By John Addyman
WayneCountyLife.com
LYONS,
NY (JAN 28 13) – Wayne County Sheriff Barry Virts attended a three-day
conference with 52 other New York State county sheriffs last week. The subject:
New York’s new Secure Ammunition and Firearms and Enforcement Act of 2013,
better known as the “SAFE Act.”
Virts
said he had a “strong leadership role” in the preparation of the sheriff’s
conference position paper, and outlined the outcome of the discussions in a
press statement this afternoon.
New
York’s new gun control law was put together rapidly in the wake of recent mass
shootings and Virts noted that he and other sheriffs are concerned that more
work may be needed in six areas:
· Assault
weapon ban and definition of assault weapons
· Inspection
of schools by state agencies
· Reduction
of ammunition magazine capacity
· Five-year
recertification of pistol permit status and registration of existing assault
weapons
· Sale
of ammunition
· Law
enforcement exemptions
And at the
end of his statement, Virts and the sheriffs wonder out loud if the legislature
acted with undue haste without careful-enough consideration of constitutional
issues.
Virts described each element of the new law, then
highlighted his position “in concurrence with all 52 sheriffs in attendance”:
Restriction
on Freedom of Information Law requests about pistol-permit holders
By granting citizens the option of having their names and
addresses withheld from public disclosure, the new law does provide a mechanism
to allow people to decide for themselves whether their personal information
should be accessible to the public.
“I
believe, however, that no one should have to explain why their personal
information should remain confidential,” Virts wrote. “A better procedure, I
believe, is simply to exempt all this personal information from FOIL
disclosure.”
Killing
of emergency first responders
The new
law makes killing of emergency first responders aggravated or first degree
murder, enhancing penalties for this crime and requiring life without parole.
“First
responders need this protection, evidenced all too often by attacks on them
when they attempt to provide help, and in special recognition of the terrible
attacks on two firefighters in Webster and attacks on first responders in
Jefferson County.”
Requirement of NICS checks for private sales (except between immediate
family).
“I
believe that this will ensure that responsible citizens will still be able to
obtain legal
firearms through private transactions, with the added
assurance that private buyers are
approved by the federal National Instant Criminal Background
Check System. I remain
concerned that this provision will be very difficult to
enforce and will likely only affect
law-abiding citizens,” Virts wrote.
Comprehensive
review of mental health records before firearms permits are granted and review
of records to determine if revocation of permits is required
Sheriffs
believe that there is an urgent need to increase funding for mental health
care. The new law imposes reporting requirements on many mental health care
professionals and others who may make a determination that a person is a danger
to himself or others.
The law further gives needed authority to courts or others
who issue firearms permits to
deny permit applications or to revoke permits already
issued.
“I
believe that this issue demands a much more full and detailed discussion about
how to keep guns out of the hands of such people. The Sheriffs of New York want
to pursue these issues with the Governor and the State Legislature.”
Safe
storage of firearms
The new
law provides that guns must be safely stored if the owner lives with someone
who has been convicted of a felony or domestic violence
crime, has been involuntarily
committed, or is currently under an order of protection.
“I agree
that firearms owners should have the responsibility to make sure that their
weapons are safeguarded against use or access by prohibited persons,” Virts
said. “The new law adds these protections to ensure that weapons are safely and
securely stored.”
Increased penalties for illegal use of weapons
The new
law adds several increased sanctions for violation of New York gun laws and
creates new gun crimes which did not previously exist. These
new provisions will provide added tools for law enforcement to prosecute such
crimes.
“I
further believe that the new provisions should help deter future misuse of
firearms. The Sheriffs’ Association also suggests that the legislature consider
limitations on plea bargaining for all gun crimes.”
But
Virts believes the new law didn’t go far enough in six areas, and perhaps too
far overall.
Assault
weapon ban and definition of assault weapons
“I
believe that the new definition of assault weapons is too broad, and prevents
the possession of many weapons that are legitimately used for hunting, target
shooting and self-defense. Classifying firearms as assault weapons because of
one arbitrary feature effectively deprives people the right to possess firearms
which have never before been designated as assault weapons. I am convinced that
only law-abiding gun owners will be affected by these new provisions, while
criminals will still have and use whatever weapons they want.”
Inspection
of schools by state agencies
The new
law transfers to state agencies the responsibility to review school safety
plans.
The Sheriffs’ Association expects that funding will be
transferred to these state agencies to implement safety proposals. Sheriffs and
local police provide this service in all parts of the state and can perform
these duties efficiently.
“As the
chief law enforcement officer of the county, sheriffs are in the best position
to know the security needs of schools in their own counties,” Virts said, “and
the state should help to fund these existing efforts by Sheriffs and local
police departments to keep our schools safe.
“Because
sheriffs and local police are already deeply involved with school safety plans,
have developed emergency response plans, and are familiar with structural
layouts of schools in their counties, they should be included along with state
counterparts in any effort to review school safety plans.”
