Editor;
There is some consternation about the county becoming a 2nd Amendment Sanctuary County. The way I understand it, this came about at the request of the sheriff. And it’s happening all over the state. Why would the sheriff (and the sheriff’s association) push this? What is the role of sheriff? Where does a sheriff get his authority? What constraints are placed on a sheriff?
First, the term sheriff comes from old English; it is a combination of the words shire (county here) and the word reeve which means chief or keeper. A sheriff is the highest law officer in the land and is charged with protecting the citizens of his county. The sheriff is the original peace officer. As an elected official, the sheriff is not subordinate to county commissioners or any other agency like federal officers or state officers. To operate in his jurisdiction, other agencies require his permission. Also, as an elected official, the sheriff is accountable to the electorate and may not be re-elected or worse, recalled when the citizens feel he is not performing his duty.
At a recent workshop, Commissioner Printz said that what government does is infringe on people’s rights. Apparently he doesn’t know the purpose of government. The Declaration of Independence tells us why governments are formed: “That to secure these rights, Governments are instituted among Men”. This is germane because the sheriff takes an oath (like all elected officials) to uphold the Constitution of the United States and Colorado. The Constitution takes precedence over all else and the sheriff of every county is bound to not enforce unconstitutional laws. And determining the constitutionality in the case of Red Flag Laws is really easy.
Many people concentrate on the fact that Red Flag laws infringe on a person’s right to keep and bear arms. That is far from the only right they infringe on. I can easily make a case for 1st Amendment infringements but won’t here. The violation to the 4th Amendment should be obvious. First problem is probable cause. That cannot be hearsay or retribution. Second is the illegal search and seizure part and third is that the person making accusations must swear an oath. Red Flag laws contain no provisions for false accusations.
Red Flag laws also violate the 5th Amendment. The due process should be so obvious that even a Democrat has to agree that due process is violated. “. . . nor shall any person . . . be deprived of life, liberty, or property, without due
process of law.”
So far, Red Flag laws violate a person’s 2nd, 4th and 5th Amendment rights. How about the 6th? No speedy or public trial by jury in Red Flag laws and certainly no opportunity to confront the accuser.
Well at least Red Flag laws don’t violate a person’s 7th Amendment rights. Except the trial by jury part and the once adjudicated can’t be re-examined part. And of course there’s the 8th Amendment which stipulates that no excessive fines may be imposed. I know people whose collections could easily run in the thousands of dollars in value. And add collectibles and the way they will be immediately devalued by law enforcement just makes the fine based on hearsay evidence more excessive.
Whew, at least that should be it right? No, Red Flag laws also violate the 14th Amendment. As some people point out, Red Flag laws violate the due process clause of the 14th Amendment. But there’s more; “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States” clearly says that the state is wrong to enact a law like this and doubly-wrong to enforce one. The sheriff is bound to not enforce laws that don’t follow due process.
So, Red Flag laws violate the 2nd Amendment, true. But more importantly, they also violate the 4th, 5th, 6th, 7th, 8th and 14th.
The sheriff’s job is to uphold lawful laws and the authority to do so comes from the citizens who elected that sheriff. His authority is not dependent on the state or federal government, nor is it dependent on some bureaucrat. And the sheriff is only allowed to enforce lawful, constitutional laws. Not something that is so clearly unconstitutional. Realistically, we shouldn’t say that Custer County is a 2nd Amendment Sanctuary county, rather it is a Constitution Sanctuary County or a Right Sanctuary County.
Dan Bubis,
Custer County