Please refer to this page for resources relating specifically to
the New York S.A.F.E. Act of 2013.
Oath Keepers of New York
NEW YORK STATE “SAFE” ACT and
RE-CERTIFICATION OF PISTOL PERMITS
February 25, 2018
FIRST A NOTE to LAW ENFORCEMENT OFFICERS AND OTHER OFFICIALS:
Officials, and in particular Law Enforcement Officers who literally live with firearms, sometimes have a difficult time remembering what it was like before they became an officer or other official. As you read the following, the good people of New York are counting on you to see this issue from their point of view.
Good people of the state of New York, who currently hold what is known as “Pistol Permits”, authorizing them to possess small firearms, are being threatened with criminal prosecution and other penalties if they do not submit to “re-certification” of their permits.
Many people believe this action further erodes their U. S. Constitutional, 2nd Amendment rights to be secure and keep and bear arms. Not wishing to see the further erosion of the Constitution, many are wondering whether or not to cooperate with the re-certification process which some government officials claim is required by “law”.
Many people in New York State have already decided whether or not to comply with RE-certification of their “Pistol Permits”, as well as other aspects of the so-called “SAFE” Act. These are individual, personal decisions. Several deadlines have already come and gone; but until resolved, this will be an ongoing issue. I believe the following information may be important for everyone to consider.
To aid in their decision, I am providing the following perspective and position. New York Oath Keepers individually have a right to their own opinions on this topic, and the views expressed here are not meant to suggest that they all agree; so, for the record, this is solely my position and I alone am responsible for the perspective and position that follows.
HOW DID WE GET TO THIS POINT?
Those who already have “Pistol Permits” decided they would surrender their right to their own security to others. You, in reality, told officials you recognize their authority over you and your rights. You agreed to allow them to hold your rights hostage until they decided you were worthy to exercise them; and in doing so, you strengthened their position in denying other good people their rights, as well.
I say this, knowing this is not something you want to hear, but if we cannot admit our failings, we will never be able to find the right and just solutions to the problems we face. Only when we can be honest with ourselves can we see clearly the solutions to these problems. The reality is permit holders helped create this problem.
THE ONLY ANSWER
If we had not allowed officials to ignore our rights to possess firearms without asking for their permission, there would be no issue of re-certification, now. The only answer, once you have given your permission for government officials to regulate your rights, at this point, is to rescind (take back) your permission permitting them to exercise control over your rights. This requires you to cease cooperation with their efforts to continue that control.
OF COURSE, THERE MAY BE REPRISALS: THEN WHY NOT SURRENDER?
Yes, they may SAY you are a criminal, but you cannot legitimately be a criminal for following the Constitution. They may even arrest you, (many good, honorable people have been arrested and then gone on to head their movement or country) and if you cannot overcome your fear of these reprisals for the sake of strengthening the Constitution and honorable rule of law, then continue to surrender your rights. However, if you do, know you are helping to make your children and grandchildren helpless and more vulnerable to the abuses of officials who we allow to hold office; and know, you will be making our loved ones much more vulnerable to criminals who will be more able to cause them (the people we love) pain, suffering, injury and death.
RIGHTS MUST BE DEFENDED
To maintain the rights we may even claim are from God, that are acknowledged in our founding documents, requires people of courage. Men have died to protect these rights; are we willing to risk nothing to keep these rights safe and strong?
on the NEW YORK STATE “SAFE” ACT and
RE-CERTIFICATION OF PISTOL PERMITS.
Good, honorable people do not allow THEIR officials to make good, honorable people and their loved ones more vulnerable to abuses by THEIR government officials and vicious, violent criminals willing and able to cause them and their loved ones life-threatening injuries, torture, and death.
The Constitution of the United States agrees with this wise, most essential, inherent right and responsibility of the good people to protect the innocent. Where does it say it agrees? Most clearly, in the Second Amendment that acknowledges that the good people always have the right to keep and bear arms, so they will have them readily available to maintain security and safety; that way the people would have the tools available to form a well regulated militia. The concept of a militia is everyday people of the community personally possessing arms so that they could instantly respond to dangerous people threatening their safety.
It is the people being armed that is necessary to form a well regulated militia.
This is why the Second Amendment exists: to make sure you, the good people, yourselves, can make sure you and your loved ones are secure and free from harm.
DEFEND THE CONSTITUTION,
because if you do not, it will be as if it no longer exists.
Your decision about re-certification, the NYS “SAFE” Act, and the Constitution will help to either strengthen the Constitution or help destroy it.
