Declaration To Defy The NY SAFE Act Of 2013: Letter to the Editor

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New York –-( We the People of New York State, that is, the natural persons lawfully residing within this state, do hereby order and direct, The governor and the senate to immediately repeal the NY SAFE act of 2013.

This is not a request or a demand, but an order and directive, as it is unlawful, null and void, being in direct opposition to the Second Amendment of the Constitution of the United States, and in violation of New York Civil Rights – Article 2 – § 4.

This is the will of the people, and as you are our duly appointed representatives, you will see to it that our will is carried out.

The RIGHT to keep and bear arms is the RIGHT of all the people. This RIGHT is not subject to registration. Registration means surrendering our lawful RIGHT in exchange for permission, which may or may not be granted, or can be taken away, at the behest of the magistrate. This goes beyond infringement or diminishing our RIGHT. It is direct violation of the very principle upon which this RIGHT was declared in our constitution. Our founding fathers came from a European tradition in which only the nobility and chivalry had the right to keep and bear arms, and the peasantry had no such rights, but may be awarded the privilege if his lord saw fit. Our nation was founded upon the principle that We the People are the sovereign kings and queens of this land, and as such all people are as nobles, that there shall be no peasants, and you, duly appointed representatives, are charged with the task of carrying out our will. So the principle of the right to keep and bear arms predates the advent of the firearm, let alone the semi-auto-loading types, and this principle does not change with the emergence of new technology.

The right to keep and bear arms means that the people shall have access to whatever state-of-the-art technology is available.

The only exception in these Unites States of America was in the case of slavery. All free men had the right to keep and bear arms, but slaves did not. If, today, the people do not have this right, but must ask permission, are we then your slaves? This argument is not at all in the extreme, because if the government has the power to force us against our will at the point of a gun, and we can do nothing to defend ourselves, then are we not your slaves?

So what do we have here today? A government that gains increasingly new technology to enforce its laws, a government that is stockpiling huge supplies of ammunition, while they place ever-heavier restrictions on how we may defend ourselves, and now you wish to take away that right altogether.

Listen here now: We will not comply. We will not register our firearms, let alone surrender them. We will not be your subjects. You may deem us criminals for doing so, but it is you who have broken the law, and we who defend it.

Second Amendment, No Compromise, No Retreat
Second Amendment, No Compromise, No Retreat

If you truly want to reduce gun violence like you claim, you will sit with us as equals and we will find solutions that work. But you have demonstrated that these are not your motives. At best, you have demonstrated ignorance of the simple facts. Outlawing guns only results in an increase in gun violence and death. The law-abiding citizen, no longer able to defend him or herself, is a helpless victim. But among you there is a more sinister plot at work, a plot to exploit the tragedy of gun violence to impose laws intended to gradually disarm the law abiding populace. Whatever your motive is, if your goal is to make people defenseless, it can only be malevolent.

There is some talk about an amendment to exempt law enforcement from this bill. This is entirely unacceptable. Here again, we have a situation in which there is a caste system, in which a praetorian class has certain privileges that the populace does not. This is in direct violation of the very principle of the RIGHT of the PEOPLE to keep and bear arms, not just government officials. The Second Amendment was declared for this very reason. Never again shall the people be forced to be subject to the whims of the King and his officers, whether it be by the sword, the musket, the auto-loading firearm, or a tazer. Yet already we see the police emerging as a praetorian class, empowered to kill and inflict injury, many times with impunity and relative immunity.

Let’s discuss where all those Aye votes came from.
27 Ayes from New York City, which has more districts then the rest of the state put together. A place where it is already nearly impossible to legally acquire a firearm, let alone a handgun. Yet you still have gun violence. A place where the majority of the residents are completely ignorant about firearms, many have never held a real gun or ammo in their lives, or know a real person who keeps guns, but rather only sees the dramas on television. And just how qualified are such people to render an informed opinion about gun safety?

Let’s see. They believe that the best way to protect our children is for parents and teachers to be defenseless. That the best way to protect women from violence is for them to be defenseless. …and they call us gun owners crazy. New York City, a place where, under your Mayor Bloomberg, the people have no rights. A place where there are routine checkpoints, random searches, stop-and frisk, and mass arrests of peaceful demonstrators. The most heavily taxed municipality in the Union, yet still depends on routine issuing of summonses and arrests to meet its financial goals. And now you legislators from New York City districts want to impose your way of life upon the rest of the state. No thanks. If your constituents want to remain disarmed subjects of His Majesty the Mayor, let them. Since your city is already disarmed and therefore unaffected by this law, We the people of New York State declare your votes on this matter to be disqualified, null and void.

