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Statement from Sheriff Gary Maha on SAFE Act

By Howard B. Owens
Oct 1, 2013, 7:57pm

While working on a story we published earlier, we asked Sheriff Gary Maha for his position on the SAFE Act. Here's what he e-mailed to The Batavian:

I have taken an oath to uphold the Constitution of the United States and the Constitution of the State of New York. I am sworn to uphold the laws whether I agree with them or not. It is up to the Courts to determine if a law is unconstitutional or not, and it is up to our State Legislature to pass, not pass, amend or repeal any laws. Unfortunately, the Safe Act is the law of the land, but we are not going to go out and actively enforce it. However, if we receive a complaint with regard to a violation of the Safe Act, we are obligated to investigate it and take appropriate police action, which could be arrest.

cj sruger

I thought he came out against it early on? Now he says he will enforce it, as other sheriffs across the state say they won't. Maha is a rhino republican and must not plan on running for reelection. It looks like Cuomo's threats have gotten thru to him.

Oct 2, 2013, 5:15pm Permalink
Mark Brudz


He said that he would NOT actively enforce it, but if someone makes a complaint he would have to act on the complaint.

If he did otherwise, he would be subject to removal.

A Sworn OFFFICER MUST act on a COMPLAINT if a law is broken and the other sheriffs who came out against the law have said essentially the same thing.

You either read the statement wrong, didn't understand it or choose not to.

For the record, I do not think that the SAFE ACT will not pass the constitutional test, however, until such time as someone gets arrested under it, gets convicted and goes thru the appeals process, it won't come under that test

A law passed by legislature and signed by the Governor, is in fact a constitutional law until such time as it is challenged in the courts, That is just the way it is, and if all those screaming about following the constitution question that, then they marginalize the constitution that they are using to oppose the law.

I will fight where ever I can to repeal the law just as I will the ACA, I will support anyone unfortunate enough to be in the position to challenge the constitutionality of the law, but we can't pick and choose which part of the constitution we support otherwise the entire constitution is a worthless piece of paper.

Oct 2, 2013, 10:57pm Permalink
John Woodworth JR

CJ, I have to agree with Mark. Until the law is challenged through the courts, all law enforcement officers have to investigate a violation of the law. Look at MR Snyder in Stafford with his WW-15 Rifle. This is where the law is good. He is a convicted felon and also had a parole living under the same roof with his gun unsecured. Who knows if, they would of used that weapon in a crime but, you never know. I for one am happy it was discovered now rather than it being too late.

Cuomo is pushing further into gun control with is sneaky BS amendments. All I know is Cuomo's political career will be ended during the next New York Governor Election and his Presidential Campaign is no longer feasible. Once again thanks to Cuomo we see another example how the phrase "Assault Weapon" is a political term. Like I stated, any weapon can be classified as a assault or defensive weapon depending on how such was used. Love it or hate it until, the courts see Cuomo's gun control laws as unconstitutional, we are stuck. All I know is the NYS Assembly was irresponsible on how they dealt with this bill. Once again our government officials have shown us how easy it is for them to disregard the People who they suppose to serve.

I voted for Cuomo, I thought he was not like his Dad but, apparently he is just as self-serving and corrupt. He gives us scraps but, keeps the main course for himself.

Oct 4, 2013, 12:48am Permalink
cj sruger

I started agree with your replay until your last sentence, you completly discredited everything you said. You are part of the problem. and if you think he wont win relection your wrong, nobody is stepping up to oppose him, and the down state citidiots will joyfully relect him
and that guy in stafford that got busted with the rifle,.. its not that he was on probation. if you had that rifle and post ban mag youd be facing 10-20 in prison as the law is writen for a gun and mag that if had a little differnt piece on teh end or non adjusable stock or mag made pre 1994 would be perfectly legal.

Oct 4, 2013, 5:29pm Permalink

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