Governor Cuomo Signs NY SAFE Law. Toughest Gun Law in USA

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WPCNR ALBANY ROUNDS. From the Governor’s Press Office. January 15, 2013:


Governor Andrew M. Cuomo today signed into law the NY SAFE Act (Secure Ammunition and Firearms Enforcement Act) that will give New York State the toughest gun laws in the nation. The legislation includes provisions to keep guns out of the hands of convicted felons and potentially dangerous mental health patients, and ban high capacity magazines and assault weapons.

Under the legislation, New York will be the first state in the nation to ban any magazine that can hold more than seven rounds and run instant background checks on all ammunition purchases at the time of sale.


The legislation will allow authorities to track ammunition purchases in real time to alert law enforcement to high volume buys, and will include a statewide standard requiring recertification of pistol permits every five years.


The legislation also closes a private sale loophole to ensure all gun purchases are subject to a background check, and toughens criminal penalties on those who use illegal guns.


“The new law will limit gun violence through common sense, reasonable reforms that include addressing the risks posed by mentally ill people who have access to guns and banning high capacity magazines and lethal assault weapons,” Governor Cuomo said. “This legislation is not about hunters, sportsmen, or legal owners who use their guns appropriately. It is about reducing gun violence and making New York a safer place to live. I thank leadership of both the Assembly and Senate for their action on this important legislation.”

Key provisions of the NY SAFE Act include:

Mental Health Alert: Under the legislation, mental health professionals will be required to report to local mental health officials when there is reason to believe a patient is likely to engage in conduct that will cause serious harm to themselves or others. This information will then be crosschecked against the new comprehensive, and regularly updated, gun registration database. If the patient possesses a gun, the license will be suspended and law enforcement will be authorized to remove the person’s firearm.

Tougher assault weapons ban: The legislation outlines a stricter definition of assault weapons, and implements an immediate ban of defined assault weapons. Under the stricter definitions, semi-automatic pistols and rifles with detachable magazines and one military style feature will be considered assault weapons. Semi-automatic shotguns with one military style feature will also be considered assault weapons.


Assault weapons possessed before the effective date must be registered within a year and recertified every five years. Owners of grandfathered assault weapons may only sell out of state or through an in state federal firearms licensee. Under the legislation, the Bushmaster used in the Newtown, Connecticut shooting will be illegal.

Stronger regulations on ammunition: Under the legislation, New York will have the strongest ban on high capacity magazines in the country, with a limit on capacity of seven rounds, down from the current limit of ten. The legislation includes a ban on possession of pre-1994 high capacity magazines, and will require owners to sell the banned magazines out of state within one year. Existing ten round magazines can be grandfathered in, but may only be loaded with 7 rounds.

To track high-volume ammunition purchasers, the legislation will make New York the first state in the nation to track ammo purchases in real time. All dealers in ammunition must be registered with the State Police, and each sale will require both a state background check and transmission of a record of the sale to State Police, so as to enable alerts of high volume purchases. Ammunition records will be purged within a year of submission.


Dealers must report any loss of inventory. The legislation will also include a ban on direct internet sales of ammunition. Ammunition ordered over the internet must be delivered in a face-to-face transaction with a firearms dealer and the purchaser will be subject to the state background check. The Aurora shooter reportedly amassed 6000 rounds through direct online purchases.

Statewide recertification of handguns and assault weapons: The legislation will require individuals who have a handgun license or have registered an assault weapon in New York State to recertify every five years through their county of residence. With this more accurate information, the state will establish an electronic gun permit database that may be run against other databases containing the names of people who will be disqualified from possessing firearms, including those with criminal convictions, involuntary commitments, and those subject to orders of protection, as well as death records.

Universal Background Checks – closing the private sales loophole: The legislation will require all gun transfers between private parties, except immediate family, to be conducted through a federal firearms licensee, subject to a subject to a federal National Instant Criminal Background Check.

Webster Provision: Under the legislation, murder of a first responder who is engaged in his or her duties will become a Class A-1 felony, with a mandatory penalty of life in prison without parole. This provision was created to honor the memory of Lt. Mike Chiapperini and Tomasz Kaczowka who were victims of a fatal shooting in Webster, New York, on December 24, 2012.

