The New York Secure Ammunition and Firearms Enforcement Act of 2013 , commonly known as the NY SAFE Act , is a gun control law in the state of New York . The law was passed by the New York State Legislature and was signed into law by Governor of New York Andrew Cuomo in January 2013. The legislation was written in response to the Sandy Hook Elementary School shooting in Newtown, Connecticut , and the Webster, New York, shooting . Cuomo described the law as the toughest gun control law in the United States.
84-424: The NY SAFE Act contains a number of firearms regulations. It also contains a severability provision that allows other measures to remain in place in case the broad prohibitions against weapons are invalidated by the courts. The New York State Senate approved the act on a 43–18 vote on January 14, 2013. The vote was bipartisan, with nine Senate Republicans voting in favor. State Senator Jeffrey D. Klein sponsored
168-409: A June 16, 1999, speech, Cuomo declared that one purpose of the program was to fight against HUD's abolition. In August 1999, Community Builders distributed a letter to community groups to fight against proposed tax cuts. One HUD official declared that Community Builders was seen as "Democratic ward heelers who act as a pipeline between Democratic city officials, party leaders, and the administration and
252-460: A Remington Outdoor Company CEO said that the SAFE Act (alongside other factors such as "workforce quality, business environment, tax and economic incentives, and existing infrastructure") contributed to the shift. Severability In law , severability (sometimes known as salvatorius , from Latin) refers to a provision in a contract or piece of legislation which states that if some of
336-550: A child rapist.'" In May 2019, Governor Cuomo announced he would run for a fourth term. In August 2021, after a report released by the Attorney General of New York , Letitia James , detailed accusations of sexual harassment by Governor Cuomo and his attempts to silence victims, the New York State Legislature 's leaders indicated that they would seek to remove Cuomo from office. While denouncing
420-492: A contributor in terms of him being a cheerleader, but I don't think we can pin too much blame on him". According to libertarian author and critic James Bovard , Cuomo was obsessed with changing HUD's image, as Cuomo declared, "The PR is the important thing I do... Eighty percent of the battle is communications." He championed a new program called Community Builders, created without appropriation by Congress, for 800 new HUD employees with computers to be paid as much as $ 100,000. In
504-639: A crippling effect on many of HUD's ongoing operations". Gaffney retired in May 2001, shortly after the department reached a $ 490,000 settlement with a black employee who had accused her of racial discrimination in passing him over for a promotion. Prior to Cuomo's tenure, HUD was routinely included on the General Accounting Office's biannual watch list of government programs whose poor management made them prone to fraud. During his time in office, two of HUD's four main departments were removed from
588-690: A larger capacity than those allowed for civilians. Republicans in the New York Legislature have made a number of unsuccessful efforts over a series of years to repeal the Act; these efforts have been led by State Senator Kathleen A. Marchione and State Assemblyman Marc Butler . Some mental health experts expressed concerns that the law might interfere with their treatment of potentially dangerous individuals, or discourage such people from seeking treatment. The United States Veterans Health Administration (VA) has already said they will not comply with
672-481: A law has been abolished. Under the previous standard, a law found to be a violation of the Second Amendment could be upheld if it was in the state's interest of public safety. Under the new standard, interest balancing no longer exists. Rather, a law may be struck down if it is a violation of the Second Amendment and if there is no text, history, or tradition of a similar law dating back to the ratification of
756-432: A letter offering a mixed opinion on the SAFE Act. The NYSSA favored the parts of the law that enhanced sentences for violent offenses committed with a gun, expanded background checks, and mandated safe storage of guns in households that included a member ineligible to legally use guns. The NYSSA opposed the parts of the law that expanded the definition of assault weapons, limited magazine usage, and limited ammunition sales via
840-560: A new deal with a large state-employee union, signed ethics reform legislation, passed a property tax cap, worked to enact a same-sex marriage bill with bipartisan support, and restructured New York's tax code. In 2014, Politico reported that Cuomo had been actively involved in the formation of the Independent Democratic Conference (IDC) three years earlier, which gave control of the state senate to Republicans. He has been accused of failing to bridge
