It's been a tough couple weeks in late May for New York's Governor Andrew Cuomo and his "Secure Ammunition and Firearms Enforcement (SAFE) Act".
On May 21st, Cuomo gathered the state's elected county sheriffs and 'suggested' that they quiet down and go along.
"The sheriffs thought they were being summoned to the Capitol to discuss ideas for changes to New York's gun control law, the SAFE Act. Instead, Gov. Andrew Cuomo told them to keep quiet.
Opposition to the new law has simmered in upstate areas since Cuomo signed the law in January. Many county sheriffs oppose it, particularly its expanded definition of banned assault weapons, and have spoken out around the state."
"Instead, Cuomo pushed the sheriffs to stop publicly speaking out against the act, Moss said.
"The governor was of the opinion that the sheriffs around the state should not be interjecting their personal opinions in reference to the law," Moss said, adding that Cuomo said sheriffs can't do that and enforce the law."
So in the mind of Cuomo, elected officials who MAKE the laws are fully able to express their opinions and beliefs and to mislead and lie to their constituents while doing so, and in the case of New York it's okay under Cuomo's so-called leadership for them to violate the state's constitution in rushing gun control legislation into law the way they did, but it's not okay for elected sheriffs to express their opinions and beliefs and enforce the laws that they believe to be unconstitutional.
Historically in places like Chicago and New York City, and more recently in Colorado, you'd expect or at least not be surprised by some heavy-handedness, wouldn't you? You wouldn't be disappointed here.
"One person briefed on the meeting said Cuomo threatened to remove sheriffs from office, a little-used power afforded the state's chief executive under the state constitution."
http://www.timesunion.com/local/article/Sheriffs-Cuomo-asked-for-silence-4532930.php
Well it looks like the sheriffs didn't get the message. This article published 3 days later shows that the sheriffs have joined a federal lawsuit challenging New York's SAFE law.
"The New York State Sheriffs' Association and five individual sheriffs are asking U.S. District Judge William Skretny to add their position to the record. They support gun rights advocates seeking to block enforcement of new bullet limits for magazines and the tighter definition of assault weapons.
The sheriffs agree with the New York affiliate of the National Rifle Association that the law, passed after the Newtown, Conn., school shooting, is unconstitutional because it will prevent citizens from keeping commonly used firearms for home defense.
"The Supreme Court has confirmed that the Second Amendment protects arms typically possessed by law-abiding citizens, and identified that the right of self-defense is 'core' protected conduct that is at its zenith in the home," the sheriffs' brief said. "At a minimum, laws that criminalize the most common rifle in America today - a rifle that is often selected precisely for its self-defense capabilities - impinge upon that core right. The same is true of laws banning standard-capacity magazines." "
"The sheriffs argued that several provisions are also "fatally vague," measures that "law enforcement officers are inherently unable to fairly and uniformly enforce." They urged the court to clarify "laws that will inevitably require enforcement, via confiscation, incarceration, or both, against otherwise law-abiding individuals attempting to exercise fundamental rights."
Without a reliable means of distinguishing each listed assault weapon or now-illegal magazines that "can be readily restored or converted" to carry additional rounds, they said enforcement will be a problem. "The lack of guidelines in these provisions will inevitably lead to 'erratic arrests and convictions' that the due process clause was meant to prevent," they wrote."
http://www.foxnews.com/politics/2013/05/24/new-york-sheriffs-fault-new-gun-law-seek-to-join-lawsuit/
Even more recently, Erie County, New York Sheriff Timothy Howard has gone a step further, breaking away from even other sheriffs, by publicly stating that he won't enforce SAFE laws.
http://www.thegunmag.com/erie-county-ny-sheriff-says-i-wont-enforce-safe-act/
Meanwhile, the day after Cuomo attempted to 'influence' the sheriffs, 200 citizens demonstrated at the state capitol and delivered 400,000 signatures demanding the SAFE gun control law be repealed.
http://www.foxnews.com/politics/2013/05/22/hundreds-protesters-call-to-repeal-tough-new-york-gun-law/
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