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ALERT - Suffolk County Safe Storage Law Filed - CALL NOW

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#1 ·
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 PresidingOfficer.Legislature@suffolkcountyny.gov

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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#2 ·
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...)
 
#13 ·
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.
 
#3 ·
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.
 
#5 ·
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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#11 · (Edited by Moderator)
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.
 
#16 ·
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....
 
#17 ·
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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#18 ·
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.
 
#20 ·
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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#22 ·
There May be a vote on it.... we'll have to keep an eye on the agenda - AND it's time to call your County Legislator and inform them that this bill is NOT what we need, and that it has already been ruled Unconstitutional under Heller, AND State Law is Pre-emptive under Chwick v. Mulvey. And make sure they are NOT going to vote for it.

Hopefully we can get through to this guy and get him to withdraw it before it comes up.
 
#24 ·
He is running against King, who is NO friend of ours....but this guy is worse
 
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#27 ·
I've spoken with several Legislators, none of whom can figure out how this would pass the constitutionality test given the other decisions. Speak to YOUR legislator, as well as continuing to send your 'love' to Gregory!
 
#26 ·
Folks:
If it gets to the point where there is a hearing, on this proposed legislation, SASI expects to be there, large and loud. Hopefully, we will, also, see as many of you, there, as can make it. In the meantime. get those letters out, make those phone calls, send those E-mails, letting his man know that we are not sheeple and we will not tolerate this type of dictatorial nonsense.
Gary
 
#30 ·
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 PresidingOfficer.Legislature@suffolkcountyny.gov
Do you have any idea when this "bill' will be discussed at a meeting? I cannot find any information on the Suffolk Legislature website about it. Thanks, Judy Pepenella
 
#31 ·
Judy- It isn't scheduled yet, keep an eye on the committees, that is where things like this show up first. When I hear anything I will spread the word. Good seeing you here
 
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#32 ·
Folks:
One of SASI's members, who prefers to remain anonymous, has done some research and offered a pre-drafted letter, the contents of which you may wish to use, as all or part of your letter, E-mail or phone call, when contacting Legislator Gregory and/or any and all of the other County Legislators, about this proposed travesty.
The text follows:

Legislator Gregory:
First and foremost, your proposed legislation is wholly based upon a fabricated issue.
Please advise me of the specific studies you cited, in the preamble to your proposed legislation. We have done the research and, according to the CDC, in New York State, accidental firearm deaths for 0~19 year olds, (a very generous definition of child) are almost non-existent.
Here's a table, compiling CDC data, comparing firearms accident rates (the most likely cause of a firearms accident is, of course, a hunting accident, making the law you propose even more absurd) for 0~19 year olds, to other accident rates:
1. Motor vehicle accidents: 11.0
2. Poisoning: 10.7
3. Falls: 8.4
4. Suffocation & choking: 2.0
5. Drowning: 1.2
6. Fires & burns: .9
7. Medical "misadventures:" .7
8. Environmental factors: .5
9. Bicycles & tricycles: .26
10. Firearms: .20.
The data source is the National Center for Health Statistics and is presented as fatalities per 100,000.
Since poisonings, plus bicycle and tricycle accidents are more common, will you be proposing a mandatory tricycle storage law first? Wouldn't you agree that children shouldn't access these vehicles because they cause more accidental fatalities, than firearms. Or, maybe, require all cabinets, containing household cleaners, to be locked?
After causes one through nine of accidental death are addressed, maybe the legislature can start talking about monitoring what we are doing, in our own homes?
Then, there's the "suicide" argument, referenced in your proposed and ill-thought out legislation's preamble. Look at Japanese suicide statistics. Look at South Korean ones. These are societies where there is very little gun ownership. The suicide rates are much higher, in both of those places, than in the United States. I'm sure that someone, who is willing to take his or her own life, won't be stymied, by a locked cabinet. Please look at this data before you attempt to pass a law, which can only be enforced by invading our bedrooms.
In addition to being outrageously invasive, preempted by state law and inconsistent with the Constitution, you, as a legislator, are sworn to uphold and, therefore, illegal, it does these things for no societal benefit.
It is Illegal. As a legislator, I'm sure you are aware that, as noted in such cases as Chwick v. Mulvey, the state has occupied the field, with respect to firearms regulation. In fact, the state legislature already saw fit to pass a storage law, in New York, where someone residing with an individual, which individual is prohibited, by federal law, from possessing a firearm, must keep it locked and away from that person. Rewriting it is outside the scope of municipal authority. Also, we already have reckless endangerment laws.
As Poughkeepsie's counsel noted, with respect to a proposed gun storage law, there: "The proposed ordinance may be challenged, on the grounds that it may prohibit the use of functional firearms within the home, which is a protected right, under the second amendment."
In Heller, our nation's Supreme Court explicitly ruled that: "A law, which seeks to mandate the use of lock boxes or similar devices, would frustrate an owner's ability to immediately access an operable weapon, for the lawful purpose of defending oneself and household members."
As a judge noted, in our home county of Suffolk: "Simply put, the State of New York [post-Heller] and its agencies, are no longer in a position to require that a handgun be stored, in an inoperable condition or otherwise locked up, if it is legally present, in the owner's dwelling." (Colaiacovo v. Dormer)
Additionally, your proposal harms us. One academic study has noted: "Our paper analyzes both state and county data, spanning nearly twenty years and we find no support that safe storage laws reduce either juvenile accidental gun deaths or suicides. Instead, these storage requirements appear to impair people's ability to use gun's defensively. Because accidental shooters also tend to be the ones most likely to violate the new law, safe storage laws increase violent and property crimes against low risk citizens, with no observable offsetting benefit in terms of reduced accidents or suicides. During the first five full years, after the passage of the safe storage laws, the group of fifteen states, which adopted these laws, faced an annual average increase of over 300 more murders, 3,860 more rapes, 24,650 more robberies and over 25,000 more aggravated assaults." (Lott and Whitley, Safe Storage Gun Laws: Accidental Deaths, Suicides, and Crime).
How many people are the victims of crime, in Suffolk County? How many of those are left, defenseless, by the county policy of making unrestricted handgun licenses almost impossible to get, other than for retired law enforcement officers, the rich and the prominent? It's interesting that you focus on a non-issue, which, actually, makes it harder for people to defend themselves, from the very real and easily demonstrated issue of violent crime. Moreover, legislation, like that which you propose, imposes firearms storage costs, for no benefit, on people seeking the ability to defend their home and who are, already, living in areas with a higher level of victimization.
We have a Fourth Amendment, also, in case you are not aware of same. There is only one way to enforce this proposed law and that's to invade our bedrooms. We already have enough laws, on a federal, state and town level. We pay you to stay out of our bedrooms and to do the job to which you were sworn, which includes upholding, not opposing the Constitution and the US Supreme Court.
The issue, which your proposed and ill-thought out legislation seeks to address, is non-existent. Your means of addressing this non-existent issue are damaging, to our security, finances and right to be left alone, from government presence, in our home and elsewhere. It is illegal and unconstitutional.

