A "Memorandum of Understanding" between the Cuomo Administration and New York state Senate Republicans suspending a statewide ammunition registry program has opened a political can of worms, causing a commotion at the Capitol.
One provision of the New York Secure Ammunition and Firearms Enforcement Act of 2013, commonly known as the SAFE Act, called for an ammunition database to be rolled out in January 2014. Cost and the difficulty of implementation became obstacles apparently too difficult to sidestep.
An agreement signed late last week by Senate Majority Leader John Flanagan and top Cuomo aide Jim Malatras says the idea to build a database is being shelved for now because the state police don't believe the technical wherewithall exits to create it.
That news unleashed celebration among some Republicans and gun rights groups and concern among some Democrats and gun reform advocates.
A rash of criticism led Governor Andrew Cuomo's counsel Alphonso David to say the suspension of the ammo registry program was a gesture meant to assure the public that it would not move forward prematurely.
Gun rights advocates see the M.O.U. as potentially leading to full repeal of the SAFE Act.
Cuomo spokesman Rich Azzopardi says nothing has changed: plans to move forward with the database continue: "No provision of the SAFE Act, including the ban on internet ammunition sales has been rolled back or altered due to this memorandum. This simply acknowledges what has been said previously. The ammunition sales database will not be prematurely introduced until a technology is ready and it does not create undue burdens for business owners."
Republican Assemblyman Steve McLaughlin, a SAFE Act critic since day one, represents the 107th district. "What really bothers me here is the thought that you can just roll out a memorandum of understanding and expect the people of New York to buy that, and believe that is now has the force of law is a pretty scary thought coming from a guy that's the governor and was the ex-Attorney-General, and coming from the Senate. The fact that they think that this is gonna hold water is galling to me. And in effect, this is actually weaker than a one-house bill. I mean we pass one-house bills all the time. They don't go anywhere."
Some Democrats argued the M.O.U. circumvents Assembly Speaker Carl Heastie, which brings the pact's constitutionality into question. McLaughlin says those who support the 2nd Amendment aren't going to be too happy with Governor Cuomo if they have go through a background check every time they buy a box of .22 shells: "So it's one of two things. He's afraid to roll it out, or, let's say they can't get it built. So what they're saying is 'We can't get this thing built anyway. So let's pretend that we're not gonna roll out the background check until some later date in the future, which is undetermined by us. It is bizarre. That's my read on it."
The Working Families Party went so far as to suggest the governor was willing to chuck the gun law to foster good will with Republicans. Again, Cuomo spokesman Azzopardi: "It's no longer surprising that the same advocates who are paid to oppose the governor, continue to ignore his progressive record and continue to cherry-pick issues to get outraged about."
David released a statement bent on clarifying what he called the mischaracterization of the M.O.U., which reads, in part: "The memorandum can in no way supercede the law as passed by the legislature and further, there is nothing in the memorandum that is inconsistent with the letter, spirit or intent of the law. We need an operational database, but it must also be effective and functional. It will promote public safety and save lives. Responsible government requires nothing less."
