Educate me on a Sheriff or Counties power to not enforce laws?

[mtnrider]

So what power does a Sheriff or County have to not enforce any of these propossed new guns laws at the State level.
El Paso County came out and said they would not obey any executive order that violated 2a but what about at the State level. If it is passed into law can they chose not to enforce?

What is the difference from refusing an executive order that violates 2a or a state order/law that violates 2a?

.

[losttrail]

As I understand it, and I am not a lawyer nor a legal expert, the county sheriff is the top law enforcement officer in their respective county. As such they wield the law enforcement power and even the feds must obtain the sheriff's permission to execute enforcement within the sheriff's jurisdiction.

If this is correct, then the sheriff would have discretion to judge whether an order would be lawful or unlawful and thereby whether to enforce said law or not.

I know that the oath I took when joining the military specified "lawful orders" of those appointed above me and that I was to defend the Constitution against "all enemies, foreign or domestic."

Remember that the Constitution is the "law of the land" and should be our reference. Many laws have been passed and later found to be unconstitutional, so just because a law gets signed into effect, does not necessarily mean it is "lawful".

I would love for someone with the legal expertise to jump in here.

[newracer]

Maybe not if this passes

SENATE BILL 13-013

http://www.leg.state.co.us/clics/clics2013a/csl.nsf/fsbillcont/79D915E94E9CD28F87257AEE0054A84C?Open&file=013_ren.pdf

Bill Summary

(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://www.leg.state.co.us/billsummaries.)

The bill gives a special agent, uniform division officer, physical
security technician, physical security specialist, or special officer of the
United States secret service limited peace officer authority while working
in Colorado.

SENATE
3rd Reading Unamended
February 19, 2013
SENATE

2nd Reading Unamended
February 1, 2013

SENATE SPONSORSHIP
King,

HOUSE SPONSORSHIP
McCann,

[OneGuy67]

As I understand it, and I am not a lawyer nor a legal expert, the county sheriff is the top law enforcement officer in their respective county. As such they wield the law enforcement power and even the feds must obtain the sheriff's permission to execute enforcement within the sheriff's jurisdiction.

If this is correct, then the sheriff would have discretion to judge whether an order would be lawful or unlawful and thereby whether to enforce said law or not.

I know that the oath I took when joining the military specified "lawful orders" of those appointed above me and that I was to defend the Constitution against "all enemies, foreign or domestic."

I would love for someone with the legal expertise to jump in here.

Not correct. The Sheriff is an elected law enforcement officer and head of the Sheriff's office. Statutorily, there are a number of responsibilities assigned to the Sheriff that aren't assigned to anyone else, that they are responsible for. However, no other law enforcement agency needs the Sheriff's permission to work in their county, be it the feds or the state.

As for the Senate Bill, it allows the Secret Service to assist local law enforcement in state level crimes that won't be prosecuted at the federal level as well as giving them immunity if they conduct a law enforcement action they observe. Like a citizen's arrest, which all citizens can do if they observe a criminal act, but it gives the the civil immunity that law enforcement has in doing that type of action off duty or not in their local jurisdiction.

[mtnrider]

Dammit, those libtards have been doing there homework this time around. They are going to close every possible loophole they can think of.

[Clint45]

Maybe not if this passes

SENATE BILL 13-013

http://www.leg.state.co.us/clics/clics2013a/csl.nsf/fsbillcont/79D915E94E9CD28F87257AEE0054A84C?Open&file=013_ren.pdf

Bill Summary

(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://www.leg.state.co.us/billsummaries.)

The bill gives a special agent, uniform division officer, physical
security technician, physical security specialist, or special officer of the
United States secret service limited peace officer authority while working
in Colorado.

SENATE
3rd Reading Unamended
February 19, 2013
SENATE

2nd Reading Unamended
February 1, 2013

SENATE SPONSORSHIP
King,

HOUSE SPONSORSHIP
McCann,

The way that reads, it could give AmeriCorp volunteers "limited peace officer authority."

[merl]

The way that reads, it could give AmeriCorp volunteers "limited peace officer authority."

would that let them own mags as a LEO? :)

[OneGuy67]

A SPECIAL AGENT, UNIFORM DIVISION OFFICER, PHYSICAL SECURITY TECHNICIAN, PHYSICAL SECURITY SPECIALIST, OR SPECIAL OFFICER OF THE UNITED STATES SECRET SERVICE, REFERRED TO IN THIS SECTION AS A "SECRET SERVICE AGENT", IN ANY JURISDICTION WITHIN THE STATE OF COLORADO, IS A PEACE OFFICER WHOSE AUTHORITY IS LIMITED AS PROVIDED IN THIS SECTION.THE SECRET SERVICE AGENT IS A PEACE OFFICER IN THE FOLLOWING CIRCUMSTANCES:
(a) (I) RESPONDING TO A NONFEDERAL FELONY OR MISDEMEANOR THAT HAS BEEN COMMITTED IN HIS OR HER PRESENCE;
(II) RESPONDING TO AN EMERGENCY SITUATION IN WHICH HE OR SHE HAS PROBABLE CAUSE TO BELIEVE THAT A NONFEDERAL FELONY OR MISDEMEANOR INVOLVING INJURY OR THREAT OF INJURY TO A PERSON OR PROPERTY HAS BEEN, OR IS BEING, COMMITTED AND IMMEDIATE ACTION IS REQUIRED TO PREVENT ESCAPE, SERIOUS BODILY INJURY, OR DESTRUCTION OF PROPERTY;
(III) RENDERING ASSISTANCE AT THE REQUEST OF A COLORADO PEACE OFFICER; OR
(IV) EFFECTING AN ARREST OR PROVIDING ASSISTANCE AS PART OF A BONA FIDE TASK FORCE OR JOINT INVESTIGATION WITH COLORADO PEACE OFFICERS; AND
(b) THE SECRET SERVICE AGENT ACTS IN ACCORDANCE WITH THE RULES AND REGULATIONS OF HIS OR HER EMPLOYING AGENCY.
(2) A SECRET SERVICE AGENT IS A PERSON WHO IS EMPLOYED BY THE UNITED STATES GOVERNMENT, ASSIGNED TO THE UNITED STATES SECRET SERVICE, EMPOWERED TO EFFECT AN ARREST WITH OR WITHOUT A WARRANT FOR VIOLATIONS OF THE UNITED STATES CODE, AND AUTHORIZED TO CARRY A FIREARM AND USE DEADLY FORCE IN THE PERFORMANCE OF HIS OR HER DUTIES AS A FEDERAL LAW ENFORCEMENT OFFICER.

So...I don't think the AmeriCorp volunteers qualify.

[Clint45]

Thanks for defining this. It sounded almost like the umbrella of federal authority given to private contractors working for or in conjunction with federal law enforcement. "Security technician" and "security specialist" sounded somewhat vague and I did not know it was referring specifically to USSS employees.

[Mountain Man]

The one thing the Sheriff can do is refuse to take people into their jail for certain offenses. They can also order their deputies not to enforce certain unconstitutional laws. Effectively shutting down jailing someone for certain crimes.

[Rucker61]

The one thing the Sheriff can do is refuse to take people into their jail for certain offenses. They can also order their deputies not to enforce certain unconstitutional laws. Effectively shutting down jailing someone for certain crimes.

Makes sense. The ones I heard testify didn't seem like they'd just pull something out of their fourth point of contact. They definitely seemed more knowledgeable about the law and the Constitution than the legislators and the police chiefs.