Oregon sheriff to VP: I won't enforce any new gun laws
ALBANY, Ore. - The sheriff of an Oregon county sent a letter to Vice President Joe Biden on Monday saying he and his deputies would not enforce - nor allow federal officials to enforce - any new federal firearms laws in his county, according to a copy of the letter posted on the Linn County Sheriff's Office website.
"Politicians are attempting to exploit the deaths of innocent victims by advocating for laws that would prevent honest, law abiding Americans from possessing certain firearms and ammunition magazines," Sheriff Tim Mueller wrote in the letter dated January 14, 2013. "Any federal regulation enacted by Congress or by executive order of the President offending the constitutional rights of my citizens shall not be enforced by me or by my deputies, nor will I permit the enforcement of any unconstitutional regulations or orders by federal officers within the borders of Linn County, Oregon.
"In summary, it is the position of this Sheriff that I refuse to participate, or stand idly by, while my citizens are turned into criminals due to the unconstitutional actions of misguided politicians," Mueller said.
Crook County Sheriff Jim Hensley said Tuesday he sent the same letter to Biden that was sent Monday by Linn County Sheriff Mueller.
Hensley told KTVZ officials should consider other factors that may have a role in mass shootings, such as violent video games.
Reached by phone on Monday afternoon, Mueller said he decided to write the letter after he and his deputies kept hearing questions from Linn County residents about their positions on the gun control debate.
“I told my deputies, ‘Hey look, I’m not going to turn otherwise honest citizens into criminals because of some misguided efforts from the U.S. Capitol,’” Mueller said.
He added he wants to “let people know that we’re here to stand up for them.”
“Whether it’s the Second Amendment or the First Amendment, it doesn’t make any difference to me. It’s just that I don’t think Congress should enact any of those types of restrictive laws and regulations, be it from Congress or executive order, that offends the constitutional rights of otherwise responsible and honest citizens,” Mueller said.
The sheriff compared his decision to not enforce any potential gun laws to the restrictions on local law enforcement from enforcing federal immigration laws.
He said if his deputies are told not to enforce those federal laws, it’s unreasonable to expect them to enforce any federal gun laws.
Mueller said he’s heard from a few critics already, but they were all from outside Linn County. As of 9:45 p.m. on Tuesday, the Facebook post with the letter had more than 28,000 shares and 23,000 “likes.”
“That’s the good thing about this country. We can have decent conversations that go back and forth without resorting to name-calling and that sort of stuff,” Mueller said. “People are entitled to their opinions and I have mine, both professionally and personally, and I made this one pretty well known.”
President Barack Obama is set to announce Wednesday his plan to curb gun violence in the United States. The plan is being hailed as the nation's most sweeping effort to curb gun violence in nearly two decades. Obama will urge a reluctant Congress to ban military-style assault weapons and high-capacity ammunition magazines like those used in last month's massacre of 20 elementary school children in Newtown, Conn.
The broad package Obama will announce is also expected to include more than a dozen steps the president can take on his own through executive action. Those measures will provide a pathway for skirting opposing lawmakers, but they will be limited in scope, and in some cases, focused simply on enforcing existing laws.
Obama will announce his proposals in a midday event at the White House, flanked by children who wrote to him about gun violence following the massacre of 20 students and six adults at Sandy Hook Elementary School. Law enforcement officials, mayors from across the country and supportive congressional lawmakers are also expected to attend.
Obama has pledged urgent action to prevent future mass shootings, and his plan — coming just one month after the Newtown attacks — is swift by Washington standards.
The president's framework is based on recommendations from Vice President Joe Biden, who led a wide-ranging task force on gun violence. Beyond the gun control measures, Biden also gave Obama suggestions for improving mental health care and addressing violent images in video games, movies and television.
The Associated Press contributed to this report
If you think antidepressant meds are the problem, you are as ignorant as some of the comments made here.
You never went to Medical school. You never mastered pharmacology. You never mastered statistics. You never treated ONE depressed/suicidal patient.Â
Without SSRIs and other antidepressant meds, the suicidal rate would surely skyrocket.
