By Harold Pease
Fifty-five of 64 Colorado county elected sheriffs, together with a sizable coalition of grassroots groups, are plaintiffs in a lawsuit against the state of Colorado and until resolved by the courts will not participate in the enforcement of what they consider a violation of the Bill of Rights, notably the Second Amendment, which they have sworn under oath to preserve. The elected sheriffs, consisting of both democrats and republicans, not only believe the laws to be unconstitutional but also unenforceable.
Wordage in the suit cited public safety and the 2nd and 14th Amendments of the Constitution of the United States as major concerns. Sheriffs were especially angered by a tweet from the Colorado Senate Democrats referring to them as criminals, which read: “2day co sheriffs stood in opposition of co’s new gun laws, but not w/law-abiding citizens, but with criminals.” A sheriff of each county is the only elected law enforcement agent in the nation and as such has more constitutional authority than the FBI or ATF. Their election to stand by their oath to protect and defend the Constitution is serious and a big deal. Unfortunately the national media is largely silent on this story.
The same situation exists in the state of New York where 52 of 58 elected county sheriffs signed a letter asking for changes to the New York gun control laws, known as the SAFE Act, shoved through the legislature “just hours after the text became public.” The sheriffs were invited to a meeting where they expected to be able to share their reasons for opposition but instead were threatened by Governor Andrew Cuomo with removal from office. Who would he use to enforce removal, the six sheriffs of the 58 who had not signed? Numerous New York counties have passed non-binding resolutions to these laws in open support for the Second Amendment and those defending it. Schoharie County even going so far as to deny funding for enforcement.
Opponents claim that the SAFE Act is also unenforceable and criminalizes law-abiding citizens. This law is headed for the courts as well. New York sheriffs argue in their friend of the court brief. “Law enforcement’s work is made more difficult attempting to enforce unclear laws that harm, rather than promote, public safety. The laws appear willfully blind to legitimate safety interests, and instead are tailored to impact, and negatively impact, law-abiding firearm owners…. The Supreme Court has confirmed that the Second Amendment protects arms typically possessed by law-abiding citizens, and identified that the right of self-defense is ‘core’ protected conduct that is at its zenith in the home.”
Similar opposition by elected county sheriffs is rising in Maryland to a new law scheduled to go into effect this October 1st. Ten such have already voiced opposition to enforcing it. Other sheriffs “won’t use county resources to enforce the laws’ restrictions” (“Battleground Colorado: Sheriffs Resist,” by Frank Miniter, America’s 1st Freedom, Aug. 2013).
Fortunately such strong support of the Constitution by the law enforcement community is nothing new although the establishment press has been slow to cover these stories. In January and February 2013, angry sheriffs rose up putting the federal government on notice vowing to defend their citizens from the federal government if federal agents began enforcing gun laws outside the limits of the 2nd Amendment to the Constitution. Those states refusing to comply were, as they came on board: Utah, Florida, Georgia, Colorado, New Mexico, Nebraska, Wyoming, Indiana, and Illinois.
With respect to the Second Amendment, Utah’s Sheriffs’ Association went as far as to say, “We are prepared to trade our lives for the preservation of its traditional interpretation.” Wyoming’s new “Firearm Protection Act,” threatens federal officials with up to five years in prison and $5,000 in fines if convicted of attempting to enforce unconstitutional statutes or decrees infringing on the gun rights of Wyoming citizens. Reportedly, Missouri and Texas have similar legislation pending.
Even the California State Sheriffs’ Association’s letter to Vice President Joe Biden, signed by seventeen elected county sheriffs, was stronger than had been expected, putting him, and the federal government, on notice. “It is the position of CSSA, in accordance with the Constitution of the United States and the statutes of the State of California, that law-abiding persons who meet the established requirements have the right to acquire, own, possess, use, keep and bear firearms. This right shall not be infringed.”
What makes the efforts of Colorado, New York, and Maryland different this time from earlier this year is that previous resistance was aimed at the federal government taking their 2nd Amendment rights from them. This time it is their own state governments attempting to do the same thing in clear violation of the 2nd and 14th Amendments. The sheriff’s, and the populace that keeps them in power, says no when it violates their Constitution that they have sworn to uphold. Those who understand history and freedom know that an armed populace is critical to liberty. Thank goodness our sheriffs understand this and honor their sacred oath. If only our legislators and governors would as well.