Kara Sears
In the United States, sheriffs are elected officials who are responsible for enforcing the laws set forth by state and federal legislators. However, there have been several instances where sheriffs have refused to enforce certain laws, particularly those related to gun control. This phenomenon, known as nullification, has occurred in at least six states: Nevada, New Mexico, Washington, Colorado, Oregon, and Illinois. For example, in Washington, twenty sheriffs stated that they would not enforce Initiative 1639, a gun control measure that includes stricter background checks and raises the legal purchase age for semi-automatic guns. Similarly, in Oregon, several sheriffs refused to enforce new gun control laws, such as bans on high-capacity magazines and permitting systems for firearm purchases. These sheriffs argue that such laws infringe upon their constitutional rights. However, critics argue that allowing sheriffs to decide which laws to enforce threatens the democratic power balance between the branches of government and raises concerns about accountability.
| Characteristics | Values |
|---|---|
| Refusal to enforce gun control laws | Washington, Oregon, Nevada, New Mexico, Colorado, Illinois |
| Refusal to enforce background checks | Washington, Oregon, New York, Colorado |
| Refusal to enforce ban on high-capacity magazines | Oregon |
| Refusal to enforce laws on the grounds of unconstitutionality | Washington, Oregon, New York, Colorado |
| Refusal to enforce laws on the grounds of infringement of Second Amendment rights | Oregon, Arizona, Wisconsin |
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What You'll Learn
Sheriffs in Oregon refuse to enforce gun control laws
In the United States, the power lies with the people to elect officials, including sheriffs, and to petition the government to change laws. However, there have been instances where sheriffs in certain states have refused to enforce gun control laws. For example, in Oregon, a growing list of sheriffs has stated that they will not enforce voter-approved gun restrictions, such as Measure 114, which requires a permit to buy a firearm and bans high-capacity magazines. This is not the first time Oregon sheriffs have refused to enforce gun laws, as eight counties passed Second Amendment Preservation Ordinances in 2018, and some sheriffs also refused to enforce COVID restrictions in 2020.
Similarly, in Washington, twenty sheriffs have said they will not enforce Initiative 1639, which includes gun control measures such as stricter background checks and raising the legal purchase age for semi-automatic guns. In Colorado, several sheriffs are refusing to enforce new gun laws, such as background checks for private gun transfers and outlawing high-capacity magazines.
The refusal of sheriffs to enforce gun control laws has sparked debate and criticism. Some argue that sheriffs should not have the authority to decide which laws to enforce, as it undermines the rule of law and can lead to dangerous consequences. For example, Spokane Sheriff Ozzie Knezovich stated that law enforcement officers should not pick and choose which laws to enforce. In Oregon, a court ruled that the refusal of sheriffs to enforce anti-gun laws embraced "racist and white nationalist ideologies," and was unconstitutional.
On the other hand, sheriffs who refuse to enforce gun control laws argue that they are upholding the Constitution and protecting the Second Amendment rights of their constituents. They believe that they have the discretion to use their judgment in enforcing laws, especially when they believe the laws are wrong or unenforceable. Additionally, in rural counties, sheriffs may face resource constraints and political pressure from their constituents, influencing their decision to not enforce certain laws.
Overall, the refusal of sheriffs in Oregon and other states to enforce gun control laws highlights the complex dynamics between local, state, and federal authorities in the United States, and the ongoing debate over gun control and the interpretation of the Second Amendment.
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Sheriffs in Washington refuse to enforce Initiative 1639
In November 2018, Washingtonians adopted Initiative 1639, which implements several gun control measures, including stricter background checks and raising the legal purchase age of semi-automatic guns from 18 to 21. Despite being approved by nearly 60% of voters, several sheriffs and police chiefs in Washington state have refused to enforce it, believing it to be unconstitutional or unenforceable.
Spokane County Sheriff Ozzie Knezovich, for instance, has stated that he sees nothing within I-1639 for him to enforce. Similarly, Sheriff Mark Howie of Wahkiakum County has said that I-1639 is the first law he has refused to enforce in his 29-year career, and Klickitat County Sheriff Bob Songer has expressed a similar sentiment. In total, twenty Washington sheriffs have stated their refusal to enforce the initiative.
In response to this, Washington's Attorney General Bob Ferguson sent a letter to the state's sheriffs, calling them out for their decision. In the letter, he emphasised that I-1639 is a state law passed by the voters and that local law enforcement officials are required to enforce Washington laws and protect the public, regardless of their personal views. He also highlighted the potential liability of sheriffs and police chiefs who refuse to perform the required background checks, which could result in firearms ending up in the hands of dangerous individuals.
The refusal of Washington sheriffs to enforce Initiative 1639 is not an isolated incident. In Oregon, sheriffs have also refused to enforce certain gun control measures, with some declaring themselves Second Amendment sanctuaries. However, an Oregon judge ruled that these declarations were unlawful, embracing "racist and white nationalist ideologies".
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Sheriffs' refusal to enforce anti-gun laws is ruled 'racist'
In a landmark ruling, an Oregon judge decreed that sheriffs' refusal to enforce anti-gun laws constitutes an endorsement of "racist and white nationalist ideologies". Chief Judge Jim Egan of the Oregon Court of Appeals asserted that sheriffs lacked the authority to establish "Second Amendment sanctuaries", which would result in a fragmented landscape of firearms laws within the state. The ruling specifically targeted sheriffs who implemented a Second Amendment ordinance, deeming their actions as embracing racist and antisemitic beliefs.
