Sheriff: 'I will NOT violate my constitutional oath'
DOUGLAS COUNTY, Ore. -- Douglas County Sheriff John Hanlin has sent a letter to Vice President Biden declaring that his deputies will not enforce any regulations they deem unconstitutional.
The letter was posted to the Sheriff's office Facebook page and their Web site, just about an hour after the president announced his plan for tighter gun laws.
Hanlin becomes the third Oregon sheriff to write a similar letter to the vice president regarding gun control legislation.
Sheriff Tim Mueller wrote a letter on Monday that quickly went viral when it was shared on Facebook.
Sheriff Hanlin writes that he agrees with Mueller, and will not direct his deputies to enforce any "unconstitutional directives."
Hanlin wrote, "The United States Supreme Court has ruled that when a sheriff chooses to enforce an unconstitutional directive, he is violating his Constitutional Oath."
Crook County Sheriff Jim Hensley said Tuesday he sent the same letter to Biden that was sent Monday by Linn County Sheriff Mueller.
This story will be updated
Printz v. U.S.   521 U.S. 898 (1997). The US Supreme Court ruled, in a lawsuit by three sheriff's who objected to Congressional mandate that they enforce provisions of the Brady Bill, that the Constitutional safeguards of separate levels of government (Federal vs. individual states) prevents the federal government from requiring the sheriff's to enforce federal regulations. In the view of the court, if local officials can be compelled to enforce federal regulations, the people have no recourse of relief. It is the DUTY of every citizen to refuse unconstitutional laws, for our founders themselves stated that laws contradictory to the Constitution are no laws at all, and invalid. These sheriff's are doing EXACTLY their job, as hundreds of them across the nation have declared to their constituents.Sheriffs are NOT required to perform background checks for the federal government, and are within their authority to not do so for any new legislation.
Oh and to a question from another poster... I personally DO NOT own a gun, nor feel comfortable around them, HOWEVER I AM A HUGE 2ND AMMENDMENT SUPPORTER, I personally feel alot safer knowing there are millions of good, honest, hard working Americans all around me who ARE ARMED, and could arm me as well in emergency situations...You dont need to be a gun owner to be a supporter of gun ownership, the American heros who are comfortable with guns, are.the balance of power that keeps us free from tyranny and people like barry nobama... read a few history books people, learn what happens to a society that is unable to defend its self. Understand and recognize gun grabs, propaganda, and media distortion of actual events...you are ultimately in charge of the information you expose your minds to, try and make sure, at least at first, you are open to all forms, and systematically eliminate thingss that just seem a bit off to u, or investigate things that dont rest well with you, give ur hearts and instincts more credit than your used to....you can be reasonable and still have doubts about whats being told...stay a step ahead of the mindless masses looking to just be told what to believe or think.
I just want to share my support and respect for Sheriff Hanlin, a TRUE AMERICAN PATRIOT, who recognizes that ABOVE ALL POLLITICAL GAMES AND POWER GRABS, our entire nation from citizens, to police fire rescue, to military, to politicians, and ANY AND ALL AMERICANS, the Constitution in its UNCHANGED AND ABUSED FORMS, is the TRUMP ALL card of law of the land, and any other law made that contradicts or goes against the constitution, is null and void, as well as its creators being treasonous and should be sought out and prosecuted the the fullest extent that the laws allow. SO THANK YOU Sheriff, from Pennsylvania, for being a true American in dark days! GOD BLESS!
Thank you, Sheriff Hanlin. It is a good feeling knowing we have a Sheriff who's promise (oath of office) to the people that elected him has real meaning and that you have the courage to stand up and shoulder the responsibilities you have taken on. God Bless you Sheriff and the people in your department and keep you safe.
How many of the posters here have guns and how many don't? Plus do you want tough laws or not?
