Keith Mack
In the United States, the issue of sheriffs refusing to enforce gun control laws has sparked debate, with several sheriffs in states like New Mexico, Nevada, and Colorado publicly declaring their opposition to such measures. While some sheriffs argue that certain gun control laws infringe upon the Second Amendment rights of citizens, others assert that law enforcement officers have discretion in how they enforce laws, especially in officer discretionary states like New Mexico. This discretion, according to Cibola County Sheriff Tony Mace, allows sheriffs to consider the wishes of their communities when deciding how to enforce the law. However, New Mexico's attorney general, Hector Balderas, has countered that law enforcement has a legal obligation to enforce broadened background check requirements, regardless of their personal opinions on the legislation. The controversy surrounding sheriffs' refusal to enforce gun control laws in New Mexico has led to discussions about the potential consequences, including legal liability and financial responsibility if their actions, or lack thereof, result in harm.
| Characteristics | Values |
|---|---|
| Can sheriffs ignore the law in New Mexico? | No, sheriffs do not have the freedom to pick and choose which state laws they enforce. |
| What happens if they refuse to enforce the law? | Sheriffs who refuse to enforce the law can be sued and held financially responsible if a prohibited person obtains a firearm and does harm. |
| What is the law that sheriffs are refusing to enforce? | A law expanding background checks to nearly all private gun sales. |
| What is the justification for refusing to enforce the law? | Sheriffs claim that the law infringes upon the constitutional rights of the state's citizens and that it will be difficult to enforce. |
| What is the "Red Flag" law? | A law that allows relatives, employers, or school administrators to request a law enforcement agency to petition a court for a civil order requiring an individual to surrender their firearms. |
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What You'll Learn
- New Mexico's attorney general says sheriffs must enforce gun control laws
- Sheriffs claim gun control laws infringe on the Second Amendment right to bear arms
- Sheriffs say gun control laws endanger their deputies and the public
- Sheriffs are elected by the people in their communities
- Sheriffs have discretion in how they enforce laws
New Mexico's attorney general says sheriffs must enforce gun control laws
In New Mexico, sheriffs are elected by the people in their communities. In 2019, numerous county sheriffs opposed new gun control legislation that expanded background checks to nearly all private gun sales. At least 26 county commissions approved so-called Second Amendment sanctuary ordinances in opposition. However, Attorney General Hector Balderas warned law enforcement agencies that they were legally obligated to enforce the broadened background checks requirement, regardless of their personal political opinions. Balderas stated that police chiefs and sheriffs could be held liable for damage claims if they failed to enforce the law and a gun sale resulted in a prohibited person obtaining a firearm and causing harm.
The debate around gun control in New Mexico has been ongoing, with some sheriffs arguing that certain laws endanger the liberties of their communities. In 2020, a majority of New Mexico sheriffs opposed the Extreme Risk Firearm Protection Order Act, also known as the "Red Flag" law, which allows courts to require individuals to surrender their firearms within 48 hours if they are deemed a threat to themselves or others. Despite the opposition, the law was signed by Governor Michelle Lujan Grisham, who asserted that ignoring the law was not an option.
While sheriffs in New Mexico have expressed concerns about the impact of certain gun control laws on their communities, the state's attorney general has made it clear that law enforcement agencies must enforce these laws, even if they disagree with the legislation. The attorney general's position emphasizes the importance of upholding validly enacted laws and holding accountable those who fail to do so.
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Sheriffs claim gun control laws infringe on the Second Amendment right to bear arms
The Second Amendment of the U.S. Constitution states: "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." This has been a highly contentious issue, with intense debates around whether the right to bear arms applies to everyone or only those involved with a state militia, and what types of gun control regulations the government may impose.
In New Mexico, a majority of sheriffs opposed the Extreme Risk Firearm Protection Order Act (also known as the 'Red Flag' law), which provides for civil orders requiring individuals to surrender their firearms within 48 hours if a court deems them a threat to themselves or others. The sheriffs argued that the law infringed on the Second Amendment right to bear arms. They also raised concerns about the potential risk to law enforcement and the public, as well as questions about due process rights, searches and seizures, and the prospect of overreach by law enforcement.
The interpretation of the Second Amendment has evolved over time, with the Supreme Court's decision in United States v. Miller (1939) sparking a national debate about gun control. The Court held that the Second Amendment did not apply to certain types of weapons, such as fully automatic rifles. The Court has also clarified that the Second Amendment only prohibits the federal government from infringing on citizens' gun rights, allowing states and local governments to pass gun control laws and regulations.
Despite the NRA's extremist views and opposition to all gun safety laws, the Supreme Court and lower courts have consistently ruled that a wide range of gun safety laws are constitutional. The courts have agreed that gun safety is constitutional, and Americans are safer today due to the successful implementation of gun safety laws. The Second Amendment is compatible with strong firearm regulations, and the right to bear arms does not outweigh the right to live.
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Sheriffs say gun control laws endanger their deputies and the public
In 2019, voters in Washington state approved a package of firearms restrictions, generally called I-1639. This raised the minimum age for buying semi-automatic rifles, tightened background checks, and made it a crime to fail to store a gun safely. The restrictions angered some county sheriffs, who believed that the new laws violated the Second Amendment of the U.S. Constitution.
In Washington state, the sheriffs' autonomy is largely unquestioned. The Democratic attorney general, Bob Ferguson, warned the sheriffs that they might be held liable and sued by a private party if their refusal to conduct background checks resulted in a gun crime. Despite this, only a handful of county sheriffs have publicly committed to enforcing the laws, with some even considering preventing other agencies from doing so in their counties.
