GOA Threatens to Sue Sheriff for Ignoring NYSPRA v. Bruen

Editors Note: Sheriff Giardino says he will abide by the Supreme Court decision, but still believes the lower court still needs to issue a decision.  He noted that he supports the Supreme Court decision. He stated that he is just working out the best procedural method.

Why I Am Suing The Governor of Virginia, iStock-1055138108
As the Supreme Court considers the case challenging New York’s extremist gun permit law, gun control proponents are predicting a downfall of civilization if the court affirms the right to bear arms. iStock-1055138108

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 [email protected]

Letter to Fulton County She… by AmmoLand Shooting Sports News


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.

John Crump

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TexDad

It’s a ruling.

RicktheBear

The MA governor and AG have already stated that they will ignore the ruling. Sigh..

Finnky

Stripping themselves of any personal immunity, opening up their personal fortunes to direct civil lawsuits. Will be nice to see guilty politicians pay the price for their immorality rather than passing cost on to tax payers.

Last edited 1 month ago by Finnky
swmft

they will try, to pass it on but wait till they find out qualified immunity ends when you violate law, bet they are too stupid to realize intentional violation of law removes protection

The Crimson Pirate

Well, I guess this puts to bed that theory about sheriffs as the last bastion of defense of our rights.

JSNMGC

Only the delusional believed that myth.

Red state sheriffs have lobbied against meaningful SAPA legislation.

Red state sheriffs have supported more gun control laws.

Red state sheriffs have initiated and then enforced red flag warrants.

Red state sheriffs have worked with the BATFE to enforce federal gun control laws.

JSNMGC

What is the job of a sheriff? Is part of the job to keep people safe? Safe from whom? Even a red state sheriff did not keep Lora DeWolfe and Darrel Kennemer safe from agents of the federal government:

https://www.freedomsphoenix.com/News/327754-2022-06-26-fbi-raids-home-of-retired-texas-couple-who-attended-jan.htm

JSNMGC
john

Democrats just face the facts the law means nothing to that party there goal to shred the US constitution. Nancy Pelosi goes to the vatican to receive communion that say it all.

JSNMGC

Sheriff Giardino is a Republican.

He is also a lawyer.

He also views himself as pro firearm rights.

http://giardinoforsheriff.flywheelsites.com/faq/

john

Maybe by party affiliation in name only can not be trusted he does not get to decide the law or how to apply it. That’s how the democrats roll “infiltrators”

JSNMGC

Yeah, he’s one of the 90% of elected Republicans who are “RINOs.”

Thanks for explaining it to me.

Last edited 1 month ago by JSNMGC
john

We both believe in the constitution as the law , this sheriff and lawyer should honor that document as should all the elected and appointed.

That is why we are about to go down a whole different rabbit hole filled with treachery in the not so distant future.
Who can you trust ????

JSNMGC

The guy is a Republican and he was elected by the voters of a mostly Republican county.

A large percentage of Republican voters are “RINOs.”

Some support gun control.

Some support the forced redistribution of wealth in its many, many forms.

Some support a massive government with more and more armed government employees.

Some support more government interference in the private sector (price controls, etc.).

Some support more laws restricting the use of private property.

They are all “RINOs.”

Many of them call each other “RINOs.” That’s why the term “RINO” means very little.

swmft

some support re distribution of wealth as long as it is not theirs being redistributed
and rules put on others rights not theirs
the down votes tell you how many % wise the truth makes uncomfortable

Xaun Loc

Technically (LEGALLY!) Sheriff Giardino is correct.

The Supreme Court did not actually rule on the case — the Supreme Court remanded the case back to the lower court for the lower court to decide the case based on the instructions provided by the Supreme Court.

This is exactly the normal procedure for the Supreme Court of the United States.

john

Agreed

This will return to the supreme court in the future the Sheriff in my opinion is playing for the other team. NY has strange bedfellows in all law enforcement departments no matter what branch. A NYS Democratic elected municipality or state government would not support a republican sheriff on any level in NYS.

JSNMGC

Fulton County voted 64.8% for Trump in 2020:

https://www.politico.com/2020-election/results/new-york/

nrringlee

Meet the new Jim Crow. Progressives will find administrative ways to render void the rights granted to us by our Creator and confirmed and validated by our courts. Progressives use the courts to advance their anti-liberty agenda. When the courts are no longer a useful tool to advance that agenda they look elsewhere and ignore the courts.Get ready for loads of litigation.

