One of the leading talking points for those advocating more gun laws has been the support many such measures have gotten from law enforcement personnel.
As a rule, police officers generally prefer working in environments where the populace is unarmed. That’s understandable since, at least in theory, fewer guns ought to make it safer for cops to do their jobs. But just as the consensus about the need for more gun control in urban sectors breaks down once you leave the suburbs and head into the exurbs and rural areas, the same might be said about peacekeepers. As the New York Times reports today in a front-page feature, a growing number of county sheriffs are not only saying they think the latest wave of state laws passed in the wake of last year’s Newtown massacre are wrongheaded or unnecessary. They’re also saying they won’t enforce them because they are unconstitutional or a waste of time.
This is happening not only in rural Colorado, which has become the cutting edge of the gun debate, but also in upstate New York, where Governor Andrew Cuomo made new laws restricting firearms and ammunition magazines a priority in 2013 as well as in Florida and California. The trend stems in part from pro-gun sentiment. But just as important to the discussion is the notion that outside of cities, laws whose sole aim is to make it harder to legally possess weapons are seen as vague, unenforceable, and burden already overworked law enforcement officials with busywork. Many sheriffs simply say they’ve had enough and even if their attempts to nullify legislation on constitutional grounds are unlikely to succeed, their protests illustrate the growing discontent about legislation that is out of touch with the culture of rural America.
It should first be admitted that lawsuits filed by sheriffs challenging new gun laws on constitutional grounds are stunts, rather than a serious legal argument. County sheriffs have no more right to refuse to enforce gun laws passed by their states because they say they violate the Second Amendment than the mayors and city councils of those municipalities that have publicly stated they won’t enforce immigration laws have to act in that manner. Being a sheriff or a mayor doesn’t give you the right to assume the role of the Supreme Court when it comes to determining the constitutionality of legislation, whether it is passed by a state or the federal government. Selective enforcement of the law is itself a violation of due process and those law enforcement officials that play this game are undermining their own credibility. They may not like gun laws any more than liberal legislators in the People’s Republic of Berkley, California like immigration regulations, or the administration when it comes to immigration or parts of their own ObamaCare law they find inconvenient, but they are just as obligated to see to it that the law isn’t mocked.