NY sheriffs: We won't enforce gun laws, magazine limits

Franklin

Franklin

Member
Joined
Mar 16, 2013
Messages
624
Reaction score
1,282
Location
Tn
By Mark Boshnack
The Daily Star

Local sheriff: I won't enforce gun law » Local News » The Daily Star, Oneonta, NY - otsego county news, delaware county news, oneonta news, oneonta sports

NEW YORK — Don't expect any change in local enforcement of New York's SAFE Act following recent comments by Gov. Andrew Cuomo. That was the response from two local sheriff's departments and a state legislator Friday when asked to comment on what Cuomo had to say.

Cuomo's office drafted and pushed through the gun law in January, which, among other provisions, bans New York sales of some popular semi-automatic rifles and gives owners a year to register those they already owned. It also limited magazine capacity in most cases to seven bullets.

Talking to reporters Wednesday, Cuomo said law enforcement's job is to enforce all the laws, which are enacted by the Legislature. To do otherwise "would obviously be chaos" and "a dangerous and frightening precedent."

The New York State Sheriffs Association and five individual sheriffs have joined a court effort to block enforcement of new bullet limits for magazines and firearms restrictions.

Schoharie County Sheriff Tony Desmond said he has no intention of enforcing the law, and that his office won't do anything that would cause law-abiding citizens to turn in their weapons or arrest them for possessing firearms.

"I'm not going back on my personal conviction," he said. Residents have told him this is what they want, he said, and "I've stood up for them, and I will continue to do so."
 
Register to hide this ad
Onondaga County Sheriff Kevin Walsh has recently turned down a "Freedom of Information Act" request for a list of Pistol Permit holders in the County. He said that the company requesting the information wanted it for marketing purposes. Also, he has approximately 15,000 applications from permit holders that would allow them to "opt out" from such requests. He says that it will take time to get these applications processed and it wouldn't be right to give out peoples pistol permit status that have asked to not be included in such a list. If I'm not mistaken, the NY "Safe Act" included a cut-off date for filing such paperwork. This date has passed. The Onondaga County Sheriff's Office still accepts these on a daily basis.
 
Last edited:
Last I heard, all but 8-10 of the Sheriffs in Colorado are not going to enforce their new gun laws and I think 54 of what? 62 Sheriffs in Colo--are also suing their gov--who in return is trying to force them into enforcing those laws on the basis of not getting paid. Ill bet cuomo is good friends with hickenlooper.

Also, most of the Sheriffs in Texas also already said they arent going to enforce any laws in that area either.
 
While I certainly agree with the NY sheriff's distaste for the new laws, it is a dangerous thing when law enforcement officials take it upon themselves to decide what laws to enforce, and what laws to ignore. But maybe this was unavoidable after Obama has set the precedent of deciding as what decrees are to be enforced and which are to be put aside. With a President and Attorney General so negligent in honoring their oath to support and defend the Constitution of the United States, it is not really surprising that other law enforcement officials are taking liberties with their commitments that would have been unimaginable just a short time ago. I would hope that the voters of NY cast out Cuomo and others who pushed for and passed the new anti-gun laws, but if this is what the people of NY want then their law enforcement agencies are obligated to enforce the law. What if next a liberal Sheriff or District Attorney announces that they will not enforce Assault and Battery charges if the victim is an outspoken conservative, saying that in his/her opinion the conservative got what they deserved, and on and on. Without the rule of law we are no longer the America that I grew up in and want to remain in.
 
Last edited by a moderator:
Franklin said:
By Mark Boshnack
The Daily Star

Local sheriff: I won't enforce gun law » Local News » The Daily Star, Oneonta, NY - otsego county news, delaware county news, oneonta news, oneonta sports


Talking to reporters Wednesday, Cuomo said law enforcement's job is to enforce all the laws, which are enacted by the Legislature. To do otherwise "would obviously be chaos" and "a dangerous and frightening precedent."

T
Click to expand...

I think that what the legislature is doing would obviously be chaos and a dangerous and frightening precedent.
 
vito said:
While I certainly agree with the NY sheriff's distaste for the new laws, it is a dangerous thing when law enforcement officials take it upon themselves to decide what laws to enforce, and what laws to ignore. But maybe this was unavoidable after Obama has set the precedent of deciding as King what decrees are to be enforced and which are to be put aside. With a President and Attorney General so negligent in honoring their oath to support and defend the Constitution of the United States, it is not really surprising that other law enforcement officials are taking liberties with their commitments that would have been unimaginable just a short time ago. I would hope that the voters of NY cast out Cuomo and others who pushed for and passed the new anti-gun laws, but if this is what the people of NY want then their law enforcement agencies are obligated to enforce the law. What if next a liberal Sheriff or District Attorney announces that they will not enforce Assault and Battery charges if the victim is an outspoken conservative, saying that in his/her opinion the conservative got what they deserved, and on and on. Without the rule of law we are no longer the America that I grew up in and want to remain in.
Click to expand...

