Sunday, November 8, 2015

Oregon County Passes Initiative Allowing Sheriff to Void Gun Control Laws If He Thinks They’re Unconstitutional

Coos County residents smoothly approved the Second Amendment Preservation Ordinance Tuesday with more than 60 percent voting for its passage. The ordinance bars public employees from using county funds to enforce any laws the sheriff deems unconstitutional. It also prohibits enforcement of Oregon’s recent law requiring background checks on private gun transfers, including transactions between friends. County employees who violate the measure could face a $2,000 fine.


Anonymous said...

County sheriffs already have this authority. This move is just formal admission that a particular one does. That means it amounts to dog and pony show political antics.

Crotalus said...

One problem: Someone in authority gets to decide whether it is or is not constitutional. What if the sheriff is a gun grabbing Commie?

Doug said...

Pretty interesting piece. And from all places.
How it got past the editorial hoplophobe's is remarkable.

Anonymous said...

That's a lot of power in the hands of one man. I'd much prefer the citizen determine what is or is not constitutional, and just not be hassled by hoplophobic panty wetters of the mandarine class.


Otto Didact said...

Crotalus asked: "What if the sheriff is a gun grabbing Commie?"

Then before long the sheriff and/or his/her deputies get ventilated? I don't figure the folks up Oregon way are too likely to take kindly to a lying gun-grabber-in-constitutionalist-clothing. Assuming a stealth gun grabber managed to get elected, I wouldn't want to insure their life.

mjw-1982 said...

Regarding the comments from Anonymous and Crotalus,

I was one of the people gathering signatures for this ordinance. Anonymous is correct that Sheriff's already have this authority, but the fact is no one else seems to know this and very few Sheriff's use the authority when it comes to gun laws. Rob Taylor (the chief petitioner) fully intended this to be a symbolic move and wants it to be challenged in court. That is the only way this issue will get into the mainstream., much like the Supreme Court decision in Heller.

Second, the way the ordinance is written, their will be no negative effect if an anti-gun Sheriff were to be elected. The ordinance only allows the Sheriff to be "less restrictive" not "more restrictive" and it only allows this discretion regarding gun laws, not any other issues. The wording was created by the Second Amendment Foundation and is exactly the same as has been passed in several other counties.