NYS Sheriffs: New gun laws unconstitutional by creating rules impossible to follow

New York State (WRGB) — Sheriffs from across New York State are coming out in force against gun laws passed by Governor Kathy Hochul (D-New York) and the state legislature, telling CBS 6 the governor violated the constitution in more than one way when passing new gun laws in a rush.

Peter Kehoe is Executive Director of the New York State Sheriff’s Association, which represents all 58 sheriffs across New York State.

Kehoe sat down with CBS 6’s Anne McCloy.

They wanted to make a political statement so they introduced the bill in the morning, passed it in the afternoon and signed it in the evening which is unheard of,” Kehoe said.

Anne: Did you have a chance to read the legislation before it went into law?
Kehoe: Absolutely not, and no one else did either. I think a lot of people didn’t see it until it was passed including the lawmakers.

The NYS Sheriff’s Association is behind a letter that alleges Governor Kathy Hochul and the state legislature violated citizens’ rights by passing new gun bills “without waiting the constitutionally required three days.”

A claim that is being disputed by the Democratic Senate Majority, which in a statement called the association’s claims “mistruths”.

A spokesperson wrote, “The association is once again doing a disservice to its members and the public by pedaling in fear… This common sense law simply deals with concealed and carry permits and will keep New Yorkers safe while respecting the 2nd amendment.”

Anne: The spokesperson says your statement is false.

Kehoe: What’s false about it? It was passed in one day which is unusual and unconstitutional unless it’s a necessity, what’s necessary about it?

The new gun laws, Kehoe says, almost certainly put state government at risk for more lawsuits and enforcement agencies like sheriff’s offices and police departments.

Kehoe: I think pretty clearly the intent was to stymie lawful gun owners from getting their permits and that would be unconstitutional by the state.

Anne: Do you believe that that infringes on second amendment rights?

Kehoe: Sure. By creating a rule they can’t abide by.

Kehoe, an attorney, says he believes the laws infringe on New Yorkers second amendment rights in more than one way. First, by requiring businesses to post signs if guns are allowed. He says there should be an assumption under the constitution guns are allowed unless explicitly prohibited.

He also says the laws prevent New Yorkers from obtaining a pistol permit by creating training requirements that are unattainable in a timely manner.

It requires that everyone who applies for a conceal carry has an in-person interview with a judge. Millions of people are going to be applying for these licenses and where are judges going to find time to interview these people? It’s not going to happen and that’s why we believe it was put in there,” Kehoe said.

The Democratic Senate Majority also disputes Kehoe’s claim that no law enforcement agencies were included in talks about the new legislation, telling CBS 6 state police and local departments including the NYPD were involved. It’s a claim Kehoe says he has a hard time believing because these laws he says open police agencies to lawsuits.

We have reached out to Governor Hochul’s office for comment, but did not hear back by news time.