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From today's NYTimes:

http://www.nytimes.com/2013/12/16/us/sheriffs-refuse-to-enforce-laws-on-gun-control.html?hpw&rref=us&_r=0

December 15, 2013
Sheriffs Refuse to Enforce Laws on Gun Control
By ERICA GOODE
GREELEY, Colo. — 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.

And in California, a delegation of sheriffs met with Gov. Jerry Brown this fall to try to persuade him to veto gun bills passed by the Legislature, including measures banning semiautomatic rifles with detachable magazines and lead ammunition for hunting (Mr. Brown signed the ammunition bill but vetoed the bill outlawing the rifles).

“Our way of life means nothing to these politicians, and our interests are not being promoted in the legislative halls of Sacramento or Washington, D.C.,” said Jon E. Lopey, the sheriff of Siskiyou County, Calif., one of those who met with Governor Brown. He said enforcing gun laws was not a priority for him, and he added that residents of his rural region near the Oregon border are equally frustrated by regulations imposed by the federal Forest Service and the Environmental Protection Agency.

This year, the new gun laws in Colorado have become political flash points. Two state senators who supported the legislation were recalled in elections in September; a third resigned last month rather than face a recall. Efforts to repeal the statutes are already in the works.

Countering the elected sheriffs are some police chiefs, especially in urban areas, and state officials who say that the laws are not only enforceable but that they are already having an effect. Most gun stores have stopped selling the high-capacity magazines for personal use, although one sheriff acknowledged that some stores continued to sell them illegally. Some people who are selling or otherwise transferring guns privately are seeking background checks.

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.

A Federal District Court judge last month ruled against a claim in the sheriffs’ lawsuit that one part of the magazine law was unconstitutionally vague. The judge also ruled that while the sheriffs could sue as individuals, they had no standing to sue in their official capacity.

Still, the state’s top law enforcement officials acknowledged that sheriffs had wide discretion in enforcing state laws.

“We’re not in the position of telling sheriffs and chiefs what to do or not to do,” said Lance Clem, a spokesman for the Colorado Department of Public Safety. “We have people calling us all the time, thinking they’ve got an issue with their sheriff, and we tell them we don’t have the authority to intervene.”

Sheriffs who refuse to enforce gun laws around the country are in the minority, though no statistics exist. In Colorado, though, sheriffs like Joe Pelle of Boulder County, who support the laws and have more liberal constituencies that back them, are outnumbered.

“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.”

Even Sheriff W. Pete Palmer of Chaffee County, one of the seven sheriffs who declined to join the federal lawsuit because he felt duty-bound to carry out the laws, said he was unlikely to aggressively enforce them. He said enforcement poses “huge practical difficulties,” and besides, he has neither the resources nor the pressure from his constituents to make active enforcement a high priority. Violations of the laws are misdemeanors.

“All law enforcement agencies consider the community standards — what is it that our community wishes us to focus on — and I can tell you our community is not worried one whit about background checks or high-capacity magazines,” he said.

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.

Matthew J. Parlow, a law professor at Marquette University, said that some states, including New York, had laws that allowed the governor in some circumstances to investigate and remove public officials who engaged in egregious misconduct — laws that in theory might allow the removal of sheriffs who failed to enforce state statutes.

But, he said, many governors could be reluctant to use such powers. And in most cases, any penalty for a sheriff who chose not to enforce state law would have to come from voters.

Sheriff Cooke, for his part, said that he was entitled to use discretion in enforcement, especially when he believed the laws were wrong or unenforceable.

“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.”
 

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WE could use a whole lot more sheriffs like John Cooke! And a few police chiefs that are willing to buck the system even though doing what is right would most likely cost them their politically appointed jobs.
 

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In the gilded halls of Valhala
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another "fear the rednecks ye fine nyc folk" .

"the enemy is at the gate and this time it aint no pitchforks they got"

I do not like the nytimes.
smug
elitist
againt our rights!


when i lived in nyc politics always came up and one thing i always asks was how they keep up.
the answer i usually got was "i try to sit down and read the times every day"
 

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Did anyone see "the Five" last night? Bob Beckel said "the people that don't enforce the law are breaking the law and should be jailed." There is another lesson in Irony for that thread.

Obama is not enforcing portions of Obamacare.
The Feds and some States are violating the 1st, 2nd, 4th Amendments and HIPPA laws on a regular basis with impunity.

so yeah jail the ones who are not inforcing unconstitutional laws while praising the ones who violate the constitution. Makes perfect left wing sense.
 

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hmm...The Constitutional Sherriff's & Peace Officer's Association

sounds like a website we all should bookmark or add to favorites.

It also sounds like an official LE verion of OathKeepers
 

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WE could use a whole lot more sheriffs like John Cooke! And a few police chiefs that are willing to buck the system even though doing what is right would most likely cost them their politically appointed jobs.
It is that very fact that Chiefs of Police ARE politically appointed jobs that we will NEVER see them join our side in this.

Sheriff's however are ELECTED. Even the Branch Dividians in Waco acknowledged the sheriff as a legitimate LEO.

I liked reading that most states pretty much leave the sheriffs alone to run things as the see fit

except our boy Aripio here in Phoenix (Maricopa Co.). He ALWAYS has a microscope up his....
but does what he likes anyway.
 

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The problem is the LIBTARDS will vote out the sheriffs that won't play ball.
Not Necessarly In COLORADO!

As the recent Recall Elections have demonstrated.

Good For Him!

CAVman in WYoming
 

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Did anyone see "the Five" last night? Bob Beckel said "the people that don't enforce the law are breaking the law and should be jailed." There is another lesson in Irony for that thread.

Obama is not enforcing portions of Obamacare.
The Feds and some States are violating the 1st, 2nd, 4th Amendments and HIPPA laws on a regular basis with impunity.

so yeah jail the ones who are not inforcing unconstitutional laws while praising the ones who violate the constitution. Makes perfect left wing sense.
I heard that yesterday on the way home. The hypocracy of the left. That's just what this administration does. Enforces only the parts of law it agrees with and ignores the rest.
 

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An UnConstitutional law can and should be IGNORED - and the people who voted for it or ruled in it's favor IMPEACHED for Violation of their Oath "to uphold, preserve and Defend the Constitution of the United States from all Enemies, Foreign AND DOMESTIC!"

To enforce an UnConstitutional Law is to violate the Constitution itself - the Sherffs who refuse to do so are right, and the ones who say "they must enforce the law" no matter how wrong, are the same same as the Good Little Nazis tried at Nuremburg - who found out that "I was only following orders" can get you hung by the neck until dead...... CC
 
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Most state & local gun laws on the books before all these contemporary pushes, started off as Jim Crow (type) laws to prevent minorities from owning and carrying guns. In practice these early guns laws were only enforced against minorities. A few decades down the road those gun laws were forced down everyones throat.

Don't depend on a law to stay "un-enforced" for long.., work towards throwing the bums out that passed the law and having it repealed.
 

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The other thing no one has taken into account is "F" troop (aka BATFE) has a bad habit of enforcing State laws for the States.
 
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