TOAST OF THE TOWN: ABSOLUTENESS OF CONSTITUTIONAL AMENDMENTS

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On Absoluteness of Constitutional Amendments


January 19, 2013


Dear Editor


Regardless of the result of your poll, it is established law that constitutional amendments are not absolute.


There is the well-known exception to freedom of speech that you may not yell “Fire” in a crowded theater.


Likewise, no one is allowed to commit ritual human sacrifice no matter what their religious beliefs. This is also irrelevant to the issue of the Journal News’s gun permit map.


That is publicly available information by state law, and remains publicly available whether their map is up or not. I am not a member of the press and yet I can post the same information with impunity.


Clifford Blau


(Editor’s Note: Reading of the section of the New York State SAFE Act, page 30, sets new standards for anonymity of gun permit holders. To read the law and what it says on this topic (page 30) go to: http://open.nysenate.gov/legislation/bill/S2230-2013)



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Journal News Removes Names and Addresses of Gun Permittees. Publisher Explains.

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WPCNR MAIN STREET JOURNAL. January 19, 2013 UPDATED 11:40 A.M. E.S.T.:


The Gannett Journal News has removed names and addresses of Westchester County and Rockland County gun permit holders from its website, first published December 23, 2012.


The publisher of the paper, Janet Hasson, in a letter to Journal News readers, defended the paper decision to publish names and addresses of gunowners, and explained why the paper took the names and addresses down.


The overall map still is shown on the Journal News website, but unlike the previous version, you cannot telescope in on a community, and see, street-by-street where gun permitholders are in residence on the street. The map is now simply a maze of red dots.


Previously, in the White Plains area, the map could be viewed to pinpoint every home on every street in White Plains where a gun permit for a pistol was registered. WPCNR counted up approximately 600 gun permit holders across White Plains, about 2% of 31,000 Registered voters, which is consistent with the Westchester County proportion (17,000 gun permit holders for pistols only, out of a one million population–1.7%)


Earlier this week, January 15,  Hasson received a strong letter from the Westchester County Executive Robert P. Astorino, who called on the paper to “take the map down,” because it endangered residents who held gun permits. (The paper did not publish Mr. Astorino’s letter, but you can see that letter elsewhere on WPCNR at http://www.whiteplainscnr.com/admin.php?op=EditStory&sid=9446


Reacting to the map take-down today, County Executive Robert P. Astorino issued this statement to media:



“From the moment the Journal News published the gun owners map, it put law-abiding citizens, including judges, police officers and victims of domestic violence, at risk. I had asked the publisher to take down the map as a matter of public safety and common sense. Though four weeks too late, I am glad to see the Journal News has finally done the right thing and taken the map down.”


Within the last week, two gun permitholders’ homes have been burglarized, one in each county. In one on Davis Avenue in White Plains, merchandise and cash was taken, according to White Plains police, and a gun locker showed signs of being tampered with. In another such burglary in Clarkstown in Rockland County, weapons were taken by thieves.


The letter from Hasson, does not mention whether the two burglaries had any influence in the decision, or whether there was  corporate pressure from Gannett executives to remove the map.


Here is the text of Ms. Hasson’s letter published explaining the paper decision to publish the map originally and the reason for the take-down which occurred late Friday afternoon:


To our readers:


In the wake of the Sandy Hook shootings, The Journal News thought the community should know where gun permit holders in their community were, in part to give parents an opportunity make careful decisions about their children’s safety.


The Journal News mapped the public database of permit holders, placing a dot on the address of every permit holder in Westchester and Rockland counties and providing the name and street address of each holder. The dots conveyed a powerful message: gun permit holders are everywhere in our counties.


But public reaction to the posting of names and street addresses was swift and divided. Many in the community expressed their gratitude for The Journal News’ decision to make the information available, but permit holders were outraged at what they considered to be an invasion of privacy. Gun owners from across the country vocally conveyed their anger and accused The Journal News of having exposed permit holders and non-permit holders alike to the risk of burglaries and other crimes. Hundreds of threats were made to Journal News staffers.


So intense was the opposition to our publication of the names and addresses that legislation passed earlier this week in Albany included a provision allowing permit holders to request confidentiality and imposing a 120-day moratorium on the release of permit holder data.