@Max3000 How many of the posters here want their names put on a list that may eventually be published in a news paper via freedom of info act, like the people back east are experiencing? Legal gun owners that have registered their guns are now pin-pointed on a map-made public- where any wacko knows where they live and what guns the have. In other words, where they can break in and steal guns. On the other hand, non-gun owners are also pin-pointed. They might as well post signs in their yard saying "Come and get us! We're unarmed!!!" All of the background checks or restrictions in the world would make no difference. If a person has violent intensions, obtaining a weapon is simple. It is the honest person that suffers.
I find it interesting the gun huggers act like "gun control" is brand new. We've had "gun control" laws for decades, and for good reason. Are these tough guy sheriffs still enforcing the existing laws, while ignoring the new ones? That makes them look like fools. Enforce them all, or ignore them all. They're not in a position to choose, and it isn't why they were elected..  Â
 @umpqua rafter THE FOOL is the one who thinks those of us who value the US Constitution will stand by and do and say nothing.Â
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If you don't want your rights under the constitution you are free to leave the country. Â No one wants you other than North Korea and China.Â
@umpqua rafter  Your just a libber and you don't count
 @Ah Shucks  @umpqua What about Reagan and Romney's gun control - AWB? Oh yeah, conservatives like to forget about those. Selective memories.Â
God bless the three Sheriff's that support the constitution of the United States. It is really sad that Obungler has used children killed as a way support his political agenda. I would like you Libtards tell why you want gun control on good law abiding citizens.
 @Ah Shucks Do you know the history of NRA? Google it. NRA helped right strict guns laws back in the 1920's-30's. Now? It is a $20BILLION industry ...........gun makers love the ignorance of it's gun owners....(not all but those like minded such as yourself.)
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This isn't a 'dem/rep' issue. This is an issue that is for all to consider and reflect. You can still have your little guns; not automatics w/100 bullets clips.Â
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Meet me half way?Â
 @lOstsOul_rembrD  @Ah Shucks No meeting with half way. Â
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I tell you what I'll meet you half way on the US Constitution.Â
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I'll keep my 2nd and you shut your mouth ( 1st amendment) Â leave your rights to spout your anti american sentiment in the trash can where they belong. Â
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Better yet, take them to another country like China or North Korea. Â They'll appreciate them.Â
@lOstsOul_rembrD Please don't let us know that you are so old. Banning guns don't work that has be proven. But you being a brainless twit would not realize that. Second they aren't 100 round clips. Again a brainless twit comment. Oblunder is a twit for using kids for his political agenda on gun control.
KVAL: Â Please have someone with opposing views have equal time. His views are sad and extremely one-sided.
Can we please just give Southern Oregon and all their rednecks to California?
 @Dikweed What do you mean? They are FROM California, LOL
 @Dikweed California doesn't want them, how about Utah or Idaho?
Anywhere but here.
It absolutely scares the peewaddins out of me to see the utter ignorance flowing from some of the fingers in this forum.Not only are the occupiers uneducated they seem not to know the gist of the constitution of the United states.The bleeding hearts also seem to lack this same knowledge. Our own sheriff cowers from riling up any of these ignorant people in this section of Lane county,by his own silence and lack of support in enforcing the constitution.We live in a dictatorship here in Eugene and due to lack of funding.. some just hide the head and choose to keep those dictators happy
I own a gun and I believe there should be tougher gun control laws. Increased scrutiny in background checks, a mandatory waiting period, and assault rifle ban would make me feel much safer.
 @kcb123 never go by your silly "feelings"
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I feel..... blah blah blah...
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And the ban does what? Â Everyone "as ordered" by its dictator government ... turns over its guns.... and then what happens after all the law abiding citizens do that?
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Should the criminals automatically start to comply with all laws then as well.Â
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Okay, on that line of thinking...Â
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I'd "feel" better if we let out everyone who committed a crime with a gun, from prison, it would reduce prison costs ... and since they would automatically start obeying all laws, I would immediately feel better AND safer.Â
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yeah right...Â
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Remember, the constitution is all about your "feelings" Â
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Our founding fathers died for the rights you seem to casually disregard.Â
If you don't want your rights, that is shameful, but its your disgrace to bear, not mine.Â
I want my rights and I cherish them and respect them.Â
And your a LibTard.
