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http://poststar.com/hundreds-rally-in-opposition-of-safe-act-after-one-year/article_f5a67a76-8094-11e3-a885-001a4bcf887a.html

 

A crowd of hundreds who gathered for a forum on New York’s SAFE Act on Saturday heard an encouraging update from the man leading the organization that’s challenging the constitutionality of the year old gun control legislation.

Tom King, president of the New York State Rifle and Pistol Association, also a National Rifle Association board member, predicted the fight against what many called the “unSAFE” Act will land in U.S. Supreme Court.

The Warren County Chapter of grass roots organization New York Revolution hosted the forum. Coordinator E. Jay Stokes brought in several speakers to discuss the anniversary of the law, which was signed Jan. 15, 2013.

The forum was moved outside in the parking lot of the Waterhouse Restaurant in Lake Luzerne because of the anticipated turnout, which was a crowd of hundreds dressed in “Don’t Tread on Me” and Tea Party gear, donning buttons with a red line through Gov. Andrew Cuomo’s name and holding signs urging the repeal of the strictest gun-control measure in the nation.

Cuomo ahs said the measure prevents mentally ill people from buying guns and increases penalties for people who use illegal guns.

Speakers called for civil disobedience when it comes to the part of the law that requires the state’s definition of military-style assault rifles be registered by April 15. Failure to do could result in a misdemeanor charge.

They said there are modifications that can be made, too, that will exempt weapons from requiring to be registered.

Second Amendment advocate Melody Burns in her full-length fur coat lead the crowd in chants “I will not modify, I will not comply, I will not surrender,” followed by a lone shout from the crowd that “King Andrew’s got to go!”

Lisa Donovan and Jake Palmateer of the NY2A Grassroots Coalition urged people to get involved by volunteering or serve on political party committees to get certain candidates in office.

Palmateer said the group is raffling off an AR-15 at the educational forum coming up Jan. 29 in Glenville.

In a Dec. 31 ruling, Chief U.S. District Judge William M. Skretny in Buffalo found the majority of the SAFE Act constitutional, striking down only the magazine limit that prohibited more than seven rounds in a magazine.

“Don’t believe what you read in the papers. It was a split decision. If it wasn’t a split decision, the governor and New York state would not have filed an appeal two hours after we did,” King said.

King, who said the organization is now taking its suit to the 2nd Circuit Court of Appeals, said there were “inconsistencies” in the ruling, and the judge “did one thing we’ve been waiting for all over the United States” when he said assault-style weapons are illegal firearms in “common use.”

“You know why that’s huge? Because Heller and McDonald (two previous Supreme Court cases involving Second Amendment rights) say you can’t ban a class of firearms that’s in common legal use,” King said.

King said he didn’t expect the 2nd Circuit Court of Appeals to be “friendly” and said there is a silver lining if the appeal fails there.

“There have been three cases in the Circuit Court of Appeals around the United States that have been pro-gun victories. There’s only one anti-gun victory. We need one more loss in order to have a conflict among the circuits and to ensure the Supreme court will take the case. That’s where we’re headed, and we’re not going to stop,” King said.

He said so far the organization has spent $426,000 on the suit and asked, “what are your Second Amendment rights worth?”

“Then ask the follow up question, if we lose Second Amendment rights, what is this country worth?” King said.

Former Saratoga County sheriff candidate Jeff Gildersleeve, who works at Warren County Sheriff’s Department, spoke on behalf of Sheriff Bud York, who could not attend. He said there have been no SAFE Act related arrests in Warren County.

There have been 1,291 charges issued under the legislation with most of those in New York City. Of those, 1,155 were for felony possession of an illegal firearm, a misdemeanor before the SAFE Act.

There was a Moreau man who was charged under the new law over the summer. William G. Greene, 51, in August pleaded guilty in Saratoga County to fourth-degree criminal possession of a weapon, a misdemeanor, with the understanding the two misdemeanor charges filed under the SAFE Act would be dismissed. All of the charges were the same level of misdemeanor. He was sentenced to a conditional discharge, paid a $200 fine and required to surrender the semiautomatic rifle, which was seized after he allegedly illegally sold it on April 16. The charges were punishable by up to a year in Saratoga County Jail.

“The vast majority of law enforcement doesn’t like it and doesn’t feel its constitutional. It doesn’t pass the sniff test,” Gildersleeve said.

Assemblyman Dan Stec, R-Queensbury, who was there with Assemblyman Steve McLaughlin, R-Melrose, passed out a list of legislation that he’s co-sponsoring that seek to repeal all or parts of the law.

One measure would revert the law to prior definitions of assault weapon and large capacity ammunition feeding device, though he wasn’t hopeful it would make it to the floor under Assembly Speaker Sheldon Silver’s leadership.

“There are people among us that this isn’t a big issue for, but it should be. They like gun control. They’re not gun people, but this is what bothers them, the process. If you’re going to tinker with the Second Amendment in the middle of the night, what isn’t on the table? What is off limits,” Stec said of the unusually quick passage of the law.

On Wednesday a measure requiring ammunition sellers to register with State Police and require retail sellers to do background checks and record sales when a state database is established. An open letter from State Police Superintendent Joseph D’Amico said that database is not operational and still under construction.

“Notice will be given to all sellers on a timely basis before the database is completed and any requirements are relevant,” the letter said.

 

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