Author Topic: 40 Sheriffs Confirmed Won't Enforce Unconstitutional Laws  (Read 9723 times)

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Offline FASBOLD

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40 Sheriffs Confirmed Won't Enforce Unconstitutional Laws
« on: January 22, 2013, 08:17:37 PM »
I find it interesting that there are no MI sheriffs on this list.

http://www.examiner.com/article/sheriffs-will-not-enforce-obama-gun-control-laws-and-list-reasons-for-defiance

The Constitutional Sheriffs and Peace Officers Association | CSPOA http://cspoa.org/ was founded by former sheriff, Richard Mack. He sued the Clinton administration over the Brady Bill and the Supreme Court held that the Federal Government can't tell a state what to do.

Mack explains it in detail in this video from Weapons Education: .

I stumbled on this last night and it makes a lot more sense when you know why these sheriffs are telling the Feds, "No."

It would be interesting to know where the different sheriffs in MI stand on this issue. My hunch is that rural sheriffs will look at this differently than urban sheriffs, and party affiliation could play a role.
"The people of these United States are the rightful masters of both Congresses and courts, not to overthrow the Constitution, but to overthrow the men who pervert the Constitution."
~ Abraham Lincoln
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"Too young to die, too old to take an ass whippin'."
~ Unknown

Offline FASBOLD

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Re: 40 Sheriffs Confirmed Won't Enforce Unconstitutional Laws
« Reply #1 on: January 22, 2013, 09:58:39 PM »
Now the Utah Sheriff's Association has sent Obama a letter. All the sheriff's in a single state.

http://now.msn.com/utah-sheriffs-association-will-not-back-down-on-gun-control
"The people of these United States are the rightful masters of both Congresses and courts, not to overthrow the Constitution, but to overthrow the men who pervert the Constitution."
~ Abraham Lincoln
                     ****
"Too young to die, too old to take an ass whippin'."
~ Unknown

Offline Super Trucker

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Re: 40 Sheriffs Confirmed Won't Enforce Unconstitutional Laws
« Reply #2 on: January 23, 2013, 08:33:07 AM »
The MSP are the reason we have some stupid laws that the majority of other non liberal states don't have, I doubt the sheriffs of this state think much differently.

Offline gryphon

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Re: 40 Sheriffs Confirmed Won't Enforce Unconstitutional Laws
« Reply #3 on: January 23, 2013, 09:39:27 AM »
On MGO, Smokepole raised an excellent point:
Quote
The MSP should have no voice, influence, or lobbying with legislators. They work for us, and they are the enforcement of arm of the courts, and the laws as they are enacted. It should actually be considered a conflict of interest to let them assume any level of influence over the laws they are supposed to enforce.

http://www.migunowners.org/forum/showpost.php?p=1876315&postcount=17
I couldn't agree more.

Offline METL

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Re: 40 Sheriffs Confirmed Won't Enforce Unconstitutional Laws
« Reply #4 on: January 23, 2013, 10:30:13 AM »
I always am amused that they have "officer safety" as a paramount issue, but what about OUR safety?   


We have to face some of the same criminal element the cops do, only we face it BEFORE the Calvary comes....    ;)

Offline FASBOLD

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Re: 40 Sheriffs Confirmed Won't Enforce Unconstitutional Laws
« Reply #5 on: January 24, 2013, 01:32:23 AM »
Now many of the NY sheriffs raise concerns about the 2A parts of the recent law.

http://www.usatoday.com/story/news/nation/2013/01/23/sheriffs-raise-concerns-about-ny-gun-law/1859727/
"The people of these United States are the rightful masters of both Congresses and courts, not to overthrow the Constitution, but to overthrow the men who pervert the Constitution."
~ Abraham Lincoln
                     ****
"Too young to die, too old to take an ass whippin'."
~ Unknown

Offline gryphon

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Re: 40 Sheriffs Confirmed Won't Enforce Unconstitutional Laws
« Reply #6 on: January 24, 2013, 02:58:35 PM »
Quote
"We don't get to choose what laws we enforce."