 @Ah Shucks What are you, 7?
How does this stance differ from that of the homeland Security Dept. with their disregard of laws on the books having to do with our border security and illegal immigration? It's NOT apples and oranges, ya know.
It seems some of you bleeding heart liberals can't read. The man said " I will not enforce an unconsitutional directive as it violates his constitutional oath". Now I ask you, did he say anything about him not enforcing a directive that the courts deem constitutional? I know you must be able to read this but do you understand what he said? What school you went?
Thank you Sheriff Hanlin for supporting the United States Constitution..I firmly believe that our Sheriff dept's and deputies should be our only law enforcement personal in the State of Oregon. Another hats off to this newest sheriff standing up and supporting our constitution.
I love these people who will question whether the Sheriff is doing the right thing, and yet not question what Obama is doing.
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Obama, in his speech this morning said "Now let me be absolutely clear, like most Americans I believe the second amendment guarantees an individual the right to bear arms."
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And yet , he proposes a ban against specific "arms", semi-automatic rifles. Does this seem contradictory to you?
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When does the government get to pick and choose which "arms" are good, and which are bad? This is the right of the American citizens, not a president who wants to dictate by way of executive order.Â
@Zanath Kobowski Remember when Clinton was in office and the liberals were wanting to ban/control hand guns? What about the weapons our gov is selling to other countries so-supposedly- they can 'protect themselves'. And why is it always the lib-wacko's that demonize guns and gun owners?
@Zanath Kobowski  And you and I may disagree with Obama. But Obama needs Congress to pass a bill first - presidents don't make law. And if congress and Obama manage to pass and sign a law that isn't constitutional, that's what the judicial system is for - checking for constitutionality. Local sheriffs are NOT part of that equation.
@jeff g Local sheriff's certainly ARE a part of the equation. They are actually at the top of the equation. They do not serve the government or the judges. They are not put in place by the government. They are elected to office by the people and are answerable only to the people. They are the top law enforcers of the land. The County Sheriff is our nation's last line of defense, for the preservation of our fundamental and individual liberty and our last line of defense against tyranny. Congress can (and has admitted to) making laws that are unConstitutional. Many judges are now making up their own laws or versions of laws rather than enforcing the laws as they are. A Sheriff takes an oath when entering office to protect and defend the constitution ---- they do not take an oath to protect or to enforce unconstitutional laws. Hard for mony people to believe, but Federal agents have no jurisdiction in any county except that they have the approval of, or are invited in by the local sheriff. People should check into the proper role of law enforcement.
Wizzelbee. Thank you for hitting the nail on the head. To many people out there just don't understand how are system works. Sheriff Hanlin is doing the exact thing that the people of Douglas County elected him to do. I've been concerned about how our Sheriff was going to react to Mr. Obama's gun grabbing and unconstitutional orders. And I'm so relieved that Sheriff Hanlin understand his roll as sheriff and just how and why this is so dangerous to the citizens of this country. I'm also grateful that Sheriff Hanlin takes his oath as serious as I do. The last thing I want to add is that when it comes time for Sheriff Hanlin's next election hes got my vote for sure.
Sheriff Hanlin. Thank you sir. I am proud to call your my Sheriff.
 Perhaps we should get rid of our judges, since these police officers are clearly versed enough in Constitutional Law to usurp due process and make unilateral decisions on what's contitutional and what's not. Why have a judicial and political system when a Sheriff can just make law (i.e. the new federal law is not really a law in our county now) on the spot?
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If I were someone who elected one of these fools, I'd be embarrassed. Police are NOT supposed to pick and choose which laws they want to enforce. If they don't like the law, they can fight it using the courtroom and the Supreme Court will have the final say.
