THE GIST OF THE “NY SAFE ACT OF 2013”

You may think the SAFE Act is one law. ONE ACT = ONE LAW? It isn’t. The Act embraces a slew of laws. It’s a grab bag of laws under one tag. The State Legislature changed or added wording to a body of existing law and gave it a name. Governor Cuomo touts the Act as promoting safety – hence the tag, “NY SAFE Act.” But the popular name is a misnomer because the Act is about gun control not public safety.

In fact, the official long form title of the Act, the “New York Secure Ammunition and Firearm’s Enforcement Act of 2013,” adheres to its true aim: gun bans and restrictions. The word, ‘safe,’ is an acronym. It’s made from the first letter of four words: ‘secure,’ ‘ammunition,’ ‘firearm’ and ‘enforcement.’ The acronym belies the Act’s intent. But Cuomo certainly wouldn’t get traction from “Secure Ammunition and Firearm’s Enforcement Act.” That’s a hard sell. So the image makers invented a name to disguise the Act’s true intent, and the mainstream media latched onto it. So we have the “SAFE Act of 2013” a/k/a “NY SAFE.”

The “SAFE Act” consists of 58 Sections – codified in the Consolidated Laws of New York. It embraces Criminal Procedure, the Penal Law, the General Business law, the Family Court Act, the Executive Law, the Mental Hygiene Law, the Surrogate’s Court Procedure Act, and the Education Law. The mainstream media, working in tandem with the antigun politicians, suggests the SAFE Act is straightforward and easy to understand. It isn’t. The SAFE Act is long and complex. Parts are vague and ambiguous – even contradictory. Whether by accident or design, New York residents must suffer it until the courts defeat it.

  • WHY DID THE STATE LEGISLATURE ENACT NY SAFE?
  • WHEN DID CUOMO SIGN IT INTO LAW?
  • HOW DID CUOMO AND THE STATE LEGISLATURE IMPLEMENT IT?
  • WHAT MORE IS IN STORE FOR THE NY PUBLIC?

New York had extraordinarily restrictive antigun legislation in place for decades — long before the “Columbine High School” and “Sandy Hook Elementary School” incidents. In fact, New York’s antigun legislation was always among the most restrictive in the Nation. Yet, for both Governor Cuomo and his allies in the State Legislature it wasn’t enough. They wanted more. But, Governor Cuomo and his allies in the New York State Legislature required an excuse before imposing yet more draconian legislation on the public. And they needed a tragedy to cloak their sinister desire: crippling the Second Amendment and denying the American People their inalienable right to keep and bear arms. The Columbine High School incident had occurred over a decade ago — on April 20, 1999.  To impose the “SAFE Act” the Governor and his allies needed a recent incident — one closer in time and closer to home, while emotions among antigun zealots and other ignorant members of the public “ran high.”  So, they bided their time. They knew an incident would occur. They were banking on it. After all, violent criminal acts occur regularly. But, Cuomo and his allies in the State Legislature needed one involving guns.  That would suit them. That would best serve their purpose. That’s what they were looking for.  And, that’s what they got.

The Sandy Hook Elementary School incident came along on December 14, 2012. The incident was perfect. School children were among the victims. The incident gave Cuomo and the antigun establishment the impetus and excuse they needed — the one they were looking for — to further restrict gun ownership and possession in New York. They pounced. The SAFE Act sprang to life one month later. Governor Cuomo signed the Act into law on January 15, 2013.

You may ask, “did the New York State Legislature complete a draft of the SAFE Act prior to the ‘Sandy Hook Elementary School incident?’” Understandably, you might think so; arguably it did. The text is lengthy and complex. Doubtless, one month isn’t sufficient time to prepare it. Likely, it sat in the Legislature, waiting for the right moment to be unleashed. The Sandy Hook Elementary School incident gave them that.

The plotters moved stealthily in the darkness of night and thrust the Act on an unsuspecting public. Thus, the public didn’t have a chance to voice its opposition. Cuomo and the mainstream news media would seek to mute such public outrage that might follow the Act’s passage. And public outrage did follow the Act’s passage. And Cuomo and the mainstream news media did seek to mute public outrage to the SAFE Act. Cuomo and the antigun establishment don’t care. They fought continuously and relentlessly against the best interests of the public – and they continue their fight against the public’s best interests – to defend an indefensible, unconstitutional, and ludicrous piece of legislation.

