*VIDEOS* America’s Sheriffs: The Thin, Blue Line Between Your 2nd Amendment Right And The Federal Dictatorship


RICHARD MACK

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DAVID CLARKE

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DENNY PEYMAN

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PAUL BABEU

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TIM HOWARD

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CHARLES JENKINS

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JUSTIN SMITH

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TIM MUELLER

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TERRY MAKETA

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BRAD ROGERS

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JON LOPEY

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MIKE WINTERS

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CHRIS NOCCO

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KEN CAMPBELL

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TIM CAMERON AND MIKE LEWIS

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FRANK TOMLANOVICH, JEFF RICKABY, KENNY MARKS AND SCOTT CELELLO

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Sheriffs Refuse To Enforce Unconstitutional Gun Control Laws

Sheriffs Refuse To Enforce Laws On Gun Control – New York Times

When Sheriff John Cooke of Weld County explains in speeches why he is not enforcing the state’s new gun laws, he holds up two 30-round magazines. One, he says, he had before July 1, when the law banning the possession, sale or transfer of the large-capacity magazines went into effect. The other, he “maybe” obtained afterward.

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He shuffles the magazines, which look identical, and then challenges the audience to tell the difference.

“How is a deputy or an officer supposed to know which is which?” he asks.

Colorado’s package of gun laws, enacted this year after mass shootings in Aurora, Colo., and Newtown, Conn., has been hailed as a victory by advocates of gun control. But if Sheriff Cooke and a majority of the other county sheriffs in Colorado offer any indication, the new laws – which mandate background checks for private gun transfers and outlaw magazines over 15 rounds – may prove nearly irrelevant across much of the state’s rural regions.

Some sheriffs, like Sheriff Cooke, are refusing to enforce the laws, saying that they are too vague and violate Second Amendment rights. Many more say that enforcement will be “a very low priority,” as several sheriffs put it. All but seven of the 62 elected sheriffs in Colorado signed on in May to a federal lawsuit challenging the constitutionality of the statutes.

The resistance of sheriffs in Colorado is playing out in other states, raising questions about whether tougher rules passed since Newtown will have a muted effect in parts of the American heartland, where gun ownership is common and grass-roots opposition to tighter restrictions is high.

In New York State, where Gov. Andrew M. Cuomo signed one of the toughest gun law packages in the nation last January, two sheriffs have said publicly they would not enforce the laws – inaction that Mr. Cuomo said would set “a dangerous and frightening precedent.” The sheriffs’ refusal is unlikely to have much effect in the state: According to the state’s Division of Criminal Justice Services, since 2010 sheriffs have filed less than 2 percent of the two most common felony gun charges. The vast majority of charges are filed by the state or local police.

In Liberty County, Fla., a jury in October acquitted a sheriff who had been suspended and charged with misconduct after he released a man arrested by a deputy on charges of carrying a concealed firearm. The sheriff, who was immediately reinstated by the governor, said he was protecting the man’s Second Amendment rights.

And in California, a delegation of sheriffs met with Gov. Jerry Brown this fall to try to persuade him to veto gun bills passed by the Legislature, including measures banning semiautomatic rifles with detachable magazines and lead ammunition for hunting (Mr. Brown signed the ammunition bill but vetoed the bill outlawing the rifles).

“Our way of life means nothing to these politicians, and our interests are not being promoted in the legislative halls of Sacramento or Washington, D.C.,” said Jon E. Lopey, the sheriff of Siskiyou County, Calif., one of those who met with Governor Brown. He said enforcing gun laws was not a priority for him, and he added that residents of his rural region near the Oregon border are equally frustrated by regulations imposed by the federal Forest Service and the Environmental Protection Agency.

This year, the new gun laws in Colorado have become political flash points. Two state senators who supported the legislation were recalled in elections in September; a third resigned last month rather than face a recall. Efforts to repeal the statutes are already in the works.

Countering the elected sheriffs are some police chiefs, especially in urban areas, and state officials who say that the laws are not only enforceable but that they are already having an effect. Most gun stores have stopped selling the high-capacity magazines for personal use, although one sheriff acknowledged that some stores continued to sell them illegally. Some people who are selling or otherwise transferring guns privately are seeking background checks.

Eric Brown, a spokesman for Gov. John W. Hickenlooper of Colorado, said, “Particularly on background checks, the numbers show the law is working.” The Colorado Bureau of Investigation has run 3,445 checks on private sales since the law went into effect, he said, and has denied gun sales to 70 people.

A Federal District Court judge last month ruled against a claim in the sheriffs’ lawsuit that one part of the magazine law was unconstitutionally vague. The judge also ruled that while the sheriffs could sue as individuals, they had no standing to sue in their official capacity.

