| Decatur, Ala. | Wednesday, May 22, 2013 |
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GRANTS PASS, Ore. — From Oregon to Mississippi, President Barack Obama’s proposed ban on new assault weapons and large-capacity magazines struck a nerve among rural lawmen and lawmakers, many of whom vowed to ignore any restrictions — and even try to stop federal officials from enforcing gun policy in their jurisdictions.
“A lot of sheriffs are now standing up and saying, ‘Follow the Constitution,’ ” said Josephine County Sheriff Gil Gilbertson, whose territory covers the timbered mountains of southwestern Oregon.
But their actual powers to defy federal law are limited. And much of the impassioned rhetoric amounts to political posturing until — and if — Congress acts.
Senate Majority Leader Harry Reid, a Democrat, said recently it’s unlikely an assault weapons ban would actually pass the House of Representatives. Absent action by Congress, all that remains are 23 executive orders Obama announced that apply only to the federal government, not local or state law enforcement.
Gun advocates have seen Obama as an enemy despite his expression of support for the interpretation of the Second Amendment as a personal right to have guns. So his call for new measures — including background checks for all gun buyers and Senate confirmation of a director of the Bureau of Alcohol, Tobacco, Firearms and Explosives — triggered new vows of defiance.
In Mississippi, Gov. Phil Bryant, a Republican, urged the Legislature to make it illegal to enforce any executive order by the president that violates the Constitution.
“If someone kicks open my door and they’re entering my home, I’d like as many bullets as I could to protect my children, and if I only have three, then the ability for me to protect my family is greatly diminished,” Bryant said. “And what we’re doing now is saying, ‘We’re standing against the federal government taking away our civil liberties.’”
Tennessee Republican state Rep. Joe Carr wants to make it a state crime for federal agents to enforce any ban on firearms or ammunition. Carr instead called for more armed guards at schools.
“We’re tired of political antics, cheap props of using children as bait to gin up emotional attachment for an issue that quite honestly doesn’t solve the problem,” Carr said.
Legislative proposals to pre-empt new federal gun restrictions also have arisen in Wyoming, Utah and Alaska.
A Wyoming bill specifies that any federal limitation on guns would be unenforceable. It also would make it a state felony for federal agents to try to enforce restrictions.
“I think there are a lot of people who would want to take all of our guns if they could,” said co-sponsor Rep. Kendell Kroeker, a Republican. “And they’re only restrained by the opposition of the people, and other lawmakers who are concerned about our rights.”
Republican state Sen. Larry Hicks credited Wyoming’s high rate of gun ownership for a low rate of gun violence.
“Our kids grow up around firearms, and they also grow up hunting, and they know what the consequences are of taking a life,” Hicks said. “We’re not insulated from the real world in Wyoming.”
In Utah, some Republicans are preparing legislation to exempt the state from federal gun laws — and fine any federal agents who try to seize guns. A bill in the Alaska House would make it a misdemeanor for a federal agent to enforce new restrictions on gun ownership.
While such proposals are eye-catching, they likely could never be implemented.
“The legislature can pass anything it wants,” said Sam Kamin, a constitutional law professor at the University of Denver. “The Supremacy Clause of the Constitution makes that clearly unconstitutional. Where there’s a conflict between state and federal law, the federal government is supreme.”
Kamin and other legal experts said such disdain of Obama’s proposals is reminiscent of former Confederate states’ refusal to comply with federal law extending equal rights for blacks after the Civil War.
The National Sheriff’s Association has supported administration efforts to combat gun violence after the Sandy Hook Elementary shootings. President Larry Amerson, sheriff of Calhoun, Ala., said he understands the frustrations of people in rural areas with the federal government. But he feels his oath of office binds him to uphold all laws.
“Any sheriff who knows his duty knows we don’t enforce federal law, per se,” said Amerson, a longtime firearms instructor and hunter.
Some rural sheriffs view the federal government as an adversary, with gun ownership at the core of that belief.
In Minnesota, Pine County Sheriff Robin Cole sent an open letter to residents saying he did not believe the federal government had the right to tell the states how to regulate firearms. He said he would refuse to enforce any federal mandate he felt violated constitutional rights.
The Constitutional Sheriffs and Peace Officers Association, based in Fredericksburg, Texas, encourages that point of view. Founder Richard Mack, a former sheriff of Apache County, Ariz., speaks regularly at gatherings of Tea Party groups and gun rights organizations.