This is the truth, and, by now, you should know this.
There is a price for the rights we wish to possess.
Refuse to pay the price: you will lose the rights.
It is a very simple choice.
Dan Devlin, President, Oath Keepers of New York
FURTHER COMMENTS TO KEEP IN MIND
There is never justification for needlessly making good people more vulnerable to injustice, pain, suffering, abuse, injury, and death. Any good person would never go along with those who allow such abuses of good people.
There are consequences for anything we do. The consequences for confronting injustice can be many, bad and good; but if the goal is to return to a society where our children and grandchildren can effectively protect themselves, their families, their property and rights under an honorable, just system: we must understand and accept that the price of achieving good consequences is to be willing to endure and overcome the bad. Good consequences come from good people standing up, refusing to allow the bad to go unchallenged.
AND yes, there are consequences for doing nothing:
I know thy works, that thou art neither hot nor cold; I would thou wert cold or hot. So then because thou art lukewarm, and neither cold nor hot, I will spue thee out of my mouth. Rev. 3:15,16 KJV
You always get to make your own decisions: Make them honorable ones.
For easy reference, I am providing this empowering list.
TO KEEP IN MIND
WHEN CONSIDERING YOUR RIGHT TO BE SECURE
BY KEEPING AND BEARING ARMS
So, what do you do if you decide or have decided not to have your NYS Pistol Permit re-certified or not comply with other aspects of the NYS “SAFE” Act?
Understand a few things:
1. The people do not get their power from the Constitution, the Constitution gets its power from the people.
2. The U. S. Constitution is law.
3. The U. S. Constitution is not just any law, it is the foundational law of the land, referred to in the Constitution (which established our country), as the law that is supreme, over other laws. It is the law to which all other laws must comply, in order to be valid.
4. The Constitution acknowledges that you have the right to keep and bear arms.
5. The Constitution does NOT say you have the right to keep and bear arms ONLY IF SOME OFFICIAL DECIDES TO LET YOU.
6. When asked or confronted by anyone regarding this issue, your position should always be that you ARE obeying the law because the Constitution is the law that others cannot violate. A law repugnant (extremely distasteful; unacceptable) to the Constitution is no law, never has been the law, and is void; and not being a law, it is incapable of imposing any duty on anyone to obey.
7. It is impossible for you or anyone to adhere to the Constitution, and, at the same time, support or comply with words that claim supremacy over the Constitution that attempt to nullify the Constitution’s recognition and endorsement of your God-given rights.
8. Officials swear or affirm to support and/or defend the Constitution (or similar words) and defeat any attempt to subvert, undermine or destroy the Constitution.
9. You cannot go according to the Constitution by going along with those who are violating it.
10. If you were to permit others to hinder, prohibit, or delay you from exercising that right to defend the innocent, you would be acting to destroy the effective purpose of the Constitution’s Second Amendment, which exists to ensure that the good people can maintain control over government officials, by having the means to resist illegal acts by officials serving in YOUR government.
11. In New York State, the state Constitution requires you to defend the state and the nation; therefore, you are obligated to possess the means to actually do that protecting.
12. Because the purpose of the U. S. Constitution’s Second Amendment exists to make sure the good people maintain power over officials who begin to abuse the people they are supposed to serve, it would jeopardize your security, and the security of your State and the Nation, if you were to cooperate with officials who want to know what your defense capabilities are. That is why they are trying to force you to tell them where your constitutionally protected firearms are located and how many you have.
13. Therefore, your position should always be that you are obeying the law, and, as a good person, you are meeting your national and state constitutional duty, and your religious obligation to protect the innocent from unjust harm, injury, and death.
14. You are not violating the law, because, in the United States, and each state, there can be no law that requires you to violate the Constitution.
15. Any official violating these rights of the good people is violating his oath of office, and, in doing so, breaks his contract with the good people; which contract is, in part or in full, the oath that each official has sworn or affirmed as a condition of his continued employment.
16. It is the duty of the good people to ensure that those officials violating this contract with us are no longer permitted to remain in any office in any government.
17. In the case of the imminent, violent aggression and violation of any good person, such circumstances call for wisely removing the means of continuing or initiating such violent action. This is reasonable and justified in order to prevent the unjust harm or death of an innocent person. Any official believing any good person is unwilling or incapable of responsibly using, controlling, or possessing such arms, is limited to following the proper procedure to bring the evidence before an honorable court to determine the truth and validity of the facts and the best action to take, consistent with the Constitution and wise behavior practices, to protect good, innocent people from harm or destruction.