924-473: A press conference." Cuomo received criticism from some for his use of the phrase. Roland Martin of CNN said that "' Shucking and jiving ' have long been words used as a negative assessment of African Americans, along the lines of a 'foot shufflin' Negro '. In fact, I don't recall ever hearing the phrase used in reference to anyone white." Cuomo investigated a corruption scandal, a "fraudulent scheme to extract kickbacks", which involved New York investigators,
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#17327729233811008-429: A severability doctrine when they deem one or more clauses of a passed statute as unconstitutional. This doctrine is used to evaluate the rest of the legislative statute, if it lacks severability clauses, to determine if the unconstitutional clauses can be severed from the rest of statute without affecting the intent or execution of the statute, thus keeping as much of the passed statute as possible. The severability doctrine
1092-556: A statement regarding novel coronavirus in New York wherein he mentioned the first positive case of novel coronavirus in New York State. On March 2, 2020, Cuomo said that community transmission of the new coronavirus is "inevitable". He also mentioned New York City's plans to aggressively ramp up diagnostic testing for the new virus and said that he would like to see New York City conducting "1,000 tests per day". He announced
1176-603: A video posted to his campaign website. Cuomo announced his choice for lieutenant governor on May 26, 2010: Robert Duffy , Mayor of Rochester . In the November 2, 2010, general election, Cuomo faced Republican Carl Paladino , a Buffalo -based businessman who had been heavily supported by the Tea Party movement . Cuomo won the election for governor by a landslide, winning 62.6% of the vote. Paladino performed strongly in his native Buffalo area, while Cuomo performed well in
1260-424: Is a current NewsNation anchor and a former CNN journalist, and his elder sister is noted radiologist Margaret Cuomo . Cuomo graduated from Archbishop Molloy High School in 1975. He earned a Bachelor of Arts from Fordham University in 1979 and a Juris Doctor from Albany Law School in 1982. During his father's successful 1982 campaign for governor , Cuomo served as campaign manager . He then joined
1344-434: Is a first cousin of Cuomo's ex-wife) was another leading contender, but withdrew for personal reasons two days before Paterson was set to announce his choice, leaving Cuomo and U.S. representative Kirsten Gillibrand as the most likely appointees. On January 23, Paterson announced he would appoint Gillibrand to the U.S. Senate. On September 18, 2009, advisors to President Barack Obama informed Governor David Paterson that
1428-541: Is an American politician, lawyer, and former government official who served as the 56th governor of New York from 2011 to 2021. A member of the Democratic Party and son of former governor Mario Cuomo , Cuomo previously served as the attorney general of New York from 2007 to 2010. Born in Queens , New York City, Cuomo is a graduate of Fordham University and Albany Law School . He began his career working as
1512-718: Is frequently used by the Supreme Court of the United States . Supreme Court Justice Brett Kavanaugh wrote in his lead opinion in Barr v. American Assn. of Political Consultants, Inc. , "Constitutional litigation is not a game of gotcha against Congress, where litigants can ride a discrete constitutional flaw in a statute to take down the whole, otherwise constitutional statute...". Andrew Cuomo Andrew Mark Cuomo ( / ˈ k w oʊ m oʊ / KWOH -moh , Italian: [ˈkwɔːmo] ; born December 6, 1957)
1596-459: Is fully engaged." The assembled audience of Cuomo's supporters booed. In a February 2019 opinion poll , Cuomo's approval rating dropped to 43 percent, the lowest of his tenure as governor, and a full 50% said they disapproved. The poll showed an eight-percent drop from January 2019; it was taken after Cuomo signed several pieces of progressive legislation, including an expansion of abortion rights and access and stricter gun laws, suggesting that
1680-445: Is no such thing as a seven-bullet magazine [sic]. That doesn't exist, so you really have no practical option." He went on to say the state needs to allow the sale of handguns and rifles with ten-round magazines, but requires the people of New York only load seven rounds in them, except at shooting ranges and competitions. He claimed the law is still enforceable. Cuomo and New York State Senate leaders planned an indefinite suspension of
1764-572: The 2017 New York City transit crisis as well as for not protecting undocumented immigrants, not legalizing recreational marijuana, and not creating a single-payer healthcare system. When debating Nixon, Cuomo countered her argument on the subways by pointing out that the system is owned by New York City, though past administrations agree it is the governor's role. An analysis conducted by New York City comptroller Scott Stringer revealed that New York City pays for 70 percent of subway repair costs. Cuomo defeated Nixon, 65.5–34.5%. On November 6, 2018,
