One year after Newtown: Sheriff nullification of gun-control laws

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john cookePresident Barack Obama had no luck when he seized upon the tragic murders at Sandy Hook Elementary School to try and divert attention away from the jobs depression to build support for federal gun control laws. The Republican House stopped that train in its tracks. But of course, the administration that brought us Fast & Furious as well as unlawful Obamacare delays and exemptions is working on new gun regulations for King Obama to issue via executive fiat.

But several states did pass new gun control laws, despite irrefutable evidence that the more guns owned by law-abiding Americans, the less crime there is. However, a funny thing happened on the way to Gun-Control Heaven in liberal Democrat blue states from New York to California and even the Marijuana haven that is Colorado:

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. 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. 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.

Even in California there is hope for conservatives it seems.

Over 50 sheriffs in Colorado have filed a lawsuit claiming the new gun laws violate the Second Amendment:

Let civil disobedience against unconstitutional laws roll down like MLK and Ghandi-prescribed waters!

Mike DeVine

“One man with courage makes a majority.” – Andrew Jackson

 

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