Some sheriffs are refusing to enforce some gun laws.  Some prosecutors are refusing to prosecute some guns laws, too.

Offline FASBOLD

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Re: 40 Sheriffs Confirmed Won't Enforce Unconstitutional Laws
« Reply #7 on: January 24, 2013, 08:24:38 PM »
The County Sheriffs of Colorado have released a statement here in support of the Second Amendment and urging state legislators to wait until the hysteria ceases before making any decisions.

http://www.washcountysheriff.com/apps/documents/

Direct link to the PDF:

http://www.washcountysheriff.com/apps/documents/

Text from the PDF:

Quote
County Sheriffs of Colorado Position Paper on Possible Gun Control Legislation
The Second Amendment is not a guideline but rather a right.
Recently, our country has faced two horrific mass murders at the Century Theatre in
Aurora, Colorado, and Sandy Hook Elementary School in Newtown, Connecticut. In the
wake of these tragedies, it is understandable that both Colorado and the rest of the nation
search for reasons why. With this comes a renewed interest in public safety issues. As law
enforcement professionals and elected officials, the 62 County Sheriffs of Colorado
welcome this dialogue. However, we do not believe that these tragedies should be used as
the backdrop to advance gun control legislation.
The County Sheriffs of Colorado (CSOC) represent Colorado’s elected Sheriffs. We proudly
serve through the gracious will of voters who elect us to be the chief law enforcement
officials for our respective counties, deriving our authority from the Colorado Constitution.
State statute grants county sheriffs additional responsibilities such as issuing concealed
weapons permits.
CSOC is committed to public safety and faithful to our oath to uphold and protect the
Constitution of the State of Colorado and the United States Constitution including the
Second Amendment.
It was in this spirit of commitment to Colorado residents and our Constitution that the
County Sheriffs of Colorado voted at the January meeting in Larimer County to oppose
suggested state legislation that may limit Second Amendment rights. It is important to note
that this legislation simply is being suggested at this moment.
Second Amendment to the United State Constitution
County Sheriffs of Colorado believe in the Second Amendment of the United States
Constitution that guarantees the right of the people to keep and bear arms and that this
right shall not be infringed. As our state and country continue to discuss and debate gun
control legislation, the position of our founders remains clear. CSOC will not waiver on our
defense of the Constitution and will stand to preserve every constituent’s right to possess a
firearm. We believe the Second Amendment is no less important as the other nine
Amendments contained in the Bill of Rights.
Also, gun control does not equate to lower crime rates, which is really what we strive for.
Washington D.C. and Chicago, two cities known for their strict gun control laws, have some
of the highest rates of violent crime. In fact in Chicago’s 2012 homicide rate increased 16
percent over the prior year according to the New York Times.
Statistics from Chicago and tragedies like Aurora and Sandy Hook leave many of us shellshocked
with an impression of a gun violence epidemic, Second Amendment expert David
Kopel noted in a Wall Street Journal article, “the total U.S. homicide rate has fallen by over
half since 1980, and the gun homicide rate has fallen along with it. Today, Americans are
safer from violent crime, including gun homicide, than they have been at any time since the
mid‐1960s.”
The County Sheriffs of Colorado know first hand that strict gun control laws do not deter
criminals from getting firearms illegally and committing crimes. Rather, they hurt lawabiding
citizens who may be left unprotected because law enforcement cannot arrive in
time to stop a criminal’s bullet once he has pulled the trigger.
Hasty Reactions to Unfortunate Tragedies
Our sympathies are with the victims in the Aurora theater shooting and at Sandy Hook.
However, the Sheriffs do not believe this is the appropriate time to introduce gun control
legislation because decisions likely will be made on emotion rather than reason and that is
not in the best interest of Colorado. It is the Sheriffs’ opinion that all gun control bills be
tabled for at least a year to encourage rational deliberations before any decisions are made.
Assault Weapons Ban
The County Sheriffs Of Colorado oppose a ban on so‐called “assault weapons” because of its
vague definition. What many call “assault weapons” are actually semi‐automatic rifles that
operate the same as any other rifle in that they fire one bullet for every one time a trigger is
pulled. Semiautomatic
rifles are not machine guns. They do not spray fire like a
machine gun.
The term “assault weapons” often is employed incorrectly to describe an ordinary semiautomatic
rifle such as an AR‐15, which millions of responsible Americans own without
ever harming another person.
The previous federal ban on so‐called “assault weapons” was confusing and cosmetic in
nature. Guns considered scary such as those with a pistol grip were banned with no regard
for actual gun operation.
Ban on Private Sales of Firearms
The County Sheriffs Of Colorado are adamantly opposed to any restriction on a person’s
right to privately sell firearms to another person. Private sales to friends, neighbors or
loved ones would become illegal, effectively turning law‐abiding citizens into criminals.
Local and state law enforcement do not have the resources to stop private sales of firearms
nor to investigate such transactions making this law unenforceable.
Forcing citizens to sell firearms through a federal firearms dealer is the first step towards
gun registration and a national database of gun owners. There is little support among our
constituents for either. It is also contrary to Colorado’s longstanding history, tradition and
culture of non‐registration of firearms.
Law‐abiding citizens own firearms for a variety of reasons including self‐protection,
hunting, competition, or recreation, but their reasons are their own. They do not owe an
