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Thread: Oregon sheriff: I won't enforce new gun laws

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    BAMAPHIN 22's Avatar
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    Oregon sheriff: I won't enforce new gun laws

    An Oregon sheriff has written Vice President Joe Biden to say his department won't enforce any new gun laws he considers unconstitutional.
    In his letter, Sheriff Tim Mueller of Linn County said politicians are "attempting to exploit the deaths of innocent victims" by supporting laws that would harm law-abiding Americans.
    "We must not allow, nor shall we tolerate, the actions of criminals, no matter how heinous the crimes, to prompt politicians to enact laws that will infringe upon the liberties of responsible citizens who have broken no laws," the sheriff wrote.
    Mueller says he took an oath to support the Constitution, and laws preventing citizens from owning certain semi-automatic firearms and ammunition magazines would violate their rights.

    http://www.cbsnews.com/8301-201_162-...onstitutional/
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    Based on driving through Oregon on Interstate 5 a few times, Linn County is fairly rural with a total population of around 117,000. I doubt his views would go over well in very liberal Portland (Multnomah County).

    http://grdurand.com/blogger/2010/01/...ue-oregon.html
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    Re: Oregon sheriff: I won't enforce new gun laws

    Quote Originally Posted by GoFins! View Post
    Based on driving through Oregon on Interstate 5 a few times, Linn County is fairly rural with a total population of around 117,000. I doubt his views would go over well in very liberal Portland (Multnomah County).

    http://grdurand.com/blogger/2010/01/...ue-oregon.html
    Even more reason that the federal government shouldn't be involved in this crap. The large urban centers are the only places where people think any of this liberal crap, especially gun control, is a good idea or even tolerable. That comprises about 10% of the land area but unfortunately about 50%+ of the population. The rest of us are going to get butt raped by the "Anointed One" and his cronies with their systematic disassembling of the constitution.

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    I wonder how much discretion sheriff's are really allowed to have under the law. I've never really thought about it. Somehow I doubt they get to choose which parts of the law they want to enforce or not, but I would imagine they do have -- at least as a practical matter -- a fair amount of authority.
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    MoFinz's Avatar
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    Quote Originally Posted by TheWalrus View Post
    I wonder how much discretion sheriff's are really allowed to have under the law. I've never really thought about it. Somehow I doubt they get to choose which parts of the law they want to enforce or not, but I would imagine they do have -- at least as a practical matter -- a fair amount of authority.
    Id say they have at least as much authority as the POTUS regarding which laws they choose to enforce and which ones they choose to be lax on.


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    TheWalrus's Avatar
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    Quote Originally Posted by MoFinz View Post
    Id say they have at least as much authority as the POTUS regarding which laws they choose to enforce and which ones they choose to be lax on.
    I would hope not.

    ---------- Post added at 04:45 PM ---------- Previous post was at 04:44 PM ----------

    Quote Originally Posted by MoFinz View Post
    Man, is that how you see government? Do what i say, no matter how it goes against a Constitution, both federal and state, you swore to uphold, or we'll take your money?

    Tell me how that stance reconciles with the founders vision of government? What a twisted sad perception
    Individual Sheriffs should not get to decide what the Constitution says. We the courts and the laws for that. Just do your job and enforce them. If you can't do that, you probably chose the wrong line of work.
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    Statler Waldorf's Avatar
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    Quote Originally Posted by TheWalrus View Post
    Individual Sheriffs should not get to decide what the Constitution says. We the courts and the laws for that. Just do your job and enforce them. If you can't do that, you probably chose the wrong line of work.


    So if you were a Sheriff and the Federal Government passed a law to “shoot all blacks on sight” you’d be out there shooting blacks and all Sheriffs who refused to enforce that law are in the wrong job? I know that’s a bit of a hyperbolic analogy but it gets the point across, Sheriffs are completely within their rights to raise ethical objections to enforcing particular laws that violate the Constitution.
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    Quote Originally Posted by Statler Waldorf View Post

    So if you were a Sheriff and the Federal Government passed a law to “shoot all blacks on sight” you’d be out there shooting blacks and all Sheriffs who refused to enforce that law are in the wrong job? I know that’s a bit of a hyperbolic analogy but it gets the point across, Sheriffs are completely within their rights to raise ethical objections to enforcing particular laws that violate the Constitution.
    It definitely gets the point across of what a terrible example looks like.

    Sheriffs do not as a practical matter enforce what the Constitution says. That's a misnomer. They enforce the laws and codes that emanate from the Constitution or from constitutionally enabled powers. Do you see how that's different? For example, if you try to keep someone as a slave, you will not be arrested for violating the 13th amendment. You can't be charged with that. The thirteenth amendment has been turned into laws and codes and violating them is what you will be arrested for (among other things, those laws and codes specify certain punishments for certain crimes, whereas the Constitution does not, except for treason). Those laws and codes, be they local or state or national, are what Sheriffs enforce.

    Like every phrase, statement or amendment to the Constitution, the second amendment has likewise been turned into various laws and codes. And any law that's passed would necessarily have say that where preceding law is in conflict with the new law, the new law supersedes the old. It is for the courts to rectify that with the standards laid out by the Constitution. If it passes those standards, then it's the law of the land, and it's the duty of any Sheriff to uphold them.
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    Quote Originally Posted by TheWalrus View Post
    I wonder how much discretion sheriff's are really allowed to have under the law. I've never really thought about it. Somehow I doubt they get to choose which parts of the law they want to enforce or not, but I would imagine they do have -- at least as a practical matter -- a fair amount of authority.
    A law is paper with intent. You can choose any day of the week whether or not you intend to follow that piece of paper. I know that is the higher philosophical argument about what truly binds us and makes us free but you don't have to follow or enforce a law for that matter if you choose not to do so. I assume you do so at the risk of losing your job in the case of the Sheriff but I find it funny that most elected Sheriffs have chose to either not comment on the subject or reject it but most appointed sheriffs have elected to support the measures.

    I guess it depends on which side your bread is buttered.
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