Announcement

Collapse
No announcement yet.

What if they passed a law, and the police refused to enforce it?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • What if they passed a law, and the police refused to enforce it?

    In the case if the New York gun owners recertification law I’d say,
    Bravo!

    On Feb. 1, it appears there will be tens of thousands of handgun owners in the region who will have violated a state law that required them to “recertify” their pistol permits.

    A requirement of the 2012 SAFE Act gun law changes was that those who got their pistol permits before Jan. 15, 2013 recertify them by Jan. 31, 2018, and then do so every five years after that. The recertification process is free and requires gun owners to confirm pedigree information and details of the handguns they have, and it can be done online or by U.S. mail service.

    State law makes those who don’t recertifiy guilty of a misdemeanor, but local sheriffs — whose agencies in most counties do background checks and other administration of pistol permits — say they will not be sending officers out to try to figure out who recertified and who didn’t.
    Washington County Sheriff Jeff Murphy said it appears many handgun owners are either waiting until the last minute or don’t plan to abide by the controversial requirement.

    “Our office is not going to go look for people,” he said. “If the governor’s office wants to enforce it, they are going to have to turn it over to the State Police.”

    A spokesman for the State Police, though, said this week that the agency doesn’t plan to send officers out to check on the permit holders who haven’t recertified, however.

    Warren County Sheriff Bud York also said he has no intention to direct his staff to actively enforce this state-ordered requirement, as it would take a lot of manpower to track them down.

    Saratoga County Sheriff Michael Zurlo said his office not only doesn’t have manpower to go to the homes of permit holders, but also doesn’t have anywhere to keep the guns that could be confiscated.

    Locally and across the state, counties are seeing an average of 25 percent to 33 percent response among permit holders.

    Warren County Clerk Pam Vogel said 2,710 permit holders in Warren County had recertified as of Jan. 10, about 30 percent of the 7,000 or so who are required to, though she said there were likely some who mailed forms to the state that hadn’t been accounted for yet.

    In Saratoga County, Zurlo said the number who had complied was 6,000 or so as of the end of this week.

    “We have 16,000 or 17,000 that are still outstanding,” Zurlo said.

    That is out of a total of 23,000 or so permits issued in the county, he added.

    Murphy said he has told handgun owners who have asked him about recertification that he recommends that they do it.

    Now, not all of the permit holders who haven’t recertified are likely law breakers.

    Some of the permit holders may have died, may be in nursing homes or in other situations where they don’t know about or are unable to go through the recertification process.
    With county clerk’s offices handling pistol permits in most counties, the New York State Association of County Clerks sent a letter to state officials late last month seeking guidance from the state as to issues such as enforcement of those who didn’t recertify.

    Murphy said the recertification process has created a lot of confusion and work that wasn’t needed.

    “There is already a good system in place. Why add a layer of redundancy?” Murphy asked.

    State Police spokesman Beau Duffy said 250,279 permit holders had recertified as of Thursday afternoon. He said State Police were not releasing how many permits there are statewide, as it can’t vouch for the accuracy of the figure.

    He said those who don’t recertify as of Jan. 31 can still do so after.

    “We are continuing to accept recertifications after the deadline,” he said.

    Duffy said there was no plan to send out officers to seek out the permit holders who didn’t recertify.

    Those who “unknowingly” failed to certify won’t be prosecuted, but those who knew they should have gone through the process but didn’t “could be handled differently,” he explained.

    Recertification forms and information can be found at troopers.ny.gov/Firearms/.
    Dispite our best intentions, the system is dysfunctional that intelligence failure is guaranteed.
    Russ Travers, CIA analyst, 2001

  • #2
    Cops really don't like making good citizens into criminals. Good on the Sheriffs for telling the governor he can enforce this unfunded mandate himself.
    Tacitos, Satrap of Kyrene

    Comment


    • #3
      Originally posted by TacCovert4 View Post
      Cops really don't like making good citizens into criminals. Good on the Sheriffs for telling the governor he can enforce this unfunded mandate himself.
      Indeed, the only people who are effected by the requirements are those who have proven they are no threat to anyone.
      Drug dealers and gang members are never going to give up theirs, why would our law makers want to make us give up our only insurance?
      Thank God for good cops!
      Dispite our best intentions, the system is dysfunctional that intelligence failure is guaranteed.
      Russ Travers, CIA analyst, 2001

      Comment


      • #4
        If like in Arizona, sheriffs in New York are elected to office, they're not about to totally p!$$ off people who would otherwise likely be reelecting them.

        Comment


        • #5
          Texas requires re-certification of their concealed carry licenses, but there's no criminal penalty attached; the expiration of the CHL, like the expiration of your DL, simply removes your legal protection from existing statutes (unlawfully carrying a weapon).

          The police cannot refuse to enforce a law, but administrators can, as in this case, refuse to devote specific manpower to tracking down people who have failed to comply.