Don't forget: the shooters were all unemployed, and on welfare! Â Welfare has tripled while out POS POTUS Obama has been in office...maybe he should be tried as an accomplice to murder.Â
We're all safer when ordinary citizens are armed, & can protect themselves from criminals & a corrupt government.
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The duty of a Sheriff is to uphold the US Constitution - same for his Deputies. Sheriff Mueller appears to be doing just that. I wish our Lane County Sheriff would do the same. Â
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The problem in every school shooting has not been that the kids had guns, for many people have guns and don't use them in a murderous fashion. Â The problem is that every school shooter has been on a particular kind of pharmaceutical drug - the SSRI, antidepressant.Â
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For decades in this country one could order almost any type of weapon through the mail - and our crime rate was a fraction of what it is now - mass shootings were nearly unheard of... Why?Â
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Why? Â Because dangerous, new pharmaceutical drugs are in common use now. The fact that every school shooter has been on antidepressants â SSRIs - and that a black box warning on the SSRI label warns that this drug can inspire violence and suicide - reflects more poorly on psychiatrists and pharmaceutical companies than on Sheriffs. See SSRIstories.com and DrugAwareness.org for a discussion of case histories compiled by a psychologist who is an âexpert witnessâ in such cases that go to trial. Once you see the connection, you will find it obvious that the drugs, not the weapons, have pushed people over the edge into committing mass shootings.Â
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"Depression" is not an illness.  It is a sign that someone is carrying a heavy burden of legitimate sorrow. Our country prefers drugs to grieving. But sorrows never go away until they are honestly released. Numbing is not enough. Psychiatrists know that there is no clinical evidence of a "chemical imbalance". They cannot test for "chemical imbalance" - they merely guess - and they know that the SSRI drugs can be very, very dangerous. The drug companies know that these drugs can be very,very dangerous. Both are culpable.
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Guns are inanimate objects. Humans hallucinating on these SSRI drugs, pick up guns - and knives - and other weapons - and use them to kill people. Mental health and wellbeing is not something that can be attained through drugs. We need to rethink our approach to troubled people in our country. And that takes more than a prescription or talk therapy. It takes wisdom and compassion - things they don't usually teach in college or med school. Â
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 @Patricia Robinett You are the most ignorant woman I've known in years!
You never went to Medical school. You never mastered pharmacology. You never mastered statistics. You never treated ONE depressed/suicidal patient.Â
Without SSRIs and other antidepressant meds, the suicidal rate would surely skyrocket.
The shooters were all unemployed, and on welfare! Welfare has tripled while out POS POTUS Obama has been in office...maybe he should be tried as an accomplice to murder. Â
 @Patricia Robinett This is the best comment i've read on here. This needs to be injected into the national dialogue on this topic.
It seems that the Lane county sheriff may be in someones back pocket.. According to KATU..most Oregon sheriffs support our Second Amendment rights..
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http://www.katu.com/news/local/Local-sheriffs-sound-off-on-new-federal-gun-proposals-187364371.html
When such laws are passed as to infringe on our system of checks and balances as they were whether agreed or disagreed it create's by nature an unchallenged entity as per our Fore Fathers proclamation and resolve! Our system of governing which is not a Democracy (hence majority rule) but a Democratic Republic, governed only by our Bill of Rights and our Constitution which is the supreme Law of our Land, to protect even the few if it is constitutionaly provided which amongst these are "certain" inalienable rights such as Life, Liberty, and the pursuit of happiness regardless of situation and the few civil disobediant who challenge and are dealt with according to law which is our only recourse! The system of law deals with the minority of individuals who step outside of our "inalienable rights" and as many times as we have to we respond as such. These changes can only be made to police the few by laws that do not override our original law or infringe on laws already cemented within our foundation as these laws changed or "infringed upon" in the least upsets the natural balance of such absolute power that must be overseen by all which is not a right but a responsibility to all mankind as it were!
