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LEGISLATIVE ALERT for Suffolk County New York. County Legislator DuWayne Gregory has filed a bill for "SAFE Storage". EVERYONE needs to immediately call or email his office and remind him that this type of law in unconstitutional and ineffective and will not be tolerated. His phone number is (631) 853-4088 and his email is [email protected]

Intro. Res. No. 1777-2016 Laid on Table 9/7/2016
Introduced by Presiding Officer Gregory

RESOLUTION NO. -2016, ADOPTING LOCAL LAW NO. -2016, A LOCAL LAW TO REQUIRE SAFE STORAGE OF FIREARMS

WHEREAS, there was duly presented and introduced to this County Legislature at a meeting held on  , 2016, a proposed local law entitled, "A LOCAL LAW TO REQUIRE SAFE STORAGE OF FIREARMS"; now, therefore be it

RESOLVED, that said local law be enacted in form as follows:

LOCAL LAW NO.  -2016, SUFFOLK COUNTY, NEW YORK

A LOCAL LAW TO REQUIRE SAFE STORAGE OF FIREAMS

BE IT ENACTED BY THE COUNTY LEGISLATURE OF THE COUNTY OF SUFFOLK, as follows:

Section 1. Legislative Intent.

This Legislature hereby finds and determines that injuries and fatalities attributable to unsecured or improperly stored firearms are a serious threat to public health.

This Legislature also finds and determines that reasonable regulation of the storage of firearms is necessary and proper to enhance safety in the home and reduce the incidence of violent crime while respecting the rights of gun owners.

This Legislature further finds and determines that unintentional shootings or impulsive acts of domestic violence and self-inflicted harm are significantly increased in households where firearms are unsecured, unlocked and easily accessible to children and unauthorized users.

This Legislature finds that studies have determined that 70 percent of child shooting deaths could have been prevented if the firearm had been properly secured and further this Legislature views such preventable child deaths as not merely tragic, but as a pediatric health crisis which our society must take action to address.

This Legislature also determines that improperly stored firearms can contribute to the occurrence of incidents of intentional self-harm and research suggests that the risk of suicide increases in homes where firearms are kept unlocked or unsecured.

This Legislature also finds that some of the most horrific acts of violence in this country's recent history have involved the use of firearms in the school setting.

This Legislature further finds that secure storage of firearms can help avert tragedy by preventing children from accessing their parents' unsecured firearms and bringing them to school.

Therefore, the purpose of this law is to regulate the storage of firearms to keep firearms out of the hands of children and other unauthorized users and to promote responsible gun ownership.

Section 2. Definitions.

"FIREARM" - shall mean any weapon from which a shot is discharged by force of an explosive, or a weapon which acts by force of gunpowder, and shall include any weapon capable of being loaded with powder, ball or ammunition, including but not limited to handguns, pistols, rifles, shotguns, and machine guns, whether completed, assembled or from which any part or piece has been removed therefrom.

"PERSON" - shall mean any natural person, firm, partnership, association, corporation, company or organization of any kind.

"PHYSICAL INJURY" - means any impairment of physical condition or substantial pain.

"SAFETY LOCKING DEVICE" - shall mean a design adaptation or attachable accessory that will prevent the use of the firearm by an unauthorized user, and includes, but is not limited to, a trigger lock, which prevents the pulling of the trigger without the use of a key, or a combination handle, which prevents the use of the weapon without the alignment of the combination tumblers.

"SAFE STORAGE DEPOSITORY" - shall mean a safe or other secure container which, when locked, is incapable of being opened without the key, combination or other unlocking mechanism and is capable of preventing an unauthorized person from obtaining access to and possession of the firearm contained therein.

"SERIOUS PHYSICAL INJURY" - shall mean physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

Section 3. Safe Storage Depositories or Safety Locks Required.

(A) No person who owns, controls or is custodian of a firearm shall store or otherwise leave such firearm out of his or her immediate possession or control without having first either 1) securely locked such firearm in an appropriate safe storage depository or 2) rendered such firearm incapable of being fired by use of a safety locking device appropriate to that firearm.

Section 4. Report of Theft or Loss to Police Department.

Any theft or loss a firearm, whether from a storage vault, safe storage depository or other location, shall be reported immediately upon discovery to the Suffolk County Police Department. The Suffolk County Police Department shall maintain a record of all such reported thefts, including the identity of the owner of the firearm, the caliber, make, model, manufacturer's name and serial number of the firearm, the place where the theft or loss occurred, the manner in which such firearm had been sorted, and the time and date when the loss or theft was discovered.

Section 5. Penalties for Offenses.

A. Any person who shall violate or shall neglect or refuse to comply with Section 3 of this local law:

1. upon conviction of a first offense which does not result in physical injury, serious physical injury or death, shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment not exceeding 15 days;

2. upon conviction of a second offense or of a first offense which results in physical injury, serious physical injury or death, shall be guilty of a misdemeanor punishable by a fine not exceeding $1,000 or by imprisonment not exceeding one year, or by both such fine and imprisonment.

Section 6. Applicability.

This law shall apply to --- occurring on or after the effective date of this law.

Section 7. Severability.

If any clause, sentence, paragraph, subdivision, section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.

Section 8. SEQRA Determination.

This Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this law constitutes a Type II action pursuant to Section 617.5(c)(20), (21), and/or (27) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, management and information collection. The Suffolk County Council on Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non-applicability or non-significance in accordance with this law.

Section 9. Effective Date.

This law shall take effect immediately upon its filing in the Office of the Secretary of State.

