Sheriff's Authority

ZigZagZeke

Messages
5,260
Reactions
12,342
In the Supreme Court case Printz v. U.S. from 1997 that protected state officers from a federal law that attempted to mandate Brady bill participation. Scalia's summary states:

"We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the State's officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. It matters not whether policymaking is involved, and no case by case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty. Accordingly, the judgment of the Court of Appeals for the Ninth Circuit is reversed. It is so ordered."

In this ruling, sheriffs can find comfort in a federal opinion that supports their power to reject, at their discretion, the enforcement of a federal law and the legal cover it provides. While this ruling prohibits federal legislation from commandeering state officers, it is important to note that Sheriffs do not require permission from a federal court to say "no" to enforcing unconstitutional laws. In the same way states do not require federal permission to nullify unconstitutional laws.

Sheriffs, States and the Supreme Court ? Tenth Amendment Center

And further, a Sheriff would have a sworn duty to actively PREVENT the application and enforcement of such laws.
 
Messages
1,606
Reactions
661
A key finding of Marbury v. Madison holds that unconstitutional laws are "void," meaning that you don't have to wait for them to be overturned by the Supremes, and anybody who tries to enforce them commits a crime.

The Tenth is our last, best hope against a US Congress and Administration gone wild.
 
Messages
295
Reactions
62
AND..................Did not the Federal Government sue Arizona for attempting to enforce Federal immigration law? They can't have it both ways.
 
Messages
4,073
Reactions
5,241
unfortunately all the gooberment has to do is defund the sheriff's office, they get rid of the problem child and have more money for obozos task force.
 

UPCOMING EVENTS

The Lead Farm PRS club match
The Lead Farm
34006 Gwinn Rd, Prosser, WA 99350, USA
Rimfire Challenge Feb 13th @ DRRC
Douglas Ridge Rifle Club
27787 OR-224, Eagle Creek, OR 97022, USA
Project Appleseed
Douglas Ridge Rifle Club
27787 OR-224, Eagle Creek, OR 97022, USA
Albany Rifle & Pistol Club (ARPC) Gun Show
Linn County Expo Center
3700 Knox Butte Rd E, Albany, OR 97322, USA

LATEST RESOURCE REVIEWS

  • A Cut Above Pawn
    5.00 star(s)
    Stupid Stains
    Why would a guy come from Vancouver invited to sell there rifle at your best place to transfer, and STAIN himself, just be cause you have a...
    • Badb57
  • J&B Firearm Sales
    5.00 star(s)
    Great shop, friendly staff!
    J&B is a great local shop with good folks running it. I was looking for a G45 a while ago and wanted the front serrations and no grip notch. I...
  • A Cut Above Pawn
    5.00 star(s)
    Great place for transfers!
    I've done plenty of transfers there, it's close to my office. The staff knows their stuff and always friendly. I've done at least 15 transfers...
  • A Cut Above Pawn
    5.00 star(s)
    Always a pleasure to visit.
    :s0015: I've used this shop for many years, never had an issue. Great prices, everyone I've met working there has been top-notch, and I do like...
  • A Cut Above Pawn
    5.00 star(s)
    My Go To For FTF Transfers and The only FFL I ship to.
    I use a Cut Above for Everything firearm related. I'm in there for something at least weekly. The team is great and the prices are great. You...
Top Bottom