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Law would fire sheriffs for defying gun control measures
Washington Examiner ^ | March 27, 2013 | Paul Bedard

Posted on 03/27/2013 1:04:06 PM PDT by Free in Texas

Supporters of the 380 sheriffs in 15 states who so far have vowed to defy new state and federal gun control laws claim that legislation is starting to pop up around the nation to fire any state elected or appointed law enforcement official who doesn't obey federal orders.

The first effort emerged in Texas. Legislation proposed by Dallas Democratic Rep. Yvonne Davis would remove any sheriff or law enforcement officer who refuses to enforce state or federal laws.

What's more, it would remove any elected or appointed law enforcement officer for simply stating or signing any document stating that they will not obey federal orders.

A gun lobbyist told Secrets, "Beware because once something like this is introduced in one state, it will be followed very quickly in several other states."

Secrets has charted the growing group of sheriffs opposed to new gun control initiatives. They argue that citizens should be allowed by buy the types of weapons they want to defend themselves. They also claim that there is no way to tell the difference between old rifle and pistol magazines and new ones that President Obama wants to ban.


TOPICS: Constitution/Conservatism; Government; US: Texas
KEYWORDS: banglist; guncontrol; gungrabbingdimocrat; recall; rkba; secondamendment; traitor; treason
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And so they are now attempting negate LEO's that would honor the Constitution.
1 posted on 03/27/2013 1:04:06 PM PDT by Free in Texas
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To: Free in Texas

does this include immigration laws?


2 posted on 03/27/2013 1:05:05 PM PDT by camle (keep an open mind and someone will fill it full of something for you)
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To: Free in Texas
Here is the text of the bill.

-------------------------------------------------------------------------------- 83R5861 JSA-D By: Davis of Dallas H.B. No. 2167 A BILL TO BE ENTITLED AN ACT relating to the removal of a state or local officer for refusing or directing others to refuse to enforce state or federal law. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 66, Civil Practice and Remedies Code, is amended by adding Section 66.004 to read as follows: Sec. 66.004. FAILURE TO ENFORCE STATE OR FEDERAL LAW. (a) For purposes of Section 66.001, a person holding an elective or appointive office of this state or of a political subdivision of this state does an act that causes the forfeiture of the person's office if the person: (1) wilfully fails to enforce a state or federal law in the course of the person's official duties; (2) directs others subject to the person's supervision or control as a public official not to enforce a state or federal law; or (3) states orally or in writing that the person does not intend to enforce a state or federal law in the course of the person's official duties. (b) For purposes of this section, "law" includes any rule, regulation, executive order, court order, statute, or constitutional provision. (c) This section does not apply to a law: (1) that has been held to be invalid by a court with jurisdiction over the territory served by the officer; or (2) the validity of which is currently being challenged in a court with jurisdiction over the territory served by the officer. (d) The attorney general or appropriate county or district attorney shall file a petition under Section 66.002 against an officer to which Subsection (a) applies if presented with evidence, including evidence of a statement by the officer, establishing probable cause that the officer engaged in conduct described by Subsection (a). The court in which the petition is filed shall give precedence to proceedings relating to the petition in the same manner as provided for an election contest under Section 23.101, Government Code. (e) If the person against whom an information is filed based on conduct described by Subsection (a) is found guilty as charged, the court shall enter judgment removing the person from office and disqualifying the person from public office for a period of 10 years. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.

3 posted on 03/27/2013 1:05:27 PM PDT by Free in Texas (Member of the Bitter Clingers Association.)
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To: camle

Of course not. That would hit the law makers and we can’t have that.


4 posted on 03/27/2013 1:07:06 PM PDT by spudville
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To: camle

(Smiling)I think you know the answer to that question.


5 posted on 03/27/2013 1:07:34 PM PDT by Free in Texas (Member of the Bitter Clingers Association.)
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To: Free in Texas
MOLON LAVE!
6 posted on 03/27/2013 1:09:09 PM PDT by TigersEye (The irresponsible should not be leading the responsible.)
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To: Free in Texas

Sherrif’s are unique in that they are sworn to uphold The Constitution... not any Federal Law trying to trump it.


