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Oregon sheriff to Joe Biden: We won’t enforce unconstitutional gun laws

Mueller sent a letter to Vice President Joe Biden this week saying he won’t enforce any federal regulation “offending the constitutional rights of my citizens.” He won’t permit federal officers to come to his county to enforce such laws either, he said.

Mueller’s defiant stand exploded into a groundswell of support. His letter — posted on the department’s Facebook page — earned more than 59,000 likes and shares — and was growing by the minute.

Over the weekend, Sheriff Denny Peyman of Jackson County, Kentucky, said that he too will disobey any directive from the administration. He told residents in a town hall meeting that the sheriff has more power than the federal government.

“They need to go back and study that. We are a commonwealth. I can ask federal people to leave, they have to leave. I can ask state people to leave, they have to leave,” he said.

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Cops hate children?

Bishop on January 16, 2013 at 4:02 PM

God bless and keep the State of Jefferson.

Shaughnessy on January 16, 2013 at 4:03 PM

Scalia said in Heller that only handguns for self-defense are protected under the 2nd Amendment, and that the gov’t can regulate magazine size, who can carry, background check requirements, etc.

sooooo, he isn’t really defending the Constitution as much as he’s defending what he wants the Constitution to say…

Rainsford on January 16, 2013 at 4:05 PM

I love this!

HondaV65 on January 16, 2013 at 4:06 PM

Federalism in action. Gotta love it.

nobar on January 16, 2013 at 4:06 PM

One of the enduring legacies of this admin will be how much they drove this country apart.

changer1701 on January 16, 2013 at 4:07 PM

Oregon, a bastion of liberal thinking and living, getting the treatment they voted for…pal, your people want this, deal with it…

right2bright on January 16, 2013 at 4:09 PM

Who cares….all Oregon can think about is CHIP KELLY in Philadelphia

E
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EAGLES!

corujodp on January 16, 2013 at 4:10 PM

“A sheriff does not get to decide whether laws are constitutional,” he said. “Unless a court invalidates a law, he’s obligated to enforce it.”

An Executive Order is not a law.

The Rogue Tomato on January 16, 2013 at 4:12 PM

The Federal government cannot commandeer state and local officials. See: Printz v. United States, 521 U.S. 898 (1997).

Resist We Much on January 16, 2013 at 4:13 PM

“The General rule is that an unconstitutional statute, though having the form and name of law is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of it’s enactment and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.

Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it…

No one is bound to obey an unconstitutional law and no courts are bound to enforce it.” – 16 Am Jur 2d, Sec 177 late 2d, Sec 256

Southern by choice22 on January 16, 2013 at 4:13 PM

One of the enduring legacies of this admin will be how much they drove this country apart.

changer1701 on January 16, 2013 at 4:07 PM

As easy as it is to despise Obama, he is just the maniacal mentality of the left personified. As Rush pointed out: the country can withstand another Obama term but can’t survive an electorate that would reelect him.

The Count on January 16, 2013 at 4:14 PM

sooooo, he isn’t really defending the Constitution as much as he’s defending what he wants the Constitution to say…

Rainsford on January 16, 2013 at 4:05 PM

He will not enforce Federal laws and guess what? He doesn’t have to do so. It’s the Federal government’s job.

Are you complaining about officials in San Francisco or Chicago refusing to enforce immigration laws? How about police in Colorado refusing to enforce Federal marijuana laws?

Resist We Much on January 16, 2013 at 4:16 PM

One of the enduring legacies of this admin will be how much they drove this country apart.

changer1701 on January 16, 2013 at 4:07 PM

True. And one of the funniest things about that is that Obama’s previous career was as a Community Agitator. No one, especially the Legacy Media, ever seemed to ask just what a “Community Agitator” actually did for a living: they stir up resentments between two groups of people for profit and personal gain. And that is pretty much what he’s doing now.

visions on January 16, 2013 at 4:16 PM

Scalia said in Heller that only handguns for self-defense are protected under the 2nd Amendment

Rainsford on January 16, 2013 at 4:05 PM

Oh?

This morning on Fox News Sunday, Justice Antonin Scalia reiterated just how extremely his Constitutional originalism can be applied. Referring to the recent shooting in Aurora, CO, host Chris Wallace asked the Supreme Court Justice about gun control, and whether the Second Amendment allows for any limitations to gun rights. Scalia admitted there could be, such as “frighting” (carrying a big ax just to scare people), but they would still have to be determined with an 18th-Century perspective in mind. According to his originalism, if a weapon can be hand-held, though, it probably still falls under the right to “bear arms”:

WALLACE: What about… a weapon that can fire a hundred shots in a minute?

