New York authorities are struggling to implement its new gun laws as sheriffs in the state are refusing to enforce the measure, calling it "limiting."
Wayne County's new sheriff, Robert Milby, who has been in law enforcement for the majority of his adult life, has earned praise and promotions for conscientious service. Recently, however, he has gained attention for a different approach to the law; not following it.
New York's Gun Laws
Milby is among at least half a dozen sheriffs in upstate New York who have expressed that they have no intention of aggressively enforcing gun regulations that state lawmakers passed last summer. The measure forbids concealed weapons in what is considered sensitive areas.
These areas include 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 parts, and, of course, Times Square.
Milby said during a recent interview in his office in Wayne County, said that it was "basically everywhere." He noted that people would be mistaken if they thought that they would go out and take a proactive stance against it, as per the New York Times.
The situation comes as a U.S. District Court judge on Thursday blocked large portions of the law, which dealt a major blow to lawmakers in Albany. The latter sought to blaze a trail for other states after the Supreme Court struck down a century-old New York law in June that had strictly limited the carrying of weapons in public.
Now, between the court challenge and the hostility that many law enforcement officers are showing, New York's ambitious effort could be threatened. Glenn T. Suddaby agreed to a three-day delay of his order to allow an emergency appeal to a higher federal court.
According to CNN, Suddaby noted that the state has further reduced a first-class constitutional right to bear arms in public for self-defense into a mere "request." He added that several provisions of the law had no historical justification, which is a controversial requirement that was put forward by the high court last spring.
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Concealed Firearms
At the time, Justice Clarence Thomas, who wrote for a 6-3 court, said that a state had to be able to justify regulation by demonstrating that the law is "consistent with this Nation's historical tradition of firearm regulation."
Suddaby cited, in regards to Times Square, the Supreme Court decision and said that it could be argued that historical statutes that banned the carrying of guns in "fairs or markets" are analogous to the current law. However, he said that he had only found two of such laws.
The judge previously blocked the provisions of the law that outlined new requirements for background checks for gun permits, including the disclosure of all of an applicant's social media accounts. Furthermore, he blocked the bans on guns in some public and private properties.
Suddaby's decision on Thursday granted a temporary restraining order against six provisions listed in the law. The judge took issue with New York's new background check requirements. Four out of the six provisions that were struck down were related to tough requirements for an application or renewal of a license for concealed carry, Syracuse reported.