My sheriff (Lane Co. OR) responded to a letter of request today on oregon KVAL as well as replied to my personal e-mail to the degree that he will uphold new laws in regards to our 2nd Ammend. only as he is a law enforcement officer, rather than obey the precedent law and system of balance by the oath he swore to keep. This is the very definition of treason to the oath he swore, as well as to render his promise to protect our citizens? It scares many here to have an unchallenged individual in a position of extreme power with no restraint he answeres to as such an oath! The oath is our only guarantee to trust in such individuals and without such guarantee his position and administration has access to to many impliments of War and technological capability to cause a situation of interest as to warrant citizens to be scared for the unchallenged authority and possibility of abuse and corruption of such power unchecked. This certainly makes for civil unrest by proxy, and rightly so even according to our warning from Fore Fathers what these entities and or powers that be would say and or do! S. tay....................................Conceived in Liberty and Dedicated!
 @Shan Taylor Very Sad that some are so caught up into money money money,they forget what their true position as law enforcement is all about.   When election time comes around.. will that person be reelected? most likely not.Second amendment rights in Lane county? specifically the city of Eugene, is ignored and passed over due to the dictatorship established here by certain individuals in positions of power.    Lest we forget... this is the place of occupiers and the catering to..by city officials and police dept.  Could we expect the Lane County Sheriff to stand up and uphold the supreme law of the land? of course not!        Â
Sheriff Mueller, as a relatively close neighbor to your county, who has become interested in a local opportunity within your beautiful countryside, I think it is imperative to my decision to know a few things.
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I trust in the judicial system of our nation, and do not believe it practical for a local rural sheriff to seize the power of the courts and present himself to the public as autocrat of his jurisdiction, superior to United States law. It is worrisome, for then citizens would  need to know what other laws your autocratic noble self would determine to be within his superior judgement in the complexities of judicial and constitutional law.
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Do you have a good grasp of the distinct authority of your position? Or do you have some intentions of creating your own mini country? I find it relevant to any decisions one may make prior to residencial or business relocation within your county. One must know if they are being forced to choose between their love and loyalty to their country as an "American", or if they would prefer to become a "Linnuinian".
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 @freefall_mc It would appear that you don't have a good grasp on the authority of his position.Â
 @PleaseBeSmart "While it is true that the elected Office/Department of Sheriff is granted unique law enforcement and public safety duties and responsibilities (i.e. arresting, imprisoning, taking individuals into custody, etc.) which set an Office/Department of Sheriff apart from other elected state and local officers, the Office/Department of Sheriff is bound by judicial review and by the laws of each state as are other elected governmental officers. As a result, the judicial branch of government is responsible in interpreting the law when conflicts arise between individual citizens and federal, state and local governmental entities in enforcing the law." http://www.ourdigitalmags.com/display_article.php?id=1231156
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Keep in mind, this review of a sheriff's authority and accountability to their oath is by a group of sheriffs. Though it is not a legal review, I would consider the opinion of those who honor it a good place to start in comprehension of their oath of office. Is Sheriff Mueller "speeee-cial"?
 @freefall_mc  @PleaseBeSmart rightsidenews.com/2009050625620/us/homeland-security/your-local-sheriff-the-10th-amendment-and-the-orders-we-will-not-obey.html
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The 10th Amendment keeps the federal government in check because the states have the power to tell the federal government to 'stay out.'
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OH... and I suppose it may be of reasonable interest to a sheriff... I follow legal gun ownership laws, I just don't like to brag.
