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Sheriffs, State Lawmakers Push Back on Gun Control

Posted on: January 17th, 2013

From Oregon to Mississippi, President Barack Obama’s proposed ban on new assault weapons and large-capacity magazines struck a nerve among rural lawmen and lawmakers, many of whom vowed to ignore any restrictions — and even try to stop federal officials from enforcing gun policy in their jurisdictions.

“A lot of sheriffs are now standing up and saying, ‘Follow the Constitution,’” said Josephine County Sheriff Gil Gilbertson, whose territory covers the timbered mountains of southwestern Oregon.

But their actual powers to defy federal law are limited. And much of the impassioned rhetoric amounts to political posturing until — and if — Congress acts.

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  • HappyClinger

    Laws contrary to the Constitution are illegal and unenforceable, except, of course, through bully tactics. The government does not have the authority to violate my rights just because they vote on it.

  • chet

    Seems like our sheriff Garcia, Houston TX. is another ass kisser.

    • http://www.facebook.com/sheryl.rhodes.56 Sheryl Rhodes

      Well we need to hear from the rest of the Sheriffs in Texas on whether they plan to uphold their oaths of office or not…………VERY disappointed in Houston sheriff! Have just recently seen a report that stated 30 out or 33 NM Sheriffs aren’t upholding their oaths of office……….VERY SAD!

      • DRAGA

        MAAM
        THERE IS YOUR ANSWER THEY ALL PROBABLY GOT A CELL PHONE ALSO!!

        • DRAGA

          SORRY MAAM,
          MY MIND WAS RUNNING FASTER THAN I CAN TYPE,I WAS RE-FERING AS TO WHERE THEY ARE FROM NM,DUH!! NO WONDER ,I WONDER IF THEY ARE ALL LEGAL!! JUST SAYING.

  • Buck

    IMPEACH NOW , AND NOT JUST THE FRAUD IN CHIEF , BUT ALL HIS CRONIES AS WELL , OBEYING UNCONSTITUTIONAL ORDERS IS ILLEGAL TOO .

    • Rattlerjake

      We need to build a gallows where we can hang a dozen at a time!

  • SBMUTAH

    The writer needs to research the facts better. The sheriff IS the highest authority in a county and the writer’s claim, “…But their actual powers to defy federal law are limited.” is not true. The feds have no jurisdiction over the sheriff in a county.

    Re: County Sheriffs Can Block Federal Gun Control
    posted on January 3, 2013 by da Tagliare

    Read more: http://godfatherpolitics.com/8806/county-sheriffs-can-block-federal-gun-control/#ixzz2IIMX02bh

    “Most people, including politicians fail to realize that the ultimate legal authorities in the land are the county sheriffs. This was established from the time of the Founding Fathers and upheld by the US Supreme Court in the 1997 case of Printz v. United States. Initially, the case was Mack v. United States, but by the time it reached the Supreme Court it was renamed.”

    In the court’s decision, Justice Antonin Scalia wrote:
    “. . . The great innovation of this design was that ‘our citizens would have two political capacities, one state and one federal, each protected from incursion by the other’” – “a legal system unprecedented in form and design, establishing two orders of government, each with its own direct relationship, its own privity, its own set of mutual rights and obligations to the people who sustain it and are governed by it.” (P.920)

    Justice Scalia then quoted the man considered to be the Father of the US Constitution, President James Madison, when he wrote in the decision:
    “[T]he local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority than the general authority is subject to them, within its own sphere.” The Federalist, No. 39 at 245.

    “In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.” (P. 922).

    “In other words, the county sheriff is the highest governmental authority in his county and he does not have to bow to the tyranny of the federal government if he deems such actions to be unconstitutional or unlawful. In essence, the county sheriff has more legal authority within his county than the governor or the state or even the president of the United States.”

  • guest

    Sam Kamin a Constitutional expert? NO Federal Law can violate the Constitution… so IF the Feds pass one that restricts a Constitutional right, no- responsibility, then the states are free to ignore it.. and prosecute anyone within their jurisdiction that violates laws in support of the Constitution.
    I wouldn’t want to be a federal officer that messes around trying to enforce such a blatant violation in a state that takes the Constitution seriously.
    Frankly, I doubt that a jury would convict one of their own if they ended up shooting them.

  • go for it

    The writer of this article “PUSH BACK ON GUN CONTROL” please understand gun owners will back up law officers in their county. I have been in combat and I will fight to protect our god given rights.

    • foxxybey

      As a former Marine, I would help any officer in trouble and would lay down my life for one but won’t let marxist control me and put me on their plantation.

  • foxxybey

    Gun Control is hitting what you aim at, anything else is hitlerish and a marxist idea of people control, don’t let Hitler live again in America, “Live Free or Die”.

  • Paul Metcalf

    You can not make us follow an unconstitutional law, the feds can GF’ed, I will not follow any unconstitutional gun law, now or before or in the future. You can suck my barrel for all I care, just clean and oil it afterwards.

  • 9Spoon9

    Federal Agents or their Agencies must have the permission to wield there duties within a particular county, with exceptions. What will make the “political posturing” rock solid will be the resolve of each and every county Sheriff. To back down in defense of the U.S. Constitution is treasonous, whether serving as a servant of the community as an LEO or as an individual citizen. No sitting the fence. Time to take a stand and make it known to others.

 

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