Tionico

or more serious activity……………. push some folks long enogh and hard enough they say ENOUGH and take matters into their own hands.
Wonder how many folks up there in Fulton County now where this guy lives.

Norm

The Sherrif is on iffy ground. Technically, Bruen only affects the issue of permits. It doesn’t affect permits already in effect. Individuals wanting to upgrade permits from restricted to unrestricted would need to reapply for that to happen.
I’m lucky enough to live in Herkimer County, NY. The judge here only issues unrestricted permits. Beat the rest of the state to it.

JSNMGC

Herkimer permission process:

https://www.herkimercounty.org/download/document.php?docid=2655

If you feel fortunate, that’s what matters. We would be marching in the streets if some totalitarian politicians and enforcers tried to implement what you have.

Sisu

, Herkimer County is more burdensome and arbitrary than other counties (I would argue even Nassau’s). … Yet, I understood that the SAFE Act vesting licensing overview in the NY State Police was to standardize the form of application and license itself. Where is the authority for references or “training certificates” in NY Code ?

Separately, the “down votes” you are receiving must be from “trolls”. Seems it’s a badge of honor and respect the more you can acquire. (Unless your Harold, then the editors should act.)

JSNMGC

Thanks for the info.

I don’t believe the downvotes are from trolls – they are various types of statists.

Russn8r

Statist and Troll. Not mutually exclusive

JSNMGC

Not mutually exclusive, but I suspect these accounts are garden variety statists. They don’t know how to troll or what it even means.

Russn8r

Maybe garden variety statists, but they have a yuge troll hallmark: Following your account and running sock pups. No other way to get 5 downvotes in a few seconds.

JSNMGC

That’s true.

I suspect the behavior is driven by hurt feelings.

Some of them would like to see a Starship Troopers form of government and they don’t like opposing views.

Some of them don’t like comments about the many bad apples.

Some support socialist policies and get offended when that’s pointed out.

Russn8r

Crybabies, too cowardly & stupid to address the issue they’re butt-hurt over. However, could be 1 or 2 douchebags times X sock accounts.

JSNMGC

Yes – accounts.

Politics has many sides – some people on the “right” are just as totalitarian as people on the “left.”

Russn8r

Starship Troopers gvt so only those who “serve” can vote. Like Gore, Kerry, Bush, Crenshaw, Mattis, Kelly, Milley, Horiuchi…

Last edited 1 month ago by Russn8r
Russn8r

Glow Job’s got a sweet tooth tonight! LOL

OVER THE TARGET

Tionico

Not quite. this nes decision simply declares that the RIGHT to keep and bear cannot be restricted by governments. If the Mother Pay I Card a guy has says right on it “restricted” then it HAS been restricted. They are playing little kid word games, and will lose. Eventually.

Any bets as to whether these rogue sheriffs will survive reelection? For that matter, survive a recall election that is sure to come if they continue to demand they hold the marbles.

gregs

should be serious repercussions for not following the law, especially for leo’s who abuse their authority.

Patriot Solutions

Cabalarado has no shortage of them even in 2A sanctuary counties as I have stated for years now.

Even in republican stronghold counties here republicans in gov have plenty of globalist libtardation that they push.

Still haven’t heard President Trump of the newly formed republic since he abolished the UNITED STATES Corporation endorse any candidates other than Boebert in Cabalarado and I’m not wondering why.

https://coloradosun.com/2022/06/28/red-flag-orders-constitutional-sheriffs-colorado/

Last edited 1 month ago by Patriot Solutions
JSNMGC

The Constitutional Sheriffs organization is a scam. 

Dolores County Sheriff Don Wilson (just like the tyrant, Grady Judd, in Florida) initiates red flag claims, then gets a judge to sign off on them and then he can stomp on anyone’s rights. If the facts in the case are as he indicated (keeping in mind that enforcers lie), there were other laws that were violated that could have been used to arrest the defendant.

“My courthouse” – what a tool.

Arny

Don’t ya know they just can’t help themselves.? Their LEOs. lol

musicman44mag

No surprise when the governor says she will not comply and defies the law. Typical demonratt. Supports the ones she wants and refuses all others. I bet her and Kate shit stain brown are buddies.

OreGONEISTAN

james

Would be great if SCOTUS sends US Marshall’s to put her in custody for Contempt of Court.

Duane

It is starting expect more law suits.

Not until some are found to have violated rights and it cost them money well they cave.

swmft

when they pay out of their own pocket it changes their mind