Second Amendment

New York Sheriffs Tell Cuomo To Stuff His Gun Control Laws


Governor Andrew Cuomo
Pat Arnow

People tend to forget that the state of New York is really at least two distinct entities: the city and its surrounding bedroom communities on the one hand, and the rest of the state on the other. Earlier this year, Governor Andrew Cuomo (smirking at right) and the urban contingent rammed through new gun restrictions that were so well-crafted that lawmakers had to quickly revisit the legislation to exempt law-enforcement officers and to revise the law's requirement for (almost non-existent) seven-round magazines to accommodate ten-round magazines into which state residents are only allowed to load seven cartridges. (Watching New York government in action is less like seeing sausage being made and more like observing chimpanzees mold mud pies.) Now the rest of the state is having its say. Upstate sheriffs, under pressure from enraged constituents, say the state's gun controls are unconstitutional, and they won't enforce the damned law.

Mark Boshnack of the Oneonta Daily Star writes:

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."

Sheriff Desmond's comment came after Gov. Cuomo called a vow to ignore the law by a candidate for sheriff in Saratoga County "a dangerous and frightening precedent."

Erie County Sheriff Tim Howard also refuses to enforce the law—a position taken by a half-dozen of the upstate elected officials. The New York State Sheriffs' Association joined a lawsuit to overturn the gun restrictions, saying "The laws appear willfully blind to legitimate safety interests, and instead are tailored to impact, and negatively impact, law-abiding firearm owners."

Even some officials who say they will enforce the law admit they won't put much effort into it, because that wouldn't be too healthy in areas where large numbers of constituents openly vow defiance. For North Country Public Radio, Brian Mann reported:

Right from the start, many gun owners said they wouldn't comply with the law, which they say violates the 2nd amendment and turns them unfairly into criminals. That puts sheriffs like Dave Favro in rural Clinton County in a tight spot.

"I don't want to see a citizen revolt, because that's going to create more violence in one sense.  However, I can understand…this is an infringement and where does it stop?" Favro asked.

So Favro hates this law.  He says many of his best friends – and the people who vote him into office – absolutely love their guns and won't ever comply with the SAFE Act's restrictions.

What's interesting is that Governor Cuomo anticipated this defiance after the law passed and promised to oust any sheriffs who opposed him on the issue. That the Sheriffs' Association joined the lawsuit after that heated meeting shows the effectiveness of Cuomo's threats.

At the start of the Civil War, Mayor Fernando Wood threatened to take New York City out of both the state and the union and create an independent city-state. With the population of the metropolis politically at odds with much of the rest of the state, rural New Yorkers might wish Wood had followed through and saved them the trouble of their own rebellion.

By the way, watch today's recall votes in Colorado for a similar intrastate battle over self-defense rights.

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  1. Watching New York government in action is less like seeing sausage being made and more like observing chimpanzees mold mud pies masturbate.

    1. “Watching New York government in action is less like seeing sausage being made and more like observing chimpanzees mold mud pies made with their own shit.”


  2. It is a shame that the population concentration in the NYC area is allowed to destroy what otherwise would be a very nice reasonable state.

    1. It does helpfully mean that the issue can be resolved with only one or two psychic “aliens”.

      1. BTW IL is much like that too. IL is such a pinko shit hole that Chicago and the metropolitan area destroys the State. Don’t get me wrong a lot of IL is democrats but the chicago makes it completely democrat every year in voting

        1. This. This same scenario could play out in IL; just substitute central/southern IL for upstate.

          I say give the counties along the northern border to WI and split Saluki-land between Kentucky and Missouri.

  3. Sheriff Desmond’s comment came after Gov. Cuomo called vow to ignore the law by a candidate for sheriff in Saratoga County “a dangerous and frightening precedent.”

    Soon Cuomo’s transformation to zombie George III will be complete.

  4. Upstate sheriffs, under pressure from enraged constituents, say the state’s gun controls are unconstitutional, and they won’t enforce the damned law.

    That sounds dangerously close to republicanism and the liberty it is supposed to protect. They better send in the storm troopers to put a stop to that.

    1. Well, let’s be honest. They won’t enforce the laws unless they think the guy they arrest is a scumbag who deserves to have the book thrown at him. I’m sure they’ll never use the 9th shell in a pistol to obtain a warrant to search a suspected drug dealer’s house.

  5. Quite honestly, I think the country would be better off if all cities greater than certain size were split off as city-states from the marginal suburban and rural areas.