7 posted on 03/27/2013 1:09:26 PM PDT by Mr. K (There are lies, damned lies, statistics, and democrat talking points.)
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To: Free in Texas
Legislation proposed by Dallas Democratic Rep. Yvonne Davis...

Legislation proposed is a whole lot different than legislation passed, especially on this issue, this stance, from a democrat, and in Texas.

8 posted on 03/27/2013 1:09:56 PM PDT by thackney (life is fragile, handle with prayer)
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To: Free in Texas
Legislation proposed by Dallas Democratic Rep. Yvonne Davis would remove any sheriff or law enforcement officer who refuses to enforce state or federal laws.

I thought the Dems were against sheriffs enforcing federal laws.

9 posted on 03/27/2013 1:10:17 PM PDT by SampleMan (Feral Humans are the refuse of socialism.)
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To: Free in Texas

I believe Texas will tell them to pound sand.


10 posted on 03/27/2013 1:10:22 PM PDT by JohnD9207 (Isn't freedom worth fighting for?)
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To: Free in Texas
How can you "fire" an elected official? That's got to be unconstitutional.

What's the point of having the people elect someone, if some bureaucrat somewhere has the power to overturn the people's choice at any time?

The only way to remove an elected official is through impeachment, recall elections, expulsion by their chamber, term limits, or failed reelection.

-PJ

11 posted on 03/27/2013 1:10:31 PM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: Free in Texas

What about a law to fire those who fail to fire the sheriffs?


12 posted on 03/27/2013 1:11:51 PM PDT by Jyotishi (Seeking the truth, a fact at a time.)
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To: Free in Texas

You can’t fire an elected official.

And just who is going to physically remove a sheriff from his position?


13 posted on 03/27/2013 1:11:59 PM PDT by SeaHawkFan
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To: Free in Texas
Does this law apply to failure to enforce immigration laws?

-PJ

14 posted on 03/27/2013 1:12:17 PM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: Free in Texas
for reference:


             

15 posted on 03/27/2013 1:13:33 PM PDT by tomkat
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To: Free in Texas

Why are these people helping Obama disarm America and what's in it for them?

16 posted on 03/27/2013 1:13:48 PM PDT by Errant
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To: SeaHawkFan
And just who is going to physically remove a sheriff from his position?

I guess Big Sis and her 3 billion bullets...

17 posted on 03/27/2013 1:14:05 PM PDT by COBOL2Java (Fighting Obama without Boehner & McConnell is like going deer hunting without your accordion)
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To: Mr. K

That is somewhat reassuring. Most of the sherrifs out this way in my county consider armed citizens to be their allies. And they’re all the law we have out here.


18 posted on 03/27/2013 1:14:08 PM PDT by Free in Texas (Member of the Bitter Clingers Association.)
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To: camle
You beat me to it. What about “sanctuary cities” where illegals are invited to come live as law-breakers, with the blessing of the federal government? We need to establish “sanctuary regions” for states where the sheriffs have pledged to support our Second Amendment rights in the face of unconstitutional infringement. And then see how the hypocritical gun-grabbers try to differentiate between the two.
19 posted on 03/27/2013 1:15:14 PM PDT by mrsmel (One Who Can See)
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To: Free in Texas
The first effort emerged in Texas. Legislation proposed by Dallas Democratic Rep. Yvonne Davis would remove any sheriff or law enforcement officer who refuses to enforce state or federal laws.

Where's her concern over a POTUS, DHS director or U.S. Attorney General who refuse to enforce Federal laws?

20 posted on 03/27/2013 1:17:14 PM PDT by liberalh8ter (The only difference between flash mob 'urban yutes' and U.S. politicians is the hoodies.)
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To: thackney
Amen.........

I'd guess...this will not pass.

21 posted on 03/27/2013 1:18:08 PM PDT by Osage Orange (Life is a bitch. If it was easy, we would call it a slut)
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To: Political Junkie Too

The Constitution means nothing to a democrat..