Reduction
of ammunition magazine capacity
The new
law enacts reductions in the maximum capacity of gun magazines.
“I
believe, based on my years of law enforcement experience, that this will not
reduce gun violence. The new law will unfairly limit the ability of law‐abiding citizens to purchase firearms
in New York. It bears repeating that it is our belief that the reduction of
magazine capacity will not make New Yorkers or our communities safer.”
Five-year
recertification of pistol permit status and registration of existing assault
weapons
The new
law delegates to the State Police the duty to solicit and receive updated
personal information of permit holders every five years in order to maintain
these permits. Further, the law requires owners of certain existing firearms
now classified as assault weapons to register these with the State Police
within one year.
Virts
said the recertification and registration “conflict with sheriffs’ duties
regarding issuance of pistol permits. All records should be maintained at the
local, and not the state level. This information should be accessible to those
who are responsible for initial
investigation of permit applications. Pistol permit
information should be maintained in
one file at the local level, and forwarded to a statewide
database for law enforcement
use. It bears repeating that it is my belief that pistol
permit and any registration
information required by the law should be confidential and
protected from FOIL
disclosure.”
Sale
of ammunition
The new
law imposes several new provisions regarding how, and from whom, ammunition can
be lawfully purchased.
Virts
believes the law “should be clarified about the use of the Internet as a
vehicle
for these sales, out‐of‐state sales to New York residents,
and other issues. Businesses have said that they do not understand the new
provisions and are concerned that they will have to cease operations.”
Law
enforcement exemptions
The new
law has many provisions that might apply to law enforcement officers and there
has been much confusion about whether existing law enforcement exemptions
continue to apply.
“I
understand that the Governor and Legislature have already agreed to review and
modify these provisions where necessary, and the Sheriffs want to be part of
the discussion to make the changes effective. Additionally, the exemptions
should apply to retired police and peace officers, and to others in the employ
of the Sheriff and other police agencies who perform security duties at public
facilities and events.”
A
Note of Caution
Finally,
Virts and the Sheriffs’ Association raised a note of caution about the passage
of the bill itself.
“It is the view of the Sheriffs’
Association that anytime government decides it is necessary or desirable to
test the boundaries of a constitutional right that it should only be done with
caution and with great respect for those constitutional boundaries,” he said.
“Further,
it should only be done if the benefit to be gained is so great and certain that
it far outweighs the damage done by the constriction of individual liberty.
While many of the provisions of the new law have surface appeal, it is far from
certain that all, or even many of them will have any significant effect in reducing
gun violence, which is the presumed goal of all of us.
“Unfortunately
the process used in adoption of this act did not permit the mature development
of the arguments on either side of the debate, and thus many of the
stakeholders in this important issue are left feeling ignored by their
government. Even those thrilled with the passage of this legislation should be
concerned about the process used to secure its passage, for the next time they
may find themselves the victim of that same process.
“Fortunately,
the Governor has shown himself open to working with interested parties to address
some of the problems that arose due to the hasty enactment of this law. The
Sheriffs’ Association will work with the Governor and the Legislature on these
issues.
“I
understand my Constitutional obligations and the concerns of constituents. Sheriffs
and other law enforcement officers are not called upon by this new legislation to
go door‐to‐door to confiscate any weapons newly
classified as assault weapons, and will not do so.
“Sheriffs
represent all the people, and I took an oath to uphold the Constitution of the
United States and the Constitution of the State of New York. I will continue to
enforce all laws of the state and will protect the rights of all citizens,
including those rights guaranteed by the Constitution of the United States and
the Constitution of the State of New York.”
Anyone wishing to discuss these issues
and thoughts with Sheriff Virts can reach him at 315-946-5797 or at
bvirts@co.wayne.us.
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dogbaker Said,
i truly believe the constitutionality of this should be challenged .
knee jerk reactions never make great law
Posted on Tue Jan 29, 05:25:00 AM EST
Gil Burgess Said,
What about tackling the REAL problem: mental illness which would include the complex problem of identifying those with symptoms, diagnosing and monitoring those whose tendencies might lead them to inappropriate use of firearms. Although I agree that the "average" person should have no use for an assault rifle, making a show of passing anti-gun legislation is easy compared to trying to do something about stopping those who would be likely to commit some violent anti-social act by some means no matter what.
Posted on Tue Jan 29, 09:55:00 PM EST
Michael G Marriam Said,
Gil,
All law abiding people have the constitutional right to keep and bear firearms. The purpose of the second amendment is self defense. Semiautomatic firearms are the most effective form of self defense available. To prevent me from protecting myself the best way I see fit is to deprive me of my civil right.
Posted on Wed Jan 30, 07:20:00 AM EST
Gil Burgess Said,
I won't argue about that. My real point is that the politicians are trying to make a big splash with the anti-gun legislation to make it appear that they are doing something when the real problem is really something else.
Posted on Wed Jan 30, 09:46:00 AM EST