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#17327729233811848-583: The Democratic National Committee ." In 1998, Clinton-appointed HUD inspector general Susan Gaffney testified to a Senate committee that she was the victim of " 'escalating' attacks on her office by Cuomo and 'his key aides,' including cooked-up charges of racism, insubordination, malfeasance, and general dirty-dealing". In 1999, Gaffney's office concluded that "most (15 out of 19) Community Builders' goals were activities rather than actual accomplishments" and that Cuomo's initiatives "had
1932-798: The Department of Housing and Urban Development (HUD) in 1993, a member of President Bill Clinton 's administration. After the departure of Secretary Henry Cisneros at the end of Clinton's first term under the cloud of an FBI investigation, Cuomo was unanimously confirmed by the United States Senate to succeed him as Secretary of HUD . Cuomo served as Secretary from January 1997 until the Clinton administration ended in 2001. In 2000, Cuomo led HUD efforts to negotiate an agreement with United States handgun manufacturer Smith & Wesson . This agreement required Smith & Wesson to change
2016-572: The Federal Housing Administration , a crackdown on housing discrimination, expanded programs to help homeless people get housing and jobs, and creation of new empowerment zones . During Cuomo's tenure as HUD Secretary, he called for an increase in home ownership. He also pushed government-sponsored lenders Fannie Mae and Freddie Mac to buy more home loans issued to poor homeowners in an attempt to end discrimination against minorities. Some believe that this helped lead to
2100-851: The New York Supreme Court denied the plaintiffs' request for an injunction and later dismissed the challenge, finding no constitutional violation. A separate challenge took place in federal court. In December 2013, Chief U.S. District Judge William M. Skretny , of the Federal District Court in Buffalo , upheld most of the New York SAFE Act, saying that its provisions "further the state's important interest in public safety.... it does not totally disarm New York's citizens; and it does not meaningfully jeopardize their right to self-defense". However he struck down
2184-514: The Securities and Exchange Commission , and attorneys general in dozens of states. After Hillary Clinton became President Obama's choice for U.S. Secretary of State in December 2008, then–New York governor David Paterson was charged with appointing a temporary replacement until a special election . Cuomo was seen as a leading contender for this appointment. Caroline Kennedy (who
2268-406: The "world-renowned" Wadsworth Center was partnering with hospitals to expand surge testing capacity to "1,000 tests per day statewide" for the novel coronavirus. On March 3, 2020, Cuomo signed a $ 40 million emergency management authorization for coronavirus response and claimed that "New York's overall risk remained low". He also announced the institution of a new cleaning protocol at schools and in
2352-491: The 18,408 newsgroups in the alt.* hierarchy , and Verizon limited its Usenet offerings to the approximately 3,000 Big 8 newsgroups. The move came after Cuomo's office located 88 different newsgroups to which child pornography had been posted. In 2008, Cuomo said of the Democratic Party candidate Barack Obama , who was running against Hillary Clinton , the candidate Cuomo supported: "You can't shuck and jive at
2436-495: The 2007–2010 subprime mortgage crisis . Edward J. Pinto, former chief credit officer at Fannie Mae, said: "They should have known the risks were large." Pinto said, "Cuomo was pushing mortgage bankers to make loans and basically saying you have to offer a loan to everybody." But others disagree with the assessment that Cuomo caused the crisis. Dean Baker , co-director of the Center for Economic and Policy Research , said Cuomo "was
2520-460: The Cuomo administration had quietly reinterpreted the order, and that Cuomo had collected $ 890,000 from 24 of his appointees, as well as $ 1.3 million from the spouses, children and businesses of appointees. Some donations were made to Cuomo just days after the donor was appointed. In March 2018, The New York Times reported that Cuomo had rewritten the disclaimer language on his campaign website for
2604-622: The Cuomo-Hochul ticket defeated the Molinaro-Killian ticket by a margin of 59.6% to 36.2%. On March 19, 2021, The New York Times , in an episode of their podcast The Daily , leaked audio of Cuomo threatening Bill Lipton, head of the Working Families Party , which had endorsed primary opponent Nixon, that "[i]f you ever say, 'Well he's better than a Republican' again, then I'm gonna say, 'You're better than