SCALIA: We’ll see. Obviously the Amendment does not apply to arms that cannot be hand-carried — it’s to keep and “bear,” so it doesn’t apply to cannons — but I suppose here are hand-held rocket launchers that can bring down airplanes, that will have to be decided.

WALLACE: How do you decide that if you’re a textualist?

SCALIA: Very carefully.

Kataklysmic on January 16, 2013 at 4:19 PM

We are all Colt Occupiers now!

trs on January 16, 2013 at 4:19 PM

Scalia said in Heller that only handguns for self-defense are protected under the 2nd Amendment

Rainsford on January 16, 2013 at 4:05 PM

Feel free to paste the applicable quote.

darwin on January 16, 2013 at 4:25 PM

The I-5 Liberals gnash their teeth and rip their garments in disgust.

portlandon on January 16, 2013 at 4:27 PM

Who cares….all Oregon can think about is CHIP KELLY in Philadelphia

E
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G
L
E
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EAGLES!

corujodp on January 16, 2013 at 4:10 PM

What, he left my beloved Ducks for the Eagles (bird fetish?)…I never thought he would leave until his kids were older…I am heartbroken, but glad for him, he is a great coach with a great mind.
One of the few that as a college coach, influenced the pro game.

right2bright on January 16, 2013 at 4:28 PM

Rainsford on January 16, 2013 at 4:05 PM

As each day goes by, I’m caring less and less about what the Supreme Court has said on the subject.

As someone posted elsewhere:

We ALREADY have massive limitations on the right of self defense
We ALREADY have can’t possess certain types of weapons
We ALREADY have cannot possess large caliber guns.
We ALREADY have cannot possess select-fire fullauto firearms
There are ALREADY have limitations on the purchasing a gun and FFL’s selling guns.
There are ALREADY are many embarrassing and obnoxious hoops we have to jump through just to exercise our right of self-defense.
..
And yet, that’s not good enough for the Oppressive gun grabbers, with each and every infringement they force on us, they always come back for more.
..
Well, when can it be said that our fundamental rights have been INFRINGED?
At what point will we say enough is enough?
It is certain that they want to limit our rights out of existence. They have made it plain that they want to take our guns.
Andrew ‘Gun Confiscation’ Cuomo had come out and stated this publicly along with other national luminaries of the socialist left.

How long does the left think it can fool us with their Lies and obfuscation’s?

They like to LIE through their teeth as thought there are NO limitations at present time.

How are you supposed to deal with people who will blatantly LIE to attain power over the people?

Galt2009 on January 16, 2013 at 4:31 PM

States – time to re-acquaint yourselves with the entirely American concept of nullification.

CorporatePiggy on January 16, 2013 at 4:37 PM

corujodp on January 16, 2013 at 4:10 PM

You are correct…good for Chip, tough for Oregon.

Probably not a more difficult school to convince top athletes to move to, and one of the the PAC 12 is difficult to recruit against, and play against (and one of the finest campuses and support from Nike)…but he was so successful.

right2bright on January 16, 2013 at 4:40 PM

I love this!

HondaV65 on January 16, 2013 at 4:06 PM

Why, Obama voter? You voted for EOs and constitution destruction.

kim roy on January 16, 2013 at 4:52 PM

“In fact, the piling on by the political left, and their cohorts in the media, to use the massacre of little children to advance a pre-existing political agenda that would not have saved those children, disgusts me, personally. The second amendment to the Constitution is a basic right of free people and cannot be nor will it be abridged by the executive power of this or any other president.”

Rick Perry is the Governor of Texas.

Schadenfreude on January 16, 2013 at 4:58 PM

Scalia said in Heller that only handguns for self-defense are protected under the 2nd Amendment

Rainsford on January 16, 2013 at 4:05 PM

Liar.

Vince on January 16, 2013 at 5:05 PM

As far as local law enforcement not enforcing federal firearms edicts goes, I’m all for it mainly because the federales don’t want any help on enforcing immigration law. Payback is a cold, cast-iron female dog.

Lots of luck trying to keep the federales out, though.

Steve Eggleston on January 16, 2013 at 5:09 PM

I want to hear similar statements from the FBI Director, the ATF Director and the Joint Chiefs of Staff… that they will protect and defend the Constitution of the United States against all enemies foreign and domestic… including the president.

viking01 on January 16, 2013 at 5:14 PM