Skip to comments.Minnesotans continue to pursue gun permits in record numbers
Posted on 01/15/2013 10:13:30 PM PST by Tailgunner Joe
Pine County Sheriff Robin Cole has drawn a line in the sand over President Obama's package of gun-control measures to be unveiled Wednesday: If the rules don't pass Cole's constitutional muster, he won't comply.
In a politically charged pre-emptive strike against a set of legislative initiatives and executive orders that have already unleashed heated debate, Cole asserted Tuesday in a letter to his constituents that current state gun laws are sufficient while respecting the right to bear arms "which ... I believe is fundamental to our individual freedom."
Neither the federal government, nor any federal official, can dictate mandates to state and local governments that violate the U.S. Constitution, he wrote, concluding: "I would view any such mandate, regulation or administrative rule as illegal and refuse to carry it out." ....
Cole's letter could presage a legal battle, said Joe Olson, a law professor at Hamline University School of Law and an authority on gun rights issues. Under a 1997 U.S. Supreme Court ruling stemming from the Brady Handgun Violence Prevention Act, local sheriffs are not required to act as agents on behalf of the federal government, he said.
Cole, Olson said, "is completely free to say he won't do that." If he refuses to comply with a regulation, an ensuing lawsuit would determine whether he was in the right.
But at least one gun-control advocate was angered by Cole's threat.
"That's ridiculous," said Joan Peterson, whose sister was murdered and who is now a spokeswoman for the advocacy group Protect Minnesota: Working to End Gun Violence.
"After the Sandy Hook shootings, everything changed in this country. If we cannot come up with reasonable measures to keep guns out of the hands of the mentally ill and AR-15s out of classrooms, then who are we as a country?"
(Excerpt) Read more at startribune.com ...
It appears that CW2 won’t be neatly delineated this time around by geographic lattitude.
Obama set the precedent by not enforcing immigration laws with which he disagreed.
Now, the enforcement of all laws is optional for law enforcement.