by Alan Bedenko (@BuffaloPundit) - posted 7:30 am, July 26, 2013
Has anyone else managed to wrap their head around the fact that Erie County Sheriff Tim Howard isn’t just opposed to the NY SAFE Act, but has pledged to not honor or enforce it in any way? The power of the sheriff is not law selection – to pick and choose which laws to enforce – it is, instead, law enforcement.
It’s altogether possible that Howard has some sort of problem with the way NY SAFE and many other laws are passed or written. If he doesn’t like it, he should run for – and win – a seat on the Assembly or in the Senate.
It’s also possible that Howard thinks that the NY SAFE Act is unconstitutional or that it was hastily passed. To that end, he should have attended law school and then run for – and won – a judicial seat. Be a named plaintiff in the suit to strike it down. Be lead counsel on the case. But that’s not all – to have a real effect he should have so excelled as a jurist that the governor would appoint him to the Court of Appeals, where the penultimate say would be had on the constitutionality question. Better still, make your way right onto the United States Supreme Court, which has the power of judicial review and to declare what the law is. It is the courts that determine the constitutionality of statutes that legislatures pass – not county sheriffs.
Instead, we have a county sheriff who has donned the mantle of legislator, governor, and Supreme Court Justice. He has unilaterally and extralegally decided that he will not enforce a duly passed law with which he doesn’t agree. This is, frankly, astonishing.
Here’s what Howard says about the state’s new, more restrictive law regarding assault weapons:
January 31, 2013 – Our state already had some of the toughest gun laws in the nation and with the stroke of a pen our State Legislature and Governor made them even more restrictive last month, all in the name of making us safer. I don’t believe for one minute that Governor Cuomo did this to protect us; rather he rammed this bill through for his own personal agenda, so he could be the first out of the gate to thump his chest and say how restrictive gun laws are in New York , thus beating President Obama to the punch.
It is no secret Andrew Cuomo wants to be a presidential candidate in 2016. He took a very emotional event in our nation (the massacre at Sandy Hook Elementary School in Connecticut) and the unrelated murders of two first responders in Webster, NY and wrapped his constricting gun legislation around them like a bow, hand delivering it to the NYS legislature in a sweeping package that, in my opinion, infringes on every American’s constitutional right to bear arms.
We as citizens never even had an opportunity to respond to the proposed bill with our input; even law enforcement wasn’t consulted on this. In my opinion, this new law is proof of what gun rights people have been saying all along – that registration is a precursor to confiscation. We have landed on a slippery slope allowing the government to start tinkering with our second amendment rights – what comes next?
Well, why bother enforcing even the prior, “toughest gun laws”? Can you believe a local sheriff impugns the motives of the governor and the entire legislature in passing a law in the wake of the tragic massacre of 20 1st graders? Can you believe the way that statement sounds identical to the morningtime rantings of some high school dropout, shut-in, underemployed radio talk-show caller? And what especial knowledge or right does Howard possess to determine that the SAFE Act is violative of the Constitution? That’s a job for the courts, not law enforcement. Instead, Howard has appropriated for himself the unheard-of power of law selection. That’s the only real assault on the Constitution in this case – Howard’s self-appointment to be a co-Governor and court.
“We as citizens” have an opportunity to respond to the proposed bill with this input: don’t vote to re-elect the people who passed it. That’s what you can do. You can protest, you can complain, you can write, you can petition, you can call your legislators, etc. What Howard has done here – making believe that “registration is a precursor to confiscation” – is beyond an outrage. It should be, frankly, grounds for removal.
Gun registration is not a precursor to confiscation any more than car registration is a precursor to car confiscation.
And Howard’s position isn’t the analogue to some brave Nazi soldier refusing to obey an illegal order. (That analogy has actually been made). No one asked Howard to round up and commit mass-murder of Jews, gays, gypsies, or other groups of people, and making that comparison demeans and cheapens the memories of the millions of victims of the Nazi horror.
Although stylistically different, Howard’s refusal to enforce the laws of this state is no different from what Gilbert, Pennsylvania police chief Mark Kessler is busy doing on YouTube: calling out “libtards” and shooting automatic weapons into trees and mounds of dirt.
Sheriff Tim Howard, who is running for re-election this year, can talk about confiscatory slippery slopes all he wants, but make no mistake that this is precisely what’s going through his head. (Language NSFW)
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