Statements of 19 State Senators who opposed the New York gun ban
By Martin Hill
LibertyFight.com
January 15, 2013 UPDATED: Jan. 21, 2013.


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Following is a collection of official statments available from the 18 New York State Senators who voted NO on S2230, the New York "SAFE ACT" (New York's Secure Ammunition and Firearms Enforcement Act) passed by the New York State Senate 43-18 on Monday, January 14, 2013. All statements are linked to their official websites and to local news reports where available. One additional Republican, Lee M. Zeldin, was excused for Army Reserve duty and issued a written statement against the bill (below). There were four women among the 18 lawmakers who voted no. Some have not yet issued statements, but their contact information is listed.

The vote tally in the NY State Senate was as follows:
VOTE: FLOOR VOTE: - Jan 14, 2013
Ayes (43): Adams, Addabbo, Avella, Boyle, Breslin, Carlucci, Diaz, Dilan, Espaillat, Felder, Flanagan, Fuschillo, Gianaris, Gipson, Golden, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Latimer, LaValle, Marcellino, Martins, Montgomery, O'Brien, Parker, Peralta, Perkins, Rivera, Sampson, Sanders, Savino, Serrano, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky

Nays (18): Ball, Bonacic, DeFrancisco, Farley, Gallivan, Griffo, Larkin, Libous, Little, Marchione, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Ritchie, Robach, Seward, Young
Excused (1): Zeldin


Senator Greg Ball
http://www.nysenate.gov/senator/greg-ball

In his official press release, Senator Ball stated

"SENATOR BALL ON CUOMO'S GUN GRAB
Posted by Greg Ball on Monday, January 14th, 2013
"Albany, N.Y. 1/14/2013 "We needed solid provisions to keep the violently, mentally ill from harming our communities, our kids and our families. That didn't happen tonight. While much in this bill, as far as stiffer penalties for real criminals and help on the mental health front is good, the last minute push, in the middle of the night without critical public input from sportsmen and taxpayers was outrageous and forced members to vote on a bill they had not read. While I'm glad we won on many fronts, including my permit privacy legislation against the Journal News, I simply cannot support a bill that turns law abiding citizens into criminals by creating an entire new category of illegal firearms out of currently legal rifles and shotguns," said Senator Greg Ball."

Ball is also quoted in Capitol Confidential as saying "We haven't saved any lives tonight, except for one: the political life of a governor who wants to be president... I voted no, and I only wish I could have done it twice."

Senator John J. Bonacic
http://www.nysenate.gov/senator/john-j-bonacic

In his official press release, Senator Bonacic stated, in part,

"As the Daily Freeman quoted Ulster County Sheriff Paul Van Blarcum, in an article on January 13, 2013: "Anybody wants to do anything, they will find a way to do it." The Sheriff pointed out that more restrictive gun and ammunition laws will not solve the crime problem. Sadly, I believe that is true.
Calls to my offices have been overwhelmingly against more gun control. When my constituents are overwhelmingly against something, and the bill we are asked to vote on is rushed through without any public review, that is nearly always a good reason to vote "no."

New York State, for years, has had the toughest gun laws in the nation. In reading the summary of the legislation provided (my comments below are based on how the legislation has been explained, because the print of the bill has not been shown to Legislators as I write this - 8 PM on January 14), it appears law abiding citizens would become criminals - eligible to be sent to jail, simply by failing to tell the government they own guns they lawfully purchased.

Equally problematic is the provision in the legislation prohibiting more than seven rounds in a ten round magazine - something irrelevant to a criminal. Under the legislation, magazines people now own, which are capable of holding ten rounds (bullets) continue to be legal, but a person may only load seven rounds in them. It strains credibility to believe a criminal bent on a massacre is going to load only seven bullets in a ten round magazine. Law abiding citizens, on the other hand, who erroneously load too many bullets in a magazine, would be criminals under the legislation.