explanation to government. County Sheriffs of Colorado believe government – whether
state or federal – does not have the right to know who owns a firearm or for what reason
when used for lawful and peaceful purposes.
Ban on High Capacity Magazines
Law enforcement officers carry high capacity magazines because there are times when 10
rounds might not be enough to end the threat. County Sheriffs of Colorado believe the
same should hold true for civilians who wish to defend themselves, especially if attacked by
multiple assailants.
Recently a young mother in Georgia, defending herself and her two children, needed all six
bullets in her .38 caliber handgun to stop one intruder. She hit him five times and still he
was able to get in his car and drive away. Fortunately the young mother prevailed. Had
there been more than one assailant, the outcome may not have been the same because she
would have been out of ammunition.
Also, we know that in high‐pressure, high‐adrenaline situations, people may not be as
accurate with their shots. Thus they may need more ammunition to neutralize a threat.
When seconds matter, County Sheriffs of Colorado do not want to deny a law‐abiding
citizen the ability to defend himself and his family based on an arbitrary limit on how many
bullets should be in one magazine clip.
Ban on Bulk Purchases of Ammunition
Federal law already prohibits the following:
• Possession of ammunition by convicted felons
• Controlled substance users
• Anyone subject to a domestic violence restraining order
• The sale or transfer of long gun ammunition to anyone under the age of 18
• Handgun ammunition to anyone under the age of 21
The County Sheriffs of Colorado agree with the Major County Sheriffs Association in their
letter to Vice President Joseph R. Biden when they stated, “we are not confident such
restrictions would have an impact as even if you can’t buy in bulk, you can still buy multiple
boxes of smaller quantities.”
Buying ammunition in large quantities does not equate to mass murder. Recreational
shooters often will go through several thousand rounds in a month and never hurt another
human being. Since ammunition can be expensive, buying in bulk is a way to reduce cost.
Reducing the ability to purchase in bulk is just another way to hurt law‐abiding citizens.
Mandatory Entry into a Statewide Database for Concealed Carry Permit Holders
County Sheriffs of Colorado oppose any mandate for a statewide database for concealed
carry permit holders. Concealed carry recorders are local records belonging to the
individual Sheriff and should not be entered into a statewide system.
A permit holder must attend a firearms training course, be fingerprinted and pass
background checks both locally and nationally before the County Sheriff issues the permit.
Local voters trust us with that authority and we take that responsibility very seriously. Law
abiding citizens should not be punished for following the law by being entered into a statemandated
database.
Mental Health
All members of CSOC were deeply saddened by the shocking events at Sandy Hook and
Aurora but are also under the belief that the proposed gun control actions treats the
symptoms and not the over‐arching core problem of mental illness.
Like many, CSOC recognizes that severe mental illness, and not gun control, is at the core in
dealing with individuals who turn violent against our children, family, friends, and
communities. Suggestions for mandatory reporting requirements by mental health groups
possibly create more problems than solutions. This recognition turns us to explore
avenues for better funding for screening, treatment, education, and additional government
supported mental health facilities; not gun control.
Over the last half century in the United States there has been a continued escalation of
turning from institutional care for our mentally ill citizens to a more community‐based
support system also known as deinstitutionalization. Many studies have shown that this
“deinstitutionalization” is a major cause for the increased contact of people with mental
illness and the criminal justice system. In Colorado the largest mental health treatment
facilities are the county jails and state prisons.
The question should not be what type of gun does a person who is severally mentally ill
possess but rather why is that person walking around freely in the first place? To quote
once more from the Major Sheriff’s Association letter to Vice President Biden “There is a
strong link between untreated mental illness and the increased risk of committing violent
acts, including homicide…Included in the report is a study of violent crime statistics and
trends—comparing them to the number of psychiatric beds available; they found a
correlation:
When individuals with severe mental illness receive appropriate
and effective treatment, their risk of committing violent acts is no
greater than that of the general population. When they do not
receive treatment, multiple studies have found their risk of violent
behavior, including homicides, to be significantly elevated”.
To suggest that taking away constitutionally protected freedoms from our law abiding
citizens through gun control would somehow alleviate, remediate, or eliminate the threat
from violent mentally ill individuals misses the point that the lack of mental health funding,
treatment, education, and facility support are the root causes of the existing problem and
the pertinent areas that should be addressed.
Conclusion
The County Sheriffs of Colorado welcome open, honest, and deliberative dialogue on all
public safety issues. At the same time, we urge our state elected officials not to make
decisions during this grieving period because it would likely lead to policies that are
unenforceable and possibly unconstitutional, while punishing law abiding citizens and
doing nothing to reduce violent crime.
"The people of these United States are the rightful masters of both Congresses and courts, not to overthrow the Constitution, but to overthrow the men who pervert the Constitution."
~ Abraham Lincoln
                     ****
"Too young to die, too old to take an ass whippin'."
~ Unknown