In conclusion, this act can, will and must be repealed. there can be no compromise on this. This law will prove to be a disaster. Violent crime will skyrocket, just as it has in Illinois and Washington, DC. Law abiding, tax paying, home-owning New York state residents and business owners are already getting ready to leave the state. Those who stay may or may not comply. Law enforcement may or may not comply. if they do, enforcement would means filling our prisons with law abiding, hard working citizens, while real violent criminals are unaffected. Gun shops may or may not comply with the ridiculous requirements for selling ammo. This act will not save one single child. it will not help catch one single criminal. it will however force an entire population of law-abiding citizens to decide whether to be an outlaw or a slave. Do not think we have come together to wave protest signs, congratulate ourselves, go home, suck it up and bend over.

You think you can just make up a law and take our our guns? It doesn’t work like that. (Molon Labe)

Winston Smith, NY
January 20th, 2013

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Thanks for posting. “winston smith” is the character from George Orwell ‘1984’ I wrote that and recited at NY2A rally in albany on Feb 2013.

here is link:
here is me in Albany:

Bill Baker

Repeal would require a) getting the idiots who voted it in to undo it (not realistic) or b) voting them out years from now and having the new people repeal it. More realistically is to hope the NRAs new law suit will get it struck down as unconstitutional, but if you live in New York, or anywhere in the US for that matter, you can no longer afford to vote down a party line, trust no one, and pay attention and active as long as you live.


On point! What are our chances of repealing this poorly planned safe act ?

Charles Beehner

Thank you Mr. Smith for your outstanding essay!!!!
I support you 100 percent.


I’d like to see EVERYONE make a copy of this STATEMENT & send it their representatives to let them know that WE THE PEOPLE are NOT going to PUT UP with these types of DRACONIAN UNCONSTITUTIONAL laws!! I live in NY & I MYSELF WOULD SEND copies of this to EVERY SPINELESS minion our our new DICTATOR!!! I was at the past two rallies held in Albany & I don’t remember if this was read but I would CERTAINLY like to hear it read at the February 28th rally!!! Mr. Smith put the words of myself and the thoughts &… Read more »

Daniel Irwin

Thank you Mr. Winston Smith, for so eloquently putting into words what many of us feel. They passed this act like rats scurrying around a dark room. “Quick, before anyone finds out what we’re doing is unconstitutional and stops us?” The Governor and every legislator that voted yeah on this bill should be impeached and tried for treason. Civil disobedience. I believe we will see a lot of that in the next few years. They can register my Irish Ass.


Oswego County is voting against the NY SAFE ACT as it is illegal and un-constitutional. And this vote is supported by the County governments, Sheriffs Dept, County Courts and the Commerce Bureau.


I would rather die for something then live for nothing. Six years in the MARINE CORPS. I TOOK


I am ready.

terry k

right on target, mi amigo! everyone please join in the letters. e mails. and phone calls. we may still have time to avoid war, seeing how we are the only ones posessi.g common sense in this fight, we must try to supress them before they force the issue and

civil war ll begins.


I fully agree and the other comments cover anything I could say. Thank YOu!

alfred myers

I fully agree with the demand to repeal this travesty. But I also believe that all the other laws previously passed to be illegal. However, when you defend yourself with an unregistered gun, the law considers it to be a felony, and therefore, first degree murder. I know that is wrong, but that is the way the courts may proceed to punish you for doing so. Save your unregistered guns for use against the government itself, when such becomes the case, hopefully not. If you are forced to defend yourself otherwise, try to use a "legal" gun, or get rid… Read more »


One minor correction. "Chivalry" is not a class of persons, it is the name of a medieval moral code that existed amongst the knights and nobility of that period. Since a moral code does not exist in physical reality, it cannot bear arms.


Great article, keep up the pressure on your leaders because the majority have committed treason and should all be hung with no trial only a civilian trial. start with that dirt bag cuomo first then that piece of slime in house, and go after Schumer, his fingerprint is all over this. start banning together to take over the state police with a PR blitz and then go after your leaders and judges who have committed this heinous crime against the people. Never register or give up any guns, you will need them in defense against the same ones who are… Read more »

Andrew Strong

I as a NY resident approve this essay

Brian Sexton

The letter should be a full page printed in USA Today, the New York Times and the Washington Post.

Ken VanFleet

include me!!

Jeffery Small

Beautifully expressed. I'm not a NY resident, but I completely support your efforts and appreciate that you have been forced to stand on the front line of this battle. Please hold strong and remember that you are not alone, but have the support of a huge contingent across this country. Keep forcing the issue — with increased pressure as necessary — until these cowards back down. And they will. This may be the moment when a new metaphorical rather than physical shot is heard round the world and the Second American Revolution is officially kicked off, with the people reasserting… Read more »


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Anita Hayes

May we copy and paste this and send to the Governor and our senators, congressmen, etc.??? I was born in NY and been here all my 53 years and I didn't vote for Cuomo as I saw how he ruined HUD so knew it was a matter of time before he ruined NY. Also, I happen to be related to the Mayor of Ilion, which is where Remington Arms is.

rob dob

Well said, I whole heartedly agree, I Will not stand for any INFRINGEMENT ON MY RIGHTS and. I WILL NOT STAND DOWN !