In New Mexico, a similar situation arose in 2020 when Gov. Michelle Lujan Grisham signed the Extreme Risk Firearm Protection Order Act into law. This law allows civil orders requiring individuals to surrender their firearms within 48 hours if a court deems them a threat to themselves or others. A majority of New Mexico sheriffs opposed the law, arguing that it endangered their deputies and the public. For example, Sheriff Ferrari stated that the law "can put law enforcement at risk and it also can put the public at risk."
While critics of the New Mexico law primarily centered their opposition around the Second Amendment right to bear arms, others raised concerns about due process rights, searches and seizures, and the potential for law enforcement overreach. In both Washington and New Mexico, the debate over gun control laws has highlighted the role of sheriffs and their interpretation of their duties and responsibilities. Some sheriffs believe that they have a duty to warn the public about legislation that they believe endangers their liberties, even if it means refusing to enforce certain laws.
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Sheriffs are elected by the people in their communities
In the United States, sheriffs are the chief law enforcement officers of a county. They are usually elected by the people in their communities, i.e., the populace, or appointed by an elected body. In 43 out of 50 states, sheriffs are elected to four-year terms; in New Hampshire, they are elected for two-year terms; in New Jersey, three-year terms; and in Massachusetts, six-year terms. The two exceptions where there are no sheriffs are Alaska, which does not have counties, and Connecticut, which replaced its county sheriff system with state and judicial marshals in 2000. Washington, D.C., and the five territories also do not have county governments.
Sheriffs are elected to their positions in all counties except Denver and Broomfield, where they are appointed by the mayor. The Denver Sheriff Department, established in 1969, is in charge of county correctional facilities and court functions, while the Denver Police Department handles law enforcement and investigations. In Broomfield, the sheriff is also the chief of police, and the police officers are simultaneously sheriff's deputies.
In Arkansas, sheriffs are elected in even-numbered years by citizens of their county to serve a four-year term in office, as per the state constitution. The sheriff's department polices unincorporated areas that do not lie within the jurisdiction of a police department. Sheriffs rely on the county's legislative body, the "Quorum Court", for funding and budget approval but are otherwise independent in managing their elected office. They are not accountable to any other elected county official or body.
In California, Alabama, and other counties, the sheriff is an elected official and the chief law enforcement officer in their county.
The "constitutional sheriffs" movement claims that sheriffs have the power to determine the constitutionality of the laws they enforce and can refuse to enforce laws they deem unconstitutional. They base this belief on historical practice and their oath to the Constitution. However, this interpretation has no valid basis in the text or history of the U.S. Constitution, and sheriffs, like all law enforcement officers, are subject to the constraints of their state constitutions and the U.S. Constitution when exercising their law enforcement powers.
In New Mexico, a majority of sheriffs opposed the Extreme Risk Firearm Protection Order Act (also known as the "Red Flag" law), which allows civil orders for individuals to surrender their firearms within 48 hours if a court deems them a threat. While some sheriffs argued that they were elected to warn the public about such legislation, Governor Michelle Lujan Grisham stated that ignoring the law was not an option.
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Sheriffs have discretion in how they enforce laws
In New Mexico, the role of sheriffs as law enforcement officers has been a topic of debate, particularly regarding their discretion in enforcing certain laws. While some sheriffs have acknowledged that their opposition to certain laws may be symbolic, others have asserted their refusal to enforce specific laws they disagree with. This dynamic has been evident in the discussion around gun control measures and ""Red Flag" laws in the state.
New Mexico's attorney general has stated that law enforcement agencies, including county sheriffs, must enforce laws expanding background checks for private gun sales. The attorney general, Hector Balderas, warned that non-compliance could lead to liability for damage claims if prohibited individuals obtain firearms and cause harm. However, several sheriffs in the state have opposed such gun control legislation, arguing that it infringes upon the Second Amendment rights of citizens.
The debate surrounding the "Red Flag" law, or the Extreme Risk Firearm Protection Order Act, further illustrates the complex nature of sheriff discretion in New Mexico. This law allows civil orders requiring individuals to surrender their firearms within 48 hours if a court deems them a threat to themselves or others. A majority of New Mexico sheriffs opposed this law, citing concerns about the right to bear arms and due process rights. Some sheriffs argued that they were elected by the people and should consider the communities' sentiments when deciding how to enforce certain laws.
While sheriffs in New Mexico have expressed their discretion in enforcing laws, particularly those related to gun control, the state's governor, Michelle Lujan Grisham, has pushed back against this notion. Grisham stated that ignoring the law was not an option and accused opposing sheriffs of participating in a ""national misinformation campaign" influenced by the National Rifle Association. The dynamic between sheriffs' discretion and the enforcement of laws in New Mexico continues to be an ongoing discussion, with legal consequences and community sentiments at the heart of the matter.
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Frequently asked questions
No, they cannot ignore the law. However, they can be selective about how they enforce it. For example, in 2019, several sheriffs opposed the introduction of a law requiring background checks on nearly all private gun sales. Despite this, the law was passed.
If a sheriff refuses to enforce a law, they could be held liable for any damage claims that result. For example, in the case of the gun control law, a sheriff who refuses to enforce the law could be held liable if a gun sale results in a prohibited person obtaining a firearm and doing harm.
While sheriffs cannot ignore the law, they can choose how to enforce it, and some have stated they will refuse to enforce certain laws. For example, in 2019, several sheriffs opposed a new gun control law and said they would not enforce it.
No, sheriffs cannot make their own laws. They are elected law enforcement officers who are responsible for enforcing the laws of the state of New Mexico. However, they can choose how to enforce the laws and may refuse to enforce certain laws if they believe they are unconstitutional.
