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State Lawmakers & Sheriffs Vow to Defy Obama’s Executive Orders on Guns

Jan. 17, 2013 6:55am Billy Hallowell

States, Sheriffs Vow to Defy President Obamas 23 Executive Orders on Guns

An AR-15 is seen for sale on the wall at the National Armory gun store on January 16, 2013 in Pompano Beach, Florida. Credit: Getty Images

GRANTS PASS, Ore. (TheBlaze/AP) — From Oregon to Mississippi, President Barack Obama’s proposed ban on new assault weapons and large-capacity magazines struck a nerve among rural lawmen and lawmakers, many of whom vowed to ignore any restrictions — and even try to stop federal officials from enforcing gun policy in their jurisdictions.

“A lot of sheriffs are now standing up and saying, `Follow the Constitution,’” said Josephine County Sheriff Gil Gilbertson, whose territory covers the timbered mountains of southwestern Oregon.

But their actual powers to defy federal law are limited. And much of the impassioned rhetoric amounts to political posturing until — and if — Congress acts.

Senate Majority Leader Harry Reid, a Democrat, said Wednesday it’s unlikely an assault weapons ban would actually pass the House of Representatives. Absent action by Congress, all that remains are 23 executive orders Obama announced that apply only to the federal government, not local or state law enforcement.

Gun advocates have seen Obama as an enemy despite his expression of support for the interpretation of the Second Amendment as a personal right to have guns. So his call for new measures — including background checks for all gun buyers and Senate confirmation of a director of the Bureau of Alcohol, Tobacco, Firearms and Explosives — triggered new vows of defiance.

In Mississippi, Gov. Phil Bryant, a Republican, urged the Legislature to make it illegal to enforce any executive order by the president that violates the Constitution.

“If someone kicks open my door and they’re entering my home, I’d like as many bullets as I could to protect my children, and if I only have three, then the ability for me to protect my family is greatly diminished,” Bryant said. “And what we’re doing now is saying, `We’re standing against the federal government taking away our civil liberties.’”

Tennessee Republican state Rep. Joe Carr wants to make it a state crime for federal agents to enforce any ban on firearms or ammunition. Carr instead called for more armed guards at schools.

“We’re tired of political antics, cheap props of using children as bait to gin up emotional attachment for an issue that quite honestly doesn’t solve the problem,” Carr said.

John Jackson, co-owner of Capitol City Arms Supply shows off an AR-15 assault rifle for sale Wednesday, Jan. 16, 2013 at his business in Springfield, Ill. Credit: AP

Legislative proposals to pre-empt new federal gun restrictions also have arisen in Wyoming, Utah and Alaska.

A Wyoming bill specifies that any federal limitation on guns would be unenforceable. It also would make it a state felony for federal agents to try to enforce restrictions.

“I think there are a lot of people who would want to take all of our guns if they could,” said co-sponsor Rep. Kendell Kroeker, a Republican. “And they’re only restrained by the opposition of the people, and other lawmakers who are concerned about our rights.”

Republican state Sen. Larry Hicks credited Wyoming’s high rate of gun ownership for a low rate of gun violence.

“Our kids grow up around firearms, and they also grow up hunting, and they know what the consequences are of taking a life,” Hicks said. “We’re not insulated from the real world in Wyoming.”

In Utah, some Republicans are preparing legislation to exempt the state from federal gun laws — and fine any federal agents who try to seize guns. A bill in the Alaska House would make it a misdemeanor for a federal agent to enforce new restrictions on gun ownership.

While such proposals are eye-catching, they likely could never be implemented.

“The legislature can pass anything it wants,” said Sam Kamin, a constitutional law professor at the University of Denver. “The Supremacy Clause of the Constitution makes that clearly unconstitutional. Where there’s a conflict between state and federal law, the federal government is supreme.”

Kamin and other legal experts are also making a comparison that is sure to rile gun advocates. They are saying that this intense disdain of Obama’s proposals is reminiscent of former Confederate states’ refusal to comply with federal law extending equal rights for blacks after the Civil War.

A man fires an 22 Cal. look-alike AR-15 rifle at the ‘Get Some Guns & Ammo’ shooting range on January 15, 2013 in Salt Lake City, Utah. Credit: Getty Images

The National Sheriff’s Association has supported administration efforts to combat gun violence after the Sandy Hook Elementary shootings. President Larry Amerson, sheriff of Calhoun, Ala., said he understands the frustrations of people in rural areas with the federal government. But he feels his oath of office binds him to uphold all laws.

“Any sheriff who knows his duty knows we don’t enforce federal law, per se,” said Amerson, a longtime firearms instructor and hunter.

