Oregon county lets sheriff ignore 'unconstitutional' gun laws, raising legal question

Discussion in 'Legal' started by usmarine0352_2005, Nov 10, 2015.

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  1. usmarine0352_2005

    usmarine0352_2005 Member

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    Interesting.






    http://www.foxnews.com/politics/2015/11/10/oregon-county-directs-sheriff-to-ignore-unconstitutional-gun-laws-raising-legal/?intcmp=hpbt1




     
  2. Double Naught Spy

    Double Naught Spy Sus Venator

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    This seems like a bad idea. Shouldn't an effort be made first to determine what laws the Sheriff should be allowed to ignore, maybe start legal proceedings to contest such laws, etc.? What happens when a new sheriff takes office?

    Are there any legal drawbacks on the sheriff for failing to enforce the law?

    I am all for being pro gun and such, but it seems like the Sheriff will be the one to suffer repercussions if there is a problem, not the county. That puts the risk on his shoulders.
     
  3. Sam1911

    Sam1911 Moderator Emeritus

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    The idea that the Sheriff is capable of, or even physically CAN, decide whether any law is "unconstitutional" is silly on its face. But the extent to which this will be successful or unsuccessful will ride on the Sheriff's innate ability/requirement to use his own discretion in acting and prosecuting.
     
  4. Arizona_Mike

    Arizona_Mike Member

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    The "unconstitutional" part is silly but the foundation of the policy seems to be anti-commandeering which exists in some state constitutions as it does under the Federal constitution.

    Mike
     
  5. JSH1

    JSH1 Member

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    The Sheriff has always had the authority to decide which laws they will strictly enforce and which they will let slide. Nothing new here.
     
  6. yugorpk

    yugorpk member

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    The entire state decided to ignore federal drug laws. I don't see how this is any different.

    The county doesnt HAVE to prosecute anything. Sheriffs don't prosecute. They arrest. If the people f the county decide they don't want to pay someone to enforce the law the feds can always step in if important to them.
     
  7. steve4102

    steve4102 Member

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    Here is the Proposed Ordinance.

    http://www.co.coos.or.us/Portals/0/County%20Clerk/Elections/Election%202015/November%20Election/secondamendmentpreservationordinance.pdf?ver=2015-10-20-111618-217

    Correct me if I'm wrong, but under "penalties", does it not say that any LE that violates this Ordinance may be made a defendant in Civil Proceedings and fined up to $2000. ??
     
  8. MEHavey

    MEHavey Member

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    The uber liberal "Sanctuary Cities" concept [wherein federal law is
    ignored if not outright obstructed) does have two sides.
    What's sauce for the goose... don'cha know.
     
  9. jamesjames

    jamesjames Member

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    I got to vote on that one. The results absolutely drove my liberal friends nuts.
     
  10. JSH1

    JSH1 Member

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    It would be an interesting lawsuit. I have a feeling the county would lose if they attempted to penalize law enforcement officers for enforcing the law.
     
  11. nbrown2500

    nbrown2500 Member

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    I live is Coos Bay and I voted for it. It might not make any headway but at least I got to vote for something I wanted and it passed. That's probably not the best way to look at it but when when your voting against Portland and other liberal cities on the I-5 corridor and loose 100% of the time one small win feels good.
     
    Last edited: Nov 16, 2015
  12. orionengnr

    orionengnr Member

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    I wonder...

    Was the Sheriff's oath "to support and defend the Constitution..." or was it "to uphold the laws of XYZ County..."?
     
  13. bikemutt

    bikemutt Member

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    I feel your joy, and understand it well, living in the north version of the beast :)
     
  14. steve4102

    steve4102 Member

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    Good question.

    Here is an Oath but not Coos County.



    http://www.clackamas.us/sheriff/documents/CCSO-OathOfOffice.pdf


    Emphasis Mine.

    I, _____________________, being first duly sworn, as a Deputy Sheriff, upon oath say and affirm that I will
    support the Constitution of the United States, the Constitution of the State of Oregon, the Clackamas County
    Code, and all the laws thereof, and that I will faithfully discharge my duties in accordance with the lawful
    policies and procedures of the Clackamas County Sheriff’s Office.
     
  15. yugorpk

    yugorpk member

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    The Coos County Sheriff is too busy running down meth labs to bother with crap like this.
     
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