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I can just imagine defense attorneys asking deputies, "is it true that your Sheriff has decided to pick which laws it enforces and which ones it doesn't?" This is hardly equitable justice. This is local totalitarianism.
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Sheriffs have a difficult job and they are often very good people and deal with the worst of our scum. But they need to learn their place in our society. "Judge" is not one of them. Enforcer of ALL laws is what they're paid to do. These letters are unprofessional, and they amount to posturing only, given the Supremecy Clause.
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This kind of "I won't do my job"Â stance and posturing does as much damage to our democracy as any anti-gun law.
 @jeff g Printz v. U.S.     521 U.S. 898 (1997). The US Supreme Court ruled, in a lawsuit by three sheriff's, that the Constitutional safeguards of separate levels of government (Federal vs. individual states) prevents the federal government from requiring the sheriff's to enforce federal regulations. In the view of the court, if local officials can be compelled to enforce federal regulations, the people have no recourse of relief. It is the DUTY of every citizen to refuse unconsitutional laws, for our founders themselves stated that laws contradictory to the Consitution are no laws at all, and invalid. These sheriff's are doing EXACTLY their job, as hundreds of them across the nation have declared to their consituents.
 @jeff g I should add that the lawsuit specifically applied to mandates given to the chief law enforcement officer of the various counties to enforce provisions of the Brady Bill.
Can you get any further from the truth. Its clear that you have no idea what your talking about. Hes not picking what laws to up hold and what laws hes not going to up hold. He's keeping his oath to protect and defend the Constitution from enemies foreign and DEMESTIC. He has an obligation to not enforce illegal laws.
If you really want to live in a state or country that doesn't have any regards for the letter of law then maybe you should go move to NY. And go educate yourself about the laws of the land because the crap your spewing is complete and utter BS.
Yet another GREAT Patriot Sheriff! Â WOOT!
There's nothing patriotic about bypassing polical and judicial due process.
Bypassing political and judicial due process? Are you for real? What the heck do you think Obama is doing when he signs executive orders? Hes bypassing congress who is supposed to be making the laws. When you have a president that makes what ever laws he wants then that is nothing short of a dictator. And what part of the second amendment don't you understand when it states that the Second Amendment "shall not be infringed" don't you understand that its Obama that's breaking the lawÂ
@jeff g There is nothing patriotic about the way obama bypasses the Constitutional boundaries of the executive branch of our government, but many don't seem to know or care about that. Lack of education, I'm afraid. Be glad we have a growing number of Sheriff's are out there doing their duty by up-holding their oath of office to protect and defend the Constitution and the citizens rights.
I think this is good..to all that object, please stay in Lane County where there are no jails, no deputies and a Lame Sheriff...
As far as I know, the idea is to make it harder to get guns by having "stronger background checks." Â That has not unconstitutional. Â If you are not able to pass a background check, then it is because that right has been taken from you in a court of law. Â Not Hanlin's law, because it is not his JOB to interpret the constitution.
John Hanlin clearly needs a psych eval as soon as possible. Â It is attitudes like his that will always make me question some policemen's right to legally carry and discharge a firearm.
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@johnnie terwillegaer And how would this background checking information be used and by whom? Suppose you checked out everyones backgrounds for everything you thought necessary. It would change nothing. Habitual drunks would still drink and drive; shop-lifters would still steal; child abusers would still abuse children. Are gang members being disarmed? What would be the guide-lines on who was or who was not fit to own a fire arm? Who would be the ones to make this determination? I have met Sheriff Hanlin and Sheriff Gilbertson from Josephine County. I can assure you that they DO know the Constitution, they understand their duties and honor their oath of office. I have total faith in their judgement.
I'm not sure what makes me more happy, reading the story or seeing Baldr Odinson & his cronies cry & whine. I think the latter.