Some rural sheriffs view the federal government as an adversary, with gun ownership at the core of that belief.

In Minnesota, Pine County Sheriff Robin Cole sent an open letter to residents saying he did not believe the federal government had the right to tell the states how to regulate firearms. He said he would refuse to enforce any federal mandate he felt violated constitutional rights.

The Constitutional Sheriffs and Peace Officers Association, based in Fredericksburg, Texas, encourages that point of view. Founder Richard Mack, a former sheriff of Apache County, Ariz., speaks regularly at gatherings of Tea Party groups and gun rights organizations.

“I will tell Mr. Obama and everybody else who wants to impose gun control in America, that whether you like it or not, it is against the law,” said Mack. “Now we have good sheriffs who are standing up and defending the law against our own president.”

These developments follow Sen. Rand Paul’s (R-KY) pledge to propose legislation early next week to “nullify” President Barack Obama’s executive actions on guns.

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Comments (97)

smghvacr
Posted on January 17, 2013 at 7:51pm
To Whom It May Concern:
With everything that is going on with the threat of people loosing there rights,some have already lost them like me..yes i was a bad kid,but
when will i be a freeman.

I first ask for someone to please show me where in our founding fathers papers it states.”the right of the people to keep and bear arms shall
not be infringed accept if the goverment should pass a law that can restrict our right to keep and bear arms anyway they see fit”
It does not say this,it doesnt say criminals,simply put it says,
“THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED” (tHE SUPREME COURT JUST SAID IT AN INDIVIDUALS RIGHT..)
The second point i wish to make is that the powers not delegated to the United States by the Constitution,nor prohibited by it to the States,are
reserved to the states respectively,or to the people.
Please correct me if i am wrong but what part of “The Right of the People to keep and bear arms shall not be infringed”is hard to
understand?
It is in the Constitution!!,so that would mean that every gun law that any state has is unconstitutional becase the Constitution gives us those
rights and the states cannot make laws that go against the CONSTITUTION…
The third point is The enumeration in the constitution,of certain rights,Shall not be construed to deny or disparge others retained by the
people.
What is the bill of rights and what are inaleinable rights?Rights t

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Responsible58-
Posted on January 17, 2013 at 4:18pm
Why not propose a Constitutional Amendment that absolutely clarifies the 2nd Amendment as confirming a fundamental individual right in all Citizens of the USA to possess, own, and lawfully use, acquire, sell, and transfer firearms, whether, handgun, rifle, or shotgun, up to and including semi-automatic action, lever action, pump action, or bolt action firearms and revolvers up to to and including 50 caliber BMG, with either a fixed or detachable magazine of with a capacity of 15 rounds or less and binding on both the States and the Feds. Said right to be amenable to loss or suspension only 1) for life upon the conviction of a violent felony, or 2) suspended upon the conviction of a violent misdemeanor for period not to exceed 5 years from the date of conviction, (criminal stalking or violation of protective court order defined as a violent crime) or 3) suspended for the duration of the condition plus one (1) year, upon a judicial determination that the individual is then suffering from a mental defect (including the use of illegal drugs) constituting an immediate threat. Said mental defect to be determined under the standard that existed on January 1, 2011 according to the law of the State of that person’s residence.

It should also remove knowing infringers from office with a permenant ban and loss of all pay and benefits.

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toto
Posted on January 17, 2013 at 3:45pm
Times for the states that believe in the 2nd Amendment to form state militias with all the Constitutional protections therein. Much like the Swiss, the able bodied CITIZENS with clean records would be sworn in and granted status allowing them to posses of military grade weapons as well as their recreational and home defense weapons. Needs to be done NOW.

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Bikkiboo
Posted on January 17, 2013 at 2:58pm
This just reenforces the secessionist movement, so we can have our Constitutional rights. Maybe Obama and the liberals need to reread the Declaration of Independence to see WHY we fought the Revolutionary War. He’s starting to do what King George did, and many of us want to respond by asking for our freedom. What’s wrong with that?

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Stealth
Posted on January 17, 2013 at 1:57pm
“Kamin and other legal experts are also making a comparison that is sure to rile gun advocates. They are saying that this intense disdain of Obama’s proposals is reminiscent of former Confederate states’ refusal to comply with federal law extending equal rights for blacks after the Civil War.”

Yep, they were all white slave owners who also happened to be southern Democrats! Now, the bloodline has migrated up to the northeast. Can you say Washington D.C., New York etc. Where they want ban firearms completely. I wish people would learn their history a little more.

Do your research on the NRA and see why it was founded. I really don’t understand why the NRA isn’t yelling this from the rooftops!!