Too often, in a rush to be "first" or "toughest"� or in a desire to vote on something that "sounds good" or appeases a particular constituency, substantive policies are carelessly enacted. I sincerely hope this law does stop another massacre, but I honestly believe it is nothing more than window dressing designed to make people feel secure until the next tragedy strikes - all while criminalizing the actions of otherwise law abiding citizens."

Senator John A. Defrancisco
http://www.nysenate.gov/senator/john-defrancisco

Senator DeFrancisco issued an official press release on January 18, 2013, stating

Related issues: Gun Control
Here is some helpful information on how the NY Safe Act of 2013 will impact gun owners. Please click on the attachment below.
Attachment: NY Safe Act

Senator Hugh T. Farley
http://www.nysenate.gov/senator/hugh-t-farley


Senator Patrick M. Gallivan
http://www.nysenate.gov/senator/pat-gallivan

Senator Gallivan issued an official press release on January 15, 2013, stating:

STATEMENT FROM SENATOR PATRICK M. GALLIVAN
Posted by Patrick M. Gallivan on Tuesday, January 15th, 2013
Related issues: Courts, Crime, Gun Control, Hunting and Fishing, Murder or Homicide, Recreation and Tourism, Victims

Former State Trooper and Sheriff of Erie County Votes "No" On Omnibus Gun Control Package

"Recent tragic events have justifiably focused the nation’s collective attention on violence, and what can be done to ensure that our communities, neighborhoods and schools are safe."

As a career law enforcement professional, I am supportive of increasing penalties for illegal possession and the illegal use of weapons, keeping weapons out of the hands of criminals and those with mental health issues that endanger others, improved measures to combat gang activity, increased penalties for those who target first responders, and numerous other proven measures that enhance public safety."

"While this omnibus legislation begins to address a number of the issues that many law enforcement professionals have long advocated for, I could not in good conscience vote for a law which contains provisions proven to have no effect on public safety and infringes upon the constitutional rights of law abiding citizens."

Senator Joseph A. Griffo
http://www.nysenate.gov/senator/joseph-griffo

In his official press release, Senator Griffo stated, in part,

"I could not support the legislation which was fast-tracked through the Senate last evening. The legislation that was voted on did not go through the usual legislative process, and certainly was never negotiated in front of the public and in the light of day. The late-night vote on such a critical issue violated the rights of New Yorkers to dialogue with their legislators about this important bill.

"I have spoken out before about the tactic of lumping unrelated legislation into one bill as part of the horse-trading that goes on to secure passage of a bill. We should vote ideas up or down on their merits, not combine them into one bill. The fact that this legislation had provisions that I have sponsored and supported in the past made my vote even more difficult. I co-authored the expansion of Kendra�s Law and was a co-sponsor of Mark's Law so my record in supporting mental health issues is clear. We must ensure that those who need help have access to care."

"Despite the provisions I support, there were far too many pieces in the bill that punish law-abiding citizens. This law will require background checks for the simple act of buying a box of .22 ammunition. Anyone with more than seven rounds in an ammunition clip violates the law, even if the ammo is in an old currently legal clip sitting locked up inside the house. With provisions like that, I do not believe we are enhancing public safety in a meaningful way, or preventing criminals from getting guns, as much as placing new restrictions on honest, law-abiding gun owners and sportsmen.

"Although there was some compromise in the final product, I do not believe there was enough of an emphasis on getting illegal handguns out of the hands of criminals. Many constituents, who include workers at Ilion's landmark Remington Arms plant whose jobs are on the line, have been very clear in their communications to me that any new public safety legislation must be fully protective of their Second Amendment rights.."

"I understand the need for protecting the innocent members of our society and I support strong public safety measures. However, I am opposed to rushing a last minute agreement through the legislative process in the dead of the night. I also believe that this legislation did not, overall, make sufficient meaningful impact on public safety to warrant its restrictions on Second Amendment rights."