          An outright refusal to enforce a law would be an extremely serious situation, because it would mean a complete break with the very statutes which give the police their authority in the first place. It also would bring up the question of what other laws that agency declines to enforce, in part or entirely.
          Any man can hold his place when the bands play and women throw flowers; it is when the enemy presses close and metal shears through the ranks that one can acertain which are soldiers, and which are not.

          Comment


          • #6
            New York has other laws on the books that make no sense and are never enforced. For example, adultary is a Class B misdemeanor. I think there have been a total of 13 people charged in the last 40 years. Most of those cases had some other criminal element to them, such as public indecency.

            Comment


            • #7
              Originally posted by Arnold J Rimmer View Post
              Texas requires re-certification of their concealed carry licenses, but there's no criminal penalty attached; the expiration of the CHL, like the expiration of your DL, simply removes your legal protection from existing statutes (unlawfully carrying a weapon).

              The police cannot refuse to enforce a law, but administrators can, as in this case, refuse to devote specific manpower to tracking down people who have failed to comply.

              An outright refusal to enforce a law would be an extremely serious situation, because it would mean a complete break with the very statutes which give the police their authority in the first place. It also would bring up the question of what other laws that agency declines to enforce, in part or entirely.
              These are not permits to conceal and carry, these are permits to own. If the law has questionable constitutional grounds should LEOs enforce it?
              Dispite our best intentions, the system is dysfunctional that intelligence failure is guaranteed.
              Russ Travers, CIA analyst, 2001

              Comment


              • #8
                Originally posted by Urban hermit View Post
                In the case if the New York gun owners recertification law I’d say,
                Bravo!


                Don't worry about your government seizing "illegal weapons". They are not "illegal" at all, but merely "undocumented" and you can designate your house as a "sanctuary"!
                Quis Custodiet Ipsos Custodes? Who is watching the watchers?

                Comment


                • #9
                  Classic failure of the first law of rule or law making

                  best example of that rule Prohibition

                  Comment


                  • #10
                    Originally posted by Urban hermit View Post
                    These are not permits to conceal and carry, these are permits to own. If the law has questionable constitutional grounds should LEOs enforce it?
                    No. We're not lawyers.

                    It is up to judges to make that call.

                    There is officer discretion, but flatly refusing to enforce a given statute is an very very slippery slope.

                    It's the sort of thing liberals do with the sanctuary cities.
                    Any man can hold his place when the bands play and women throw flowers; it is when the enemy presses close and metal shears through the ranks that one can acertain which are soldiers, and which are not.

                    Comment


                    • #11
                      Originally posted by Arnold J Rimmer View Post
                      No. We're not lawyers.

                      It is up to judges to make that call.

                      There is officer discretion, but flatly refusing to enforce a given statute is an very very slippery slope.

                      It's the sort of thing liberals do with the sanctuary cities.
                      oh it happens all the time

                      I fairly sure you got some law that not enforced on the books anymore ie spitting on sidewalk or some of those old puritan laws

                      Its always about time and money

                      Comment


                      • #12
                        Originally posted by craven View Post
                        oh it happens all the time

                        I fairly sure you got some law that not enforced on the books anymore ie spitting on sidewalk or some of those old puritan laws

                        Its always about time and money
                        Not really. I'm not sure what you're referring to, but the Texas code is reviewed every two years.

                        I've never seen a case with PC blown off. You don't always make a warrentless arrest, but that doesn't mean you're not enforcing it.

                        And judging by the number of arrests NYPD makes for selling loose cigarettes, I would say it's less often than you would think.

                        Now the Motor Vehicle Code does address selectivbe enforcement due to the nature of the environment.
                        Any man can hold his place when the bands play and women throw flowers; it is when the enemy presses close and metal shears through the ranks that one can acertain which are soldiers, and which are not.

                        Comment


                        • #13
                          When Bloomberg decreed tobacco banned in public parks, the NYPD announced flatly that they would not enforce it.
                          I was married for two ******* years! Hell would be like Club Med! - Sam Kinison

                          Comment


                          • #14
                            Originally posted by Arnold J Rimmer View Post
                            Not really. I'm not sure what you're referring to, but the Texas code is reviewed every two years.

                            I've never seen a case with PC blown off. You don't always make a warrentless arrest, but that doesn't mean you're not enforcing it.

                            And judging by the number of arrests NYPD makes for selling loose cigarettes, I would say it's less often than you would think.

                            Now the Motor Vehicle Code does address selectivbe enforcement due to the nature of the environment.
                            typically there one or two laws on the books that was passed back in the day

                            one that usually found is sodomy spitting on side walks is another typical one ie something that was once was an issue but times have changed.

                            Comment


                            • #15
                              Originally posted by Arnold J Rimmer View Post
                              No. We're not lawyers.

                              It is up to judges to make that call.

                              There is officer discretion, but flatly refusing to enforce a given statute is an very very slippery slope.

                              It's the sort of thing liberals do with the sanctuary cities.
                              Point taken,
                              Dispite our best intentions, the system is dysfunctional that intelligence failure is guaranteed.
                              Russ Travers, CIA analyst, 2001

                              Comment

                              Latest Topics

                              Collapse

                              Working...
                              X