Still, the state’s top law enforcement officials acknowledged that sheriffs had wide discretion in enforcing state laws.

“We’re not in the position of telling sheriffs and chiefs what to do or not to do,” said Lance Clem, a spokesman for the Colorado Department of Public Safety. “We have people calling us all the time, thinking they’ve got an issue with their sheriff, and we tell them we don’t have the authority to intervene.”

Sheriffs who refuse to enforce gun laws around the country are in the minority, though no statistics exist. In Colorado, though, sheriffs like Joe Pelle of Boulder County, who support the laws and have more liberal constituencies that back them, are outnumbered.

“A lot of sheriffs are claiming the Constitution, saying that they’re not going to enforce this because they personally believe it violates the Second Amendment,” Sheriff Pelle said. “But that stance in and of itself violates the Constitution.”

Even Sheriff W. Pete Palmer of Chaffee County, one of the seven sheriffs who declined to join the federal lawsuit because he felt duty-bound to carry out the laws, said he was unlikely to aggressively enforce them. He said enforcement poses “huge practical difficulties,” and besides, he has neither the resources nor the pressure from his constituents to make active enforcement a high priority. Violations of the laws are misdemeanors.

“All law enforcement agencies consider the community standards – what is it that our community wishes us to focus on – and I can tell you our community is not worried one whit about background checks or high-capacity magazines,” he said.

At their extreme, the views of sheriffs who refuse to enforce gun laws echo the stand of Richard Mack, a former Arizona sheriff and the author of “The County Sheriff: America’s Last Hope.” Mr. Mack has argued that county sheriffs are the ultimate arbiters of what is constitutional and what is not. The Constitutional Sheriffs and Peace Officers Association, founded by Mr. Mack, is an organization of sheriffs and other officers who support his views.

“The Supreme Court does not run my office,” Mr. Mack said in an interview. “Just because they allow something doesn’t mean that a good constitutional sheriff is going to do it.” He said that 250 sheriffs from around the country attended the association’s recent convention.

Matthew J. Parlow, a law professor at Marquette University, said that some states, including New York, had laws that allowed the governor in some circumstances to investigate and remove public officials who engaged in egregious misconduct – laws that in theory might allow the removal of sheriffs who failed to enforce state statutes.

But, he said, many governors could be reluctant to use such powers. And in most cases, any penalty for a sheriff who chose not to enforce state law would have to come from voters.

Sheriff Cooke, for his part, said that he was entitled to use discretion in enforcement, especially when he believed the laws were wrong or unenforceable.

“In my oath it says I’ll uphold the U.S. Constitution and the Constitution of the State of Colorado,” he said, as he posed for campaign photos in his office – he is running for the State Senate in 2014. “It doesn’t say I have to uphold every law passed by the Legislature.”

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Growing List Of Sheriffs Saying ‘NO’ To Obama Gun Control

Growing List Of Sheriffs Saying ‘NO’ To Obama Gun Control – C.S.P.O.A.

Sheriffs have risen up all over our great nation to stand up against the unconstitutional gun control measures being taken.

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The following is a list of sheriffs and state sheriff’s associations who have vowed to uphold and defend the Constitution against Obama’s unlawful gun control measures. I applaud these public servants for their courage and conviction.

I would encourage other Constitutional Sheriffs and Peace Officers to add their voices to the growing numbers of faithful protectors of our freedom.