The SAFE law was passed on the weekend at 12 midnight. The legislators were forced to stay at the state capital, and many were coerced by threats of withholding state monetary aid(their own tax money) to their districts, others coerced by offers of plum patronage jobs, etc. There was no rule of law followed.
And NO, this is not what the people of NY wanted, despite so much false information spread by the media, and the ignorance of those who jump on the "I hate NY" bandwagon so readily.
 
a8erube4.jpg
 
Last count all but one or two County Clerks around the state had requested the repeal of cuomo's safe act. It is loaded with unfunded mandates for implementation and conformance in paperwork and record keeping that is to be passed down to the counties.

The "opt-out" paperwork to insure your name NOT be released as part of FOIL requests cost counties tens-of-thousands of dollars in administrative and clerical hours and paperwork. And that "gift" from Albany wasn't even part of cuomo's safe act!

cuomo's safe act is vastly unpopular in every place except in the NYC area (where people can't possess guns anyway)! I'm not sure which LE agencies will or won't enforce cuomo's safe act, but I'm quite sure those who are directly employed by the state (NYS Troopers, etc) will be forced to (regardless of personal beliefs).
 
Deciding whether or not to enforce a law happens every day. It's called discretion. There's old laws still on the books that are outdated and new laws that some officers just don't like. They don't get enforced and there is no way any supervisor can make you enforce one unless they're riding in the cruiser with you. Any of you LEO's ever poured out the booze at a teen gathering, carried a drunk home, or issued a warning? I think a lot of discretion will be used with some of these new laws. They're going after the wrong people and most cops know that.
 
charlie sherrill said:
Deciding whether or not to enforce a law happens every day. It's called discretion. There's old laws still on the books that are outdated and new laws that some officers just don't like. They don't get enforced and there is no way any supervisor can make you enforce one unless they're riding in the cruiser with you. Any of you LEO's ever poured out the booze at a teen gathering, carried a drunk home, or issued a warning? I think a lot of discretion will be used with some of these new laws. They're going after the wrong people and most cops know that.
Click to expand...
Discretion used when pouring out some teenager's booze or not obeying a direct edict to confiscate a now "outlaw" firearm is a vast difference...
I expect if and when it all comes to a head most will acquiesce to the Governor's wishes or be squeezed out of their positions.
 
duppie said:
Discretion used when pouring out some teenager's booze or not obeying a direct edict to confiscate a now "outlaw" firearm is a vast difference...
I expect if and when it all comes to a head most will acquiesce to the Governor's wishes or be squeezed out of their positions.
Click to expand...

Who is going know that the good officer even saw the alleged "assault weapon" during the traffic stop or welfare check, etc.?
I could also see an officer removing the 8th, 9th, & 10th rounds out of a magazine and handing back to the "offender".

"Yes, sir. When I inspected his magazine, I found 7 rounds in it."


Of course it will depend on the individual LEO, and I'm sure that whatever offense caused the stop will be considered as well.

Headlight out with 10 rounds in a magazine - get that light fixed, have a good night.

Driving drunk with 10 rounds in a magazine - now there's a problem.
 
Last edited:
Hillbilly77 said:
Who is going know that the good officer even saw the alleged "assault weapon" during the traffic stop or welfare check, etc.?
I could also see an officer removing the 8th, 9th, & 10th rounds out of a magazine and handing back to the "offender".

"Yes, sir. When I inspected his magazine, I found 7 rounds in it."


Of course it will depend on the individual LEO, and I'm sure that whatever offense caused the stop will be considered as well.

Headlight out with 10 rounds in a magazine - get that light fixed, have a good night.

Driving drunk with 10 rounds in a magazine - now there's a problem.
Click to expand...
In your scenario...perhaps but I was thinking more along the lines where a systematic warranted roundup of now NYS illegal firearms were to occur. Discretion would be rather more difficult to be justified within the ranks of SWAT team sent out to do the Governor's bidding. However unlikely to happen in the near future it is still something to ponder.
 
You must log in or register to reply here.

Similar threads

biku324
A Crook is a Crook
2 3 4
Replies
101
Views
6K
Ματθιας
Ματθιας
Baxter6551
Sickening death of a Chicago LEO
2
Replies
30
Views
2K
yeti
yeti
Ματθιας
Former BCSO sheriff, undersheriff named in cross-country machine gun scheme
Replies
11
Views
872
Rudi
R
RM Vivas
The small world of my NYPD Commando
Replies
17
Views
1K
ultra45
U
DARE
.357 Magnum REG #657 Provenance
Replies
9
Views
2K
gc45
gc45

Latest posts

Back
Top