States’ Rights! Or Maybe Not.

Posted on March 18, 2013 at 4:30 pm by JM Ashby

While universal background checks and a ban on assault weapons has cleared the Senate Judiciary Committee, the federal government has yet to enact any new gun control laws, but that isn’t stopping states from enacting their own laws. And in the case of Colorado, the state enacting its own laws is apparently seen as a trespass by some local sheriffs.

Weld County Sheriff John Cooke said he won’t enforce either gun-control measure waiting to be signed into law by Gov. John Hickenlooper, saying the laws are “unenforceable” and would “give a false sense of security.”

One bill passed Friday would expand requirements to have background checks for firearm purchases. Hickenlooper is expected to sign it into law within two weeks. [...]

Cooke said he, like other county sheriffs, “won’t bother enforcing” the laws because it will be impossible for them to keep track of how the requirements are being met by gun owners. He said he and other sheriffs are considering a lawsuit against the state to block the measures if they are signed into law.

What’s amusing to me about the “states’ rights” line of argument is that it tends to only be a factor in cases where the state is dominated by conservative politics, conservative state lawmakers, and conservative governors. When the shoe is on the other foot, “states’ rights” no longer seems like such a good idea.

States are free to enact their own laws, but they cannot supersede federal law.

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  • r_dale

    “States are free to enact their own laws, but they cannot supersede federal law.” Tell that to the Utah state legislature, which just enacted a bunch of bills claiming that state laws on teh gunz trumped anything from the evil FED’ruhl GUB’mint. And not long after Sandy Hook, all 29 Utah county sheriffs but one–Salt Lake County’s Jim Winder–signed a letter saying they would not enforce federal firearms laws. Yeah, I know, it’s Utah.

  • http://www.facebook.com/people/Michael-Norris/1597765442 Michael Norris

    I have lived in Colorado for sixteen years. The sheer beauty of this state is superceded only by the backward and redneck mentality of some of it’s citizens. The Colorado legislature–led by the Democratic Speaker of the House and John Hickenlooper, our Democratic governor, have decided to take some progressive action on gun laws. Nothing fancy, they are limiting magazine sizes to fifteen rounds–and GASP!–they are requiring background checks on all gun sales and charging ten bucks for it. I know–a complete reversal of the second amendment, right?
    So the redneck county sheriff in Weld County has decided that he will not enforce these laws. the same has been stated or inferred by the Sheriff in El Paso County, which is Colorado Springs, the state’s second largest city. Colorado Springs has lready had eight gun-related murders this year, including a burglary in progress where a soldier and his wife were murdered when they surprised the burglar in their home.
    I’m wondering: which laws can any citizen ignore at will in the state of Colorado? Can we pick and choose based on the reading of an obscure and unclear amendment to the constitution? How long would any sheriff allow that to happen? I think the only solution to this kind of anarchy is that eventually a sheriff is going to be shown being lead away from his office in handcuffs. A perp walk and prosecution may be the only way for governors like John Hickenlooper to demonstrate that we the people have had it with the gun-toting, redneck culture being forced upon us.

  • http://drangedinaz.wordpress.com/ IrishGrrrl

    While the claim that a law is unenforceable can be a legitimate complaint by the police and they CAN use discretion to not enforce a law…..THIS is NOT one of those laws. I wonder if the state could sue that County? I’m guessing not because the Sheriff is an elected official and while he is probably answerable to County board of supervisors….they can’t remove him. Only the voters can fix his recalcitrance.

  • muselet

    Cooke said Democratic lawmakers are uninformed but are scrambling in reaction to recent tragedies in the nation.

    “They’re feel-good, knee-jerk reactions that are unenforceable,” he said.

    Cooke said the bill requiring a $10 background check to legally transfer a gun would not keep firearms out of the hands of those who use them for violence.

    “Criminals are still going to get their guns,” he said.

    Cooke said the other bill would also technically ban all magazines because of a provision that outlaws any magazine that can be altered. He said all magazines can be altered to a higher capacity.

    So, unless a law solves all problems once and for all, Sheriff Cooke “won’t bother enforcing” it. Good to know.

    I wonder how the deputies—the folks who actually do the work of law enforcement—in Weld County feel about this.

    –alopecia

  • D_C_Wilson

    Some of these sheriffs are part of militia movements. Many of them believe that county sheriffs are the highest law enforcement authority in the country.

    Yep, we’re now down to counties’ rights as the rallying cry.

  • trgahan

    Yeah, I don’t remember much “STATES RIGHTS!” screeching from 2000-2008. I do remember a lot of talk of it being high teason to question the president though….There was a lot states rights talk from 1992-1999…but not much before that…can’t understand why….