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2688-500: The Democratic Party's endorsement, receiving 65% of the delegates. Though Cuomo won the endorsement, former New York City Public Advocate Mark Green and two-time candidate for Lieutenant Governor Charlie King also earned places on the Democratic ballot . King dropped out of the race before the primary and endorsed Cuomo. Cuomo won the primary with a majority of the vote, defeating his nearest opponent by over 20%. Clinching
2772-501: The Democratic party nomination was considered a significant rebound following his unsuccessful and unpopular 2002 gubernatorial campaign, and at the nominating convention June O'Neill, the Democratic chairwoman of St. Lawrence County , called him "New York's own Comeback Kid". In the general election on November 7, 2006, he defeated the Republican nominee, former Westchester district attorney Jeanine Pirro , winning 58% of
2856-581: The GAO list. In addition, the department cut 15 percent of its staff as part of a Cuomo initiative to streamline its operations. From 2001 to 2006, Cuomo was not in government. He worked at the Fried Frank law firm from 2001 to 2004 and later the Island Capital real estate firm. Cuomo first ran for the Democratic nomination for the New York governor seat in 2002. He was initially the favorite for
2940-659: The Internet. A number of rallies opposing the law have been held at the New York State Capitol in Albany; one in 2014 featured Donald Trump , Rob Astorino , and Carl Paladino , and drew over 3,000 people. Smaller pro-SAFE Act rallies have also occurred in Albany. The law was criticized as "rushed through" by the state legislature without consideration of whether it would criminalize police and other law enforcement officers who carry firearms with magazines with
3024-590: The Less Privileged (HELP) in 1986 and left his law firm to run HELP full time in 1988. From 1990 to 1993, during the administration of New York City mayor David Dinkins , Cuomo was chair of the New York City Homeless Commission, which was responsible for developing policies to address homelessness in the city and providing more housing options. Cuomo was appointed Assistant Secretary for Community Planning and Development in
3108-559: The Republican ticket against Cuomo for governor. Law professors Zephyr Teachout and Tim Wu challenged the Cuomo–Hochul ticket in the Democratic primary election – capturing 34% of the vote on the gubernatorial line (Wu drew 40.1% as lieutenant governor ). On November 4, 2014, Cuomo was reelected for a second term with 54% of the vote, while Astorino received 40.6% of the vote. Despite low voter turnout, Cuomo won
3192-489: The Second Amendment in the 1780s. Due to the recent changes, new challenges to the SAFE Act and other New York gun laws have been proposed and discussed. The NY SAFE Act as originally passed did not explicitly exempt police officers from some of the law's provisions, such as the seven-round limit, although older law (not repealed by the NY SAFE Act) did provide such an exemption. This prompted some initial confusion, but
3276-530: The United States. The bill passed under the "message of necessity" procedure, a device in the New York State Constitution by which the governor may expedite a vote on a bill, bypassing a usual three-day waiting period. Although nominally used for emergencies, the "message of necessity" procedure has been frequently used in New York to pass many pieces of legislation (it has been used at least 415 times since 1938). The NY SAFE Act includes
3360-758: The act. In 2014, the Remington Arms Co. decided to open a manufacturing plant in Huntsville, Alabama . The president of United Mine Workers Local 717, which represents workers at Remington's existing plant in Ilion, New York expressed fears about the future of the New York facility and citing the NY SAFE Act for the company's decision to expand in Alabama rather than New York. Subsequently, about 100 Remington jobs were shifted from New York to Alabama;
3444-479: The campaign manager for his father in the 1982 New York gubernatorial election . Later, Cuomo entered the private practice of law and chaired the New York City Homeless Commission from 1990 to 1993. Cuomo then served in the United States Department of Housing and Urban Development as assistant secretary from 1993 to 1997 and as secretary from 1997 to 2001 under President Bill Clinton . Cuomo
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3528-807: The construction of the Governor Mario M. Cuomo Bridge , the Second Avenue Subway , the Moynihan Train Hall , and a reconstruction of LaGuardia Airport . He also decommissioned the Indian Point nuclear plant, which led to an uptick in greenhouse gas emissions. In response to the Sandy Hook Elementary School shooting and the 2012 Webster shooting , Cuomo signed the NY SAFE Act of 2013 ,
3612-478: The contract, and that instead the contract will be void; thus, often this is not explicitly stated in the severability clause. If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: Severability clauses are also commonly found in legislation under constitutional law , where they state that if some provisions of the law, or certain applications of those provisions, are found to be unconstitutional,
