Syracuse.com - County sheriff hopeful headlines SAFE Act panel at Oncenter

[HuntingNY-News]

"We need to have good reason you're doing something wrong before we can take your possessions to check them for violations of the law," he said.

Chief John Balloni 

SYRACUSE, N.Y. -- Chief John Balloni of the Onondaga Sheriff's Department doesn't hide his unhappiness with the SAFE Act, the state's controversial gun control law.

He said his main objection with the SAFE Act is that it takes a group of people "who are, and who have always been law-abiding" and puts them in the position of breaking the law.

Balloni is scheduled to be a key panel member at Saturday's SAFE Act informational forum at the Oncenter sponsored by the Onondaga County Federation of Sportsmen's Clubs. The free event begins at 3 p.m. in the Oncenter's ballroom. Free parking is available for it in the Oncenter garage.

Balloni is currently raising money and seeking the endorsement of the Republican Party to run for county sheriff. The information he intends to pass on at Saturday's forum is his interpretation of recent New York State Police guidelines on the SAFE Act that's been given to law enforcement officials.

"It's hard enough enforcing the laws we have that make sense," he said. "These (many of the SAFE Act regulations) don't make sense, yet we're still charged with enforcing them.

"If we come across a violation of the law, we're going to enforce that. It's the court's decision to decide whether things are constitution, not us police officers. It's the legislature's job to pass that they think make sense - even if we disagree with them."

Balloni is scheduled to join panelists Mike Mastrogiovanni, vice president of S.C.O.P.E (Shooters Committee on Political Education) and Assemblyman Gary Finch.

A representative from State Police was invited to attend, but "is unable to be there," Balloni said.

The following are SAFE Act regulation changes that went into effect Wednesday that Balloni said outdoors sportsmen and firearm owners should be made aware of:

1). Certain firearms under the act that are classified under the law as "assault weapons" are put under that classification because of certain characteristics. However, if the firearm owner significantly changes or modifies a distinguishing feature that makes the gun an assault weapon (such as replacing a pistol grip on a rifle with a standard stock) the firearm is no longer illegal to possess, nor does it have to be registered.

2). The suspension of pistol permits. Currently, when an individual has an order of protection against them issued by a judge (such as in a domestic violence or marital dispute), he or she will have their pistol permit suspended and be required to turn over that firearm to police until the order is lifted. Under the SAFE Act, individuals will also have to turn over all their long guns (shotguns, rifles, muzzleloaders) to police (the county sheriff), who will hold them until the order is lifted.

"This is an additional burden, an unfunded mandate," he said. "It's nothing (for a hunter) to have 8 to 10 long guns, or collectors to have 30 to 40. Now I'm going to have my officers get all them for safe keeping."

3). The internet purchase of ammunition. The SAFE Act will ban the purchase of ammunition over the internet by state residents. However, the law does allow firearm owners to buy materials (gunpowder, shell casings, primers) so they can continue reloading their own ammo.

4). The loaning of firearms/ammunition. The SAFE Act bans the loaning of handguns to another individual, along with ammunition for handguns. Balloni said long guns -- shotguns, rifles and muzzleloaders -- are not included in this SAFE Act restriction, unless the long gun is classified as an assault weapon. Most guns used in hunting will be unaffected, he said.

Balloni said there's a lot of talk about Second Amendment rights when it comes to the SAFE Act. "However, the Fourth Amendment (protection against unreasonable search and seizures) remains firmly in place, requiring police officers to have reasonable cause to search your person or seize your property.

"We need to have good reason you're doing something wrong before we can take your possessions to check them for violations of the law," he said.

View the full article on The Syracuse Outdoors Blog