You could be forgiven for thinking that recent news out of New York proves gun-rights supporters have lawmakers on the run. In mid-February, 500 outraged opponents of gun restrictions held a rally in Albany’s freezing temperatures to protest the state’s new gun-control regulations passed January 15. The president of a large state gun dealer said on January 21 that tens of thousands of assault rifle owners would boycott an April 2014 registration deadline mandated by the law. An anonymous source in Governor Andrew Cuomo’s office responded like a parent who’s given up doing anything about their acting-out teen: “Many of these assault-rifle owners aren’t going to register; we realize that.”
That official called it right. Those who expect the New York SAFE Act— which bans the purchase of new assault weapons and requires registration of those owned before the law took effect—to keep new assault rifles out of New York immediately will probably be disappointed.
Local prosecutors and cops have wide latitude in how aggressively to pursue busts and convictions under state law, says James B. Jacobs, professor of constitutional law at New York University. In a wink and nod to gun-rights supporters, the New York Sheriff’s Association issued a statement on January 25 asserting that the law doesn’t require its members to “go door-to-door to confiscate any weapons newly classified as assault weapons, and [sheriffs] will not do so.” In downstate Ulster County, the district attorney told a local paper that when dealing with otherwise law-abiding citizens who have banned weapons, “(police) will take those items away, but that’s not necessarily something we would prosecute.”
All of that would seem to augur poorly for getting results on the ground with new gun laws in other states. Why pass an assault-weapons ban if it’s honored more in breach than observance?