3696-438: The coronavirus response efforts, Cuomo received widespread praise from epidemiologists for his handling of the evolving COVID-19 pandemic in New York State, including a statewide lockdown and a shutdown of nonessential businesses in an effort to help flatten the curve of the virus. At the same time, however, Cuomo also received criticism for failing to grasp the gravity of the pandemic before its risks were fully visible to
3780-517: The death of Justice Antonin Scalia, it decided it was unlikely to win a favorable Supreme Court opinion. Since the 2022 NYSRPA v. Bruen Supreme Court decision striking down another New York gun law, the Sullivan Act (a law pertaining to the application of a pistol/conceal carry permit) from 1911, as unconstitutional, the old standard of interest balancing for deciding the constitutionality of
3864-423: The design, distribution, and marketing of guns to make them safer and to help keep them out of the hands of children and criminals. Budgets enacted during Cuomo's term contained initiatives to increase the supply of affordable housing and home ownership and to create jobs and economic development. These included new rental assistance subsidies, reforms to integrate public housing, higher limits on mortgages insured by
3948-501: The eastern part of the state as well as downstate. In addition to the parties fielding candidates, New York's electoral fusion laws allow parties to cross-endorse candidates. The Independence Party and Working Families Party cross-endorsed Andrew Cuomo, while the Conservative Party and Taxpayers Party cross-endorsed Carl Paladino. The Independence Party line received 146,648 votes (5.0% of Cuomo's total, and 3.2% of
4032-503: The estimated number of assault weapons requiring registration neared 1 million. On March 11, 2013, the United States Department of Veterans Affairs announced that it would not follow the provision of the NY SAFE Act requiring mental health professionals to report patients who seem more likely to hurt themselves or others. A Department spokesman stated that federal laws protecting the privacy of veterans take precedence over state laws. Advocates for military veterans had expressed concern that
4116-443: The executive order barring donations from appointees. The website added two caveats whereby some gubernatorial appointees are allowed to donate to the governor, which The Times said could potentially lead to more donations from appointees to the governor. The Cuomo campaign returned a $ 2,500 donation from one appointee who was in violation of the new disclaimer, but retained approximately $ 890,000 raised from other appointees. From
4200-503: The fact that any one or more section, subsection, sentence, clause, phrase, word, provision or application be declared illegal, invalid, unenforceable, and/or unconstitutional. Many laws have clauses specifying clearly the exact opposite, in which only all parts of the law taken together can be enforced: This act is to be construed as a whole, and all parts of it are to be read and construed together. If any part of this act shall be adjudged by any court of competent jurisdiction to be invalid,
4284-613: The following provisions: Support for the SAFE Act was strongly polarized by region, with support in New York City and its suburbs, but heavy opposition in upstate New York . Fourteen months after its passage, a Siena College poll showed that 63% of registered New York voters statewide said that they support the SAFE Act, but only 45% upstate voters did. The New York Times reported that in Upstate New York, "Counties, towns and villages have passed resolutions denouncing
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#17327729233814368-581: The general election by a comfortable margin; however, his margin of victory was smaller than it had been in his 2010 victory. Astorino won most of upstate New York but was overwhelmed in New York City. Cuomo was sworn in for his second term as governor. Cuomo was challenged in the primary from the left by actress and activist Cynthia Nixon . She criticized him for having failed to fix the New York City Subway following his declaration of
4452-473: The governor's staff as a policy advisor and sometime Albany roommate, earning $ 1 a year. As a member of his father's administration, Cuomo was known as the "enforcer" where his father was known as the "nice guy" in a good cop/bad cop dynamic to further advance his father's legislative agenda. From 1984 to 1985, Cuomo was a New York assistant district attorney and briefly worked at the law firm of Blutrich, Falcone & Miller. He founded Housing Enterprise for