Universal gun confiscation is the endgame. Talk of gun safety and gun violence are merely ploys. The SAFE Act is the model for State and Federal restrictive gun legislation. The American people have seen other States enact similar legislation. The public has defeated much of it. Recent federal antigun legislation, sponsored by Senator Dianne Feinstein — intended to resurrect the Assault Weapons Ban that expired on September 13, 2004 — failed miserably in the Senate. Feinstein sought to deny Americans access en masse to semiautomatic firearms. Both she and her cohorts in Congress attempted this affront against the American People several times since the expiration of the “AWB” in 2004.  And they always failed. The Second Amendment prevailed. Still, she and her allies in Congress  continue their attack on the Second Amendment, in clear defiance to the Will of the American People and to the Aims of the Founders of our Republic.

Action against the SAFE Act continues at the appellate court level. Yet, Cuomo and the antigun establishment work toward ever more restrictive gun control measures. This, despite the public’s insistence they stop. Anti-Second Amendment proponents, like U.S. President Barack Obama, former New York Mayor and billionaire Michael Bloomberg, and secretive globalist interests both here and abroad, continually press for further restrictive gun control measures. Cuomo and his antigun allies in the State Legislature tighten the noose slowly. They take steps to restrict gun ownership and gun possession incrementally. The SAFE Act is merely a chapter in a continuing saga of restrictive firearms laws. The SAFE Act is a direct and unabashed challenge to the U.S. Supreme Court’s Heller decision:  The right of the People to keep and bear arms is an individual right and it is a fundamental right. Cuomo and his antigun allies in the State Legislature butt up against Heller and they intend to push the Heller decision to the wall.  Pushback, though, is inevitable. And New York gun owners have pushed back and are continuing to do so in defense of their inalienable right to keep and bear arms and in defiance to Cuomo and the State Legislators who proposed and supported the SAFE Act.

The SAFE Act and other similar restrictive gun control measures are in clear defiance of the American will and in contradistinction to the inalienable right of the American People to keep and bear arms. The citizenry of this Country must remain ever vigilant against such deleterious influences if it is to safeguard its liberties as guaranteed under the Bill of Rights of the United States Constitution.

HOW DOES THE SAFE ACT WORK?

NY SAFE has two facets: firearms reduction and firearms restriction.

FIREARMS REDUCTION

Firearms reduction means fewer kinds of guns available to the public. And this means gun bans. How does the SAFE Act ban guns? It does so by calling guns, “assault weapons.” The expression, ‘assault weapon,’ is a legal fiction. Neither the military nor the firearms industry defines or uses it. The words, ‘assault weapon,’ have no technical meaning or utility. The words are a construct: a political invention. Simply call a gun an “assault weapon,” then ban it.

New York has banned firearms under the name ‘assault weapon’ before. The SAFE Act adds guns to the list by redefining ‘assault weapon.’ The SAFE Act is flexible. The Legislature will continually redefine and refine ‘assault weapon’ – the banned category – so ever fewer guns will remain available to the New York resident. As a salient component of the SAFE Act, the ‘assault weapon’ stratagem is the principal means by which Cuomo and the State Legislature intend to weaken the Second Amendment, within the jurisdiction of New York. And, with all its component parts in place, the SAFE Act is the vehicle through which Cuomo and the State Legislature intend – within the jurisdiction of New York – to destroy it.

FIREARMS RESTRICTION

Firearms restriction means fewer people having access to guns. To effectuate the goal of firearms restriction, the Act focuses attention on two areas: domestic relations and mental health. The Act poses a danger to civil liberties by increasing the authority of the State Police sans appropriate Legislative oversight. It limits judicial discretion and overburdens the courts with nonjudicial, administrative functions. It imposes additional tasks on mental health workers and interferes with the doctor and patient relationship. The Safe Act is perverse. It finds fault in personal misfortune. It then uses that misfortune to deny a person his inalienable right to keep and bear arms. Thus, through intrusive Government interference in the private lives of citizens the SAFE Act undermines the Second Amendment Right to keep and bear Arms – and undercuts the Fourth Amendment Right to privacy as well. Other Constitutional provisions are certainly negatively impacted.