[ ] Brackets denote deletion of existing language
___ Underlining denotes addition of new language

DATED:

APPROVED BY:

____________________________
County Executive of Suffolk County

Date:
 

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Now which twit was it that was arguing with me here that claimed DuhWayne was not anti-gun????

OK guys - don't make excuses - schedule for a day off when this comes up in the legislature!

"locked up or disabled" was struck down by Heller - that SHOULD be enough to stop it... And a room FULL of Law-Abiding-Gun-Owners saying NO will help.

One of our elected idiots tried this about 15 years ago - a few of us met with him on friggin' thanksgiving morning - "they only time he's available to meet" His claim then "for the children" was based on ONE child that had been accidentally shot.. TWENTY-FIVE years earlier!!! That one got tabled in the end as I recall.

If one of you has the time to find out.... exactly HOW MANY 'accidental' shootings have we had - DUE TO an unsecured firearm IN SUFFOLK in the last 10-15 years..... It SHOULD be easy, since the legislature, or mr gregory MUST have done that research already right??? (yeah, sarcasm...)
 

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Makes sense, the Commie Dems want to make sure that if any of their voters breaks into a regular American's home it will be harder for the Regular American to use his evil gun to shoot a good Democrat voter.
 

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The State Penal Law is a pre-emptive law. Local governments can not enforce ANY local law in regards to LEGAL handguns.
It is interesting that they redefine a "firearm".
I think that is also precluded by the Penal Law. And the case law.
 

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The State Penal Law is a pre-emptive law. Local governments can not enforce ANY local law in regards to LEGAL handguns.
It is interesting that they redefine a "firearm".
I think that is also precluded by the Penal Law. And the case law.
That has never stopped them before, remember Nassau's "Colored Gun Ban"? Alan Chwick had to take them to court and won, with a substantial bit of help from SAFE, the NRA, and a lot of other folks who contributed
 
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The State Penal Law is a pre-emptive law. Local governments can not enforce ANY local law in regards to LEGAL handguns.
It is interesting that they redefine a "firearm".
I think that is also precluded by the Penal Law. And the case law.
We are in a post rule-of-law era as much as we are in a post Constitutional era. As long as they can get away with it, they will do what they want.

 
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That has never stopped them before, remember Nassau's "Colored Gun Ban"? Alan Chwick had to take them to court and won, with a substantial bit of help from SAFE, the NRA, and a lot of other folks who contributed
That was my point. There is established case law in this Judicial District. A lawsuit should be more or less an automatic win. A local Court can not overturn the Appellate Division.
 

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If my kids shoots someone in my house it is not by accident and if they miss they will have alot of explaining to do when I get home.

Stupid law Oh it going to spot someone from killing themselves we should them ban garage doors and cars as that is one of the top way of killing yourself go for a drive in your garage.
Lock up my house gun oh wait it is its lock in my house.

So dose this mean I'll be getting a visit from to Poepoe all hours of the night to see if my gats are locked up.
 

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Now which twit was it that was arguing with me here that claimed DuhWayne was not anti-gun????

OK guys - don't make excuses - schedule for a day off when this comes up in the legislature!

"locked up or disabled" was struck down by Heller - that SHOULD be enough to stop it... And a room FULL of Law-Abiding-Gun-Owners saying NO will help.

One of our elected idiots tried this about 15 years ago - a few of us met with him on friggin' thanksgiving morning - "they only time he's available to meet" His claim then "for the children" was based on ONE child that had been accidentally shot.. TWENTY-FIVE years earlier!!! That one got tabled in the end as I recall.

If one of you has the time to find out.... exactly HOW MANY 'accidental' shootings have we had - DUE TO an unsecured firearm IN SUFFOLK in the last 10-15 years..... It SHOULD be easy, since the legislature, or mr gregory MUST have done that research already right??? (yeah, sarcasm...)
Jon Cooper tried this stunt. It was tabled and never came back due to the consent opposition from SAFE and angry gun owners. Keep your nose out of my house. My guns are my responsibility.
 

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Jon Cooper tried this stunt. It was tabled and never came back due to the consent opposition from SAFE and angry gun owners. Keep your nose out of my house. My guns are my responsibility.
Yup, remember it well. We were both there, with a lot of others. SAFE stopped that one cold
 
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Every day, about ten people die from unintentional drowning. Of these, two are children aged 14 or younger. Drowning ranks fifth among the leading causes of unintentional injury death in the United States.[sup]1[/sup]

Drowning's BIGER PROBLEM so where's the law to ban Pools, hot tubs, going in water at beach and bath tubs.....I mean if these people are so concerned about lives let it all hang out. We could stop driving using power tools the list just goes on and on... We have some real idiots in these positions having to feel like they have to do something....
 

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Done,
I remember it was posted on the forum that The Suffolk Leg. Pass a law to make SCPD issue full carry to licensee's a decade ago. We see how much the County Exe. And PD adhered to the Legislature on that one.....
 
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Done,
I remember it was posted on the forum that The Suffolk Leg. Pass a law to make SCPD issue full carry to licensee's a decade ago. We see how much the County Exe. And PD adhered to the Legislature on that one.....
The bill was 678-96. I don't recall what the law number is. Problem was a fecal-brained PD attorney advising the commissioner.... who was also an arrogant plick - that didn't believe in our constitution.... We got anew commissioner out of that, but the same legal advisor... There were bad decisions by the suits all around on that one.
 

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How will they enforce this law? Knock on every gun owners door and say i need to see your gun safe?
That part comes in another year or two.... "Well, we passed this wonderful law - BUT, we can't enforce it if we don't inspect your homes!!!" The bill will be known as the "What Fourth Amendment? bill"
 
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