Tkazyik: “The ordinance as proposed is unconstitutional
…”
POUGHKEEPSIE – Several public officials on the local, county and state level voiced their opposition on Thursday to a Poughkeepsie Common Council proposal to create further gun storage requirements.
The Safe House Ordinance, proposed by Democrat Alderwoman ShaRon McClinton
in reaction to a slew of accidental shootings of children by other children,
NS would require gun owners to keep their guns locked and stored when
not in their immediate possession, enclosed in either a carry case, or
locked enclosure, or locked in a manner to prevent them from being fired,
according to Republican Mayor John Tkazyik.
It’s likely that this ordinance would be challenged on its constitutionality. The Supreme Court decision in Heller v. District of Columbia stated that a general requirement that firearms be locked in a safe or that there be a trigger lock on a firearm is a violation of the Second Amendment right to bear arms.
“The ordinance as proposed is unconstitutional and will subject the city to the needless expense of defending a flawed ordinance in court,” Tkazyik said.
Currently, New York State through the Safe Act requires that gun owners lock up a gun if there is a person in the residence who is legally unable to operate a firearm, such as a felon or a child, and that the gun owner must secure the firearm when out of their immediate possession.
State Assemblyman Kieran Michael Lalor (R, East Fishkill) feels that proposed ordinance is just feel-good legislation that will not solve gun problems but will continue to chip away at Second Amendment rights.
“We’re here today, regardless of the format of the proposal is in right now; we are here to live out President Jefferson’s words that the price of freedom is eternal vigilance,” Lalor said. “We’re going to be vigilant about our rights here in Dutchess County.”
Dutchess County Legislator and former City Alderwoman Gwen Johnson, a Democrat, and Alderman Lee David Klein, the council’s lone Republican, also spoke out against the proposal.
Tkazyik vowed to veto it.
“And I will veto any, any legislation that is voted by the common council that comes before my desk to enact this safe storage ordinance. I will veto it on day one,” Tkazyik said.
