JOHNSTOWN, NEW YORK -(Ammoland.com)- The Fulton County Sheriff’s Office in New York is defying the U.S. Supreme Court opinion in the New York State Pistol Rifle Association v. Bruen, leading Gun Owners of America (GOA) to threaten to sue Fulton County, Sheriff Richard C. Giardino.
On Friday, June 24, the Sheriff’s Office made a Facebook post saying that the Supreme Court opinion isn’t in effect until the lower circuit court issues a decision based on the SCOTUS opinion or remands it back to the District Court to issue a ruling. The Sherriff said until that happens, nothing with the permitting system will change, meaning that they will use the “proper cause” provision of the now unconstitutional law.
The issue GOA has with the Office’s decision to keep enforcing the old Sullivan law is that SCOTUS found the law unconstitutional, meaning that it is struck down immediately. All courts and states are bound to follow the Supreme Court’s guidance. Law enforcement swears an oath to uphold the Constitution, which means not enforcing unconstitutional laws. The New York State law was found to be unconstitutional.
Even anti-gun states such as New Jersey and California have realized they have a duty not to enforce unconstitutional laws. Both states have dropped their “good cause” provision of their concealed carry laws. Fulton County is in upstate New York and is typically more gun-friendly than the area surrounding New York City, which makes the move by the Sheriff’s Office even more puzzling.
In the letter, GOA’s attorney, Stephen Stamboulieh, highlights that SCOTUS determined the “proper cause” requirement in a 6-3 decision to violate the Fourteenth Amendment to the United States Constitution. Mr. Stamboulieh highlights the error in the Office’s thinking. He emphasizes that the Office’s Facebook post says that the SCOTUS “[d]ecision can’t take effect until the Circuit Court rewrites their decision” is legally wrong.
Mr. Stamboulieh states that what the Sheriff said is not the law. He further states that “Supreme Court opinions bind all lower courts immediately, and there is no secondary requirement for the Second Circuit to ‘rewrite their decision.’” AmmoLand News followed up with another attorney that specializes in Constitutional law, and that lawyer agrees with Stamboulieh’s interpretation.
Mr. Stamboulieh warns Fulton County Sheriff Giardino that he can lose qualified immunity if sued over the issue. If a law enforcement officer violates a Constitutional right that is “clearly established,” that officer loses qualified immunity. The loss of qualified immunity opens that officer up to monetary damages if a judge rules against them. With the Bruen decision, the right to carry a firearm outside the home for self-defense is “clearly established.”
After GOA faxed their demand letter, The Fulton County Sheriff’s Office made an updated Facebook post. In the post, the Sheriff’s Office told members of the community to go to the judge that issued their restricted permit and ask to have it amended to unrestricted carry, citing the SCOTUS decision. The poster also linked to a News Day article claiming a deal on concealed carry permits in New York is close. When AmmoLand News asked an attorney if that is enough to comply with the SCOTUS opinion, the answer was a resounding “no.” He does not think that will cause GOA to back off the threat of a Lawsuit. GOA has given the Sheriff five days to comply with the demand before the gun-rights group files suit.
AmmoLand News reached out to Sheriff Giardino for comment, but our calls were not returned. If your local issuing agency is not following the law, please let us know at bstips@protonmail.com.
About John Crump
John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.
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