Extending and Strengthening Kendra’s Law: Kendra’s law will be extended for two years – through 2017 – and the period of mandatory outpatient treatment will be extended from 6 months to one year. In addition a review will be required before a mentally ill inmate is released.

Protecting Families: When a judge issues an order of protection and finds a substantial risk that the individual subjected to the order will use a gun against the person protected by the order, the judge is required to the surrender of the weapon.

Safe Storage: To better ensure that guns are kept inaccessible to those who are barred from possessing them, the legislation requires safe storage of firearms in households where individuals live who have been convicted of a crime, involuntarily committed, or are subject to an order of protection. Existing state law already requires that all guns sold at retail in the state be sold with a gun lock.

Keeps Guns Out of Schools: Under the legislation, the penalty for possession of a firearm on school grounds or a school bus will be increased from a misdemeanor to a Class E Felony.


The state’s SAVE Act (Safe Schools Against Violence in Education) requires school districts to develop school safety plans including evacuation, dismissal, community response, and alerting family, law enforcement and other schools in the area in the event of a violent incident or other emergency.


The legislation will allow school districts to submit their school safety plans to a newly created New York State School Safety Improvement Team, consisting of representatives from state agencies with relevant expertise (e.g. DHSES, State Police, DCJS), which will review plans and assist localities in developing plans.


Some designated safety system improvements will be eligible for enhanced re-imbursement under the state’s School Building Aid formula. New York City, Buffalo, Rochester, Yonkers and Syracuse will be exempted.

Tougher penalties for illegal gun use: The legislation establishes tougher penalties for those who use illegal guns as well as measures to help combat gang violence. Tougher penalties under the legislation include:


    · Possession of an unloaded gun will be raised from a misdemeanor to a Class E felony.
    · Recklessly injuring a child by a firearm will become a Class D felony
    · The purchase of a gun for someone the buyer knows to be disqualified because of a conviction of a crime, an involuntary commitment or other disqualifier, will be raised to a Class D felony from a misdemeanor. This also raised to a class D felony the sale or transfer of a firearm to an individual known to be prohibited from possessing a gun.
    · Tougher penalties to permit more effective gang prosecutions, allowing a prosecutor to ask for 25 to life (previously was just 15 years) for an entire group when a gang is involved in murder.
    · Using or carrying a firearm during drug trafficking or a violent felony will include a 5 year mandatory minimum sentence if the gun is loaded and a 3½ year mandatory minimum if unloaded. (The Court could impose a lower sentence in drug trafficking cases depending on mitigating factors).
    · Sharing a gun with an individual who is not authorized to possess a gun and commits a crime will constitute criminal facilitation.

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Appeals of Tax Assessments Decline in 2012: Idoni

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WPCNR QUILL & EYESHADE. From the Westchester County Clerk Office. January 15, 2013:


Westchester County Clerk Timothy C. Idoni is reporting a slight decline in the number of local tax assessment appeals his office received in 2012. This is encouraging news after the record-breaking numbers over the last few years including a high of 10,596 appeals received by the County Clerk in 2011.


The appeals, officially known as Small Claims Assessment Reviews (“SCARs”), are filed when the local city, town or village grievance board formally rejects a property tax assessment grievance by a property owner.


“A decline in the volume of appeals means less stress on local tax rolls”, said County Clerk Timothy C. Idoni, who warned, “When appeals are granted or settled, it forces municipalities to identify equivalent reductions in spending or unpopular increases in revenue.”

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David Buchwald Explains New NY Gun Law Passed Today

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WPCNR ALBANY ROUNDS. From NY Assembly District 93 Assemblyman David Buchwald. January 15, 2013 UPDATED 10:45 P.M. E.S.T.:


Assemblyman David Buchwald helped passed the landmark New York Secure Ammunition and Firearms Enforcement Act of 2013 (NY SAFE ACT), just passed early Tuesday afternoon, supported by Governor Cuomo. Governor Cuomo signed the bill into law in late afternoon.