This decision serves as a response to the introduction of Second Amendment sanctuaries by sheriffs in Oregon, following the passage of Ballot Measure 114. The ballot measure mandated several gun control measures, including background checks, firearm training, fingerprint collection, and a permit requirement for purchasing firearms. In defiance, the sheriffs sought to create sanctuaries where they could circumvent these regulations.
Judge Egan's ruling has sparked controversy, with the Oregon Firearms Federation vehemently denying the accusations and characterizing the judge's opinion as a "lie" and "defamatory". They further asserted that such statements from a judge could inspire violence and retribution. This incident marks the first legal setback for the Second Amendment sanctuary movement, which has seen sheriffs across the country selectively enforce laws based on their interpretation of the Second Amendment.
The debate surrounding sheriffs' refusal to enforce certain laws is not unique to Oregon. In Washington, Spokane Sheriff Ozzie Knezovich expressed his belief that law enforcement officers should not selectively enforce laws, specifically referencing Initiative 1639, which includes stricter background checks and an increased legal purchase age for semi-automatic guns. Twenty Washington sheriffs have stated their opposition to enforcing this initiative, citing concerns about its constitutionality and enforceability.
The power dynamics between different branches of government further complicate this issue. While the people have the authority to elect officials and petition for legislative changes, the refusal of law enforcement officers to uphold certain laws can disrupt the balance of power and undermine the democratic process. This conflict between local and state authorities highlights the ongoing tension surrounding gun control measures and the interpretation of the Second Amendment.
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Sheriffs' refusal to enforce laws is called 'nullification'
Sheriffs' refusal to enforce laws is a complex issue that has sparked debates and legal controversies across the United States. While some sheriffs argue that they have the discretion to decide which laws to enforce, this practice is often referred to as "nullification" and has historical roots in US constitutional history.
Nullification is a legal theory that asserts states' rights to declare federal laws null and void if they are deemed unconstitutional. The Kentucky Resolutions of 1799 introduced the concept, stating that when a federal law is deemed unconstitutional, the appropriate response is nullification by the states. This idea gained traction during the 1850s, contributing to the Civil War and the end of enslavement. However, it's important to note that nullification has never been upheld by US federal courts, and the Civil War significantly diminished its viability.
In recent times, sheriffs in various states have refused to enforce certain laws, particularly those related to gun control and immigration. For example, in Washington, several sheriffs publicly stated their refusal to enforce Initiative 1639, a voter-approved gun control measure. Similarly, sheriffs in Oregon introduced Second Amendment sanctuaries, refusing to enforce background checks and other firearm regulations. These actions have been deemed unconstitutional and embracing "racist and white nationalist ideologies" by judges.
The refusal to enforce laws by sheriffs and law enforcement officers has raised concerns about the consistency and fairness of law enforcement. Spokane Sheriff Ozzie Knezovich emphasized that law enforcement officers should not selectively enforce laws. While sheriffs have some discretion in how they enforce state laws, they may not unilaterally decline to enforce a law unless a court determines it violates the federal or state constitution. This discretion has been a topic of debate, with some arguing that it undermines the rule of law and leads to a patchwork of inconsistent law enforcement across different counties and states.
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Sheriffs' refusal to enforce laws is not a new phenomenon
In Washington state, for example, Initiative 1639, which implements stricter gun control measures, was passed with nearly 60% of the vote. However, twenty Washington sheriffs stated that they would not enforce it, believing the law to be unconstitutional or unenforceable. This is despite Spokane Sheriff Ozzie Knezovich's statement that law enforcement officers should not pick and choose which laws to enforce.
In Oregon, several sheriffs have also refused to enforce new gun control laws, such as Ballot Measure 114, which requires background checks, firearm training, and a permit to purchase any firearm. These sheriffs have declared their counties to be "Second Amendment sanctuaries," asserting their right to interpret the US Constitution and decide which laws to enforce. However, an Oregon judge ruled that local governments cannot declare themselves Second Amendment sanctuaries and that the sheriffs' refusal to enforce anti-gun laws embraced "racist and white nationalist ideologies."
The refusal to enforce laws by sheriffs is not limited to recent times. In 2013, Nick Finch, the former sheriff of Liberty County, Florida, refused to prosecute a man his deputies had arrested for carrying a concealed pistol without a permit. Finch was suspended from office and prosecuted for official misconduct. Similarly, in 2013, Sheriff John Cooke of Weld County, Colorado, refused to enforce new gun restrictions, and two sheriffs in New York did the same in 2012. These instances demonstrate that while not a new phenomenon, the refusal of sheriffs to enforce laws they deem unconstitutional or unenforceable continues to be a contentious issue in the United States.
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Frequently asked questions
Yes, sheriffs can and have refused to enforce laws. For example, in Oregon, several sheriffs have refused to enforce new gun control laws that ban high-capacity magazines and require permitting systems to purchase firearms.
Sheriffs may refuse to enforce laws they believe are unconstitutional or unenforceable. For instance, sheriffs in Oregon refused to enforce gun control laws, citing defence of the Second Amendment.
The refusal to enforce laws by sheriffs can have significant consequences, including public safety risks and legal implications. For example, in the case of gun control laws, the refusal to enforce background checks or magazine capacity limits could potentially lead to firearms ending up in the hands of convicted domestic abusers or other prohibited individuals.
When sheriffs refuse to enforce laws, there can be legal repercussions. For instance, in the case of Columbia County v. Oregon, the Oregon Court of Appeals ruled that the county's "Second Amendment Sanctuary Ordinance" was preempted by the state's firearms preemption law. The court also condemned the sheriffs' refusal to enforce anti-gun laws as "racist" and embracing "white nationalist ideologies."