Senator William J. Larkin Jr.
http://www.nysenate.gov/senator/william-j-larkin-jr

In his official press release, Senator Larkin stated

STATEMENT BY SENATOR BILL LARKIN ON THE GOVERNOR'S GUN CONTROL LEGISLATION
Posted by William J. Larkin Jr. on Tuesday, January 15th, 2013
"I voted against the Governor's proposal because I firmly believe it is too restrictive on our legal, law abiding gun owners and does not adequately address the issue of illegal weapons and their use during the commission of a crime. Gun violence will not be stopped by restricting lawful, honest gun owners. It is career criminals and their access to illegal weapons that are the main problem facing our cities, towns and villages - not people who support the second amendment."

Senator Tom Libous
http://www.nysenate.gov/senator/tom-libous

On tomlibous.com/, Senator Libous wrote wrote "Senate Passes Gun Control Bill: The Senate passed S.2230 tonight. I voted "NO" along with 17 other Senators. You can read it by clicking below." Libous was quoted by AP as saying "I have had thousands of emails and calls ... I have to respect their wishes."

Senator Betty Little
http://www.nysenate.gov/senator/elizabeth-little

In her official press release issued January 16, 2013, Senator Little stated:

"The vast majority of constituents who called and emailed my office did so in opposition to the proposed gun control measures. I think we should have taken more time to consider the impact of the legislation on those who have been and would continue to be lawful in their ownership and use of firearms.

"There are a lot of good measures in the bill. Making sure people with mental health illness, who may pose a threat to themselves or others, receive the treatment they need is not only important in light of the recent tragedies but is good public policy and I was pleased to see that included in the bill.

"Increased penalties for the illegal use of guns goes after the real root of the problem. Illegal guns account for 70 percent of gun crimes, so I was pleased to see a focus on strengthening those laws.

"This is a complex issue and people are passionate about it. I respect the differing points of view and feel that more time would have been helpful in understanding the impact on those who hunt, target shoot, collectors or those who have a firearm for personal protection."


Senator Kathleen A. Marchione
http://www.nysenate.gov/senator/kathleen-a-marchione

VIDEO: "Senator Kathy Marchione Speaks Out Against Restrictive, Unconstitutional New Gun Control"

In her official press release Issued January 15, Senator Marchione stated, in part,

"STAND UP FOR THE SECOND AMENDMENT BY STANDING WITH NEW YORK STATE SENATOR KATHLEEN MARCHIONE

SIGN KATHY'S PETITION TO REPEAL AND REPLACE RESTRICTIVE NEW GUN CONTROL MEASURES THAT WILL WEAKEN THE SECOND AMENDMENT CONSTITUTIONAL RIGHTS OF LAW-ABIDING NEW YORKERS

SENATOR KATHLEEN MARCHIONE Protecting Our 2nd Amendment Rights

Help Senator Marchione Repeal and Replace Restrictive New Gun Control that Weakens the Second Amendment Constitutional Rights of Law-Abiding New Yorkers!

In a vote held in the state Legislature last night - Monday, January 14, 2013 - the Second Amendment Constitutional freedoms of New Yorkers were weakened with passage of restrictive new gun control. I strongly opposed this legislation that was rushed through both houses of our state Legislature without a single public hearing or the proper time to carefully review the bill.

Law-abiding citizens are NOT the issue! Millions of New Yorkers own firearms and do so safely, responsibly and legally. The real issue, the real threat, is dangerous criminals having guns and the seriously mentally ill obtaining access to guns.

Monday's vote was only the beginning, not the end, of a critically important debate. I believe we must repeal and replace the restrictive parts of the enacted legislation. We should focus on increasing penalties for criminals who use firearms and addressing the issue of mental illness. However, I cannot do it alone: I need strong Second Amendment supporters like you to stand strong - and stand with me.

Please sign my Legislative Petition to build public support for repealing and replacing the restrictive gun control measures. If every New Yorker who supports the Second Amendment makes their voices heard we can forge a true public safety remedy that addresses real issues such as dangerous criminals and mental health without curtailing the Second Amendment.

This is no time to sit on the sidelines: every gun owner, hunter, sportsman and supporter of the Second Amendment must get involved. Now is the time to be heard! I will personally deliver these petitions to the Governor and Legislative Leaders.