“I will tell Mr. Obama and everybody else who wants to impose gun control in America, that whether you like it or not, it is against the law,” said Mack. “Now we have good sheriffs who are standing up and defending the law against our own president.”
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Associated Press writers contributing to this report: Nicholas Riccardi in Denver, Ben Neary in Cheyenne, Wyo., Erik Schelzig in Nashville, Tenn., John O’Connor in Springfield, Ill., Amy Forliti in Minneapolis and Emily Wagster Pettus in Jackson, Miss.
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Don't tread on me! How many bullets does the president have guarding him at all times. I'll bet it's more than ten.
Obama is a power drunk lunatic just like Hitler and Castro. God please protect our country from this third world reject of a loonie that we have for a president he has lost his mind , he thinks he is the one and only power in this country , he thinks he is king or God , he needs to be Impeached only solution for his mess , we tried to vote him out and they fixed the elections to their favor so maybe we can start a wave in our great country to impeach his worthless butt before he destroys what is left of it. He wants drug cartels and Illegals to have Illegal guns , but wants to take them from legal citizens who have done nothing, makes no sense
You folks are more mad at the president than you are at the guy that mowed down the movie theater, or the guy that mowed down the mall, or the guy that mowed down the kindergarten, or the guy that mowed down the firefighters,etc... Be angry at the president if you want, just be more angry at the killers that couldn't handle owning weapons of mass destruction. They are the ones that ruined it for everyone else.
You guys need to examine your values.
the weapons did not do anything and banning them will only do one thing , increase crime rates and impinge on our rights as free americans. you can ban every weapon out there and Idiots like you described will obtain weapons one way or another , I doubt any of them were obtained by them legally , if so the laws governing buying them is flawed not the weapons , to lax about who gets them in their hands , not the type of weapon, they will obtain one no matter waht . What makes you think if you are in your right mind that criminals and loonies will obey laws ? or bans or anything else ? They are defective in the brain area or they would never have committed these awful crimes to begin with. Need better screening and communication between the loonie doctors and the BATF for their reocrds and that is not going to stop an Idiot hell bent on killing someone, they will buy a street weapon from say the drug cartels that Obama provided with weapons hmmmm ? No comment? he betrayed the American trust that time too giving guns to mexican drug cartels , they have turned up all over the world in crimes thanks to Obama , and no he does not have the right to take our weapons or ammo or freedoms , the constitution , which he Ignores and and the public interest which he Ignores does not matter to him he is on a power trip , I,m Black , I,m In charge and you are going to do what I say , He does not care about you or this country or the people in it , he wants power and control like a mad man, Sounds a lot like Hitler to me, he badly needs to be Impeached before he gains anymore power to corrupt and destroy American and its values by force like he is trying to do. he was reelected by a fixed election he needs to be dethroned
I value myrights and yours and would defend you with my weapons that I have a right to own even if you are a liberal gun snatching Idiot , My values are for America and the freedom America stands for , yes those Idiots killed people Innocent people in gun free zones -duh why do you think they chose those areas , no one to stop them or harm them -hmmmmmmmm My values are intact I believe in life , liberty , freedom and Justice , not Obama's dictatorship or his wanting to disarm america , that will accomplish one thing criminals running rampant doing as they please as they did in 20's and 30's . the govment is not going to protect you when some Idiot kicks in your door and robs and shoots you and your family or rapes your wife and children, you are your first line of defense , the average response time to a 911 call is 20 mins , think you can hold off an armed loonie with your bare hands for 20 mins ? if so you are a far better man than anyone else I know or any of the victims you talk about , If only one armed person had been on premise to protect those children the outcome would have been much different , one dead loonie , no harmed children, you never hear about the cases where armed citizens protect people in situations like these, the Media does not want to sensationalize people protecting people with a legally carried concealed weapon, they just want to Immortalize the loonies that kill people and they would,nt know an assault weapon if someone hit them in the head with it , anything you can use as a weapon is an assault weapon , from rocks on up. you are the one who might want to think about what the dictator in chief is trying to accomplish and read about Australia and the problems disarming and banning and taking weapons has spawned , you think its bad now -just wait
What guns were they talking about when the Constitution was written? I totally support your right to own and bear arms...as long as you are talking about a musket and not military assault weapons.