Miriya Holman, Tulane University When Emily Faris, Texas Christian University
The gun control law signed by Illinois Gov. JB Pritzker in January 2023 was immediately faced. oppose From a key group of law enforcement agencies: Sheriffs. They are locally elected officials at the county level who run prisons, provide courtroom security, and are the primary providers of law enforcement services in many counties.
In Illinois and across the country, some sheriffs Ultimate Defender of the U.S. Constitution and their rights – even though there is no law or history to give them that position.
in Illinois, About 80 of the state’s 102 sheriffs Oppose Illinois Community Protection Acta law prohibiting the sale and distribution of assault weapons, high-capacity magazines, and switches that convert firearms into assault weapons. who owned those items before the law was passed Must be registered with the state in January 2023. Most of the sheriffs who opposed it issued statements that they believed the law was against the law. Second Amendment They won’t enforce it because it violates the US Constitution.
Brown County Sheriff Justin Oliverfor example, posted an official statement office facebook page letterheadAccording to the statement, he has sworn to defend his constitutional rights and believes this action violates the Second Amendment, therefore, “As the Chief Law Enforcement Officer of Brown County, I am Our officers do not verify legal gun owner registrations, nor do we arrest or detain law-abiding individuals.”
Surveys of sheriffs again in 2012 and 2021found that sheriffs were far more likely to support lax gun laws than the general public. I also found that it is related to the view of some sheriffs.
Last line of defense?
We traced the view of the sheriff as the ultimate guardian of the Constitution. Constitutional Sheriff and Peace Officers Associationis a political organization founded in 2009 by former Sheriff Richard Mack of Graham County, Arizona.
Mac first gained notoriety in right-wing circles as a plaintiff Prinz vs. United States, decided by the U.S. Supreme Court in 1996. In its ruling, the court declared portions of the Brady Handgun Violence Prevention Act of 1993 unconstitutional. said it violated the law. 10th Amendmentwhich limits the influence the federal government can exert over state and local governments.
The association Mack founded after the election of former President Barack Obama calls itself the (self-proclaimed) Network.constitutional sheriffencourage the sheriff refuse to enforce the law They believe it is unconstitutional and resist federal overreach.
However, that key idea goes back further. Posse ComitatusIt was a white supremacist, anti-Semitic right-wing movement of the 1970s, conspiratorial ideology that the county sheriff held the highest governmental authority in the United States;This view is Not historically accurate and not in the U.S. Constitution.
Nonetheless, Mack and his organization have been actively recruiting and training sheriffs for over a decade to give their office more power than the president and pass laws they believe are unconstitutional. I have tried to believe that I can refuse. Mack told his NPR in 2019:responsible for intervening Whenever someone seeks to diminish or violate the rights of an individual in our county, it is the “principle of intervention.” ”
original point of view
This movement of so-called “constitutional sheriffs” has been particularly successful in recruiting more sheriffs to ideologies on guns, immigration and immigration issues. COVID-related policies.
The protest in Illinois isn’t the sheriff’s first attempt to resist gun control.When Obama pushed national gun control laws After the 2012 Sandy Hook Elementary School shooting in Newtown, Connecticut, Mack’s group mobilized more than 450 sheriffs and 19 state sheriff’s associations to oppose federal gun control.
Similarly, Washington state gun safety In 2018, sheriffs across the state opposed the measure, threatened not to force Because they said they were violating the constitutional rights of the people.
And in Illinois, despite its lack of legitimacy, its followers continue to get in the way of the law. state When federal government official He called on the Illinois sheriff to enforce the law upon demand of the oath of office. But many sheriffs continue to say they can decide which laws to enforce. members do not agree.
Miriya HolmanAssociate Professor of Political Science, Tulane University When Emily FarisAssociate Professor of Political Science, Texas Christian University
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