Shandaken board formally opposes state gun control act

Former planning board member Art Christie commented, “I support the Second Amendment. I’m watching the TV news about violent video games — one was called ‘Kindergarten Killer.’ And the reporter is saying it can’t be stopped because of the First Amendment. I say mental illness is the issue.” He approved of the resolution, including its endorsement of “mental health reforms, anti-bullying programs in our schools…the addressing of the universal availability of extremely violent video games and movies to our youth and the proper psychological counseling for those in need or who request it,” in lieu of gun control legislation.

The SAFE Act does include expansion of outpatient treatment; rules requiring mental health professionals to report patients who exhibit dangerous behavior; and an extension of the 1999 Kendra’s Law, giving judges the authority to require psychiatric treatment for residents who meet certain criteria.

Following the public comments and reading of the resolution, Bartlett made a motion to table the resolution, but no board member offered to second it.

Magazine concerns

Before the vote, Bernstein spoke about his decision to sponsor the resolution. “I got it from a councilman in Orange County. We’re all horrified at what happened in Newtown. But based on the comments, a lot of people misunderstand firearms.”

He distinguished between assault rifles, which are military firearms that discharge multiple bullets with one pull of the trigger, and so-called assault weapons, which he said are not functionally different from legal semiautomatic hunting rifles, shooting one bullet with each pull of the trigger.

Assault weapons, which are made to look like military machine guns, have what he called “cosmetic additions,” such as a pistol grips behind the trigger, a muzzle break to dissipate recoil, a bayonet mount, a folding or telescoping stock, a detachable box magazine. Such weapons were prohibited by Federal law in 1994, and when that law expired in 2003, several states, including New York, extended the law, so they are already illegal in New York State.

The SAFE Act does, however, broaden the definition of what is considered an assault weapon. On the other hand, New York State government website specifies that people who already own assault weapons may keep them if they register the weapons with the state police before April 15, 2014, and provided they are not in a category that includes “convicted felons, individuals who have been involuntarily committed, or individuals currently under an order of protection.”

Therefore, Bernstein’s major objection to the new legislation is the reduction in the legal size of the magazine from 10 bullets to seven. “My concern is our state government did not trust me for three bullets, that’s how I view it,” stated Bernstein in a phone call the day after the meeting.

He is also concerned that the legislation was pushed through so quickly that police officers are not exempt from the law. Shandaken officers carry 17-round magazines, putting them outside the law, which requires that existing weapons in violation must be turned in, beginning a year from now.

Bernstein feels police officers will be put at risk by facing off with criminals carrying illegal guns with 17-round magazines, while the officers are restricted to seven. “Maybe they’ll go back and change that,” he added, “I hope they do.”

Above all, he concluded at the meeting, his objection to the state legislation is that “the Second Amendment addresses the tyranny of government and was put in place to keep it from happening again.”

Suspended bookkeeper

At the February 4 Shandaken town board meeting, the board approved the hiring of Susan Christiana to replace the highway department’s secretary/bookkeeper Flo Sullivan, who was suspended without pay. During a review of the department’s finances by highway superintendent Eric Hofmeister and supervisor Rob Stanley, “questions arose,” according to town council member Vin Bernstein. The irregularities are currently under investigation.