YES Senator Marchione, I support your efforts to preserve and protect the Second Amendment rights of all law-abiding New Yorkers by repealing and replacing restrictive new gun control. Keep standing strong for our Constitutional Freedoms!"

Marchione was reported as only one of two Senators who spoke against the bill (in addition to Senator Ball) prior to the vote:

"When you bundle it together, I cannot vote to weaken our Second Amendment rights,... It's much fairer ... to bring forward one portion that you certainly want to vote yes on, and then depending on where you stand on assault weapons, that gives you an opportunity to vote on two separate issues that are really separate.... Second Amendment rights aren't about hunting,... They're about the right to bear arms, the right to protect yourself. They're about being able to purchase a gun that you choose to purchase - I don't look at these tragedies occurring because of the gun, I look at them because of mental illness of the person who has gotten the gun." [TimesUnion.com]

Senator George D. Maziarz
http://www.nysenate.gov/senator/george-d-maziarz

In his official press release issued Friday January 18, 2013, Senator Maziarz stated:

SENATOR GEORGE MAZIARZ
Protecting Our 2nd Amendment Rights

Help Senator Maziarz Repeal and Replace Restrictive New Gun Control that Weakens the Second Amendment Constitutional Rights of Law-Abiding New Yorkers!

In a vote held in the state Legislature last night – Monday, January 14, 2013 – the Second Amendment Constitutional freedoms of New Yorkers were weakened with passage of restrictive new gun control. I strongly opposed this legislation that was rushed through both houses of our state Legislature without a single public hearing or the proper time to carefully review the bill.

Law-abiding citizens are NOT the issue! Millions of New Yorkers own firearms and do so safely, responsibly and legally. The real issue, the real threat, is dangerous criminals having guns and the seriously mentally ill obtaining access to guns.

Monday's vote was only the beginning, not the end, of a critically important debate. I believe we must repeal and replace the restrictive parts of the enacted legislation. We should focus on increasing penalties for criminals who use firearms and addressing the issue of mental illness. However, I cannot do it alone: I need strong Second Amendment supporters like you to stand strong – and stand with me.

Please sign my Legislative Petition to build public support for repealing and replacing the restrictive gun control measures. If every New Yorker who supports the Second Amendment makes their voices heard we can forge a true public safety remedy that addresses real issues such as dangerous criminals and mental health without curtailing the Second Amendment.

This is no time to sit on the sidelines: every gun owner, hunter, sportsman and supporter of the Second Amendment must get involved. Now is the time to be heard! I will personally deliver these petitions to the Governor and Legislative Leaders.

YES Senator Maziarz, I support your efforts to preserve and protect the Second Amendment rights of all law-abiding New Yorkers by repealing and replacing restrictive new gun control. Keep standing strong for our Constitutional Freedoms!

Senator Michael F. Nozzolio
http://www.nysenate.gov/senator/michael-f-nozzolio

Senator Thomas F. O'Mara
http://www.nysenate.gov/senator/thomas-f-omara

In his official press release posted Tuesday January 15, 2013. Senator O'Mara stated

O'Mara criticizes legislative process, lack of public input on gun control (Updated)
Posted by Thomas F. O'Mara on Tuesday, January 15th, 2013
Related issues: Gun Control

Albany, N.Y., January 15—State Senator Tom O’Mara (R-C, Big Flats) voted against far-reaching gun control legislation advanced by New York Governor Andrew Cuomo and approved by the Senate, 43 to 18, late last night.

The Assembly is scheduled to approve the legislation today and it then goes to the governor to be signed into law.

O’Mara released the following statement today:

"As a parent and as a public servant, I was as outraged and as saddened as anyone by the recent events in Newtown and Webster. I agree that as a nation we must respond to the societal breakdowns that lead to these unimaginable acts of insanity and evil.

"A federal policy is the most effective and ultimately meaningful response to the mass shootings that horrify every decent human being. We know that a state-by-state approach only perpetuates ineffective public policy.