4536-617: The investigations were closed without any charges being brought against him. Andrew Mark Cuomo was born on December 6, 1957, in the New York City borough of Queens to lawyer and later governor of New York Mario Cuomo and Matilda ( née Raffa). His parents were both of Italian descent; his paternal grandparents were from Nocera Inferiore and Tramonti in the Campania region of southern Italy, while his maternal grandparents were from Sicily (his grandfather from Messina ). He has four siblings; his younger brother, Chris Cuomo ,
4620-487: The law, saying that it would "provide law enforcement with stronger tools to protect our communities from gun violence, including provisions that better enable us to combat gun trafficking and violent gangs, and others that close the state gun show loophole and regulate large-quantity sales of ammunition and firearms." Following the passage of the Act, the New York State Sheriff's Association (NYSSA) wrote
4704-517: The laws, and some counties have even demanded that their official seals not be used on any paperwork relating to them. In response to an open records request, the governor's office shared hundreds of pages of such resolutions, from far-flung places like the Adirondack town of North Hudson , with 238 residents, to more populous areas like Erie County ." By contrast, Manhattan District Attorney Cyrus R. Vance, Jr. ( D‑NY ) strongly supported
4788-492: The legislation may have upset certain voters and contributed to the drop; however, the majority of voters agreed with his position on both issues. By early 2020, Cuomo's favorability rating was up to 77 percent, a record high. On his first day in office, Cuomo renewed an executive order signed by Eliot Spitzer which prohibited Governors of New York from receiving donations from gubernatorial appointees. A February 2018 investigation by The New York Times , however, revealed that
4872-546: The legislation. The following day (the second full day of the 2013 legislative session), the New York State Assembly approved the legislation by a 104–43 vote, and Governor Andrew Cuomo signed the bill into law less than one hour later. The passage of the law made New York the first to pass restrictions on gun laws since the Sandy Hook massacre . Cuomo described the law as the toughest gun control law in
4956-519: The nomination and led in fundraising and polls, but his campaign took serious damage after a gaffe . Speaking about the aftermath of the September 11 attacks , Cuomo said, " Pataki stood behind the leader. He held the leader's coat. He was a great assistant to the leader. But he was not a leader. Cream rises to the top, and Rudy Giuliani rose to the top." His remarks were widely derided; even his father, former governor Mario Cuomo , later admitted it
5040-469: The office of Governor Andrew Cuomo said soon after passage that police officers were exempt from the seven-round limit. In July 2013, Cuomo signed into law a measure that expressly exempted qualified retired law enforcement officers from some of the provisions of the Act. The exemption allows retired officers (who served for at least ten years and left in good standing) to retain guns and magazines purchased as part of official duty, so long as registered with
5124-537: The president believed he should withdraw his 2010 gubernatorial candidacy, stepping aside for "popular Attorney General Andrew Cuomo". On January 23, 2010, the New York Daily News reported that Cuomo would announce plans for a gubernatorial campaign at the end of March. Later reports indicated Cuomo would announce his gubernatorial campaign coinciding with the state Democratic Convention in late May. On May 22, 2010, Cuomo announced his run for governor in
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#17327729233815208-425: The provision requiring release of certain mental health records as it violates federal patient confidentiality laws. Others argued that this is a backdoor ban on handgun sales, noting that seven-round magazines simply do not exist for many popular models. After realizing seven-round magazines do not exist for most firearms, New York governor Andrew Cuomo reversed his position on the seven-round limit, stating, "There
5292-455: The provision that only seven rounds of ammunition could be loaded into a ten-round magazine, calling it "an arbitrary restriction" that violated the Second Amendment, and saying that it could result in "pitting the criminal with a fully-loaded magazine against the law-abiding citizen limited to seven rounds." The New York State Rifle and Pistol Association dropped its suit in March 2016. Following
5376-465: The public transportation system "to help stop any potential spread of the virus". On March 4, 2020, Cuomo confirmed nine new cases in the state and said that it was "literally like trying to stop air" and that it was inevitable that it would continue to spread. On March 6, 2020, Cuomo criticized the federal government's response to the COVID-19 outbreak, calling it "absurd and nonsensical". Early in
