repeal of the SAFE Act; defunding of the SAFE Act; and uniform pistol licensing requirements across New York State with no additional restrictions added by the local licensing.

Photo: Genesee, Orleans, and Niagara SCOPE delegation meeting with Assemblyman Stephen Hawley at his Albany office for SCOPE Lobby Day.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) continued his fight to restore the Second Amendment rights of his constituents in Albany by pushing for a repeal of the SAFE Act. Hawley helped force a vote on legislation he cosponsors (A.6238) in the Assembly Codes Committee, which unfortunately was unsuccessful. While vowing to continue fighting to repeal the SAFE Act, Hawley noted that his bill was defeated by Downstate, New York City interests.

“I am working hard with my colleagues who cherish the Second Amendment to see the rights enshrined by it restored. We got a vote on legislation that would repeal the SAFE Act, but it was unfortunately voted down by Downstate Assembly liberals,” Hawley said. “They voted to put honest, law-abiding people in jail for exercising their constitutional right to bear arms and protect their families. Their actions have only strengthened my resolve to stand up for the good people of Western New York who should be enjoying their full Second Amendment rights.”

As long as the Assembly is controlled by Downstate liberals, Hawley recognizes that repeal through legislative means is likely dead on arrival. However, he is hopeful that a lawsuit working its way through the court system will find the SAFE Act unconstitutional when it arrives at the Supreme Court. In the meantime, Hawley vows to continue doing his part to restore the Second Amendment through outspoken advocacy and organizing fellow Second-Amendment enthusiasts.

More than 100 gun rights advocates turned out this morning in 20-degree whether at the NYSP barracks on West Saile Drive to protest the SAFE Act.

As expected, Gov. Andrew Cuomo was the target of the protest signs and the speakers' rhetoric, but as it turned out, Cuomo gave the protesters a little extra ammunition when, during a radio interview yesterday, the first-term governor said, “If they are extreme conservatives, they have no place in the State of New York."

More than one speaker mentioned Cuomo's statement and suggested that perhaps it's Cuomo who should leave New York and is the one out of step with the majority of New Yorkers.

Assemblyman Steve Hawley also took Cuomo to task for his statement.

“The governor’s comments about my constituents are offensive and are a Freudian slip, which reveals what he truly thinks of Upstate New Yorkers. He has no right to come to Upstate New York and call himself governor when he has such obvious disdain for its people,” Hawley said. “The majority of Upstate New Yorkers are pro-Second Amendment and believe in traditional family values.

"If the governor does not think the good people of Upstate New York have a place in New York, he seems to be doing a good job of driving our families out of the state with his highest-in-the-nation taxes and infringements on our rights.”

Cuomo's apparent lack of fondness for the people of Upstate New York is yet another reason, Hawley said, for supporting his call for a voter referendum on dividing New York into two states.

For more on Cuomo's statement, see this Buffalo News article.

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A police officer doesn't always need to write a ticket after making a traffic stop, nor does an officer need to arrest somebody suspected of violating the SAFE Act, Sheriff Gary Maha told members of Genesee County SCOPE at a packed meeting Tuesday night.

Maha said he's obligated under the oath of his office to uphold the law and if the Sheriff's Office receives a complaint about a possible violation of the SAFE Act, a deputy is required to investigate the complaint. It will be up to the deputy to decide whether an arrest is in order.

"An officer has the ability to exercise discretion and that's what we're going to do in Genesee County," Maha said.

His comments prompted applause from SCOPE members.

Maha, along with County Clerk Don Read, Assistant District Attorney Will Zickl and Undersheriff William Sheron were guests of SCOPE at its regular monthly meeting.

Zickl opened the discussion by recapping a recent court decision by U.S. District Court Judge William M. Skretny upholding much of the SAFE Act, or as Zickl called it repeatedly, "the so-called SAFE Act," and overturning others.

Skretny ruled the ban on assault rifles constitutional but threw out the limit on seven rounds in a magazine.

Zickl said the ruling was full of flawed logic.

"I hope there is some other court somewhere who tells him so," Zickl said.

The ruling only applies to the jurisdiction of Skretny's court, which is Western New York.

Read spent some time discusing a provision of the SAFE Act that requires all pistol permits to be recertified every five years.

The process, especially the first time around, is going to be burdensome and bureaucratic and to help get a jump on the process, the state is going to start sending out letters to pistol permit holders soon telling them to apply immediately for recertification. The first pilot project will begin soon in Albany County.

However, what the letters won't tell the holders, nor will any other state literature on the topic, Read said, is that recertification isn't required until 2018.

Read said he doesn't know what the state will do if permit holders simply don't respond to the early recertification request.

The state recently contacted all county clerks and asked if the clerks would like the county seal placed on letterhead sent to pistol permit holders informing them of the recertification process. Read said he told state officials no, but he and other county clerks are concerned the state will use county seals anyway.

Courtland County's Legislature has approved a resolution telling the state not to use its seal. Ray Cianfrini, the new chairman of the Genesee County Legislature, told SCOPE members that the local body will take up a similar resolution and he expects it to pass easily.

That brought another round of applause from SCOPE members.

