Saturday December 15, 2018
Red State Dems Colorado

Colorado Sheriffs Refuse to Enforce CO Gun Laws

Quotes are from the NYTimes article…….commentary is inserted by – cynthia.

Some sheriffs, like Sheriff Cooke, are refusing to enforce the laws, saying that they …violate Second Amendment rights.

Commentary: SINCE WHEN is a Sheriff the Supreme Court deciding what is constitutional!

Sheriff Cooke: “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.”

Commentary: Well, Aha! Sheriff Cooke is running for CO State Senate. Suddenly, his strident stance makes sense. Nice political positioning and free “advertising”.

A Federal District Court judge last month ruled against a claim in the sheriffs’ (including Cooke) lawsuit that one part of the magazine law was unconstitutionally vague

Commentary: Sheriffs are officers of the Law, are they now ignoring our courts?

“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.

Commentary: Sheriff Pelle hits the nail on the head with his point above.

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.

Commentary: This is an example in Florida – but this is mind-boggling. So now anyone in FL, the famous “Stand Your Ground” state, can carry a concealed weapon – WITHOUT a permit.  HUH? Read that “acquitted a sheriff” article – you won’t believe what this Sheriff did – and the Jury said “OK”. ???

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.

Commentary: Some good news, at least. 

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.

Commentary: WHERE is it written in the Constitution that Sheriffs are the “ultimate arbiters of what is constitutional and what is not”???  Apparently, this group of Sheriffs believes they are the only people in the country EXEMPT from the Supreme Court.
Frankly, it is amazing to me that these Sheriffs can do what they are doing. Yes, it is true, all law enforcement has to prioritize what laws to put the most resources into fighting. BUT, that is a big difference than outright refusing and claiming YOU decide what is Constitutional and get to pick and choose what Supreme Court decisions YOU like. This is not law-enforcement – it’s LAWLESSNESS. – cynthia
Read the entire NYTimes Article

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