UNITED WE SHALL STAND ! Seems the people in government have Forgotten that they work for WE THE PEOPLE, THEY ARE NOT OUR DICTATORS THAT CAN RULE US.

Mark Gregory,, Koern

War is coming.Mutual defense to stay free.Organize, arm, equip and train as a Militia/team NOW.The question is not if but when you will have to fight.They will have MJTF support which means that the FED will be right behind the shiesters and their meat puppets in New York.Homeland Suck-shurity will be there.They are the ameriKan version of the Interior Police of the KGB.You are at the cross roads.Get better at what you will need to do.Liberty and 1775 is the answer to the problem.MGK/GDW!


Molon Labe!


No letters, no blogs, no calls to the corporate/banking servants you call representatives, will change their course. They WANT you to fight back. They WANT you to resist. The WANT you to fire the first shot, and the moment that you fire that first shot, the military rolls! They will immediately declare Martial Law, the military will go door to door collecting guns. The UN Troops will be activated, and the gathering for FEMA Camps will begin. The announcement of the 10 Governors will be released, and the monetary system will be allowed to collapse and resume with a reset… Read more »

Fight islam Now

How will new yorkers be any different than the pussies in kalifornia?


Very well said, we all need to stand up whether from the state of New York or not!


I have never owned a gun. That being said, this letter certainly describes how I feel, as well as what I believe, about the rights of the citizen to own guns. I, as have many people, seen firsthand the violence committed with guns. I, as have many people, seen the violence committed with knives, and fists, and boots, San baseball bats, and anything else that can be used to harm another person or animal. I would dare to say this: after carefully observing violence and violent persons for my entire life and throughout my entire career, the issue is never… Read more »

Bob Carey

I can't take credit for the above letter but I will sign my name to it. For those of you that remember: Hitler and Mussolini did the same with Germany, Italy and Austria just before World War 2. It's not about Gun Control. It's about CONTROL

George Mason. June 1

To disarm the people….was the best and most effectual way to enslave them.

Barry goldwater

Extremism in the defense of liberty is no vice.

Nancy Smith

I am a 71year old , disabled , woman , who lives alone in a rural area , the nearest 911 is 15 miles away , and I am not allowed to own pepper spray or a pellet pistol , What do you think my chances are ? I learned to shoot at 8 , from my father .but with one good arm , my option's are extremely limited . I guess it is SOL !


Listen to your fellow brothers, do not sit in silence! Be heard! Write, email, call we still have people in NY govt on our side. Organize local groups and form meetings. This is the time to set all differences aside and come together as Americans. Our brothers from other states support us! We will support you, this will spread, the time is now.

Anthony B

Thank you for posting what every gun owning law abiding citizen of New York is thinking right now. We need to come together, we need to communicate across NY State our strength will be in numbers backed by the US Constitution. Others throughout America are watching what will happen, they will try this in other states, come together now before it is too late.

Jeff Mason

Google NY Senate Bill S1422-2013 to see what the senate is now considering. If this bill is passed all grandfathered rifles that meet the new assault weapon definition will have to be permanently disabled or surrendered to law enforcement by April 1, 2014. Here is the link to the senate bill:… It is imperative that we not just complain to each other on posts like this that our legislators will never see but that we also get the word out to encourage as many law abiding NY gun owners as possible to send emails/letters/phone calls to their State Senators… Read more »

Gene Major

My hat is off to you Sir. Tell Your Gov. to kiss our ass. I would DIE STANDING, THAN DIE KNEELING. New York ya'll have friends in Virginia Call if you need us.

Molon labe


Thom Paine

Dear John says , Bold words ! Im sure Bloomie is quaking in his boots. John that is precisely the point, Bloomberg and his urbanite like DONT wear BOOTS! They wear loafers and very expensive imported ones at that! No sir not a callous on their hand shall you find. They expect men like me to do their bidding, and I WILL NOT! Molon Labe'! Cheers to defenders of the Constitution and tar and feathers for the others. May they be dammed!

Richard VanMarter

Way to go!I could'nt say it better my shelf.Run for govneror I'll vote for you!


as a lifelong gun owner,productive,law abiding citizen,it makes my blood boil with passion that we get punished for the acts of a few. A lot of "good americans" are gonna be deemed criminals soon. "COME GET EM"!!!!

Don Thornton Jr.

may I (re)use parts of this to address similar BS in my state?

jon gibson

We need T-shirts with that image of the hand and the 2a.


Great article and a keeper.


The anti gun law signed by Gov.Cuomo applies to even the federal contract guards watching many,many,federal sites. The uniformed guards carry seven rounds of ammo in their ten round capacity magazines. I suppose the New York elite know best. Fear the Gov.that fears its people.


Bold words! I'm sure Gov.Cuomo is quaking in his boots.


What an awesome essay! The rightness of the case for the second amendment has rarely been better articulated. Thank you for the inspiration!


Way to go Winston. Hang in there, you might find out you have support from places and people you never imagined!