2nd Amendment Sanctuaries Face Big Day In Court

I do not expect a win for the 2nd Amendment supporters, not in the far left courts of Oregon. Despite the constitution of Oregon and the federal government

Second Amendment sanctuaries facing 1st court test in Oregon

The first court test of whether local governments can ban police from enforcing certain gun laws is playing out in a rural Oregon county, one of a wave of U.S. counties declaring itself a Second Amendment sanctuary.

The measure that voters in the logging area of Columbia County narrowly approved last year forbids local officials from enforcing most federal and state gun laws and could impose thousands of dollars in fines on those who try.

Second Amendment sanctuary resolutions have been adopted by some 1,200 local governments in states around the U.S., including Virginia, Colorado, New Mexico, Kansas, Illinois and Florida, according to Shawn Fields, an assistant professor of law at Campbell University who tracks them. Many are symbolic, but some, like in Columbia County, carry legal force. (snip)

The movement hasn’t yet faced a major legal challenge. The Oregon case was filed by Columbia County under an unusual provision in state law that allows a judge to examine a measure before it goes into effect. No timeline has been set for a court hearing.

“This will allow the court to tell us whether the county can actually decline to enforce certain state laws, and it will tell us how to abide by the will of the voters to the extent that we can,” said Sarah Hanson, who serves as counsel in the conservative-leaning county in deep-blue Oregon. (snip)

The measure is divisive locally, though, and four residents filed court documents opposing it. One, Brandee Dudzic, referenced the strict gun safety drills she learned in military medic training, saying she values the right to own a gun but believes it should come with safety measures like background checks and secure storage.

A gun shop owner in Columbia County said he supports background checks and believes that “state law trumps the county law.” But he voted in favor of the Second Amendment measure on principle.

“We need to make sure that people are safe. We need to make sure that people are responsible,” he said. “But as more rules are in place, we just need to make sure that we’re not overregulated.”

Oregon’s Constitution states, in Article I Bill Of Rights, Section 27. Right to bear arms; military subordinate to civil power. The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.] That’s pretty specific, and could read to mean that the Government shall not interfere with that right when it’s for protection. And the thing is, background checks are just fine. I’m good with every purchase/transfer requiring a background check.

But, safe storage is just a means to lock people’s guns up making them worthless, as they would be hard to access when needed. And there is lots and lots more that the gun grabber groups and people want to enact. That’s what Columbia County, and so many others, are fighting against.

Everytown argues that the ordinance violates the U.S. Constitution, which says federal law supersedes state law, as well as the state Constitution and an Oregon law that gives the state power to regulate firearms.

The Constitution overrides federal laws that interfere, and the Oregon constitution overrides state law that interferes. And then there’s that pesky 10th Amendment. But, gun grabbers do not care.

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One Response to “2nd Amendment Sanctuaries Face Big Day In Court”

  1. Zachriel says:

    William Teach: The Constitution overrides federal laws that interfere, and the Oregon constitution overrides state law that interferes.

    If the law is unconstitutional, then you don’t need a sanctuary law, as the courts would nullify the entire law. State and local governments can’t be commandeered by the federal government to enforce federal law, because under the federal system, they are separate sovereignties. However, local governments are creations of the state. Oregon does have a few home rule counties, which allows the county some measure of autonomy, but Columbia County is not a home rule county.

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