In light of recent acts of gun violence in our state and around the country, this legislation gives New York State the most comprehensive set of gun laws in the nation, Mr. Buchwald reports:



Assemblyman Buchwald


Comprehensive Gun-Safety Measures


The Assembly’s legislation would strengthen New York’s existing assault weapons ban. In addition, clips with the capacity to hold more than 7 rounds can no longer be sold in the state. There would also be a grandfather clause for current owners of legal semi-automatic weapons, provided they register those weapons with the state police, renew the registration every 5 years, and undergo a background check.


WPCNR asked Mr. Buchwald via E-mail how would the provisions of the bill be newly enforced, implemented, and whether there is a procedure set in place to execute the law. He issued this comment:



“The bill has a variety of different provisions, but many parts are handled by the New York State Division of Criminal Justice Services and the State Police.”


The Governor’s Press Office did not respond to WPCNR’S question as to how the provisions of the law will now be implemented and what agencies and procedures will do to begin to enforce the new requirements.


In addition, the bill will:



  • Revoke and/or suspend the gun license of an individual upon issuance of an order of protection by a court of law;

 



  • Establish a statewide database of handgun licenses to enable the state police to crosscheck the National Instant Criminal Background Check System (NICS) to determine if any current licensees have been legally disqualified from possessing firearms under federal law;

 



  • Create statewide standards for handgun-license applications;

 



  • Require mental-health professionals to report to law enforcement when they believe a person receiving mental-health services is a danger to themselves or others. Those who possess a firearm license would have their license revoked or suspended and be required to surrender their firearms;

 



  • Allow schools to qualify for reimbursement building aid assistance if they choose to add electronic systems and hardened doors to increase safety;

 



  • Update the New York gun licensing statute to ensure those prohibited from possessing firearms on the federal level are not granted a gun license from the state;

 



  • Require re-certification of gun licenses on a 5-year cycle to include current name, date of birth, current address and the make, model, serial number and caliber of all firearms possessed;

 



  • Allow counties to keep the names and address of gun licensees confidential under certain circumstances;

 



  • Require all private sales of firearms, shotguns and rifles to be made through a licensed gun dealer to ensure that a proper background check is performed, unless the sale is between immediate family members; and

* Require owners of firearms to safely store such weapons if he/she resides with a person who is prohibited from possessing a firearm under certain provisions of federal law.


“When I ran for office, one of my top priorities was ensuring the safety of our families and our community,” said Assemblyman David Buchwald (D-Westchester). “As we’ve seen in recent tragedies, the consequences of dangerous weapons falling into the wrong hands are too great to ignore.”


“These new gun-safety measures will severely inhibit dangerous criminals from gaining access to firearms, expand truly universal background checks on guns and ammunition, and ban dangerous assault weapons,” Buchwald concluded. “I will continue to do everything in my power to make sure our community in Westchester is a safe place to raise a family. I am proud of the work we did in the legislature today.”

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Are Constitutional Amendments Absolute? Can Exceptions Be Declared?

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WPCNR MR. AND MRS. WHITE PLAINS POLL. January 15. 2013:


The Westchester County Executive Robert P. Astorino published a letter today that he wrote to Janet Hasson of the Journal News demanding she remove the interactive map showing locations of gun license holders in Rockland and Westchester Counties. What in this reporters’ opinion was interesting was his statement in the letter that reads:


“Constitutional Amendments — even those protected by the First Amendment — are not absolute.”


He also chided his own County Clerk for cooperating and obeying the New York State law by releasing the information the Journal News requested.


Now. The question is raised here by Mr. Astorino’s letter. Do authorities have the right to decide what is protected by the First Amendment and what is not. What is really First Amendmenty or not? There are hundreds of shades of gray.


Suppose The Journal News requested all the salaries of the Astorino administration hires. This info could very well be determined to violate the right of privacy of individuals and the ability to do their job due to prejudice against overpaid political hires who are usually political cronies. I would really love to know whether Astorino had this letter to Hasson cleared by county attorneys.


The National Rifle Association has based all its lobbying efforts to defeat gun controls on the “absolute” position.


Now does Astorino mean too that Freedom of Religion (in the First Amendment) is not absolute? Let’s get rid of that sect down the street, shall we, obviously the forefathers did not mean to include them. Let’s stop that strange religion from moving into the neighborhood. My point is once you start interpreting, the amendment — all amendments- lose their meaning. The forefathers realized that. That is why the amendments are pretty straightforward.


