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County reaffirms Second Amendment

But can’t supersede State law

By Joseph Abraham
Posted 9/6/22

SULLIVAN COUNTY –– The Sullivan County Legislature passed a resolution, by 7-2 vote, reaffirming the Second Amendment on Thursday, in response to the new State gun law that went into …

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County reaffirms Second Amendment

But can’t supersede State law

Posted

SULLIVAN COUNTY –– The Sullivan County Legislature passed a resolution, by 7-2 vote, reaffirming the Second Amendment on Thursday, in response to the new State gun law that went into effect on September 1. 

It also sought to authorize the County Manager to determine which County Properties would permit licensed gun owners to possess and carry a firearm in and on those properties. However, on Friday, the County confirmed that they could not supersede State Law.

“The resolution passed yesterday is symbolic of the majority of this Legislature’s feelings about the gun laws put into place by State leaders – laws we feel are overly restrictive and will not increase the safety of Sullivan County residents and New Yorkers in general,” Legislative Chairman Rob Doherty told the Democrat on Friday. 

“However, we do not have the ability to supersede State law. We are researching the State legislation’s language to determine if we have any discretion with these rules,” Doherty continued. “Regardless, Sullivan County will abide by the rules as set forth, including those for public buildings, which appear to be considered ‘gun-free’ zones.”

Background

June’s U.S. Supreme Court (SCOTUS) decision on New York State Rifle and Pistol Association (NYSRPA) v. Bruen invalidated New York’s 100-year-old gun control law restricting the concealed carrying of firearms.

New York Governor Kathy Hochul has since called the SCOTUS ruling “reckless and reprehensible,” and the State legislature, which is Democratically-controlled, took immediate action. In July, they passed the new gun law (which took effect Thursday) intended to change the concealed carry permitting process and added to eligibility requirements. 

As previously reported in the Democrat, the law limits areas in which concealed firearms may be carried, including places of business unless otherwise explicitly stated by business owners that firearms are welcome, as well as over 25 public and private spaces such as hospitals, schools and public transportation. Also, the state legislation deems that individuals who carry concealed weapons in sensitive locations or in contravention of the authority of an owner of private property, “will face criminal penalties.”

Town of Delaware Councilman Al Steppich expressed opposition to the new law when he was invited to speak during July 21’s Executive Committee meeting.

“The Governor, in her infinite wisdom, has basically passed anti-gun legislation again,” Steppich told legislators in July, “and the whole State is basically now a gun free zone or all sensitive zone. As a licensed gun owner, I can’t carry here or anywhere else in the State unless it’s determined that it is a welcome zone. So I’m just asking the County to reverse that and say that the County is a ‘gun friendly’ zone and legitimate licensed gun owners can carry unless otherwise posted.”

Following that comment, Doherty and District 5 Legislator George Conklin said they supported what Steppich had to say.

Thursday’s discussion

The initial title of the resolution, which was introduced by Doherty, Conklin and Vice Chair Michael Brooks, was “Declare Sullivan County a Gun Friendly County.” 

Some members of the public, as well as a couple of legislators, were critical of the implications of labeling the County as “gun friendly.”

During the public comment portion of the Public Safety and Law Enforcement Committee meeting, Lise Kennedy stated that she was uncomfortable with the title. 

“This seems to me to imply that our County is welcome to any person who may be carrying a gun legally or not,” she said. “In these times of frequent mass shootings, I think the title should be more specific to the issue and not seem to lay down the welcome mat for insurrectionists, those who favor martial law, people who feel entitled to impose their own will on others with a gun, motivated by hatred, bigotry, rage, or gree.”

District 2 Legislator Nadia Rajsz added that “gun friendly” made them sound like “the Wild West.” 

Sheriff Mike Schiff addressed some of the concerns raised by the public, and expressed his support of the County’s resolution. 

“This has been a gun friendly County since I grew up as a young man,” said Schiff. “There have been hunters, target shooters and people that just carry weapons for self protection. I saw nothing in it to change that. I am in favor of protecting our constitutional rights, and I believe that some people may feel that this is going to allow things to happen. 

“We’re not inviting illegal guns,” continued Schiff. “We’re not inviting criminals. The district attorney, all of our law enforcement in Sullivan County are only too happy and anxious to find people with guns [illegally]. We should search them out. The crime that’s happening on our streets is not from legal gun owners. It’s from criminals who don’t care whether you’re gun friendly or not.”

Chairman Doherty noted that he agreed with comments made by the Sheriff and reiterated his support of the Constitution.

“The Governor put these new rules into effect in one week, with no public comment whatsoever. We are pushing back on that saying that we have constitutional rights … As Americans we have the right to bear arms. It’s in the Second Amendment,” said Doherty. “That’s how important it is. It’s number two. And anytime we’re pushed on, we’re gonna push back. And that’s all there is to it.”

Following more discussion, legislators agreed to change some of the wording in the resolution and title, to reflect a reaffirmation of Second Amendment rights.

The resolution passed by a 7-2 vote, with Legislators Ira Steingart and Nadia Rajsz opposing it. While they both expressed support for the Second Amendment, they noted that they still had issues with the wording of the resolution and confusion it may cause.

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  • lhfc1563

    Glad to see County backing our Constitution and our rights!

    Can't understand how you would even think we would be illegal gun friendly. We are people friendly, business friendly and etc 'Friendly'.

    What we aren't is Evil, Criminal or illegal drug friendly but we are full of these!

    I don't understand how Gunther voted FOR this Bill, oh party pressure - must be.

    Tuesday, September 6, 2022 Report this