Home Forums Hunting & Shooting Hunter's Campfire County Sheriffs Can Block Federal Gun Control

I can appreciate your contemplating the eventuality of the gun control legislation that's fixin' to be rammed down our throats. However, the president is the chief law enforcement officer in the USA. DOJ is under his control. Just as Eisenhower federalized Arkansas national guard from under Faubus' nose to prevent his using it to prevent integration, Obama can do the same.

Federal law is superior to state & local law. Any state can legalize marijuana; however, DEA can still enforce federal marijuana laws.

Regardless of county sheriffs dispositions, ATF, which is a DOJ agency, will enforce federal law. And if necessary, Obama can federalize every states' national guard units in order to enforce federal law. Moreover, state & local law enforcement agencies are not immune from federal prosecution for interfering with federal law enforcement agents who are attempting to enforce federal law.

Bottom line: feds enact gun control, expect ATF to enforce it in spite of county sheriffs' oaths. County sheriffs are powerless to deny the feds from enforcing federal law.

That's just the way things work as they were designed by our omnipotent federal government. And let there be no mistake: the the US Attorneys Office will make a severe example out of any county sheriff that tries to prevent ATF agents from enforcing federal law.

to piggie back off this, what about county District Attorneys? so what if the sheriff turns a blind eye, who says the DA won't prosecute.

How many "Sheriff Joe"s are out there that have the nads to stand up and fight?

It's my belief that the state attorney general is the chief law enforcement officer for a state. He/she can force a sheriff to do his job or face prosecution.

Some how I am not sure I am buying this. It seems like the sheriffs in Mississippi didn't do such a good job keeping out the FBI in the 1960's. Besides what about the state police? are the sheriffs going to escort them out too?

+1

And the USA is a separate entity from the various states and counties. Within the counties, the highest law enforcement authority is the sheriff. This is incorrect. The Tenth Amendment establishes that that the Federal Government has authority only over those matters delegated to it by the US Constitution, authority over all else belonging to the states and/or the people. One power specifically not delegated to the Federal Government (specifically prohibited, in fact) is that to infringe on the right of the people to keep and bear arms.

TRH,

If you're correct, then states can legalize marijuana, right? Tell that to the DEA. Federal law, whether you want to accept his fact or not, is superior to state law. And I know what the 10th Amendment was supposed to do. When the feds pass laws, THEY become the law of the land. Otherwise, logically, they'd be useless, right?

TRH, I will guarantee you right here and right now that there is no law enforcement officer in this nation above Obama. No one. Zip, zero, zilch, nada. Per the constitution, he is the nation's chief executive. Holder reports to him. DOJ reports to Holder. This is how it in fact does work.


Take care,

Tom

noKnees,

No one, state & local cops included, can interfere with federal criminal investigations.

I wouldn't buy it either. I know. I did local cop work for nigh on 20 years. When the feds want to take over, they take over & there ain't a damned thing local cops can do about it.

I am not sure about other states, but in CA, DA office's have their own sworn criminal investigators.

Not enough, especially, when the feds control the $$$.

This is the complete article:

President Obama has given his comic sidekick the task of pushing gun control measures through Congress. Democrats and some liberal Republicans are calling for more gun control after the tragic shootings at Sandy Hook Elementary School. Some state and municipal politicians, like the #1 anti-gun person in the nation � New York Mayor Michael Bloomberg, are also calling for more control.

But did you know that no matter what gun control laws are passed by the federal government, they can only be enforced in your area if your county sheriff allows them to be.

Most people, including politicians fail to realize that the ultimate legal authorities in the land are the county sheriffs. This was established from the time of the Founding Fathers and upheld by the US Supreme Court in the 1997 case of Printz v. United States. Initially, the case was Mack v. United States, but by the time it reached the Supreme Court it was renamed.

The case involved new federal regulations involved with the Brady Bill and gun control. FBI agents went around to the various county sheriffs and demanded that they follow the new federal guidelines. Then Graham County (AZ) Sheriff Richard Mack and several others saw the Brady Bill as being unconstitutional and refused to impose the new federal guidelines. Part of their defense was that the county sheriff was the supreme law enforcement officer over their county and that the federal government could not supersede their legal authority.

