Sheriffs Against Gun Control

I read in the news this week that there are some county sheriffs in Colorado and New York that have decided to refuse to enforce the stricter gun control laws that their state legislatures have passed. The story can be found in the New York Times, but I first read about it in Charles C. W. Cooke’s article on National Review Online. Here is an excerpt from the New York Times story.

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.

Some sheriffs, like Sheriff Cooke, are refusing to enforce the laws, saying that they are too vague and violate Second Amendment rights. Many more say that enforcement will be “a very low priority,” as several sheriffs put it. All but seven of the 62 elected sheriffs in Colorado signed on in May to a federal lawsuit challenging the constitutionality of the statutes.

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.

I really hate to say it but Andrew Cuomo is right and these sheriffs are wrong. While law enforcement does have some discretion in making priorities and allocating resources in  enforcing the law, they do not have the authority to decide what laws they wish to enforce, nor may they refuse to enforce laws duly made by the legislature. In our republic  it is the legislature’s job to make the laws and the judiciary’s job to decide on their constitutionality. If the people do not like the laws that the legislature makes, they can petition the legislature to change the laws or they may change the legislators, as has already been done in Colorado. By acting as they are, the sheriffs, however well intentioned, are setting a precedent for the replacing of a country governed by laws and the constitution into a country governed by the whims of despots. I might add the fact that the chief law enforcer of the country, the President, has been deciding for himself what laws to enforce may well be considered grounds for impeachment, however politically impossible it may be at this time. These sheriffs are making themselves part of the problem rather than the solution.

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