Showdown Looms As Dem’s Gun Control Agenda Likely To Meet Stiff Opposition From Nation’s Sheriffs Who Say They Will Not Enforce Unconstitutional Laws
At a rally on March 2, 2020 in Texas, then-candidate Joe Biden suggested that Beto be O’Rourke … [+]
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President Biden’s remarks last week on the three-year anniversary of Parkland, Fla., In which a gunman killed 17 students and wounded another 17, were viewed by gun rights activists as the government’s first volley in what is expected to be a fierce and fierce battle for the prolonged battle Second Amendment Rights in America. “I urge Congress to implement gun law reforms with common sense,” said Biden. “This includes background checks on all arms sales, banning offensive weapons and high-capacity magazines, and removing immunity for arms manufacturers who knowingly use war weapons against our weapons.” Streets. “
President Biden’s call for Congress to ban the modern sporting rifle (MSR), which he knowingly incorrectly refers to as the “assault rifle” and “weapon of war” denies the fact that more murders are committed with knives, fists and sticks than all rifles combined “Replied the National Shooting Sports Foundation, the influential arms industry advocacy group.” There are over 20 million MSRs in circulation today, used for legitimate purposes every day. And resetting protection for legitimate gun manufacturers would be akin to allowing activist activists To sue Ford for the deaths caused by drunk drivers. “
MSRs are most commonly used for hunting, recreational target shooting, and personal protection. In practice, they are semi-automatic firearms, meaning you have to pull the trigger every time you want to fire a single round (the sale of fully automatic guns was banned under the Gun Owners Protection Act in 1986). This functionality is no different from hundreds of other semi-automatic rifles, pistols, and shotguns used for everything from ducks and pigeons to deer and boar hunting to target shooting and self-defense. Most US soldiers, on the other hand, are given fully automatic M4 carbines that can fire 950 rounds per minute (pull the trigger and the bullets continue to fly). So while they look like MSRs, having to use semi-automatic rifles for a military would be a definite disadvantage in any modern war scenario.
The Dems gun control rhetoric is nothing new, but with the small majority in the House and Senate, as well as with Biden in the White House, they feel encouraged that now is the time to put in place a variety of gun control measures that have been carried out so far Obstructed by a gun-friendly Trump administration and Republican majorities in at least one of two legislatures.
In the national political debate on weapons, however, the law enforcement position is mostly lacking in terms of their willingness to enforce proposed or newly enacted weapons laws. As Colorado lawmakers discovered in 2019 and 2020 when the “red flag” was passed to allow police to confiscate weapons from anyone suspected of posing a significant threat to themselves or others, laws are meaningless without enforcement.
Dozens of the state’s 64 sheriffs publicly declared the law unconstitutional and refused to enforce the new law. About half of the state’s district governments passed resolutions stating that they would not support the enforcement of such laws or would not “violate the right of the people to keep and carry arms,” as one district authority put it.
Sheriff Steve Reams of Colorado’s rural Weld County became one of the leading anti-legislation voices and made the rounds on the national news talk show to share his feelings. “When a judge gives an order stating that a person cannot possess weapons and also forces law enforcement to issue a search warrant to find those weapons,” Reams said. “I believe this is a violation of a person’s constitutional rights.” At this point, my choice is difficult. I can potentially violate someone’s constitutional rights. Or I can violate a court order. I’d rather be on the side of violating a court order than someone’s rights. “
At the heart of gun rights advocates’ concerns about red flag laws is the lack of a meaningful due process. “What if a disgruntled ex-lover has revenge against his former significant other and wants to use these laws as retaliation?” asks George Brauchler, former District Attorney for Counties Douglas, Arapahoe, Elbert, and Lincoln, Colorado, who narrowly lost an offer to be Attorney General and who has prosecuted some of the most notorious mass shootings in the country, including Columbine High School and the Aurora Theater massacre . “We expect our judicial system to make abuse of our laws almost impossible. Many of these red flag laws do not. A person wrongly attacked by someone applying a red flag law has no fair chance to defend himself in court before a judge can seek the seizure of his or her firearms. There are more procedures in place to protect your license than your right to carry guns. “
Former Douglas County, Colorado District Attorney George Brauchler questions the lack of relevance … [+]
While 19 states – mostly Democratic controlled – and the District of Columbia have some form of Red Flag law on the books, there are more than 400 sheriffs across the country who consider themselves part of a group called Constitutional Sheriffs and Peace Officers Association is called. a group that represents thousands of MPs nationwide. Many of them have reported that they will fail to enforce laws they consider unconstitutional.
Larimer County Colorado Sheriff Justin Smith is one of them. Smith did not hesitate to share his views on his Facebook page in an article entitled “Preserving our Constitutional Republic”. In it he wrote: “… The sheriff’s duties include an absolute obligation to protect the rights of the county citizens, and the sheriff is directly accountable to these citizens. The Colorado Sheriff occupies this independent office, which is not a subsidiary of the county, state, or federal government. I will not enforce unconstitutional federal laws, obey unconstitutional laws, or allow others to violate the constitutional rights of those in my county. “
However, Smith sees his stance further than the second change: “We need to understand that while we are talking about the right to keep and bear arms today, we might as well be talking about the right to lawfully assemble our government and petition to submit. the right to freedom of expression, the right to free worship, the right to be free from unreasonable search and confiscation, or any of our other rights. It is imperative that they all be defended. “
Sheriff Justin Smith of Larimer County, Colorado, warns that he and his deputies have legal counsel … [+]
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As the gun control debate deepens, one thing is clear: Americans are exercising their right to keep and carry guns at unprecedented levels. While 2019 was seen as an exceptional year for arms sales with more than 28 million national FBI instant criminal background checks (required to purchase a new firearm and a good barometer of total gun sales), 2020 saw a staggering nearly 40 million NICS checks . According to the NSSF, there are now more than 150 million gun owners in America with nearly 450 million firearms in circulation. That’s about 75 times the size of the Chinese, US and Russian armies … combined.
“As elected officials and law enforcement officers,” says NSSF attorney Larry Keane, “sheriffs take an oath to defend the constitution.” This oath extends to the second amendment that the Supreme Court applies to the states and local government. Sheriffs are required by law not to enforce laws that are manifestly in violation of the second amendment. “
While many Democrats advocating more gun restrictions – including mandatory gun buybacks, a federal gun register, bans on MSRs, waiting times, and the like – are eager to push ahead with the introduction of new gun laws, the passage of such laws is likely to meet stiff opposition from many of the people Law enforcement officers of the nation. Your interpretation of the second amendment could ultimately end up back in the Supreme Court, where the constitutionality of the red flag and other emerging gun laws are likely to be scrutinized.
For Smith and others in the sheriff’s community, they applaud the involvement of the Supreme Court. “The current composition of the court suggests that this is a good time to test the remaining challenges for the second amendment,” he says. “In my experience, Democrats often misjudged the second amendment as a partisan problem. There are many Independents, Libertarians and even Democrats in my county who are strong supporters of the Second Amendment. And when you watch cities go up in flames and city crime rates rise, how do you think these people – many of them minorities – feel about the right to defend themselves? I think the Biden administration and other Democrats misunderstand the prevailing sentiment on this issue. ”
And whether through the mid-term election or future Supreme Court rulings, we will likely soon find out who is reading the legal and political winds right.