Sheriff, Cuomo at odds over SAFE Act

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BUFFALO, N.Y. (WIVB) - Erie County Sheriff Timothy Howard has vowed from the beginning not to enforce the NY SAFE Act, putting him directly at odds with Governor Andrew Cuomo.

"It's an unenforceable law. I believe it will ultimately be declared to be unconstitutional," Sheriff Howard said.

Erie County's top lawman says it would be a waste of resources for his deputies to enforce the SAFE Act.

"Do you want law enforcement people that will say, 'I will do this because I'm told to do it, even though I know it's wrong?'" he questioned.

Governor Cuomo met members of the New York State Sheriff's Association last month and reportedly told them to keep their opinions to themselves. However, the governor's office denies reports that he threatened to use his executive power to remove sheriffs who might openly defy the law.

"The sheriffs had concerns. They had suggestions for modifications to the SAFE Act, so we met to talk to them about their ideas for modifications to the SAFE Act," Cuomo said.

Sheriff Howard is one of four sheriffs in the state participating in a lawsuit challenging the SAFE Act.

State Assemblyman Sean Ryan says working to change or revoke the law is one thing, refusing to enforce it, is another.

"I would like to ask the sheriff for some evidence that he is in fact refusing to follow the law," Ryan said. "Are there court orders issued pursuant to the SAFE Act, that he's refusing to follow?"

Sheriff Howard says he will not defy any court order relating to gun confiscation, but he added existing laws already protected society.

"Where there are firearms involved, whether it's mental health, whether it's a neighborhood dispute, whether it's a barricaded individual, whatever it is, we routinely secure the firearms that we encounter in those homes," Sheriff Howard argued.

He says most of the people arrested on gun charges are in their early 20s and have prior felony weapons convictions. He says that part of the system needs to improve.

Published : Thursday, 23 May 2013, 6:10 PM EDT

Rich Newberg
Posted by: Eli George
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