Oregon Sheriff: UBC wont be enforced April 15, 2015

[tkdguy]

Oregon
Oregon sheriff says proposed gun background-check law won't be enforced
Published April 15, 2015
FoxNews.com
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An Oregon sheriff said Tuesday that he will not enforce an upcoming state law that expands gun background checks to include private sales, The Herald and News reported.

Sheriff Dave Daniel, from Josephine County, which sits on the border with California, told the paper that it appears that the law is not in line with the county's charter and said he does not have the personnel to pursue violators committing a misdemeanor.


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The Oregonian reported that Senate Bill 941, which passed the state Senate on Tuesday, calls for criminal background checks for private gun transfers. The Beaver State would become the 12th state to adopt the policy. The state already requires a background check at dealerships.

Like any gun law, supporters say any measure that makes it more difficult for a criminal to obtain a firearm is positive. On the other hand, those opposed say criminals will manage to get their hands on a gun anyway and will not be scared off at the thought of committing a Class B misdemeanor.

'I have felonies going on daily in Josephine County. That's my priorities.'
- Sheriff Dave Daniel

The Herald and News report pointed out that Daniel is in a precarious position because state law would seemingly trump the county charter. But Daniel appeared to play down the significance of the law.

"I can't enforce that law, so therefore it won't be enforced," Daniel told the paper. He continued, "I have felonies going on daily in Josephine County. That's my priorities."

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[Member 5605]

Emailed my Sheriff:

With the hype in the current Oregon Legislature surrounding SB941. There have been a few Oregon Sheriff's who have stepped up using their position as what some call 'the highest law enforcement in the land' and are speaking out against this bill claiming that they won't be enforcing it. I may be mistaken but I believe that during the Senate hearing that I watched (home school our son so I was unable to make it to Salem that day) there was one Sheriff who stated he would be instructing his Deputies to overlook the misdemeanor charges and that he is allowed to do that. Of course this would be specifically related to SB941 assuming that the persons were not barred from owning firearms already.

I appreciated your stance earlier when the talk was going around about the open carry ban in Corvallis with no further restrictions on our rights. Thumbs up on that all the way.

What is your stance on this?

I'm sure we both are in agreement in knowing that prohibited persons very rarely volunteer themselves to walk into a gun shop, fill out a 4473 and ask OSP and the Federal government for permission to buy a firearm and would make this a useless bill that only pads the pockets of gunshops and generates extra revenue for OSP where they could increase the background check fees from the $10 of now to their proposed $26 a while back.

If this passes the House of Reps and goes directly into action do you plan to petition the state for more funding or introduce a levy to add to the Benton County Sheriff's budget to help handle these calls? Personally I see it as 'don't ask, don't tell' and what's unknown is left alone.

Thoughts?

Thank you again for your service to this County and most importantly your service to this Nation.

 

[etrain16]

Emailed my Sheriff:

I sent a similar email to my Sheriff last week and, while I did get a response in opposition to SB 941, deferring to the position of the Oregon State Sheriff's Association, rather than taking a more personal stand, and stopping short of saying it wouldn't be enforced. I had hoped for more (Clackamas County), but for now, no such luck.

 

[308]

The Sheriff is well within his rights to use discretion when it comes to enforcing the law.

 

[Member 5605]

While I now just got a response from mine, it's not counted as an official letterhead..

Terms such as "no way to enforce this" came up and opposing "complete registration".

Satiated my thirst. It's exactly how I imagined it to be based on our previous correspondence.

 

[The Heretic]

The Sheriff is well within his rights to use discretion when it comes to enforcing the law.

That's fine, but who runs the State Police?

Answer: the governor.

If you break a state law, who can enforce it?

Answer: the state police.

Who could run a sting op?

Answer: the state police.

Sheriffs making statements is nice, but if the law passes and is enacted, that will have little real world effect as everybody the law applies to (i.e., civilians) will need to comply or risk arrest and prison.

 

[WasrNwarpaint]

cops only say they wont act on this because they dont have you pulled over , bent over the hood of a car, or cuffed ....its lip service propaganda

lets see if you dont get arrested

 

[The Heretic]

Also, once arrested, it is the DA who decides what to charge you with.

 

[FireArm]

I sent a similar email to my Sheriff last week and, while I did get a response in opposition to SB 941, deferring to the position of the Oregon State Sheriff's Association, rather than taking a more personal stand, and stopping short of saying it wouldn't be enforced. I had hoped for more (Clackamas County), but for now, no such luck.

Clackamas county will enforce any law that puts people thru the system.

 

[Martini_Up]

So is he asking for:

a) More $$ and thus deputies to enforce it?

b) Higher penalty (felony) and then he'll enforce it?

 

[dbpep]

So is he asking for:

a) More $$ and thus deputies to enforce it?

b) Higher penalty (felony) and then he'll enforce it?

I don't see anything about the Sheriff saying that he doesn't support the bill. Unless he's just being tactical with his words it sounds like he wants more money and more patrolman.

 

[Dave Workman]

Oregon sheriff says he won't enforce background check law

The sheriff of Oregon's Josephine County made national headlines on Fox News yesterday because he said Tuesday – apparently not for the first time – that if the legislature in Salem passes a so-called "universal background check" bill that he will not enforce it.


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