Robert Milby, Wayne County’s new sheriff, has been in law enforcement most of his adult life, earning praise and promotions for conscientious service. But recently, Sheriff Milby has attracted attention for a different approach to the law: ignoring it.
Sheriff Milby is among at least a half-dozen sheriffs in upstate New York who have said they have no intention of aggressively enforcing gun regulations that state lawmakers passed last summer, forbidding concealed weapons in so-called sensitive areas — a long list of public spaces including, but not limited to, government buildings and religious centers, health facilities and homeless shelters, schools and subways, stadiums and state parks, and, of course, Times Square.
“It’s basically everywhere,” said Sheriff Milby, in a recent interview in his office in Wayne County, east of Rochester. “If anyone thinks we’re going to go out and take a proactive stance against this, that’s not going to happen.” …
“I have to enforce it because I swore to uphold the laws, but I can use as much discretion as I want,” said Richard C. Giardino, the Republican sheriff in Fulton County, northwest of Albany. “If someone intentionally flouts the law, then they’re going to be handled one way. But if someone was unaware that the rules have changed, then we’re not going to charge someone with a felony because they went into their barbershop with their carry concealed.”
Such criticism has been heard from Greene County, in the Hudson Valley, to Erie County, home to Buffalo, the state’s second-largest city, as well as from groups like the New York State Sheriffs’ Association, which called the new law a “thoughtless, reactionary action” that aims to “restrain and punish law-abiding citizens.”
“We will take the complaint, but it will go to the bottom of my stack,” said Mike Filicetti, the Niagara County sheriff, who appends a Ronald Reagan quote to his emails. “There will be no arrests made without my authorization and it’s a very, very low priority for me.”
— Jesse McKinley and
He didn’t say there would be zero enforcement. He said there would be selective enforcement. Huge difference.
Good post gunnygene. This separates the Sheriffs bullshit and what he is really going to do, especially if he wants to keep his job.
sheriff is voted in by the citizens, government officials at state level and governor have zero say or authority over them.
so gov whocares and Albany can go screw.
Not exactly correct.
There are some states where a sheriff can be removed by a governor’s order but that also involves the sheriff being under investigation for a criminal offense or malfeasance or incompetence in office.
Also Sheriffs can be sued in civil court if their inaction to enforce a law results in injury or death to someone and failure to enforce gun laws could easily result in that happening.
lol so you want to see the NY Attorneys office humiliate themselves again?
So you know where your antifa Stosstruppe should not have a “mostly peaceful protest”. It would be embarrassing for many of you fine upstanding people to be arrested for being “felons in possession”. But Uncle George can deal with the legal issues.
lol
exactly. lick my boot. not plural.
This “new” concealed carry law is blatantly UNCONSTITUTIONAL!
Yup but need to push it through the courts first so it no longer has the power to bankrupt normal people.
You bring up a very real possibility. It is a shame that lawmakers can enact clearly unconstitutional laws with no consequence. Yet if the average citizen is prosecuted for violating the bad law, they will spend an enormous amount of money defending themself. Very few of us have the resources to take appeals through the court system to get unconstitutional laws overturned. The worst thing that can happen to Gov. Hochul and her ilk is to not get re-elected.
It’s why I tend to support NYSRPA’s approach of finding a very good plaintiff and taking a deliberate and well funded push to go against the laws we have. Unfortunately we have so many to go against now that some level of legal mud flinging is going to happen regardless and many citizens need to make hard choices re personal protection.
I still don’t get what a lot of you still don’t get yet about filing lawsuits to ‘get back’ the Constitutional Law of The Land guaranteed rights you already have even after they have already been thoroughly challenged for SCOTUS to re-establish and confirm and affirm that confirmation in case law decisions several times in the past?
That won’t make them stop the now screamingly obvious reality that the corrupted Marxist political power elements will Never comply with a Supreme Court they Despise! No Bruen or anything else will ever stop them.
Because even though it is also a serious federal felony to violate your Constitutional rights in any way including under color of law, which also makes the law automatically null and void by some decisions, Commie deep state Marxists Own the Justice Dept which will never prosecute these in progress and continuing crimes! Never, as no matter what the outcome of a stupid fucking lawsuit.