Plus, they keep saying that Federal Law trumps State Law, well NOT when it’s an Executive Order!
It’s not law that was implemented by Congress but by over reach of power. Not Constitutional so therefore, NOT enforceable by the Feds. Sorry….

It’s all about control and power for the elite….I WILL NOT COMPLY!

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thegreatcarnac
Posted on January 17, 2013 at 1:28pm
Most gun killings are done by gangs. Most teens are killed because of gangs. Most of these killings are done by pistols though gangs do have substantial long-gun fire-power. It is known that many gangs import automatic weapons just like they import drugs.,,.they are smuggled in. Obama wants the regular public disarmed so they can be at the mercy of criminal gangs. What is his motive for that? So you will be more dependent on the government even for your very safety at all times.

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M4-A1
Posted on January 17, 2013 at 12:44pm
First off their are million upon millions of high capacity magazines out in the public that LAW ABIDING PEOPLE HAVE BOUGHT…..passing a law outlawing them then giving a year to turn them in like NY just did yesterday is not going to work………My Ruger Sr40c came with a 15 round clip and a 10 round clip, which I paid good money for, you think NY that just because you passed a stupid retroactive law banning clips with more then 7 round that I am just going to go down and trun them in your f(u)cking out of your mind Cuomo… so you just made criminals out of every legal gun owner in your state……
your stupid law will be challenge in the coming weeks, you can’t pass a law banning something that was legal yesterday that thousands of New Yorkers bought legally, and now screw them and make them illegal……..see you in court sucker…

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JEANNIEMAC
Posted on January 17, 2013 at 12:15pm
Gun Owner Rights and Obamacare – Yes It Is In The Law
In the Affordable Care Act, the gun lobby’s section is in Title X, starting on page 2,037, line 23.
“Protection of Second Amendment Gun Rights” contains five provisions mostly dedicated to shutting down conversation about guns in medicine. What do these sections contain?
Wellness and prevention programs may not require the disclosure or collection of information relating to the presence or storage of a lawfully possessed firearm or the use of a firearm.
The next provision states we can’t collect data related to owning or using firearms.
Provision three states we can’t use or maintain records of individual ownership or possession of firearms or ammunition.
Provision four limits the ability to determine rates or eligibility for health insurance based on gun ownership..
The final provision related to gun owners is that individuals do not have to disclose they own a gun.

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DebateMe
Posted on January 17, 2013 at 12:14pm
“We’re tired of political antics, cheap props of using children as bait to gin up emotional attachment for an issue that quite honestly doesn’t solve the problem,”

But this is the era where an electorate voted TWICE for obama. The political antics, using children as cheap props to gin up emotional attachement that won’t solve the problem of the issue at hand will ABSOLUTLEY work. There may be nearly half of America that it won’t work on, but it isn’t enough anymore. Most people allow themselves to be sold down the river, hook, line, and sinker by emotional anecdotals all in the name of health and safety. This is the price a country pays when a greater portion of the population fails to learn their history.

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smwk
Posted on January 17, 2013 at 10:55am
“The legislature can pass anything it wants,” said Sam Kamin, a constitutional law professor at the University of Denver. “The Supremacy Clause of the Constitution makes that clearly unconstitutional. Where there’s a conflict between state and federal law, the federal government is supreme.”

The president can sign as many anti-gun executive orders as he wants, the 2nd amendment makes THAT clearly unconstitutional. Where there’s a conflict between the 2nd amendment and the federal government, the 2nd amendment is supreme.

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common cents
Posted on January 17, 2013 at 10:50am
The ONLY time the police are at the scene of a crime when it’s being committed, is when the police are committing the crime! which happens all the time.
Americans should protect their family’s first, then after true justice is done, call the cops to come and make out the report. and remember, “dead men tell no tails” and they don’t go on to victimize anyone else either.

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Sosorryforyou
Posted on January 17, 2013 at 10:50am
@SHORELINE

You are incorrect. Pres. Bush signed around 290 Executive Orders in his eight years. And until yesterday, Pres. Obama had signed only 145 Executive Orders – the least amount of executive orders signed by any President in the last 100 years. Now, he may pass up Pres. Bush when his eight years are done, but if he signs them at the same rate as in his first presidency, he still would be behind almost every other President, including Pres. Reagan who signed approximately 380 E.O.. Do some research.

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Ranger-370
Posted on January 17, 2013 at 10:50am
As a 35 year police veteran I was asked to comment on the presidents actions by our local newspaper. Here is what I told them,

Gun control does not work. If it did Chicago and Washington D.C would have no violent crime. In fact, while having some of the most draconian guns laws in the US both cities have a higher murder and robbery rate than most other cities.