Politicians hate that.


The Journal News had every right guaranteed by state law to publish the data in any form they chose.


What do you citizens out there think? Can Government rule a religion, a press report, a book is not within protection of the First Amendment based on its content?


Generally court cases are built on the unconstitutionality of a decision or practice based on a right being violated — not the constitutionality of an action that is exercising a right.


But once you start nuancing what is permitted under any Amendment — you are into a comprehensive plan of conundrums — you cannot think of everything.


Give us your answer at the right.

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Cuomo Blasts Congress for Slowest Response to Domestic Disaster Ever

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WPCNR ALBANY ROUNDS. From the Governor’s Press Office. January 15, 2013:


Governor Andrew Cuomo issued this statement today, pleading with the U.S. Congress to pass the long-awaited aid bill for New York to move ahead with Hurricane Sandy recovery:


“It has been 78 days since New York State suffered the worst natural disaster in its history. Sandy destroyed or severely damaged almost 19,000 homes and apartments. Over 42,000 impacted businesses are still waiting for financial assistance.


And nearly three months later, over 15,000 New Yorkers still cannot return to the places they call home; every day of delay makes it harder for them to believe they ever will. Our residents have been trying to rebuild their lives and they have been waiting for Washington D.C. to act.


“New Yorkers have suffered through a disaster unlike any our nation has ever seen, and it has been regrettably matched by the most disappointing response by Congress that any state has ever seen. This has now been taken to a new level of dysfunction. In ten short days, victims of Hurricane Katrina received nearly $52 billion of much-needed aid. After Hurricane Gustav, it took 17 days for residents in the impacted region to get $20 billion of relief.

These states and their residents didn’t have to wait nearly this long for the help they deserved, and neither should New Yorkers. If Congress wants to show us that they will live up to the commitments they made when they saw how we were suffering, they need to pass this bill today.”



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County Exec to Paper: Take Down that Map! First Amendment is Not Absolute

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WPCNR COUNTY CLARION-LEDGER. From the Westchester County Department of Communications. January 15, 2013 UPDATED JANUARY 16, 2013:


Westchester County Executive Robert P. Astorino called on the Journal News Publisher and Editor Janet Hasson today to remove the interactive map of permitted gunholders in Westchester County from the Journal News Lohud website. He also wrote the First Amendment is not absolute in calling for the take-down.


As of  9:45 P.M. Wednesday, the lohud.com website still displayed the gun map of Westchester and Rockland County gunowners.


The letter sent to presumably all media makes the statement: “Constitutional rights — even those protected by the First Amendment–are not absolute.” He writes “My request is based on public safety concerns and basic common sense.”


The County Executive writes “The issue is no longer protecting speech but rather protecting the public, including employees of the Journal News. The time has come to take the map down.”


The Executive also notes, “whether the County Clerk (Timothy Idoni) should have complied with the (Journal News) initial request is debatable.” (A position in direct opposition to the New York State Committee on Open Government, and upheld by the New York State Court of Appeals).


County Executive Mary Ellen Odell of  Putnam County declined to release gun permit data for her county when requested by the Gannett newspaper.


 

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Health Department on the Flu

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WPCNR FLU NEWS. From Caren Halbfinger. Westchester County Health Department. January 14, 2013:


The health department is actively monitoring the availability of flu vaccine at area pharmacies and medical practices and has provided resources on our website for residents to find a flu shot and for doctors to order more flu vaccine. Residents should always call ahead to the pharmacy to be sure they have flu vaccine in stock, since supplies can fluctuate.


The governor’s declaration of a flu emergency on Saturday cleared the way for an executive order by the Governor that allows pharmacists to give vaccines to children under age 18 for the next 30 days (starting Jan 13). Residents should call ahead and check with their local pharmacy to be sure the pharmacy has vaccine in stock and is prepared to give vaccines to children.


While the number of confirmed flu cases is close to 1,000, as of the week before last, the number of hospitalized patients is low.


Most people will recover on their own from the flu with bed rest and fluids and do not need to see their doctor or go to an emergency room. Residents who believe they have the flu should call their doctor first before going to the office, where they can infect others.