5460-529: The release of the attorney general's report, Cuomo was called to resign by President Joe Biden . On August 23, despite denying all allegations of sexual harassment, Cuomo resigned from office and was succeeded by his lieutenant governor, Kathy Hochul . At the time of his resignation, he was the longest-serving governor in the United States. The release also prompted district attorneys for Manhattan, Nassau County, Westchester County, Albany County and Oswego County to pursue criminal investigations; however all of
5544-407: The remainder of this act shall be invalidated. Nothing herein shall be construed to affect the parties' right to appeal the matter. (example New Hampshire statute) A more extreme variant is a clause specifying all parties should undo all the gains they earned due to that law/contract if any provision is adjudged to be invalid. In court systems within constitutional law countries, judges may employ
5628-421: The remaining provisions, or the remaining applications of those provisions, will, nonetheless, continue in force as law. A broad example would be one like this: If any one or more section, subsection, sentence, clause, phrase, word, provision or application of this Ordinance shall for any person or circumstance be held to be illegal, invalid, unenforceable, and/or unconstitutional, such decision shall not affect
5712-581: The report's findings as political and maintaining his innocence, in the face of almost certain removal from office, he announced his resignation as Governor, effective August 24, 2021. Although there was no formal withdrawal, individuals close to Cuomo indicated he would likely not seek his party's nomination following his resignation. Cuomo took the gubernatorial oath of office at 12:01 a.m. on January 1, 2011, succeeding David Paterson. During his first year as governor, Cuomo worked to pass an on-time budget that cut spending without raising taxes, made
5796-516: The reporting requirement would deter some people from seeking needed treatment. Robert L. Schulz and several hundred other gun-rights activists pursued a legal challenge against the NY SAFE Act in New York state court, arguing that the act was unconstitutional as Governor Cuomo's use of a "message of necessity" to waive the usual three-day waiting period had violated the New York State Constitution. Judge Thomas J. McNamara of
5880-511: The rift between the IDC and the Democratic caucus in the Senate. There was media speculation about a possible presidential run, either in 2016 or 2020. Several reports indicated that Cuomo supported the Independent Democratic Conference until its dissolution and defeat in 2018 in part to appear more moderate for an eventual presidential bid. Cuomo denied these allegations, and in 2018
5964-425: The seven-round magazine limit until they could rewrite the measure. In March 2013 during budget negotiations, Cuomo and lawmakers agreed to continue to allow 10-round magazines to be sold, but could still only be loaded with 7 cartridges. As of 2015, the number of assault weapons registered had not met expectations, suggesting mass non-compliance with the law. Only around 45,000 such registrations were performed, while
6048-569: The state within 60 days of retiring. In 2013, Justin Moon 's Kahr Arms of Pearl River, a gun manufacturer, announced that it would be moving its headquarters from New York to Pennsylvania after the passing of the NY SAFE Act. The company also announced that it would be building a manufacturing facility in Pennsylvania, rather than Orange County, New York , as it had looked into. AR15.com moved in 2013 from Farmington to Texas after passage of
6132-410: The state. His strong support for New York City's bid to become the home of Amazon's HQ2 faced criticism based on arguments that the costs to the state outweighed the possible benefits. Amazon decided on two "major corporate outposts", in New York City and Arlington, Virginia , instead of a single second headquarters, before bowing out of the former under local pressure. On March 1, 2020, Cuomo issued
6216-757: The statewide total) and the Working Families line received 154,853 votes (5.3% and 3.4%), with the Democratic line receiving the remaining 2,610,220 votes (89.6% and 56.5%). The Conservative line received 232,281 votes (15.0% of Paladino's total, and 5.0% of the statewide total) and the Taxpayers line received 25,821 votes (1.5% and 0.6%), with the Republican line receiving the remaining 1,290,082 votes (83.3% and 27.1%). Cuomo sought reelection in 2014, with former U.S. Representative Kathy Hochul as his new running mate. On March 5, 2014, Westchester County executive Rob Astorino announced that he would run on
6300-540: The strictest gun control law in the United States . He also delivered Medicaid expansion under the Affordable Care Act ; a 2011 tax code that raised taxes for the wealthy and lowered taxes for the middle class; 12-week paid family leave; and a gradual increase of the state's minimum wage to $ 15 per hour . Cuomo received national attention for his handling of the COVID-19 pandemic in New York . Although he
