Sheriffs, guns and stationary: County officials weigh in on federal laws
ALBANY, Ore. - Linn County Sheriff Tim Mueller's letter to Vice President Joe Biden saying he won't enforce federal laws banning guns grabbed headlines nationwide.
Mueller said it isn't politics; in his eyes, it's the law.
"A comparison I make is it is illegal for me and my deputies to enforce federal immigration laws," Mueller said, "then they cannot legally expect me to enforce federal gun legislation."
Mueller said he is not against the president's proposals to curb violence.
"I saw some of his executive orders, and there are a lot of things I fully support," Mueller said. "I stand right by him on the piece about increasing mental health. That is huge."
Mueller said the response to his letter has been mostly positive. People have stopped by the sheriff's office just to shake his hand. Hundreds of calls have come in all over the world, and thousands of people have liked or shared the sheriff's letter on Facebook.
Sheriffs in Coos, Douglas and Crook counties have all come out with letters and public statements of their own.
The Lane County sheriff has not joined the rush.
"As the Sheriff of Lane County, I have taken an oath to uphold the Constitution of the United States and the laws of the State of Oregon," Sheriff Tom Turner wrote in a letter released Thursday. "I have upheld that oath for 31 years as a law enforcement officer in our community. While I understand the sense of urgency on behalf of citizens, I believe that any reaction, decision or response to issues that impact the rights of all people should be done so without haste and after careful consideration. Ultimately it is the Supreme Court, not any individual, that determines the constitutionality of any law."
First off, I am 100% against any type of ban, magazine, ammunition, or firearm. An I believe any ban via executive order (or otherwise) is unconstitutional.
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Read what he said. He basically said, wait and see what the administrations plan is. I happen to know he is very pro 2nd Ammendment. He basically agreed with the Coos County Sheriff, stating lets wait and see. And he is right, his priority should be County level priorities not National level matters he has absolutely zero control over. Remember, 51% of the voters in this country voted for what we are now stuck with for 4 more years.
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Sheriff Turner is also correct, the three chambered government (seperation of powers (Congress, Judiciary, Executive)) all serve a function in a Federal Republic (USA). Now, I'm of the opinion that the President (Exec branch) creating law by executive order is less than constitutional (constitution makes no provision for this, and it is a relatively recent beast). According to the Constitution, Congress will enact laws, the Executive branch will enforce laws, and the Judiciary with interperate the constitutionality of the laws.   It is the job of the Supreme Court to determine if any law created in Congress or executive order penned by the President is constitutional. That's their job, that is the only job of the US Supreme Court, determine the constitutionality of laws/issues. Likewise, at the State level it is the State Supreme Court's responsibiltiy (unless the issue is in conflict with the US Constitution, then we jump to the US Supreme Court). We could also talk about the Federal Supremicy Doct, but that will likely side track... It's our right to agree or disagree with the Court's rulling, but that is what the Constitution outlines..
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What we all should really be concerned with (to include all these Sheriffs) is what Salem has in mind. As we've seen for years, States can and have enacted more restrictive State laws regarding firearms (State's Rights/within reason)... As Sheriff Mueller pointed out, his deputies do not currently enforce federal laws (true in Oregon of all police), however Oregon has historically "mirrored" federal gun legislation by creating State legislation which is essentially the same. That's where the Sheriffs focus should be, in Salem where their voices directly impact legislation.
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At any rate, before we all start tooting our horns about this Sheriff or that Sheriff, we should recognize how a functioning (although sometimes debatable) Federal Republic operates. Even if he was anti 2nd Ammendment (which he is not), and he supported draconian bans (which he doesn't), it really wouldn't matter much (aside from public opinion), because as a County Sheriff he has no control over what the Federal Government does or doesn't do...
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Disgusting..absolutely disgusting... The man can't even stand up for the second amendment rights..much less his lip service to the constitution.. This section of Lane county is overrun with libtards and hippies who are too busy smoking their pot and doing hippie things.. to really understand the severity of what is happening in the real world.. Guess all that pot smoking makes em more susceptible to subliminal messaging, and they are so brainwashed now..there would be no hope of recovery
Since it's not the job of a county Sheriff to decide which law(s) to enforce, only Lane County's Sheriff has said anything that makes sense. Â The other boys are just pandering to the lowest common denominator - which from the tone of some of these posts is pretty low. Â
@Ward Payne Do you feel the same about the enforcement of immigration laws?
We have the best Sheriff ever in Tim Mueller! So glad I live in Linn and not Lane county!
 @Fennforests We're glad you do too.Â
Sure would like to see Lane County Sheriff Turner weigh in on this issue.
 @thisBITES! He is a loser, a wimp, bought and paid for by wobblies...
 @thisBITES! Turner did weigh in.  His letter is far more sensible, without the insurrectionist talk of Mueller and, as quoted above, a better understanding that a sheriff doesn't decide what laws are constitutional or not.  See it here:  http://www.kmtr.com/news/local/story/Lane-County-Sheriff-comments-on-gun-control/Y9UH3MVEaEOVAOv3QnGrMA.cspx
Really, then answer how a govenor doesnt carry out what voters elected him to do ( death penalty). you are a big joke.
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 @Shofoeshore As long as we can look at you for the definition of redneck.
Turner is a loser...I am glad he is not my sheriff!
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What majority do you speak of?
 @Shofoeshore Well said..
 @Shofoeshore You sure you're from Oregon.  Sounds more like Mississippi to me.