Offline cahhappy

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Re: 40 Sheriffs Confirmed Won't Enforce Unconstitutional Laws
« Reply #8 on: February 24, 2013, 02:29:26 PM »
Are there any Michigan Sheriffs yet supporting 2nd Amendment :'(

Offline woodtic31

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Re: 40 Sheriffs Confirmed Won't Enforce Unconstitutional Laws
« Reply #9 on: February 24, 2013, 02:42:01 PM »
Are there any Michigan Sheriffs yet supporting 2nd Amendment :'(
Found this today.
http://cspoa.org/sheriffs-gun-rights/
North East Michigan Coordinator

Offline cahhappy

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Re: 40 Sheriffs Confirmed Won't Enforce Unconstitutional Laws
« Reply #10 on: February 24, 2013, 04:19:00 PM »
Tks for the list I now see fivr.

Offline FASBOLD

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Re: 40 Sheriffs Confirmed Won't Enforce Unconstitutional Laws
« Reply #11 on: February 24, 2013, 08:10:13 PM »
As of 23 February 2013, it is 312 sheriffs. There are 3,141 counties including county equivalents in the U.S. Of these 3,007 are actually called counties. http://gallery.usgs.gov/audios/124#.USq4fVd2tVc

So depending on how you count it, 312 sheriffs is close to 10%. That is a significant number vs. the total, but how many of them are large in population and an influence within their state?

I wonder how GRAA's (Gun Rights Across America) Operation Sheriff Reach will influence the number of sheriffs standing up for the 2A. March 13, 2013. https://www.facebook.com/events/470968386301131/
"The people of these United States are the rightful masters of both Congresses and courts, not to overthrow the Constitution, but to overthrow the men who pervert the Constitution."
~ Abraham Lincoln
                     ****
"Too young to die, too old to take an ass whippin'."
~ Unknown