 



Here’s our flu information for the public:


(Editor’s Note: This URL immediately following lists locations with flu vaccine, however, some locations are out of the vaccine at present time. Call ahead to make sure vaccine is on hand.)


http://health.westchestergov.com/flu-information


Here’s a link for MDs/etc to order more vaccine:


http://health.westchestergov.com/emerging-topics


Here’s our most recent news release on this topic:


http://health.westchestergov.com/images/stories/PressReleases/2013_Jan10_Flu.pdf

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Gun Permit Holder Home Burglarized. Police Have Suspect in Northend Burglaries

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WPCNR POLICE GAZETTE. From the Department of Public Safety. January 14, 2012:


A home of an gun permit holder was burglarized over the weekend, but police note it appears it is coincidental, since other items were taken. The Department of Public Safety has also announced it has apprehended a suspect in a series of burglaries in the Lake Street, North Broadway area. Details of the arrest are being sorted out at this time.


White Plains Commissioner of Public Safety David Chong issued this statement to WPCNR early this afternoon:


“On Saturday January 12th 2013, a residence was burglarized on Davis Avenue. The Burglary occurred between the hours of 0715 AM and 8:26 PM while the homeowner was not home.


 Access was made through a second story window through a ladder owned by the homeowner. Jewelry items were taken and a secured locked rifle safe was tampered with, no weapons were stolen.


The home owner made mention that he was recently listed on a Journal News inter-active website as a legal gun permit holder. The Department of Public Safety is investigating this as a burglary and except for this one instance has no pattern of homes listed on the permit web-site as being targeted. We however are monitoring this very closely.


We take all burglaries seriously, and on Saturday the Department arrested a burglar who we believe is linked to a series of burglaries in the Lake Street/North Broadway apartments area.


The burglary on Davis Avenue is an active investigation. (Continuing) 

The Department of Public Safety would like to remind residents to secure all windows and doors when they are not home, and to call us immediately if they observe any suspicious activity.

Tips for preventing burglaries can be accessed on the Public Safety Website.

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Flu Shots Given at CVS Pharmacies in White Plains

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WPCNR FLU NEWS. January 14, 2013:


Flu shots are being given at CVS Pharmacies in downtown White Plains.


The CVS pharmacies in WP  are located at 24 Mamaroneck Avenue (949-0961; 325 Mamaroneck Avenue (287-7650); 452 Mamaroneck Avenue (686-0226); 601 North Broadway (328-4925); and 253 North Central Park Avenue in Hartsdale (681-0618).


The pharmacy at 325 Mamaroneck Avenue told WPCNR at 2 P.M. they had just run out. The shot costs $31.99 and CVS accepts all insurances. No appointment is necessary.


It is advised you call the CVS to check on availability of the vaccine, which WPCNR was told may be administered at any time you walk in, if the vaccine is not out of stock.


To locate a CVS pharmacy outside of White Plains go to the CVS website at http://www.cvs.com/stores/store-locator-landing.jsp?_requestid=947122 and do a search on your community.


The Westchester Medical Group, a primary care group in White Plains is only giving flu shots by appointment with your doctor registered with the group, and not through its Emergency Treatment Center.


Any pharmacies in and around White Plains with flu vaccine are encouraged to e-mail wpcnr at wpcnr@aol.com and tell us. WPCNR will add you to this limited list.


 

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State: WP Sales Tax Off 4.3% at Mid-Year. County 2012 Shortfall:3%

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WPCNR QUILL & EYESHADE. From the New York State Department of Taxation and Finance. January 14, 2013:


White Plains December Sales Tax Revenues are running 4.3% behind the 2011-2012 pace NYS Department of Taxation and Finance reported to WPCNR today. If sales tax collections in White Plains equal January to June collections of 2012, the city will collect $50 Million in sales tax, making the city projection of sales tax revenues for fiscal 2012-13 of $45.6 Million.


Westchester County actual 2012 sales revenues through December ran a $13,877,692 behind the county projection of $464.7 Million.


The county plans on a $478.7 million in sales tax revenue  in its 2013 budget which require on a 6% increase in sales

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