SCOPE President Bill Fox raised a concern about a provision in the law that would require any pistol permit holder who loses his or her permit for any reason to turn in to State Police all of his or her guns, even rifles and shotguns.

"It's like a backdoor to take away the rest of your guns," Fox said.

Zickl said, "It's a very substantial and very troubling amendment to the law," adding, "you don't have to be too paranoid to be worried about that section of the law."

During his remarks, Maha noted that the governor proudly trumpeted a few weeks ago that so far there have been 1,291 arrests under the SAFE Act in New York.

"What he doesn't tell you is 1,029 were made in New York City," Maha said.

There have been no SAFE Act arrests in Genesee County, Maha said, and only a couple in the neighboring rural counties.

"The law doesn't make sense for Upstate," Maha said. "It was written by the people in New York City who don't know anything about guns because all they know is Downstate and down there guns kill people, so guns are evil. That's not true for us. We were brought up with guns. We hunt with them. We shoot targets with them, but that's not true if you're in New York City."

Sheriff Gary Maha, County Clerk Don Read and Assistant District Attorney Will Zickl.

A hand raised above the crowd during a Q&A portion of the meeting.

Bob Wilson asked a couple of questions, including asking why Genesee County doesn't secede from the rest of New York. Ray Cianfrini, chairman of the Legislature, encouraged SCOPE members to support Assemblyman Steve Hawley's bill, which Hawley introduces every year, calling for a referendum on splitting New York in two. When the question was repeated, Cianfrini said, with a touch of a smile, "I don't think Genesee County will be seceding by itself."

Also, tomorrow, on the one year anniversary of the SAFE Act becoming law, one member of SCOPE said everybody who supports repeal of the SAFE Act should call the governor's office tomorrow and respectfully request the SAFE Act be repealed. The governor's office phone number is (518) 474-8390.

Whatever illusion Gov. Andrew Cuomo might have once had that opposition to the signature piece of legislation during his term would eventually fade away should be largely dispelled after a day like today.

Throughout New York today gun owners gathered at gun clubs to fire a single shot in protest at precisely noon in what was dubbed by organizers as "The Shot Heard Round New York."

More than 80 gun owners turned out at the Northwoods Sportsman Club on Gulf Road in Le Roy. There was also a protest in Batavia at Godfrey's Pond.

"I think it's huge that people took the time, in the rain, to come out and protest this," said Christina Marinaccio, who helped organize the event at Northwoods.

Sen. Mike Ranzenhofer and Assemblyman Steve Hawley participated in the protest.

"I thought it important to show solidarity with SCOPE and these hunting groups that are so opposed to the SAFE Act, as am I," Ranzenhofer said. "We're very dissatisfied, not only with the law itself, but the way it's been implemented."

Both Ranzenhofer and Hawley said Cuomo badly miscalculated when he rammed the unconstitutional gun control legislation through on the backs of support from Downstate interests. He clearly didn't understand how seriously the majority of Upstate New Yorkers take the U.S. Constitution.

"We're talking about the Constitution of the United States of America and as far as I know, New York is part of our country," Hawley said. "The SAFE Act was excuted last year under the cover of darkness and excluded every single New Yorker from having a discussion about the act. The papers were still hot off the presses when the Senate voted on it and we voted on it the next day.  We're run by New York City in this state and apparently those that are from Downstate choose to ignore the Constitution."

Ranzenhofer said his constituents find the legislation insulting.

"The comment I hear all the time is you're taking people who are law-abiding citizens and labeling them as criminals, and they're very offended by that," Ranzenhofer said. "These are people who have lived, and paid their taxes, here in Genesee County and across the state their whole lives. They're very upset."

One of the participants, John Marinaccio (Christina's brother), said the protest does send an important message to everybody in the state.

"We're able to unite all these people with a common interest and show everyone else out there why it's so important to us," Marinaccio said. "We feel that by rallying together like this we're proving that to people."

Christina said there is a direct problem with the SAFE Act that's going to hit the club.

"Our youth program is core of this club," Marinaccio said. "We're struggling right now because we won't be able to provide ammunition for our kids once the SAFE Act's provisions for background checks on ammunition goes through. It's really going to be a big hit for us because we really built up the program by offering the kids a chance to come down here and shoot for free."

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) recently highlighted the newest problem with Governor Cuomo’s overreaching gun control law as another reason to repeal the measure. The State Police have confirmed that they will not begin tracking ammunition background checks and purchasing history on Jan. 15 as planned, due to their inability to compile a proper recording system by that time. Hawley pointed to the hang up as further proof that the bill was irresponsibly rushed into law.

“The SAFE Act was forced through so hastily that its authors didn’t even properly consider its impact on the very law enforcement agencies charged with upholding it,” Hawley said. “It is disturbing to think that this would be handled with such little care that a deadline for enforcement would be imposed that our own state police couldn’t be reasonably expected to meet.

"Between all of the amendments, corrections and corresponding protests from law-abiding gun owners, it could not be more clear that the SAFE Act must be repealed. As a co-sponsor of legislation to do just that, I will continue to fight for our constitutional rights and responsible measures to truly strengthen the safety of our communities.”