Today The Journal News has removed the permit data from lohud.com. Our decision to do so is not a concession to critics that no value was served by the posting of the map in the first place. On the contrary, we’ve heard from too many grateful community members to consider our decision to post information contained in the public record to have been a mistake. Nor is our decision made because we were intimidated by those who threatened the safety of our staffers. We know our business is a controversial one, and we do not cower.


But the database has been public for 27 days and we believe those who wanted to view it have done so already. As well, with the passage of time, the data will become outdated and inaccurate.


 


Equally important, the legislature has weighed in on the issue and representatives of residents from across the state have said that some New Yorkers who hold gun permits should have the right to keep that information private. As a news organization, we are constantly defending the public’s right to know. Consequently we do not endorse the way the legislature has chosen to limit public access to gun permit data. The statute is very broad and allows anyone who meets certain criteria within qualifying categories to keep their permit information private. When the moratorium concludes, far fewer permit holders will be identifiable, and those who want to know which houses on their block may have guns will not be able to get that information. But we are not deaf to voices who have said that new rules should be set for gun permit data.


Make no mistake, The Journal News will continue to report aggressively on gun ownership. We will continue to pursue our request for data from Putnam County, and will closely analyze the data for Westchester and Rockland counties when it once again becomes publicly available. And we will keep a snapshot of our map — with all its red dots — on our website to remind the community that guns are a fact of life we should never forget.


Sincerely,


Janet Hasson


President and Publisher

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Pedestrian Hit at Lex and Water.

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WPCNR POLICE GAZETTE. From the Department of  Public Safety. January 18, 2013:


At approximately 7 AM this morning the WPPD responded to a pedestrian struck at Water Street and Lexington Ave. A 50 year old male pedestrian from Ossining NY was struck by a White Dodge van in the intersection.


The victim was taken to Westchester County Medical Center by ambulance and his injuries are non-life threatening. Two people including the driver of the van were arrested.


The Driver did not have a valid driver’s license and claimed his sister was driving. After investigation, it was determined that the male suspect was actually the driver and the sister was covering up for him. Both were subsequently arrested and charged with numerous crimes

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County Will Offer FREE Flu Shots to Residents Next Thursday, Jan. 24

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WPCNR HEALTH WATCH. From Caren Halbfinger, Westchester County Department of Health. January 18, 2013:


County Executive Robert P. Astorino announced today that the Westchester County Department of Health will offer free flu shots to residents on Thursday, Jan. 24 , from 2 p.m. to 7 p.m. at the Westchester County Center in White Plains.


“With so much demand for the flu shot right now, some doctors and pharmacists are having a hard time keeping up ,” Astorino said. “By offering free flu shots, we aim to help those residents who have not yet gotten vaccinated.’’


The county has 1,000 doses which can be given to adults and children ages 9 and up. Residents are strongly encouraged to register in advance for the flu clinic at www.health. ny.gov/Go2Clinic. Those without internet access can call (914) 995-7425, weekdays, starting Tuesday, 8:30 a.m. to 4:30 p.m.


“It’s important for everyone six months and older to get a flu shot every year,” said Health Commissioner Sherlita Amler, MD. “We hope residents will take advantage of this opportunity, because flu season can last well into the spring. It’s also equally important to wash your hands frequently, to avoid sick people and to stay home when you are sick. Most people will recover on their own from the flu with no need to go to an emergency room or the doctor.”


Residents can also visit the health department website to find providers and pharmacies who are giving flu shots. Physicians can call the health department if they have excess vaccine to share with other providers or if they are willing to give vaccines to people who are not their patients.


The flu shot is safe and provides protection against the three strains of the flu that are circulating this season.


To prevent spreading the flu, cough or sneeze into your elbow and wash your hands often with soap and water. If you do get a respiratory infection, stay home until 24 hours after your fever subsides, to avoid spreading your germs. Clean surfaces you touch frequently, such as doorknobs, water faucets, refrigerator handles and telephones. Get plenty of rest, exercise and eat healthy food.


For more information, visit www.westchestergov.com/health, like us on Facebook at facebook.com/wchealthdept, follow us on Twitter @wchealthdept or call us at (914) 813-5000.