LIST OF STATE SHERIFF’S ASSOCIATIONS

1. Utah Sheriff’s Association

2. New Mexico Sheriff’s Association (30 out of 33 sheriffs)

LIST OF COUNTY SHERIFFS

1. Sheriff Glenn E. Palmer – Grant County, Oregon

2. Sheriff Gil Gilbertson – Josephine County, Oregon

3. Sheriff Tim Mueller – Linn County, Oregon

4. Sheriff Adam Christianson – Stanislaus County, California

5. Sheriff Brad A. DeLay – Lawrence County, Missouri

6. Sheriff Charles M. Heiss – Johnson County, Missouri

7. Sheriff Steve Cox – Livingston County, Missouri

8. Sheriff Jon Lopey – Siskiyou County, California

9. Sheriff Craig Zanni – Coos County, Oregon

10. Sheriff John Hanlin – Douglas County, Oregon

11. Sheriff John Bishop – Curry County, Oregon

12. Sheriff Larry Blanton – Deschutes County, Oregon

13. Sheriff Jim Hensley – Crook County, Oregon

14. Sheriff Denny Peyman – Jackson County, Kentucky

15. Sheriff Roy Klingler – Madison County, Idaho

16. Sheriff Blake Dorning – Madison County, Alabama

17. Sheriff Justin Smith – Larimer County, Colorado

18. Sheriff Al Cannon – Charleston County, South Carolina

19. Sheriff Ana Franklin – Morgan County, Alabama

20. Sheriff Andy Hughes – Houston County, Alabama

21. Sheriff Stacy Nicholson – Gilmer County, Georgia

22. Sheriff Robin Cole – Pine County, Minnesota

23. Sheriff Bill Snyder – Martin County, Florida

24. Sheriff Ed Kilgpore – Humboldt County, Nevada

25. Sheriff Tom Bosenko – Shasta County, California

26. Sheriff John D’Agostini – El Dorado County, California

27. Sheriff David Hencraft – Tehama County, California

28. Sheriff Dean Growden – Lassen County, California

29. Sheriff Dean Wilson – Del Norte County, California

30. Sheriff Mike Poindexter – Modoc County, California

31. Sheriff Thomas Allman – Mendocino County, California

32. Sheriff Mike Downey – Humboldt County, California

33. Sheriff Larry Smith – Smith County, Texas

34. Sheriff Kieran Donahue – Canyon County, Idaho

35. Sheriff Margaret Mims – Fresno County, California

36. Sheriff Pat Garrett – Washington County, Oregon

37. Sheriff Dan Staton – Multnomah County, Oregon

38. Sheriff Scott Mascher – Yavapai County, Arizona

39. Sheriff Micahel A. Helmig – Boone County, Ohio

40. Sheriff A.J. Rodenberg – Clermont County, Ohio

41. Sheriff Terry Maketa – El Paso County, Colorado

42. Sheriff John Cooke – Weld County, Colorado

43. Sheriff Scott Berry – Oconee County, Georgia

44. Sheriff Frank Denning – Johnson County, Kansas

45. Sheriff Stan Hilkey – Mesa County, Colorado

46. Sheriff Terry Box – Collin County, Texas

47. Sheriff Chuck Wright – Spartanburg County, South Carolina

48. Sheriff Greg Hagwood – Plumas County, California

49. Sheriff Frank McKeithen – Bay County, Florida

50. Sheriff Roger Garrison – Cherokee County, Georgia

51. Sheriff Tony Desmond – Schoharie County, New York

52. Sheriff Richard Devlin Jr. – Otsego County, New York

53. Sheriff Bruce Haney – Trinity County, California

54. Sheriff Wayne DeWitt – Berkeley County, South Carolina

55. Sheriff Bob ‘Big Block’ Colbert – Wagoner County, Oklahoma

56. Sheriff Joel W. Richardson – Randall County, Texas

57. Sheriff Mike Scott – Lee County, Florida

58. Sheriff Mike Winters – Jackson County, Oregon

59. Sheriff Brian Wolfe – Malheur County, Oregon

60. Sheriff Cameron M. Noel – Beaver County, Utah

61. Sheriff Tom Rummel – Sanders County, Montana

62. Sheriff Jeff Christopher – Sussex County, Delaware

63. Sheriff Brad Rogers – Elkhart County, Indiana

64. Sheriff David Edmunds – Summit County, Utah

65. Sheriff James Tracy – Utah County, Utah

66. Sheriff Robert Dekker – Millard County, Utah

67. Sheriff Frank Park – Tooele County, Utah

68. Sheriff J. Lynn Yeates – Box Elder County, Utah

69. Sheriff G. Lynn Nelson – Chache County, Utah

70. Sheriff James Cordova – Carbon County, Utah

71. Sheriff Jerry Jorgensen – Daggett County, Utah

72. Sheriff Todd Richardson – Davis County, Utah

73. Sheriff Travis Mitchell – Duchesne County, Utah

74. Sheriff Greg Funk – Emery County, Utah

75. Sheriff James D. Perkins – Garfield County, Utah

76. Sheriff Steven White – Grand County, Utah

77. Sheriff Mark Gower – Iron County, Utah

78. Sheriff Alden Orme – Juab County, Utah

79. Sheriff Lamont Smith – Kane County, Utah

80. Sheriff Blaine Breshears – Morgan County, Utah

81. Sheriff Marty Gleave – Puite County, Utah

82. Sheriff Dale Stacey – Rich County, Utah

83. Sheriff Rick Eldredge – San Juan County, Utah

84. Sheriff Brian Nielson – Sanpete County, Utah

85. Sheriff Nathan Curtis – Sevier County, Utah

86. Sheriff Jeff Merrell – Uintah County, Utah

87. Sheriff Todd Bonner – Wasatch County, Utah

88. Sheriff Cory Pulsipher – Washington County, Utah

89. Sheriff Kurt Taylor – Wayne County, Utah

90. Sheriff Terry Thompson – Weber County, Utah

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