As in the case of New York, they could care less about Bruen. They just worked around it. (and they haven’t even whispered yet about their next ‘way around it’ that would kill all CC.) It’s done Illegally, of course, according to USC 18 241-242, but Who is going to force them not to keep breaking the law when THEY ARE the LAW ENFORCEMENT! The Federal Prosecutor is more interested in bringing charges against Trump than your Constitutional 2nd/A rights? They have a long time well planned Confiscation plan to disarm you. And they will certainly-bet your life on it- git ‘er done. As long as they run the G.
Didn’t the Court just rule that serializing guns for Government information is Unconstitutional? Working the elections hard now, I don’t have time at the moment to follow up on the news or to peruse the case decision, and the media literally blew it off their radar, but is that going to stop them from making laws prohibiting Ghost guns or unserialized 80% receivers? Nope. Excuse, me. I mean FUCK NO!
They want you to do laws suits instead of getting out the electoral votes because that’s the only way they know they can be beaten. And that is the only way we can get the enforcement of 18-241-242 to stop dead in its tracks all future gun control. And some perp-walk payback for all the hardship they caused Free American People for political weaponizing, obstruction of justice, and corruptive manipulation of our Criminal Justice and Law Enforcement system.
Allow me to reiterate for those with cognitive decompression issues more succinctly with the Holiest of blessings that once, and for all, y’all can find some part of this that you can get…
No Fucking 2nd/A liberties will ever be allowed until we take back the government, dismantle the current Federal justice Department and bring it back to Constitutional Egalitarian function.
Instead of lawsuits, time and effort better spent would be volunteering to convince a Millenial to vote for Liberty–70% are expected to vote ‘Liberal Socialist’– or at least volunteer to be a poll watcher. We need a lot of those. Just because they know that we know they cheat, doesn’t mean they won’t keep trying to do it.
1
I’ve been too busy lately working the election to follow through on all the latest news developments but didn’t a Court just rule that
Honestly it’s less about getting the rights back and more about exposing them for exactly what they are and making their desires so toxic politically that they will either back off of it or fall on their face where they have a chance of success. If that works then we can realistically try to reestablish rights we already had if not ………..well sucks to be everyone. With that said it’s doing way more than you see.
Agreed
concealed means just that. Don’t be a jerk.. Go about your business. Use it if you must. That worked for me for a long time before we had carry permits. Now we have permitless carry and to me it’s same as it ever was.
I understand they have to enforce the laws on the books but they are also sworn to defend the constitution.
When the constitution and the law are in conflict, the law is wrong and should be ignored.
^^^ What Ed said ^^^
Police can and do, ignore any law, at any time, under any convenient excuse. ALL THE TIME. Major part of their “power” – arbitrary, capricious, abusive.
Jury nullification known in NY state??
Legislators and Governors also swear to honor the constitution, but do they? What’s good for the goose is good for the gander.
At least he’s making an effort to protect the law-abiding sanity of his jurisdiction with the classic use of officer discretion. I don’t know much about NY laws but usually a sheriff is quite a powerful position with them being the office that has the final decision over who goes to jail and who doesn’t. I wish him Godspeed and the very best of luck.
Hochul just has the look on her face of of woman who has never experienced a ‘Sweet Release’ ™…
Hehehe! :0)
Nah, Geoff,
She, just like all Leftist/fascist women, get off every time another Leftist/fascist shitstain gets elected, so they can slop at the public trough. It’s their only source of satisfaction. Ask Unelected Governor Ho-chul who her next good buddy to get a $700 million “no-bid” government payday will be.
Well the last one employs her husband and won against the lower competing bid from the Seneca Nation’s tribe……so BIPOC only means anything when it knows it’s place I guess.
Is that now trademarked? 😉
*Anyone* is welcome to use any of my ™.
I ripped “Sweet Release’ off from Conan O’Brian, anyways… 🙂
Update :
Kinda hard to trademark the big “O”, anyways… 🙂
“If someone intentionally flouts the law, then they’re going to be handled one way. But if someone was unaware that the rules have changed, then we’re not going to charge someone with a felony because they went into their barbershop with their carry concealed.”
Sorry, but this is not good enough. Unconstitutional laws – this law especially – deserve to be flouted and ignored. He should be giving “upstanding citizen” awards to people who deliberately violate the CCIA, and he should do it publicly and loudly to make sure the Wicked Witch of the North and her ilk get the message.
