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Several N.Y. Sheriffs Plan to Exercise Discretion in Enforcing New Concealed-Carry Law

Fulton County Sheriff Richard Giardino appears on Fox News, October 11, 2022. (Screenshot via Fox News/YouTube)

At least six New York sheriffs say they will exercise their discretion in enforcing the state’s new gun-control law, arguing the new measure unfairly targets law-abiding citizens, according to the New York Times.

A federal judge last week suspended multiple provisions of the new law, the Concealed Carry Improvement Act, which state lawmakers passed over the summer after a Supreme Court ruling overturned a century-old concealed carry measure. The law went into effect on September 1.


Federal Judge Glenn Suddaby paused the enforcement of several provisions, including requirements that license applicants submit up to three years’ of social-media data, provide the names of their spouses and close family members and demonstrate “good moral character.”

Suddaby’s order allows gun-carrying in recreational settings, areas where alcoholic beverages are consumed and other venues. The judge ruled that the state can’t enforce a provision that designated Times Square a “gun free zone.”

The judge maintained bans on carrying firearms in public or private educational facilities, polling places, government administrative buildings, permitted special events, and public meeting places.

The judge gave the state three days to submit an appeal before the restraining order would take effect.




New York state attorney general Letitia James on Monday asked an appeals court to issue a stay against the judge’s injunction.

“Today my office filed a motion to keep the entire Concealed Carry Improvement Act in effect and continue to protect communities as the appeals process moves forward. This common-sense gun control legislation is critical in our state’s effort to reduce gun violence,” James said in a statement.

Several sheriffs have said they do not plan to aggressively enforce the law, including Fulton County Sheriff Richard Giardino.

Giardino told Fox News on Tuesday that his office will use its limited resources to focus on criminals possessing weapons, rather than pursuing law-abiding gun owners carrying concealed guns in public.

“We’re going to use our discretion to not go on complaints that say, ‘Oh, my neighbor has a bulge on his side, we think he’s got a gun, he’s in a store,’” he said.


“We have limited resources. We have limited money and we’re going to use that in the best capacity,” he added. “So it’s not refusing to enforce it, it’s using our discretion.”

He continued: “It unfairly targets law-abiding citizens who previously could carry concealed and could go into a store or a restaurant. And then on September 1, all of a sudden, they could be charged with a felony.”

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