-30-



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NY SAFE ACT Disclosure Exemptions Could Mean Every Gun License Holder Is Exempt

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WPCNR For the Record. By John F. Bailey with the Text of the new NY Safe Act. January 16, 2013:


Examination of the text of the NY SAFE Act signed into law by Governor Andrew Cuomo yesterday seems to indicate that the identities of most gun permit holders will in the future be much harder to get, eliminating the controversy of exposing gun permit holders through the media.


The context of making public names and addresses of gun permit holders has been changed substantially by the new act.


Specific types of persons are described as being eligible for exemption from disclosure (to public and media), but the text of the law appears to allow gun license owners to apply for exemption from disclosure if they even consider they may be endangered or be subject to harassment by such disclosure. 


Individuals not fitting the specific categories of person who may request exemption request will be decided by the clerk or agency locally recording the permit. The law appears to make the decision to withhold disclosure purely subjective on the part of the county, jurisdiction or municipality keeping the gun permit record. The decision to not withhold appears to be based solely on whether the official deciding to exempt feels the request is “null and void,” whatever that means. The new act in terms of disclosure appears to eliminate the accessessbility to the public and the press of what could mean every gun permit holder.


WPCNR is seeking comment from authorities on whether this is a possibility.


The text of the section of the law dealing with disclosure as passed and signed, regarding the new grounds for individuals who may claim such exemption from disclosure of their name and address follows:


 

(I) THE APPLICANT’S LIFE OR SAFETY MAY BE ENDANGERED BY DISCLOSURE


BECAUSE:


(A) THE APPLICANT IS AN ACTIVE OR RETIRED POLICE OFFICER, PEACE OFFICER, PROBATION OFFICER, PAROLE OFFICER, OR CORRECTIONS OFFICER;



(B) THE APPLICANT IS A PROTECTED PERSON UNDER A CURRENTLY VALID ORDER


OF PROTECTION;



(C) THE APPLICANT IS OR WAS A WITNESS IN A CRIMINAL PROCEEDING INVOLV


ING A CRIMINAL CHARGE;



(D) THE APPLICANT IS PARTICIPATING OR PREVIOUSLY PARTICIPATED AS A


JUROR IN A CRIMINAL PROCEEDING, OR IS OR WAS A MEMBER OF A GRAND JURY;


OR



(E) THE APPLICANT IS A SPOUSE, DOMESTIC PARTNER OR HOUSEHOLD MEMBER OF


A PERSON IDENTIFIED IN THIS SUBPARAGRAPH OR SUBPARAGRAPH (II) OF THIS


PARAGRAPH, SPECIFYING WHICH SUBPARAGRAPH OR SUBPARAGRAPHS AND CLAUSES


APPLY.



(II) THE APPLICANT HAS REASON TO BELIEVE HIS OR HER LIFE OR SAFETY MAY


BE ENDANGERED BY DISCLOSURE DUE TO REASONS STATED BY THE APPLICANT.



(III) THE APPLICANT HAS REASON TO BELIEVE HE OR SHE MAY BE SUBJECT TO


UNWARRANTED HARASSMENT UPON DISCLOSURE OF SUCH INFORMATION.



(C) EACH FORM PROVIDED FOR RECERTIFICATION PURSUANT TO PARAGRAPH (B)


OF SUBDIVISION TEN OF THIS SECTION SHALL INCLUDE AN OPPORTUNITY FOR THE


APPLICANT TO REQUEST AN EXCEPTION FROM THE INFORMATION PROVIDED ON SUCH


FORM BECOMING PUBLIC RECORD PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.


SUCH FORMS SHALL NOTIFY APPLICANTS THAT, UPON DISCOVERY THAT AN


APPLICANT KNOWINGLY PROVIDED FALSE INFORMATION, SUCH APPLICANT MAY BE


SUBJECT TO PENALTIES PURSUANT TO SECTION 175.30 OF THIS CHAPTER, AND


FURTHER, THAT HIS OR HER REQUEST FOR AN EXCEPTION SHALL BE NULL AND


VOID, PROVIDED THAT WRITTEN NOTICE CONTAINING SUCH DETERMINATION IS


PROVIDED TO THE APPLICANT. FURTHER, SUCH FORMS SHALL PROVIDE EACH


APPLICANT AN OPPORTUNITY TO EITHER DECLINE TO REQUEST THE GRANT OR


CONTINUATION OF AN EXCEPTION, OR SPECIFY THE GROUNDS ON WHICH HE OR SHE


BELIEVES HIS OR HER INFORMATION SHOULD NOT BE PUBLICLY DISCLOSED. THESE


GROUNDS, WHICH SHALL BE IDENTIFIED IN THE APPLICATION WITH A BOX BESIDE


EACH FOR CHECKING, AS APPLICABLE, BY THE APPLICANT, SHALL BE THE SAME AS


PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION.