+1
Likely she couldn’t find it on the map of NY. It’s “flyover country”
“I have to enforce it because I swore to uphold the laws, but I can use as much discretion as I want,” said Richard C. Giardino, the Republican sheriff in Fulton County …
Dear Sheriff Giardino,
You also swore to uphold the United States Constitution which includes the Second Amendment–and in June of this year (2022) the United States Supreme Court spelled out in very stark and clear terms what the Second Amendment means outside the home. Thus it is absolutely crystal clear that carrying a firearm for righteous self-defense outside the home is most certainly NOT a crime, regardless of pronouncements to the contrary from the New York state legislature.
With the above facts in plain view, YOU would be committing a crime if you or your subordinates (deputies) arrested a concealed carrier (who was carrying for righteous self-defense) and provided “evidence” for their prosecution.
Furthermore, THE preeminent task and duty of your office is to punish evil-doers and advance justice in your community, state, and nation. Jamming up good people who carry concealed firearms for righteous self-defense outside the home violates that PREEMINENT task and duty.
ILLANNOY was compelled with kicking & whining(and court wins) to have real CCL. This unelected critter needs to be slapped silly-er!
Someone who carries in violation of New York’s restrictions, absurd as they are, is dependent on the sheriff’s discretion not to arrest. He’s still legally vulnerable which is not a good position to be in. Even if the sheriff gives him a pass, there is no guarantee the state police or local police in hostile cities won’t. Consider the number of cities that pass unconstitutional gun control laws. NY’s law is a gift to them.
For now yes, first major hearing after the TRO drama is sometime next week. I fully expect the law to be largely ruled against and an immediate appeal seeking a stay on the ruling pending 2nd circuit review. So for now can legally carry on some streets and a surprising number of businesses west of Utica. Need to get some updates on the other dozen or so various challenges but it’s been a busy month.
Technically, with your upstate permit, could you carry in NYC right now?
In the same way I could carry without a permit at all yes. Would need to review what happened in the time between Bruin and Hochul’s new groove but I don’t think we ever had the permit allowing NYS to NYC.
Don’t know.
No. It says so right on my permit , not valid in NYC .
“…but I don’t think we ever had the permit allowing NYS to NYC.”
What?
Wait, NYC is still going to require a New York City-specific permit, not a state-wide one? Your upstate permit will be no good?
Well………….yes cant have us uncivilized rock people carrying in the urban mecca of culture and finance. Geoff we have much to untangle up here and while a lot of criticisms of any victory being ineffective do hold some water we are in a much better position to actually do anything now than in over a century. Hence the immediate and wild freakout by governor + legislature and increased push for similar nonsense everywhere they can. The fight only just started with Bruin being us getting back up to start swinging with us taking it on the chin for most of the time prior.
Kind of late to the game to be worrying about the law considering the way Democrats have handled immigration and drugs the last decade or two, isn’t it?
We had a State Fair in Jackson, MS a few days ago. Metal detectors were set up at the entrances. Several thousand people carried their gun (most concealed, but a few not) to the Fair. The only thing the police at the entrances wanted to see was if it was in a holster or not. If it was they wished you a good day and have fun. Nobody was busted, and there were no incidents during the Fair. Everyone had a great time, including the police.
If you haven’t guessed by now, MS is a permitless carry State, and we take it seriously. 🙂
Stand strong and do not back down!
Hard to have respect for the law when politicians pull this kind of shit.
sheriff, you swore to uphold the Supreme law of the land, which is superior to anti-liberty bigotry codified into law, whether 1 year or 100 years old.
Just because one cop won’t enforce a bad law doesn’t mean his replacement won’t.
Ignoring an unconstitutional law isn’t enough. It needs to be repealed or struck down by the courts. Nothing less will do.
“Ignoring an unconstitutional law isn’t enough. It needs to be repealed or struck down by the courts. Nothing less will do.”
Damn straight. Force it down their fvcking throats and make them swallow it… 🙁
Either these SHERIFFS are breaking the law or they are not. If they are then they should be put brought to task . NOBODY, BUT NOBODY is above the law and the question of whether you happen to like it [or not] is uttely irrelevant.
Doe bbeing a sheriff meanthatv you can instruct one of your Officers NOT to arrest somebody who has broken the laws or, on the other hand NOT to arrest somebody who HAS broken the law? Surely a Police Officer’s job is to uphold the law and NOT to pass judgement – that’s the job of JUDGE and JURY and you can only carry discression so far before brining the law into disrepute
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