By Tom Reynolds 

It’s not unusual and, in fact, it’s quite normal to hear a Republican member of the New York State Senate say that there is no chance that the SAFE Act will be repealed this year. We, in SCOPE, find such comments abhorrent. After giving away repeal of the SAFE Act, we will not be able to “tradeup” to repeal the SAFE Act. So, why do they say it? 

Could it be that the New York Assembly, which is dominated by New York City, is overwhelmingly anti-gun Democratic and Andrew Cuomo is the father of the SAFE Act? The Assembly must pass all potential laws and Cuomo must sign them and the Assembly and Cuomo are not friends of the Second Amendment. Facts are facts and those are facts. This is the first and usually only reason Senators will give to back up their statement. They want us to believe that this roadblock cannot be overcome. 

Could it be the Senators want to lower expectations about their performance? This is a yes. If we accept their statements without argument, they have successfully avoided any responsibility for another year of failure in our crusade against the SAFE Act. This type of statement is what is called a “Self-fulfilling prophecy”; if you say you can’t do it, you won’t! 

Could it be they are lousy negotiators? Given what we have seen the past few years, that would be a definite yes. They violate the first rule of negotiation; don’t give up anything before negotiations begin! And it is difficult to name any major victories for Upstate in the last few years. 

Could it be that the Republican leadership has no real interest in repealing the SAFE Act and Republicans only use it as a token campaign issue to get reelected? Here we have a resounding yes and it is the core reason for their statements. 

All the major legislative bodies in New York and at the federal level are dominated by their majority party leaders; either called Majority Leaders or Speakers. Because of the rules of these legislatures, Majority Leaders haves tremendous power and little gets done (or undone) without their approval. It is not a stretch to say that a legislator’s most important vote is for the Majority Leader, since that person sets the direction of that legislative body. He is one of the “three men in a room” who dominate NY State politics. John Flanagan, the Republican Majority Leader of the Senate voted for the SAFE Act. 

While 70% of the NYS Assembly and 100% of Governor Cuomo are overwhelmingly anti-gun politicians, they are, at their heart, self-serving politicians for whom political trade-offs are the norm. The key is to make them give us something we want (repealing the SAFE Act) in return for us giving them something they need. This is done all the time by linking two unrelated bills; you vote for mine and I will vote for yours. 

Last year, gun rights advocates had the perfect issue to trade for repealing the SAFE Act; rent control laws in New York City needed to be renewed. The Assembly and Cuomo desperately needed that to happen or they would have angered their core NY City constituency. In addition, Upstate NY had no direct stake in whether or not this happened. It did happen and in return the Republicans got…nothing. 

This year, we have a similar situation with NY City needing renewal of the 421-A program, now called Affordable New York but more accurately called “Tax Breaks for NY City”. SCOPE started a campaign to link these two issues. Many Upstate Senators will not be happy about this since they hoped to pass this law without much notice. Why? Because many Upstate Senators got sizable campaign contributions from NY City developers who will be the prime recipients of those tax breaks. These Senators can still make their campaign donors happy by voting for the Affordable New York program, but get us something in return; repealing the SAFE Act. All it takes is for Majority Leader John Flanagan to stand firm, something he neglected to do last year. 

What will cause Flanagan to stand firm? It will take the Senators in his party standing up for something he has no interest in doing; remember, he voted for the SAFE Act. What will motivate the Senators to do something they have no interest in doing? It will take an energized and engaged constituency, with SCOPE members at the forefront. It will take pressure on these Senators from the Republican establishment in their constituencies. 

Last year it was Rent Control, this year it is 421-A and next year there will be other issues. While NY City has many economic engines, at its base it is dependent upon government largess. The largest employment sector in NY City is the government: federal, state and local. The NY City economy is dependent on programs like rent control and 421-A; without them there would be economic havoc. This is their weakness and Upstate’s strength, but our political leadership must begin to use it.