22 posted on 03/27/2013 1:19:18 PM PDT by baddog 219
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To: Free in Texas

What would Michael Collins do?


23 posted on 03/27/2013 1:20:51 PM PDT by Noumenon (One individual with courage, determination and a rifle can change the course of history.)
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To: Free in Texas
Legislation proposed by Dallas Democratic Rep. Yvonne Davis would remove any sheriff or law enforcement officer who refuses to enforce state or federal laws.

How are you going to enforce that, Yvonne?

Yvonne: "You're not enforcing the law, Sheriff!"

Sheriff: "I haven't found any lawbreakers."

24 posted on 03/27/2013 1:22:00 PM PDT by TigersEye (The irresponsible should not be leading the responsible.)
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To: SeaHawkFan
You can’t fire an elected official.

But you can indict an official--like Blago--try and incarcerate him.

Wouldn't they do that?

Related question: is there any way that a judge might deny a defendent a jury trial? What about trying the individual outside of the original jurisdiction. Could a DA move the trial to increase the odds? Prosecutors can also bury defendants with additional charges and seize assets.

This is not cut and dried, I'm afraid.

25 posted on 03/27/2013 1:22:31 PM PDT by tsomer
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To: Free in Texas

Many sheriffs have said that Colorado laws banning magazines are unenforceable. The governor has no authority to change the Second Amendment anyway.


26 posted on 03/27/2013 1:23:49 PM PDT by mountainlion (Live well for those that did not make it back.)
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To: SeaHawkFan

“And just who is going to physically remove a sheriff from his position?”

Reminds me of the Andrew Jackson quote- “John Marshall has made his decision, now let him enforce it!”


27 posted on 03/27/2013 1:24:19 PM PDT by READINABLUESTATE ("We must hang together, gentlemen...else, we shall most assuredly hang separately." - Franklin)
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To: Errant

Look at me, NOT being surprised...

Yes, indeed. Every democrat needs to be put on the spot with the question

“what do you intend to do after the people are disarmed that you can’t do before?”


28 posted on 03/27/2013 1:24:25 PM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: Free in Texas

More proof IMO of why no Democrap should ever be elected to anything. They haven’t a clue about our Constitution, or the reasons for why it is what it is. Over two hundred thirty plus years, and they don’t get it.

It requires too much brainwork from a Democrat.


29 posted on 03/27/2013 1:24:53 PM PDT by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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To: tsomer

how about a law that puts legislators in jail for adopting unconstitutional laws. No more valid util judge stops it when you KNOW it is unconstitution on its face.


30 posted on 03/27/2013 1:25:46 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: SeaHawkFan
And just who is going to physically remove a sheriff from his position?

Look up "Battle of Athens" in Youtube.

31 posted on 03/27/2013 1:25:46 PM PDT by BerryDingle (I know how to deal with communists, I still wear their scars on my back from Hollywood-Ronald Reagan)
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To: Political Junkie Too

“recall elections,”

Texas doesn’t have recall elections for county or state offices. Our recall is the next election to dump the office holder.


32 posted on 03/27/2013 1:29:56 PM PDT by Marcella (Prepping can save your life today. Going Galt is freedom.)
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To: Free in Texas

Didn’t the Brady law stipulate that sheriffs were to do background checks? They refused and took it all the way up to the Supreme Court. They won.


33 posted on 03/27/2013 1:31:09 PM PDT by goldi
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To: Marcella

Davis is in a “safe” gerrymandered district. She is in one of those districts that even if you were arrested for drug smuggling, she would be re-elected. That being said, she is grandstanding for her ultra-left constituancy. This won’t even get a hearing in committee.


34 posted on 03/27/2013 1:32:34 PM PDT by rstrahan
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To: Free in Texas

And what happens if the people rally around their local sheriff and block any attempt to remove him from office ... with force if necessary?

This could get very interesting, very soon.


35 posted on 03/27/2013 1:34:26 PM PDT by DNME (Without the Constitution, there is no legitimate U.S. government. Period.)
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To: Osage Orange; thackney

This bill will never get out of committee, let alone become Texas law.