In the court�s decision, Justice Antonin Scalia wrote:
�. . . The great innovation of this design was that �our citizens would have two political capacities, one state and one federal, each protected from incursion by the other�� � �a legal system unprecedented in form and design, establishing two orders of government, each with its own direct relationship, its own privity, its own set of mutual rights and obligations to the people who sustain it and are governed by it.� (P.920)

Justice Scalia then quoted the man considered to be the Father of the US Constitution, President James Madison, when he wrote in the decision:
�[T]he local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority than the general authority is subject to them, within its own sphere.� The Federalist, No. 39 at 245.

Scalia then referred to Gregory, 501 US at 458 when he wrote:
�This separation of the two spheres is one of the Constitution�s structural protections of liberty: �Just as the separation and independence of the coordinate branches of the Federal Government serve to prevent the accumulation of excessive power in any one branch, a healthy balance of power between the States and the Federal Government will reduce the risk of tyranny and abuse from either front.�. . .�

Referring once again to President Madison, Scalia wrote:
�In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.� (P. 922).

In other words, the county sheriff is the highest governmental authority in his county and he does not have to bow to the tyranny of the federal government if he deems such actions to be unconstitutional or unlawful. In essence, the county sheriff has more legal authority within his county than the governor or the state or even the president of the United States.

Today, former Sheriff Richard Mack works with a number of county sheriffs throughout the county, helping them understand the extent of their authority and how they can legally defy the federal government. I would highly recommend that you contact your county sheriff and see if he/she is aware of their powers and duties. If not, get them in contact with Mack and urge your county sheriff to stand up against upcoming unconstitutional gun laws that the liberals are going to try to impose on us.

If you want to learn about the Role of Law Enforcement or on gun control, From My Cold Dead Fingers, from Sheriff Mack, click on the links and share this with your county sheriff, friend, family and anyone else you can think of.


Read more: http://godfatherpolitics.com/8806/county-sheriffs-can-block-federal-gun-control/#ixzz2H1QxswhU

The Governor of the State is the Top Dog of the each State and can refuse any Government Mandate and the Federal Government only option is to sue the State and stop any Federal Funding to the State. The President of this country isn't a King or Dictator , even tho Obama thinks he is. The sheriff of each county follow the orders of the State Governor and not obligated to follow any laws set by the Feds in DC if they choose to do so. This what makes our country different from the Third world nations like Obama came from

rte,

I wouldn't rely upon that article. There's a lot of BS floating around the 'net that people believe because they want to believe it. Before you base any decision upon this article, I'd drop a few "C" notes on good criminal defense attorney's time. But I can save you money. I share DNA with one. This article is BS. If ATF wants to come into your county to seize your guns, it will and your sheriff will not interfere. He ain't gunna wanna be facing fed time, and he will. In fact, the US Attorneys Office will make an example out of the first sheriff that tries.

Reason this through. Since 1934, we've had fed gun control. How many sheriffs have you heard of that have tried to prevent feds from enforcing fed law???

It's not about county sheriffs. It's about DOJ agents enforcing federal law. If your county ain't in the USA, you might be good. If it is, the feds have jurisdiction.

Justice Antonin Scalia disagrees with you.


I would defer to his legal opinion.

Mississippi during the civil rights era is a perfect example of how much power the Feds have over local and state authorities. The three civil rights workers who were killed the Feds arrested the people for their murders, but the state refused to prosecute , so they could only get them on civil rights violation. The state has more power over the Feds than you want everyone to believe.

bea175,

This is from memory alone, but I know I'm pretty close. The FBI went to investigate. Suspects were ID'd & arrested. The FBI used Mafia informants to ID KKK members who were responsible. I am not sure what precisely they were charged with, murder falling under federal civil rights violation. But the suspects went adios for life.

Really? He said the feds have the power to regulate guns.

Post a cite of your enlightening info for me. I'd love to read it.

BTW, bea175, Governor Faubus found out the hard way that Eisenhower wasn't screwing around with state law in conflict with fed law. Eisenhower used the military to enforce desegregation. The US military escorted the Little Rock Nine to school. Faubus, recognizing Eisenhower's resolve and awesome power to enforce federal law, thought more wisely and backed down.

Google: Faubus Eisenhower Brown v Board of Education desegregation us military