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Wayne County Sheriff Virts to Testify June 7 in Amicus Brief


Message from Wayne County Sheriff Virts:


 May 15, 2013 –


The New York State Sheriffs’ Association and five Sheriffs (TIMOTHY B. HOWARD, ERIE COUNTY SHERIFF, REUEL A. TODD, OSWEGO COUNTY SHERIFF, BARRY C. VIRTS, WAYNE COUNTY SHERIFF, DONALD B. SMITH, PUTNAM COUNTY SHERIFF, THOMAS J. LOREY, FULTON COUNTY SHERIFF) agreed to participate in an Amicus Curiae brief filed by the Law Enforcement Legal Defense Fund.  An Amicus, or, “friend of the court” brief, is a supporting legal memorandum filed in conjunction with a lawsuit that sets forth complementary arguments of interested non-parties to the suit. 


The main case, New York State Rifle and Pistol Association, Inc, et al vs. Andrew M. Cuomo, was filed in the U.S. District Court for Western New York, in Buffalo in April of this year.


The brief will provide insight and perspective to the court on the deficiencies in the law from the unique view of Sheriffs, and law enforcement in general.  Specifically, the brief argues that the law violates the 2nd Amendment due to prohibitions of firearms ammunition feeding devices historically possessed by law abiding citizens, that the law does not assist in combating violent crime, that the law is unconstitutionally vague, that the law impinges on fundamental rights, and that the law fails to provide sufficient guidelines to law enforcement.


If you have any questions, please contact me.





Barry C. Virts,  Sheriff


Wayne County

Office of the Sheriff

7376 Rt. 31, Suite 1000

Lyons  NY  14489


315.946.5797 Desk

315.946.5811 Fax

315.946.9711 Office


Letter from Sheriff Virts about the hearing:

Virts Letter about hearing Virts Letter about hearing (44 KB)


Amicus Brief:

Amicus Brief Amicus Brief (192 KB)


Amicus Brief Filing:

Amicus Motion Amicus Motion (103 KB)