36 posted on 03/27/2013 1:34:41 PM PDT by harpu ( "...it's better to be hated for who you are than loved for someone you're not!")
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To: Free in Texas

Dallas Democratic Rep. Yvonne Davis should be the immediate subject of a recall election.

Texans?


37 posted on 03/27/2013 1:36:36 PM PDT by MeganC (The left have so twisted public perceptions that the truth now appears pornographic.- SpaceBar)
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To: Free in Texas

This means Obama will be gone for refusing to enforce any law he doesn’t like.

/s


38 posted on 03/27/2013 1:37:04 PM PDT by Iron Munro (Welcome to Obama-Land - EVERYTHING NOT FORBIDDEN IS COMPULSORY)
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To: TigersEye
MOLON LAVE!

Come and bathe? It's a nice thought but somehow just doesn't have that fierce a ring to it.

39 posted on 03/27/2013 1:45:08 PM PDT by facedown (Armed in the Heartland)
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To: Free in Texas

How about a law firing any Representative or other elected official who votes for a law that violates the 2nd Amendment?


40 posted on 03/27/2013 1:45:23 PM PDT by Above My Pay Grade (The people have the right to tell government what guns it may possess, not the other way around.)
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To: Free in Texas

I like it, “fire Obam a ramma.”


41 posted on 03/27/2013 1:45:55 PM PDT by JamesA (You don't have to be big to stand tall)
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To: facedown

You have been misinformed. Molon lave means ‘come and get them.’ A FReeper told me that a Greek friend of his confirmed that that is the correct spelling.


42 posted on 03/27/2013 1:51:41 PM PDT by TigersEye (The irresponsible should not be leading the responsible.)
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To: goldi

I did not know that. Thanks.


43 posted on 03/27/2013 1:53:07 PM PDT by Free in Texas (Member of the Bitter Clingers Association.)
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To: TigersEye
In Greek it is:

I don't know how you go from Beta to a "V".


44 posted on 03/27/2013 2:03:46 PM PDT by thackney (life is fragile, handle with prayer)
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To: thackney; facedown
The Firing Line

If you guys are really interested in a debate on it there is one on that forum.

I don't know how you go from Beta to a "V".

Here is what one poster said about that...

My mother is Greek and I speak the language fluently.

What most people don't realize is the Greek alphabet doesn't have a "B" sound. "Beta" is pronounced "Veeta".

That's why the Greek word for Beer is pronounced "Beera" but is spelled (substituting English letters here) the equivalent of "MPyra" because the mu-pi (MP) sound is the closest thing to "B" in the language.

So that's how you go from Beta to V.

45 posted on 03/27/2013 2:12:00 PM PDT by TigersEye (The irresponsible should not be leading the responsible.)
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To: TigersEye

Interesting the claim that all the decades of Greek Alphabet tables are wrong...


46 posted on 03/27/2013 2:13:53 PM PDT by thackney (life is fragile, handle with prayer)
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To: thackney

No one claimed that.


47 posted on 03/27/2013 2:14:48 PM PDT by TigersEye (The irresponsible should not be leading the responsible.)
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To: TigersEye

And from your link, the next two posts read:

- - - - -

Yes, Greek doesn’t have a b sound now . 2500 years ago beta was pronounced as a b. Ask anyone who knows classical Greek.

- - - - -

You’re quite right- the ancient pronunciation would have been like a “B”.

However, as you can see from this site, there are additional complications...

http://www.ancientscripts.com/greek.html


48 posted on 03/27/2013 2:15:46 PM PDT by thackney (life is fragile, handle with prayer)
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To: TigersEye
No one claimed that.

Then it is a "B", not a "V".

49 posted on 03/27/2013 2:16:56 PM PDT by thackney (life is fragile, handle with prayer)
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To: thackney
You’re quite right- the ancient pronunciation would have been like a “B”.

That isn't what the poster said is it?

50 posted on 03/27/2013 2:17:35 PM PDT by TigersEye (The irresponsible should not be leading the responsible.)
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