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Legislature Public Safety Committee Discusses SAFE Act Amendments

Plus other gun-related resolutions were reviewed by the legislators

 

The Rockland County Legislature's Public Safety Committee unanimously passed three resolutions relating to gun control that will go in front of the entire legislature at next week’s regular meeting.

The first resolution urges federal and state representatives to institute policy and legislative reforms with respect to gun control and increased mental health services. The second resolution requests state legislators and Gov. Andrew Cuomo take immediate action to amend the recently passed NY SAFE Act using recommendations from law enforcement officers. The third resolution urges state legislators and Cuomo to keep responsibility for pistol permit recertification process in the hands of the state instead of passing down to local governments.


Chairwoman of the Rockland County Legislature Harriet Cornell was a sponsor of the first resolution and said she wanted the resolution to show support to local schools. In January, a letter was sent to out calling for an end to gun violence from the Lower Hudson Council of School Superintendents, which is made up of 78 school districts, including Clarkstown, Nyack, South Orangetown and Nanuet.

“Fiscal restraints in our state and localities and our reduced aid have cut social workers,” Cornell said Wednesday night. “They’ve cut guidance counselors, they’ve cut psychiatrists and they’ve cut programs that address the social and emotional needs of our children, our students. So this is really an attempt to support our school officials, because they have the job working with our local law enforcement to protect our children. These are a list of the things that they are calling for.”

A few legislators, including Toney Earl, Chris Carey and Ed Day all expressed concerns with the resolution, but voted in favor of it so they could discuss it as a full legislature next week. Specifically, Earl thought the part of the resolution in regards to access to mental health services was too broad.

Day and Carey sponsored the second resolution, with both saying they felt the NY SAFE Act was passed too quickly.

“There were some oversights in trying to get the bill done quickly,” Carey said.

Carey and Day both said the oversights in their resolution cover things that seem like common sense but were left out of the bill.

“It was not really thought out on a number of levels and I think as witness to that is the unbelievable unintended consequence of making every police officer in the state of New York a criminal,” Day said. “It was shocking to a number of officers who I spoke to at a number of law enforcement meetings.”

The law calls for a number of gun control measures, including limiting magazines to seven rounds while law enforcement officers have guns with magazines of 15 rounds. There was no exemption written into the original law. Day said the resolution asks for four amendments to the act, which he got from the New York State Sheriff’s Association’s response to the NY SAFE Act. The amendments in Day’s resolution are:

  • active and retired law enforcement personnel will be exempt from provisions restricting magazine capacity to no more than seven rounds
  • common sense exemptions for law enforcement training should be included in sale of ammunition
  • definition of assault weapon is too broad and needs to be more clearly defined
  • local law enforcement should be fully included in review and implementation of school safety plans

“The resolution is strictly reflective of the strong points made by the sheriff’s association. It is in my view common sense,” Day said. “It allows active law enforcement to be armed at an appropriate level and retired law enforcement, who have been trained in firearms that have 15 rounds to a magazine and a handgun — and make no mistake about it, there have been plenty of instances where that has been necessary, where off-duty or retired police officers have had to take action.”

Clarkstown Policemen's Benevolent Association President John Hanchar spoke in favor of the amendments, telling the legislators that officers have trained with the same capacity magazines for upwards of 20 years, and they use a lot of muscle memory. To change it now would be putting officers in danger partially while they adjust to the smaller magazines.

Robert Van Cura, a recently-hired undersheriff with the Rockland County Sheriff’s Department, was on hand at the meeting and was asked about the amendments. He said Rockland County Sheriff Lou Falco was part of the group that wrote up the response to the NY SAFE Act, so he would be in favor of the amendments.

A fifth amendment to the resolution was originally included in the second resolution, but was taken out as it was similar to the third resolution that was voted on. Day and Carey agreed to take it out of their resolution so as to not overshadow the third resolution.

County Clerk Paul Piperato spoke out in favor of the third resolution, which talks about the possibility of state’s passing down to local governments the responsibility of conducting five-year pistol permit recertifications, which is a new law passed as part of the NY SAFE Act.

“While I support recertification, especially for our record keeping and especially for our law enforcement because our records are outdated because of the fact that there is no renewal process, I did not want to see the state push this down on the local level to take care of the recertification,” he said. “I don’t want to speak for the undersheriff or sheriff, but it’s just not a matter of sending out a letter and re-certifying individuals that had pistol permits. The real job comes when those letters come back [that] an individual moved or and individual passed away and the family never notified us, and they have a list of guns on that individual’s permit. Well, what do you do? What Westchester now does is they get about 30-40 letters back every month where their, I think they have a public safety department over in Westchester instead of a sheriff, their department deploys five detectives every month looking for these individuals or family members that have these guns. It’s a huge, huge expense on the county level.”