18. Not everyone possesses the same rights. When someone violates the rights of a good, innocent person, that violator, by his own actions, voluntarily relinquishes his own rights. For example: A man who has the right to keep and bear arms, verifiably, intentionally shoots and kills an innocent man: does he still possess the right to keep and bear arms? He does not, because:
(a) he used a right he once had to deny a good person (an innocent person who hadn’t done anything wrong) of his (the good person’s) rights, and, in doing so,
(b) the attacker has shown that he cannot be trusted to honor the rights of innocent others. [Under the concept of equal-rights, rights are given their effect through mutual-agreed treatment; if one breaks the agreement he relinquishes his rights.]
(c) by violating the rights of another, who is innocent, he voluntarily —by his own intentional actions— relinquishes (gives up) his own rights. You cannot use your rights to deny innocent others their rights, without surrendering yours. (We can go into this further at another point, if need be.)
19. Rights are NOT unlimited, but what, legitimately, limits them is one’s own bad behavior dangerous to innocent others.
20. How do we know that these observations are, right, just, and correct? We can say that we know this because even our staunchest opponents, IF TRUTHFUL, will admit that they would want these exact same rights to be available to themselves, and their loved ones, if ever confronted by violent attackers about to cause them and their loved ones serious harm. Furthermore, virtually all, even those who abhor violence and refuse to take responsibly for their own, and family’s, defense, would pray that a good person with an adequate firearm would come along in time to prevent the attackers from causing them serious injury or death. This is why, and how, we will successfully protect these rights for the good people of our communities, our state, and our nation.
21. If confronted by law enforcement, remember, you always have the right to remain silent, to ensure nothing you say can be used against you in a court of law.
As long as there are bad people who will injure, harm, or kill good people, it is an unjust, immoral, unconstitutional, and illegal-violation and abuse, of the good people, to create conditions that will remove the ability of the good people to effectively protect and defend themselves, their loved ones, and innocent others of their community, their county, their state and nation.
Anyone seeking to limit God-given, constitutionally acknowledged, rights and duties to protect and defend the innocent is abusing the good people in violation of the Constitution. By doing so, such officials are violating their duty, violating their oath or affirmation, and, consequently, immediately, relinquish their position and authority; and there is no obligation or duty, on the part of the good people, to obey any instructions from such violating officials who no longer have any authority.
[ Understand, however, this does not mean that the official might not believe he still has his position and authority, and, also understand, refusing to follow instructions can still get you arrested, injured or killed. No, it may not be justified or even legal but that may not be determined till after you have paid the consequences. So, while maybe not the preferred option, choose to continue to fight in court, if necessary; not on the street or in your home, because it may very well NOT be the best place to make your stand —people still can win in court.]
None of what I have said here means you should disobey valid laws and oath keeping officials. You should always cooperate if you determine there is a good reason to do so. The choice is always yours. If confronted with oath-breaking, abusive officials acting in violation of the Constitution, remember: To take a last-stand approach may well leave you with no further opportunity to continue this important fight. Instead, your situation may provide the case that will lead to an end to such violations, and you are needed to help this happen. It is worth noting: Even Christ, when attacked, understood he needed (at that time) to continue to live, so as to complete his work.
Of course, there is a duty to hold officials who abuse the good people accountable for their illegal, immoral actions that violate the fundamental human rights enumerated in the Constitution. This is our duty to control those we allow to serve in office, in order to prevent such officials from abusing the rights and obligations of good people.
Honorable people never allow the people they hire as officials to prevent the good people from being able to effectively protect and defend themselves and innocent others. As honorable people, we cannot allow this bad behavior to continue to happen.
So, exercise your rights and defend the Constitution, and be willing to defend yourself and your rights in a court of law; and if you contact me, I will personally see if there is a way I can help you effectively do just that.
I trust God will Bless you all for your honorable work to secure the Blessings of Liberty to ourselves and our Posterity.
I hope this information is helpful.
Lastly, if you are a law enforcement officer or other official, understand, the good people of New York are doing their best to be law-abiding, honorable people. They know it takes defending our rights —theirs AND YOURS— if we are to keep them. Yes, they are standing up for these most precious rights, not just for themselves, but for you and your family as well. They are your friends, in the true sense of the word, not your enemy. I hope you understand this and see their point of view and treat them as you wish to be treated.
May God Bless you all.
Dan Devlin, President, New York Oath Keepers
New York Oath Keepers
P.O. Box 1776
Buffalo, NY 14220
© Copyright 2018 D.H.Devlin Permission granted for use with full credit given.