(D) INFORMATION SUBMITTED ON THE FORMS DESCRIBED IN PARAGRAPH (B) OF


THIS SUBDIVISION SHALL BE EXCEPTED FROM DISCLOSURE AND MAINTAINED BY THE


ENTITY RETAINING SUCH INFORMATION SEPARATE AND APART FROM ALL OTHER


RECORDS.



(E) (I) UPON RECEIVING A REQUEST FOR EXCEPTION FROM DISCLOSURE, THE


LICENSING OFFICER SHALL GRANT SUCH EXCEPTION, UNLESS THE REQUEST IS


DETERMINED TO BE NULL AND VOID, PURSUANT TO PARAGRAPH (B) OR (C) OF THIS


SUBDIVISION.



(II) A REQUEST FOR AN EXCEPTION FROM DISCLOSURE MAY BE SUBMITTED AT


ANY TIME, INCLUDING AFTER A LICENSE OR RECERTIFICATION HAS BEEN GRANTED.



(III) IF AN EXCEPTION IS SOUGHT AND GRANTED PURSUANT TO PARAGRAPH (B)


OF THIS SUBDIVISION, THE APPLICATION INFORMATION SHALL NOT BE PUBLIC


RECORD, UNLESS THE REQUEST IS DETERMINED TO BE NULL AND VOID. IF AN


EXCEPTION IS SOUGHT AND GRANTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDI


VISION, THE INFORMATION CONCERNING SUCH RECERTIFICATION APPLICATION


S. 2230 30 A. 2388


SHALL NOT BE PUBLIC RECORD, UNLESS THE REQUEST IS DETERMINED TO BE NULL


AND VOID.



(F) THE INFORMATION OF LICENSEES OR APPLICANTS FOR A LICENSE SHALL NOT


BE DISCLOSED TO THE PUBLIC DURING THE FIRST ONE HUNDRED TWENTY DAYS


FOLLOWING THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND


THIRTEEN, WHICH AMENDED THIS SECTION. AFTER SUCH PERIOD, THE INFORMA


TION OF THOSE WHO HAD APPLIED FOR OR BEEN GRANTED A LICENSE PRIOR TO THE


PREPARATION OF THE FORM FOR REQUESTING AN EXCEPTION, PURSUANT TO PARA


GRAPH (B) OF THIS SUBDIVISION, MAY BE RELEASED ONLY IF SUCH INDIVIDUALS


DID NOT FILE A REQUEST FOR SUCH AN EXCEPTION DURING THE FIRST SIXTY DAYS


FOLLOWING SUCH PREPARATION; PROVIDED, HOWEVER, THAT NO INFORMATION


CONTAINED IN AN APPLICATION FOR LICENSURE OR RECERTIFICATION SHALL BE


DISCLOSED BY AN ENTITY THAT HAS NOT COMPLETED PROCESSING ANY SUCH


REQUESTS RECEIVED DURING SUCH SIXTY DAYS.



(G) IF A REQUEST FOR AN EXCEPTION IS DETERMINED TO BE NULL AND VOID


PURSUANT TO PARAGRAPH (B) OR (C) OF THIS SUBDIVISION, AN APPLICANT MAY


REQUEST REVIEW OF SUCH DETERMINATION PURSUANT TO ARTICLE SEVENTY-EIGHT


OF THE CIVIL PRACTICE LAWS AND RULES. SUCH PROCEEDING MUST COMMENCE


WITHIN THIRTY DAYS AFTER SERVICE OF THE WRITTEN NOTICE CONTAINING THE


ADVERSE DETERMINATION. NOTICE OF THE RIGHT TO COMMENCE SUCH A PETITION,


AND THE TIME PERIOD THEREFOR, SHALL BE INCLUDED IN THE NOTICE OF THE DETERMINATION.


To Read the comple SAFE Act, go to http://open.nysenate.gov/legislation/bill/S2230-2013

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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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