The second amendment doesn't say anything about assault weapons, or any modern firearm. In fact what the founding fathers had in mind was a single shot muzzle loader--they knew nothing about modern firearms, which are a totally different animal than the guns of their age. I cannot imagine that people with such a concern for individual liberty, life, happiness, innocent till proven guilty, and freedom from tyranny would want the daily gun violence that plagues America or have any trouble with reasonable regulations. The trouble is that it was a gradual evolution and at any particular time people grew used to whatever arms existed as a natural part of the environment. Just like a child raised by mean parents can not tell that that meanness is not normal and despite hating being treated mean himself, acts mean himself. The current gun saturated environment is not normal, we are just habituated to it. The sheriff was raised in that environment and an active participant in it and will never be able to see that it is not normal. Instead these gun right advocates use the confusion caused by the disconnect between what was meant by "arms" back then and the totally different thing it means now. Historically ignorant they repeat nonsense to each other; taking guns from people enabled Hitler to come to power, guns don't kill people, people do, etc. Completely irrelevant nonsense.
@IE2900 You hit the nail right on the head, "guns don't kill people, people do, etc." It really does not matter if the gun is a muzzle loader, or an AK 47. The bullet comes out the end of the barrel and if it strikes something it does damage. A cross bow is a very deadly weapon as is a bow and arrow. A knife or hammer are as deadly as any gun if used effectively. Some guys back in the days of the founders carried several loaded black powder weapons at one time. You don't think the founders knew the capabilities of an individual like that who was practiced. I believe the founders did an exceptual job of making a constitution that would last as long as we are a Republic, and I hope that is at least until all my family are gone. I don't believe the founders would like what some folks have done to the 1st Ammendment, and how it has been twisted and misinterpreted either. So here we are, it comes down to reasonable people doing reasonable things and helping each other, and minding their own business, and living and let live, the Golden rule, etc. etc. That is what it is going to take to solve the problems of this nation. The constant pressures of the media, the government to divide the masses is the problem. I personally believe there will be another civil war in this country. I believe when people get to the point they can't condone other's ways of life it is inevitable.
 @IE2900 you are a classic brainwashed denizen troll.
 @IE2900 At the time the 2nd Amendment was written, the people had much the same weaponry as the government. It was always intended to be that way, as the 2nd Amendment is in place to ensure the people have the ability to overthrow tyrannical government and restore the Constitution. If you read about the opinions of the founders, the mindset of the time, and their thoughts on the matter, perhaps you would know that. And quite frankly, there are very few things that are innately anything and that includes "normal." This is, indeed, normal for our nation.
 @PleaseBeSmart  @IE2900 So... by your rationale, everyone should be constitutionally entitled to own a Mk 19 40mm? http://www.youtube.com/watch?v=yORnaM6uBYE  You know... just in case Linn County's local federal agency employees go all tyrannical on their neighbors.
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I wonder if their BBQs are family friendly.
 @PleaseBeSmart I appreciate your forthright personal opinion on what constitutes "arms" under the 2nd AMD.  Though I may disagree with you, and neither of us may be constitutional lawyers, I believe you would be interesting to have a discussion with on the subject.Â
 @freefall_mc My rationale? Nope, I'm just going off that of the founders. While I'm not sure about this particular model, grenades are legal, as are rocket launchers, etc., so I'm not sure why this would be any different. It's just paperwork and a tax stamp. And as far as I can tell, all the other legal destructive devices haven't been much of a problem.
Agree 100%, retired 31yr police officer. Keep up the good fight. All Law Enforcement Officers should join in to stop the almost daily attack on our Constitution and Freedoms by these nonrepresentative politicians that need to go!
You and the Govenor of Arizona are among the few Real Amercians willing to stand against the unamerican madness.
Thank You & Be Safe Brother
Tim Mueller for President. You got my vote.
I am heartened to see so many people here that comprehend the issues and have clear heads about the gun issues. Â This Sheriff, although he has right to his opinions, is WRONG on his stance. Â Thanks for being smarter than this LANE county! Â Perhaps the reason the crime rate is worse in Linn county might be due to this Sheriff?!
You are wrong and have no clue. Study up on World History. The way tyrannical governments in Germany, Cambodia, China, Cuba, and Russia took freedoms from their people. One of the common methods used by all of them was to disarm the people, followed by oppression. Ask the people in those countries how they suffer.
He is not wrong, he is 100% right according to the Constitution and the citizens he serves. I would think the crime rate in Lane County is low because of him.