    1. Only if they can’t vote in Federal Elections. Make them Federal Districts like DC.

      1. Trade some autonomy in local action for less say in the affairs of suburban/rural areas.

      2. I say let them be states. The House would still be about the same and the Senate could only get better if the less urban areas got to elect their own senators.

      3. More like Indian reservations. Maybe Colorado could have a trail of tears for liberal Californian expats?

        1. Maybe Colorado could have a trail of tears for liberal Californian expats?

          Only if we can build a wall around the People’s Republic of Boulder so that they can’t escape and blend in with the rest of the population. We’ve got too many of those assholes here already.

          1. Easy fix. Start a coffee shop that markets itself as “fair-trade and organic” and deport anyone who tries to buy a coffee.

            1. A “coffee pot?”

  6. I’m not surprised at this–upstate is a very different place from the NYC metro area, more akin to northern New England or Pennsylvania–but you have to realize that people had already lived with some incredibly annoying gun laws regarding pistols (outside the city, long guns are mostly unregulated) and now Cuomo jacks those up past 11 to 12.

    I don’t think Cuomo has the juice to do anything about this. In fact, it would be a great way for his political opponents to fuck him if they want. They should take the opportunity.

  7. In other but gun banner related news,

    AIR RIFLES BANNED BY NJSP…..mi=1382303

    Do you possess a common Air Rifle, such as the Gamo Whisper .177, .22, DX models or something substantially similar? Does your common Air Rifle incorporate noise reduction paraphernalia? If yes, then you are now in possession of a banned assault weapon according to a recent decision by the New Jersey State Police!

    The New Jersey Second Amendment Society recently obtained a copy of the letter from Lieutenant Joseph Genova, head of the Firearms Investigation Unit (FIU) of the New Jersey Division of State Police, that was sent to NJ firearms retailers regarding the legality of air rifles with internal or barrel mounted baffles designed to reduce noise. In this letter dated August 23, 2013, Lt. Genova makes reference to both air rifles being considered firearms under NJ statute, and that any form of “firearm silencer” is illegal in NJ. (A photograph of the letter can be viewed here: AirRifle2013.pdf).

    1. How the fuck do the police get to decide that?

      1. It’s Jersey. They nullified the Constitution decades ago.

        1. I’m pretty happy to be ignorant of most things Jersey. They only things I have done in NJ are go to the Newark airport and get drunk in Hoboken one night.

  8. Take note – according to the NYSRPA website, the current court date for the suit against the act is this thursday (Spet 12th) Link I can’t access the page from work, so I can’t test the link. But it’s a menu item off the NYSRPA main page.

    I don’t understand the NYC types and really do wish we’d been rid of them long ago.

  9. from the CNN Colorado recall link…

    For Phillips, sharing her painful but final memory of Jessie is an emotional endeavor. Her voice thins and grows shaky as she talks about that night.

    But it’s a challenge she has taken on dozens of times a day for the past week, going door to door in Colorado Springs as she asks voters to support a state lawmaker she never knew until this year: State Sen. John Morse.

    She pulled that emotional stunt in Colorado Springs?

  10. “Republics abound in young civilians, who believe that the laws make the city, that grave modifications of the policy and modes of living, and employments of the population, that commerce, education, and religion, may be voted in or out; and that any measure, though it were absurd, may be imposed on a people, if only you can get sufficient voices to make it a law. But the wise know that foolish legislation is a rope of sand, which perishes in the twisting”


  11. Watching New York government in action is less like seeing sausage being made and more like observing chimpanzees mold mud pies.

    That’s not mud…

  12. “Molon labe”

  13. [Cuomo anticipated this defiance after the law passed and promised to oust any sheriffs who opposed him on the issue.]

    And he intends to “oust” a duly elected official…

  14. Second Amendment, Thirteenth Amendment,

    New York City: Anti Liberty since before the Civil War.

  15. New York LEO’s make decisions every day which laws they care to uphold…or not…some come into the public’s purview, as this one…some don’t..

  16. Well Barry’s not being shy about ignoring parts of his own law, Obamacare. Turnabout’s fair play. Kinda makes a mockery of that whole law thing, but ends justify the means, right?

  17. The absolute moronic logic of someone like Cuomo. So if you are a law abiding gun owners you are supposed to only keep 7 rounds in your gun. Does a criminal who is about to commit a felony care about that little annoyance? No. They will have 10 or 15 or even 17 rounds in their pistol. So as a law abiding victim, you have to face the hardened criminal with half as many bullets. Now that is just genius.

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