Also, SASI's official position letter went out, this morning, by E-mail, to Mr. Gregory. A PDF of same is attached. You may, also, feel free to use any or all of it, in your correspondence.
Gary
 

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#33 ·
Yup, Mr. Gregory was present and got a copy of that same information several years ago from me when SAFE did some research for members of the Legislature when there was an air gun ban bill in the Legislature...He was handed a copy by me so he cannot claim ignorance
 
#36 ·
I have an email from SCOPE - Today - saying this is on the calendar for 29 Sept.... I haven't verified this yet, so just a 'be prepared' for now.
 
#37 ·
And as of now, there is no agenda posteed for the 29th.....
 
#39 ·
OK - I stopped into Gregory's Amityville office this morning and spoke to his assistant...

.....She said there's only been "4 or 5 calls" I hope she's wrong, and that all of you aren't slacking off....

I handed her both the Court decision posted earlier regarding Heller, and the Letter Gary posted -which she said she has not seen.

Apparently Mr Gregory claims "there is misinformation" about the constitutionality and legality of his bill - (his statement per his assistant) I think they misunderstand the ruling in the Nassau (colaiacovo) I explained to her that in paragraph 3 the court states that Under the Heller decision, safe storage laws are unconstitutional - that it is simply a Local court decision affirming a Federal Court ruling.

We also discussed school safety - I explained how we need a firearms safety program in our schools - and described the Eddie Eagle program - which she never heard of. And also mentioned that there are rifle teams in Long Island schools (she was very surprised - especially hearing that the shooters are also high acheivers)

As of this morning she said it may be on for 5 Oct... But I'll say we need to keep our eyes open and be ready to appear 29 Sept as well.
 
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#41 ·
And Mr. Gregory and his staff are, also, die-hard devotees of the Easter Bunny, the Tooth Fairy, Santa Claus and elves. Is anyone surprised, at the responses of Mr. Gregory and his staff? It would seem that they easily forget that which is not convenient to their agenda. Hurry, hurry, before anyone realizes! Press that "I didn't know" button.
Gary
LMAO!!!! I was going to post that I liked your original reply beter than your edit..... but oddly, when I hit the 'quote' button - your original post came up!!!! Never saw that happen before!

I even deleted my text and clicked 'quote' again to be sure it was happening.....
 
#47 ·
Ok.... I have NOT heard back from his office on the date, but i know his office has told others it will be 29 Sept in Hauppauge... lets make a showing that makes him regret it.
 
#50 ·
Phone number another one 631 845 1111 called spoke with the person who answered wasn't to nice as he just said read the bill it constitutional. Well I gave him a piece of my mind. Then in the email I sent which was no very nice. The guys a jerkoff that's the only work this site would let me post.
 
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