6384-422: The terms are held to be illegal or otherwise unenforceable, the remainder should still apply. Sometimes, severability clauses will state that some provisions to the contract are so essential to the contract's purpose that if they are illegal or unenforceable, the contract as a whole will be voided. However, in many legal jurisdictions , a severability clause will not be applied if it changes the fundamental nature of
6468-460: The time of Utah governor Gary Herbert 's retirement on January 4, 2021, until his resignation on August 23, 2021, Cuomo was the longest-serving governor in the United States still in position, with 3,887 days in office. Cuomo has supported providing tax and other incentives to attract business to locate in New York State. He even joked in 2018 that he would be willing to change his name to "Amazon Cuomo" if Amazon located their " Amazon HQ2 " in
6552-717: The validity of any other section, subsection, sentence, clause, phrase, word, provision or application of this Ordinance which is operable without the offending section, subsection, sentence, clause, phrase, word, provision or application shall remain effective notwithstanding such illegal, invalid, unenforceable, and/or unconstitutional section, subsection, sentence, clause, phrase, word, provision or application, and every section, subsection, sentence, clause, phrase, word, provision or application of this Ordinance are declared severable. The legislature hereby declares that it would have passed each part, and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of
6636-675: The vote. On July 23, 2007, Cuomo's office admonished the Spitzer administration for ordering the New York State Police to keep special records of then Senate majority leader Joseph Bruno 's whereabouts when he traveled with police escorts in New York City. At the discretion of top officials of the Spitzer administration, the created documents meant to cause political damage to Bruno. Spitzer responded by accepting responsibility and issuing an apology to Bruno. In 2007, Cuomo
6720-425: Was a blunder. On the eve of the state convention, Cuomo withdrew from consideration after concluding that he had little chance of support against the favored party candidate, State Comptroller Carl McCall . McCall went on to lose the general election to incumbent George Pataki . Cuomo declared his candidacy for the Democratic nomination for New York State Attorney General in 2006 and on May 30, 2006, captured
6804-773: Was active in a high-profile investigation into lending practices and anti-competitive relationships between student lenders and universities. Specifically, many universities steered student borrowers to a "preferred lender", which resulted in the borrowers' incurring higher interest rates. This led to changes in lending policy at many major American universities. Many universities also rebated millions of dollars in fees to affected borrowers. On June 10, 2008, Cuomo announced that three major Internet service providers ( Verizon Communications , Time Warner Cable , and Sprint ) would "shut down major sources of online child pornography " by no longer hosting many Usenet groups. Time Warner Cable ceased offering Usenet altogether, Sprint ended access to
6888-493: Was elected New York attorney general in 2006 , after a failed bid to win the Democratic primary in the 2002 New York gubernatorial election . Cuomo won the 2010 Democratic primary for governor of New York and won the general election with over 60 percent of the vote. He was re-elected in 2014 and 2018 . During his governorship, Cuomo signed legislation to legalize same-sex marriage , medical use of cannabis , and recreational use of cannabis . Cuomo's administration oversaw
6972-987: Was initially lauded for his response, he faced renewed criticism and federal investigation after it was alleged that his administration covered up information pertaining to COVID-19 deaths among nursing home residents who died in hospitals. Investigations by both the Department of Justice and the Manhattan District Attorney's Office were officially closed as a result of no evidence of wrongdoing. Beginning in late 2020, Cuomo faced numerous allegations of sexual misconduct . An investigation commissioned by New York attorney general Letitia James reported in August 2021 that Cuomo sexually harassed at least eleven women during his time in office, for which Cuomo faced criminal investigations, however she declined to file criminal charges against him. Following
7056-563: Was responsible for reuniting the IDC with the mainstream Democratic conference. For his 2018 re-election bid, Cuomo accepted being on top of the ballot line for the Independence Party, a list that featured numerous Republicans, including ardent Trump supporters. In an August 15, 2018, anti-sex trafficking bill-signing event, Cuomo said: "We're not gonna make America great again. It was never that great. We have not reached greatness. We will reach greatness when every American
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