NY Sheriffs defy Cuomo: We won’t take guns from law-abiding citizens

Man-aiming-rifle-300A law is only as good as its enforcement, and a growing number of New York sheriffs are announcing that they don’t intend to enforce the SAFE gun legislation Gov. Andrew Cuomo signed into law in January, PoliceOne reported.

Cuomo’s rush to make New York the first state to react in knee-jerk fashion to the tragic December shooting at Sandy Hook Elementary School in Newtown, Conn., resulted in a highly-flawed, overly-broad law that restricts the rights of legal gun owners while doing little to address violence.

The legislation limits magazine capacities to seven rounds, prohibits the sale of certain types of semi-automatic rifles and gives current owners of such weapons one year to get them registered with the state, according to PoliceOne.

Schoharie County Sheriff Tony Desmond said he doesn’t intend to enforce the law, and that his office won’t lift a finger to make law-abiding citizens turn in their firearms.

“I’m not going back on my personal conviction,” he said. Residents have told him that is what they want, he said, and “I’ve stood up for them, and I will continue to do so.”

Schoharie County, located in central New York, is primarily agricultural, and its residents have a long tradition as hunters and outdoorsmen.

“They generally treat [their firearms] safely,” he said, according to PoliceOne. “If the governor thinks I am wrong, so be it.”

Desmond has plenty of company. The New York Sheriff’s Association has joined five individual sheriffs in a court effort to block enforcement of the firearms and magazine restrictions.

The law created controversy even while it was still in debate.

“Why are we being bullied into voting on this bill without our proper, responsible due diligence?” said GOP lawmaker Steven Katz, according to the New York Daily News. “Solely due to the governor’s misguided, egotistic notion that this will advance his presidential aspirations.”

In the end, Cuomo got what he wanted.

“I am proud to be a New Yorker because New York is doing something,” the Daily News reported Cuomo as saying. “We are fighting back.”
And now he’s fighting back at his state’s sheriffs.

Cuomo said sheriffs’ job is to enforce all the laws and not cherry-pick those they want to enforce and ignore those they don’t. To do otherwise “would obviously be chaos” and “a dangerous and frightening precedent,” PoliceOne reported.

But the governor’s comments are a tough sell for many. Delaware County Undersheriff Craig DuMond said he and Sheriff Tom Mills agree with the sheriff’s association. Although they find parts of the law beneficial, many of its provisions are overreaching. DuMond doesn’t support the assault-weapons ban or the restriction on magazine capacity.

“It is too broad and prevents the possession of many weapons that can be used legally,” he said.

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About Michael Dorstewitz

Mike has been with BizPac Review almost from the beginning. Email Mike at michael@bizpacreview and follow him on Twitter at @MikeBPR.

  • bleedinell

    Coumo will just send in the jack booted state police to confiscate our guns instead.

    • http://www.facebook.com/profile.php?id=31700876 Jason Stem

      Fight back, or even better move. PA loves our gun owners!

  • Thomas Morosco

    Cuomo is under the mistaken idea that he can win a presidential election. He won’t get past a primary. He should go back to his clerk’s job or whatever job he had. As governor he has shown is anti-American position and his illegal moves to bypass the Bill of Rights.

  • Dan Nowotarski

    Good to see Real American Patriots are standing up and fighting against some of America’s enemies attacking our Liberties and Freedoms. – God Bless America, Israel, the NRA and all Real Freedom Fighting Patriots.

    • AlecGreen

      Isreal is stealing the land of the Palestinians and actually throwing legal homeowners out of the homes, keeping them for themselves and forcing the owners into concentration camps. How in the world does that generate God Bless?

  • Roy Weatherly

    How is it even legal for NY to do this when it is unconstitutional? Has no one taken it to court or what am I missing?

    • Megalith

      It’s in court and there are 3 different lawsuits attacking every part of the huge piece of garbage. There’s one group suing for an injunction until it can be heard. The judge gave NY State 15 days to respond with an order to show cause with matters of fact in regards to how the Safe Act is constitutional. That was 4 1/2 months ago and several continuances later. NY State finally filed their brief about 2 weeks ago and they used no actual facts to support their argument. NY States defense is that Heller does not apply to this law. No word on the injunction as of yet as the judge is still deliberating. With all the liberal activists judges in this state, I’m not holding out hope.

    • AJCEditor

      The NYSRPA has a court action.

    • Parashooter

      Roy, you (and every other gun owner in New York!) should join the NYSRPA (nysrpa.org) or SAFE (nysafe.org) or the Westchester county association (sorry, don’t have their link) -or all of them- They are the groups that have filed suit for injunction, we need everyone’s help supporting this suit-and the other suits! to get this absurd confusing ambigous pile of unconstitutional garbage thrown out! as a member you’ll get updates and be kept up on what’s happening.

  • Gregg von Fossen

    Cuomo said sheriffs’ job is to enforce all the laws and not cherry-pick those they want to enforce and ignore those they don’t. To do otherwise “would obviously be chaos” and “a dangerous and frightening precedent,” Does that include immigration laws, Comrade Cuomo?

  • David Clough

    Register your guns if you have this type… umm nope. Prove I have it.

  • Bob

    Bravo for the Sheriffs. Sometimes you just have to stand up and fight back.

  • John F Gordon

    This was Hitler’s move in the 30′s and the German people blindly followed his dictate. What happened? Hitler had all of those guns confiscated so that the German people couldn’t depose him or fight against his jack booted thugs, the brownshirts. He KNEW that there would be a partisan underground in Germany fighting him if they had weapons.

  • Cliff Williams

    Hey Cuomo, do you hold Barack and Eric to the same standard that you don’t get to the choose the laws you enforce and the laws you don’t?

  • AJCEditor

    Cuomo…Just a piece of $#!T. POTUS…Ha!