I am a Constitutionalist and I believe in the Second Amendment to keep and bear arms without interference from the government. Nothing I saw in the Presidents unilateral action today will deter criminals but will interfere with law abiding citizen’ rights under the Second Amendment.

In short, it was Washington politics as usual and will do nothing to solve gun crime.

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BODYBAG
Posted on January 17, 2013 at 10:41am
Dont feed the trolls

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right field
Posted on January 17, 2013 at 10:40am
Every state and local law enforcement office takes Federal money and these people will go along to keep their funding. There are no local laws or regulations or rules – there is NOTHING at any level of government that is not tied to the Federal government and Big Governement funding. WE have given up our freedom to get the goodies! All of us are guilty.

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searching for the Truth
Posted on January 17, 2013 at 10:31am
Your gonna have fight this people with all your might because ,and in addition too, there are physicians out there that will lie on your paperwork if one does not comply with their dictates.

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- searching for the Truth
  Posted on January 17, 2013 at 10:35am
  Remember it will only take one person in the household.
  
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aughtsix
Posted on January 17, 2013 at 10:27am
Has anyone commented on the ‘Bamsters “Excessive Odor” No. 6?

6. Publish a letter from ATF to federally licensed gun dealers providing guidance on how to run background checks for private sellers.

Could some one please enlighten this ‘ol Tennessee Hillbilly as to when it became another unconstitutional law for a private seller, I.E. “Gun Show Loophole”, to require a background check? Or transfer of firearms between family and friends?

Please pardon any spelling and/or punctuation errors.

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THX-1138
Posted on January 17, 2013 at 10:21am
My Uzi weighs a Ton.

Come and take it.

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tommytruck
Posted on January 17, 2013 at 10:15am
The REAL weakness introduced yesterday is that Obama is coercing our doctors to violate HIPPA and report to the Federal Government. As they grow the list of those who are too dangerous to have weapons and with the Federal Government firmly embedded in our medical care, the pressure will be tremendous on our doctors to comply or be prosecuted. Did you think it would end with a TAX?

Nazis, Communists, and Facists turned kith and kin against each other. The Brits destroyed Irish families. Wake up now. Stand up now. This world is a dark place and our country certainly is not perfect. However, our founding fathers did their best to ensure we had the BEST opportunity to live free of tyranny. This is how it starts. You better start making sure your kith and kin get this through their heads. That liberal family member you don’t talk to, start talking to them. Those folks you know that just don’t pay attention, get their attention. Start planning. Get to know your neighbors. Have BBQ’s. Make your ties to each other and make the fabric of your social circle strong, before the criminals in our government get their before you do.

And if you are a person of faith, do two things – Pray and live a life that is indicative of that Faith.

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shorelineliz
Posted on January 17, 2013 at 10:08am
Barack Obama has gone way beyond anything you describe above. He has signed well over 100 Executive Orders and he may be nearing almost 200. That is only in the last 4 years. Bush signed only 66 orders in 8 years. Obama is wildly out of control on signing these orders. He is just simply bypassing Congress and making himself not only Dictator in Chief but a legislator. He needs to be stopped. I can’t wait until someone starts impeachment process. He is a traitor. He was not legally elected in 2008 or 2012. He is a Marxist/Communist Chicago thug, a charlatan, a cheat, a liar, a narcissistic bully and he is not even a US citizen. As Clint Eastwood says, “Barack Obama is the biggest hoax ever perpetrated on the American People.”

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Chromo200
Posted on January 17, 2013 at 9:59am
We need the governors of the states file suite that will end up at the Supreme Court and let us see what the out come will be .. I figure it will be a 50 – 50 chance that these Executive Orders are unconstitutional. Since congress specially in the senate don’t have the balls to do anything about EO, I figure the governors may have the guts.

We should keep the lawsuits going re the Federal Gov. specially on these constant and stupid RO from “That Guy”

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hempstead1944
Posted on January 17, 2013 at 9:54am
Apparently, there still remains in America, a few men with some courage to tell the cesspool of DC to go to hell with their illegal laws and regulations.

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OneTermPresident
Posted on January 17, 2013 at 9:49am
Nice post Mary.. I agree.

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jackact
Posted on January 17, 2013 at 9:46am
If only our catastrophic failure of a US dept of education taught the effectiveness of ‘”government for the people, by the people” our numbskull electorate would understand that ALL presidential executive orders are legally trumped by individual STATES RIGHTS.
If we allow this further, kiss your country (and liberty) goodbye.
Stand up people.
Or are you just sheep for the slaughter?

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GuruMeditation
Posted on January 17, 2013 at 9:44am
The Justice Department needs to focus attention on themselves and need to be investigated thoroughly by a special congressional investigation team. Stuff like that. The same goes for the State Department.
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