Things got a bit tense during the meeting with Cornell asked why it’s important for retired law enforcement officers to be included in exemptions to the new gun laws. While asking the question, Cornell referenced Christopher Dorner, the fired Los Angeles Police Department officer who made national headlines last week after a string of murders leading the LAPD on a week-long manhunt.

While speaking during public comments, Hanchar took offense to Cornell bringing Dorner up.

“I think you own us an apology,” Hanchar said, referencing Dorner as not only a fired police officer, but a “psychotic killer.”

Cornell said she didn’t mean to compare all retired police officers to Dorner, but was simply asking a question as to why retired officers should be included in the resolution. About 20 law enforcement officers were in the crowd at Wednesday’s meeting, and one who asked not to be named stood up and said both of his parents are retired law enforcement officers who have had their lives threatened by people they put in jail. The officer said his parents monitor parole boards to keep up and see if any people they put in jail might be released soon.

Day also noted that retired and off-duty cops have frequently taken police actions out in public if needed as well.

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Kathleen May 21, 2013 at 08:55 am
CANDLE Night at the Rockland Boulders Game Join CANDLE for a fun(d)raising game on May 23rd as theRead More Rockland Boulders take on the Trois-Rivieres Aigles. Proceeds from tickets purchased through CANDLE* will support programs that educate & empower youth and reduce substance abuse and violence in Rockland County and beyond.
Heywood Jablohme May 21, 2013 at 02:48 pm
I agree with most of your points, but surely you are not implying that teachers are expected toRead More produce funding to correct school roofs, right? I think you got a bit off topic here, but I agree that our educational infrastructure is in disrepair and is in desperate need of rehabilitation. Maybe if our teacher's unions allowed a little more leeway we could allocate funding a little more appropriately and fund the important things instead of overpaying paying dinosaur teachers who lost interest a long time ago and fight any and all forms of teacher benchmarking.
WGMom May 20, 2013 at 09:10 am
It's entirely true that every professional has out-of-pocket expenses. But as someone who worked asRead More a corporate trainer, I can guarantee you I NEVER had to pay out of pocket expenses for supplies to teach classes. Every piece of paper, supply, and even snacks for the participants were fully covered expenses. If I had to spend out of pocket money to procure supplies, I could submit for a reimbursement, and receive it, no questions asked. I am now in school to become a high school teacher and I can see the stark difference in how the education of folks in a corporate environment is incredibly different, and privileged, than the public school environment. I've sat through numerous classes in the Clarkstown and Ramapo districts, doing observations required for my education certification, and while Clarkstown certainly benefits from certain advantages, the shabbiness of being a public school is still there. Furniture, such as teacher desks, that looks like it was purchased in a garage sale 30 years ago... faculty bathrooms that are dark and dingy, nearly crumbling, and sorely in need of updating. Etc. The public expects teachers to have professional training, act professionally, but they lack sometimes basic resources and are expected to function in an environment that feels more like a dungeon than an institution of learning. The citizens of Clarkstown, if they could get a tour of some of the facilities they are expecting children to learn in, and teachers to teach in, would be very surprised. We do supply some great technology, but then we put it in classrooms with windows that won't stay closed when it's windy, as one example. I spent most of my time in South, which is the best of the bunch, facilities-wise. Clarkstown North is a mess, Woodglen's woods are littered with fallen trees no one's cleaned up after Sandy, Laurel Plains had to be shuttered thanks to that whole foul stench... the district is in a situation where there are major capital improvements that are going to be needed. Buildings are aging, and it seems it's only the most basic of upkeep that happens. The district can't even fix the roofs of the buildings without applying for a state grant.
Heywood Jablohme May 18, 2013 at 07:17 am
What professional doesn't spend $500 per year on out of pocket expenses related to their jobs?Read More Staples offering 10% (or 5 in some cases) is hardly an example of the community getting involved. Thankfully, there are other examples of the community and PTA's getting involved and providing needed services. Clarkstown and surrounding areas hardly have substantial unmet needs in their classroom, thankfully.
Truth4all May 16, 2013 at 11:37 am
I guess better late than never. LaCorte is serving his 4th year as Mayor and was Trustee for I thinkRead More 4 years before that. This year is the only time he has brought the idea to the village about participating in this program. He is motivated by the opportunity of getting positive press for his County Executive campaign. The village should have been involved in this program ( as well as the Americorps program) long before this. On a positive note, hopefully the Village will continue this worthwhile partnership for many years to come.