"I'm especially discouraged that legislation as far-reaching as this in New York State was put together behind closed doors, with no formal public input or hearings on the final product, and through a questionable legislative process driven by a rush to be first. Too many legislators attempted to seize this politically powerful moment to push through parts of a long-held, liberal, extreme gun control agenda that will not make New Yorkers safer.

"Those of us who have long opposed this agenda successfully rejected a number of the most extreme proposals and ensured that this measure will at least include important, practical and common sense initiatives in mental health, illegal firearms, school safety, first responder safety and other areas that we believe can help keep the focus on where and how these terrible crimes and criminals can and should be confronted. These actions can make a difference going forward, but they should have been even stronger.

"I'm a lifelong sportsman and a strong defender of the Second Amendment. I’m also more than willing to be open-minded about reasonable and potentially effective public safety initiatives. New York was already recognized by responsible gun control advocates as one of America’s strongest gun control states.

"Today’s Constitutionally dubious action in New York State goes too far to infringe upon the Second Amendment rights of law-abiding, responsible, reasonable, decent, stable and respectful citizens throughout my legislative district and statewide."

Update, January 18, 2013: Governor Andrew Cuomo has posted a "NY SAFE" page on his website "intended to help gun owners in New York understand and comply with the NY SAFE Act, http://www.governor.ny.gov/2013/gun-reforms-faq


Senator Michael H. Ranzenhofer
http://www.nysenate.gov/senator/michael-h-ranzenhofer

Senator Patty Ritchie
http://www.nysenate.gov/senator/patty-ritchie

In her official press release, Senator Patty Ritchie stated, in part,

"The horrific incidents in Newtown, CT, and Webster, NY, prompted shock and outrage across America. As a mother, and a grandmother, I experienced the same emotions and horror at these events, and other recent random acts of gun violence, as citizens all across this great state and nation.

It has been clear to me that the only truly effective way to stem future such acts of random violence is with penalties that fit the crime, as well as improvements to our mental health safety net, to keep firearms out of the hands of convicted felons, career criminals, the mentally ill, and those who may wish to do harm.
....At the same time, it is also clear to me that attempts to restrict legal ownership and possession of firearms from responsible sportsmen - rather than focusing on criminals - will not enhance the safety of our communities, and deprives law-abiding citizens of an important right under the Constitution of the United States. It is for that reason, and based on the many hundreds of sportsmen and constituents I represent, who contacted my office to urge me to oppose this legislation, that I chose to vote no on this legislation."

Senator Joseph E. Robach
http://www.nysenate.gov/senator/joseph-e-robach

Senator James L. Seward
http://www.nysenate.gov/senator/james-l-seward

In his official press release, Senator Seward stated, in part,

ALBANY, 01/14/13 - State Senator James L. Seward (R/C/I-Oneonta) today commented on gun control legislation adopted by the senate:

"The rights of law abiding citizens who use firearms for sport, protection, and collection have suffered a considerable blow. While the newly minted gun control laws offer some increased penalties for criminal use of guns and take a step toward keeping weapons out of the hands of the mentally ill, they overstep in many ways.

"For the first time, New York will be registering rifles and confiscating private property. We will do background checks on the simple purchase of a box of .22 ammo for squirrel hunting or target practice. Someone who puts eight cartridges in his magazine instead of seven will be a felon. Sadly, these extreme, harsh measures won't stop criminals from getting guns and using them for illegal purposes.

"These reactionary laws force new, onerous regulations on those who meticulously obey the law and infringe on Second Amendment rights. Further, we can't afford to place good paying jobs at a long-standing employer in my district, Remington Arms, in jeopardy.

"Legislation focused on stopping gun crimes and preventing those at risk of harming themselves and others from obtaining firearms would have been a public safety win. However, further impeding the rights of law-abiding citizens does nothing to confront gun violence."

Senator Catharine Young
http://www.nysenate.gov/senator/catharine-young

Senator Lee M. Zeldin

In his official press release, Senator Zeldin stated, in part,

"The tragedies we have experienced in recent years, like last month in Newtown, Connecticut, deeply concern me and the vast majority of our state and nation. The senseless taking of innocent lives is unacceptable in any capacity.