Hahahahahaha Big head but small brains.
This guy should not be in office if he cannot follow the rules. Does that mean that those who live in Douglas County don't have to obey the law? What kind of leadership is that?
@Bob's Mom Sheriff Hanlin is EXACTLY who should be in office. I am only sorry that all sheriff's across the country do not have the courage to live up to their oath of office. Luckily, the number of those who will honor their duty is growing. This has nothing to do with whether or not the people of Douglas County have to obey the laws. What it means is that Sheriff Hanlin is taking his responsibility as the last line of defense against bad laws passed by the federal government and his oath of office seriously. Thank God for that! You should expect the same from your sheriff. Isn't that why you helped elect him? You need to educate yourself on the role of law enforcement in America. I have met Sheriff Hanlin and Sheriff Gilbertson from Josephine County. I can assure you that they DO know the Constitution, they understand their duties and honor their oath of office. I have total faith in their judgement.
Another insurrectionist gun-luvin' sheriff decides he's above the law of the land. Â Sorry, Hanlin, this isn't the Wild West. Â You don't get to pick and choose which laws you enforce, and since you aren't part of the Legislative branch, you don't get a say in whether a law is constitutional or not. Â My blog post on this: Â http://newtrajectory.blogspot.com/2013/01/insurrectionist-sheriffs-paranoid-about.html
@Baldr Odinson Local sheriff's certainly ARE a part of the equation. They are actually at the top of the equation. They do not serve the government or the judges. They are not put in place by the government. They are elected to office by the people and are answerable only to the people. They are the top law enforcers of the land. The County Sheriff is our nation's last line of defense, for the preservation of our fundamental and individual liberty and our last line of defense against tyranny. Congress can (and has admitted to) making laws that are unConstitutional. Many judges are now making up their own laws or versions of laws rather than enforcing the laws as they are. A Sheriff takes an oath when entering office to protect and defend the constitution ---- they do not take an oath to protect or to enforce unconstitutional laws. Hard for mony people to believe, but Federal agents have no jurisdiction in any county except that they have the approval of, or are invited in by the local sheriff. People should check into the proper role of law enforcement.///// Sheriff Hanlin is EXACTLY who should be in office. I am only sorry that all sheriff's across the country do not have the courage to live up to their oath of office. Luckily, the number of those who will honor their duty is growing. This has nothing to do with whether or not the people of Douglas County have to obey the laws. What it means is that Sheriff Hanlin is taking his responsibility as the last line of defense against bad laws passed by the federal government and his oath of office seriously. Thank God for that! You should expect the same from your sheriff. Isn't that why you helped elect him? You need to educate yourself on the role of law enforcement in America. I have met Sheriff Hanlin and Sheriff Gilbertson from Josephine County. I can assure you that they DO know the Constitution, they understand their duties and honor their oath of office. I have total faith in their judgement------------ (put that on your blog and post it!)
Since this sheriff has decided to pick and choose which laws he will enforce- surely this means as a citizen I get to pick and choose which laws I will obey --right? What a tool.Â
Seems to be a common occurrence with these sheriffs. They think they're above the law and are also the mayor and judge. The people of Crook County finally got tired of the actions of their sheriff and booted him out (nepotism was rampant in his dept in Prineville). People supporting this kind of posturing is what happens when we no longer teach civics in schools.
@jeff g To boot out a sheriff is the right of the people. We elect them. But we also need to make sure we are booting them out for the right reasons. Understanding their Constitutional role as the last line of defense between bad or unconstitutional laws or an intrusive, tyrantical government and understanding and up-holding their oath of office is the reason they should be elected in the first place. When you are lucky enough to get ones like Sheriff Hanlin and Sheriff Gilbertson that know and understand these things, consider yourself lucky. People who were in school at a time when civics was actually taught and not skewed to fit an agenda are the ones who know and understand this. We should be concerning ourselves with what is being taught in our schools and how it's being taught.