 @raqdej How is he wrong, exactly?
I wonder if the Sheriff took an oath to the Constitution or Prezbo? Does he work for his county or for an out of control federal govt?
 @PleaseBeSmart  @raqdej He's wrong to pick and choose which laws he deems important enough to enforce. He's not a constitutional scholar or a judge. He should leave the determination of constitutionality to the judicial system instead of acting like a politiican (which he's not). This is the crap that happens when we let Sheriffs get elected.Â
@TG @jeff g @PleaseBeSmart @raqdej Hmm so the rest of us can determine which laws we feel touches our foundation? Then pick & chose which ones we will follow? Maybe we wait until executive order is proved unconstitutional?
Sure we should just appoint officials like the M Brotherhood does in Libia. If you don't like it, they just cut your head off. It is an insult to say the Sheriff is acting like a politician! We should get rid of elections?? You sound like a Socialist!
 @jeff g  @PleaseBeSmart  @raqdej Neither is the President. I do agree Sheriff Mueller shouldn't be able to pick and choose what laws he and his deputies enforce. But this is not just any law. This is about a huge issue that touches on our very foundation. So, until the executive orders are proved constitutional by the Supreme Court, I am sure there will be many more who take his same stance. In fact, there already are a lot of others taking this stance.
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
Good for him. Bet the Sheriff is reelected. I hope that the Feds do not find anything to charge him with. Who knows with the way this administration is they can always make it up. They have went around the Constitution again.Â
I agree with the sheriff. Has anyone read the book "Hitler's Mountain"? There are some worrysome simularities in what is happening in our govenment today.
a Sheriff with some Balls.
Can I move there?? I want a Sheriff like him!
I'm glad I live in Linn County. We need more law enforcement officers that believe in the "Constitution of the United States of America" !!!
I'LL VOTE FOR HIM !!!
By making his statement, he fully admits to engaging in armed insurrection against both the State of Oregon and the United States of America. Now, that is funny.
 @godless anarchist He's following his oath.
By acknowledging that he will break the laws he has sworn to uphold. Oh, the irony.
 @godless anarchist *sigh* Supreme law supersedes federal law. This really isn't that difficult of a concept.
This is not a man I would vote for. Nor would I feel safe having him "protecting" me.Â
One problem with much of the complaints against him. Executive order/Executive actions are NOT laws. Technically, they are not enforceable by the court system.
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To become a law, the bill has to be passed by BOTH houses of congress then either be signed by the president, or congress has to get the votes to override the veto.
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That is to prevent a rogue president from attempting to become a dictatorship.
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I find no fault with law enforcement no allowing illegal orders from being enforced.
 @Big bfrap No, executive orders are used to enforce existing laws, and therefore ARE enforceable by the court system.  Get it straight, man.
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And if you are concerned about a "dictatorship" from these commonsense gun regulations, then how come all those other countries with even more restrictions (Canada, UK, Australia, Germany, France, Sweden, etc etc) are still thriving democracies? Â Take off your tin foil hat and put down your gun, "Big".
 @Baldr Odinson I guess you're just ignoring the historical examples where a nation's citizens had their gun removed and then it wasn't exactly a "thriving democracy" anymore? :) There are quite a few in Australia trying to get their gun rights back, btw.
 @Big bfrap The sheer magnitude of unsupported legal opinions in this comment thread is hilarious. Â
Then he should be let go as Sheriff. Its not his role to pick and choose which laws he will enforce and it isn't his role to determine if a law is constitutional - that is what we have the courts for.
I'll bet he is still busting people for pot. This guy likes to pick what laws he will enforce.
 @CA Liberal Yes, they are..it is still illegal!!Â
Second Sheriff in Prineville says that same as Sheriff Mueller.. as per KATU news.. So does our Lane county Sheriff need to grow a set, or does ol kitty scare him too much?
@Whitehawk- Lame County has a Lame Sheriff hiding in the kitty litter...