In our Constitution are certain rights which provide the foundation of America's greatness. Its Second Amendment in no uncertain terms guarantees the right of law abiding citizens to keep and bear arms. Its purpose was not so much about hunting as it was for a deeper and much more important consideration of our founding fathers. The inspiration for this protection rose out of a fundamental mistrust of government. I believe our Constitution should be strictly construed in a manner consistent with the intent of our nation's founding fathers. Agree or disagree with how good or bad government is today, this was a primary purpose why the Second Amendment was created and why it should be respected and adhered to still today.

The actions government takes to protect its citizens through gun laws must strike the right balance of targeting illegal guns and the criminals who use them without eroding the basic protections of the 2nd Amendment for law abiding gun owners. If there was some common sense solution to take away every illegal gun from criminals without disarming law abiding gun owners, I would be all for it.

Respectfully, I don't believe that the gun package tonight strikes the proper balance and therefore I do not support it. I am currently in Virginia on Army Reserve duty for two weeks of mandatory military training. Had I been able to be present to vote, I would have voted against it.....

As the State Senator from the Third District of New York, I have a responsibility to weigh the views of my constituents, our concerns for their safety as well as their constitutionally protected rights.

Our great nation was founded on the idea that all people have certain inalienable rights. Our founding fathers understood that these rights were not granted by the government and therefore, shall not be removed by it either."



That concludes the available statements from Senators. Below, we will be posting statements from NY Assemblymembers as time permits.

New York State Assemblywoman Claudia Tenney, in her official press release, pointed out that legislators were not even given the required 72 hours to read the bill and asked "Where are the measures to protect our school children?" Tenney, who voted no on the bill, stated in part,

"Jobs, constitutional rights and our upstate culture are feeling the brunt of political rhetoric and action from downstate. The most terrible aspect of how this assault on upstaters was perpetrated is the means by which this bill was passed. We were refused the requirement of 72 hours to read the bill, and within less than half an hour, my colleagues and I were able to find glaring legal mistakes, which the Majority refused to correct. They told us we would have to accept on faith that amendments would be delivered at some undisclosed date and time so that law enforcement would not be hamstrung by the provisions found in this crudely and hastily manufactured law.

"Furthermore, the issue of gun control was brought up because our children and first responders were targeted and assaulted by mentally-deranged and dangerous individuals. The governor and his legislative accomplices are implementing their gun-grab with immediacy, banning sales and enacting magazine capacity restrictions. Where are the measures to protect our school children? Where are the measures to provide care for those who suffer from mental illness? We are expected to wait months before the necessary changes will be addressed."


Martin Hill is a Catholic paleoconservative and civil rights advocate. His work has been featured in the Los Angeles Daily News, San Gabriel Valley Tribune, The Orange County Register, KNBC4 TV Los Angeles, The Press Enterprise, LewRockwell.com, WhatReallyHappened.com, Infowars.com, PrisonPlanet.com, Economic Policy Journal, FreedomsPhoenix, Haaretz, TMZ, Veterans Today, Jonathan Turley blog, The Dr. Katherine Albrecht Show, National Motorists Association, AmericanFreePress.net, RomanCatholicReport.com, WorldNetDaily, OverdriveOnline.com, Educate-Yourself.org, Dr. Kevin Barrett's Truth Jihad radio show, Strike-The-Root.com, Pasadena Weekly, ActivistPost.com, Los Angeles Catholic Lay Mission Newspaper, KFI AM 640, IamtheWitness.com, Redlands Daily Facts, BlackBoxVoting, The Michael Badnarik Show, The Wayne Madsen Report, Devvy.com, Rense.com, The Contra Costa Times, Pasadena Star News, Silicon Valley Mercury News, Long Beach Press Telegram, Inland Valley Daily Bulletin, L.A. Harbor Daily Breeze, CopBlock.org, DavidIcke.com, Whittier Daily News, KCLA FM Hollywood, The Fullerton Observer, Antiwar.com, From The Trenches World Report, and many others. Archives can be found at LibertyFight.com and DontWakeMeUp.Org.

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