Buffalo, NY – Erie County Sheriff Tim Howard insists that he will not follow a new state law requiring confiscation of prohibited AR-15-style magazines and weapons.
Governor Andrew Cuomo told Sheriffs last month at a conference to keep their mouths shut about opposition to the new law, but Sheriff Howard is having none of it. He told newsmen that he thinks it would be a waste of resources to have his deputies confiscate the weapons.
There are plenty of laws on the books that allow for lawmen to take weapons away from mentally unstable individuals or those who have barricaded themselves.
He says it's just another sign the government is not listening to the people, “and we are the government...”
Many seasoned observers consider the Sheriff's opposition a sign of one form of nullification of constitutionally unpalatable laws, when law enforcement officials refuse to enforce them.
Other possible remedies are to be found in litigation; in legislative action; or in jury nullification when those who have been charged with offenses come to trial. Veniremen may be educated in advance as to their rights and behave in ways that prevent the federal or state governments from being able to empanel a jury, thus nullifying the prosecution.