In Colorado, El Paso County Commissioners Tuesday unanimously passed a resolution preemptively rejecting any potential gun control legislation by the Obama administration. It’s the 2nd local government in the country to have done so.
Dozens of supporters spoke in favor of the resolution, authored by Commissioner Peggy Littleton. “The County Commissioners and the Sheriff, as duly-elected officials sworn to uphold our oath of office, will protect the 2nd Amendment rights of people, even if our Federal government tries to come in and take those away from us,” Littleton said.
The resolution reads, in part:
the County of El Paso, State of Colorado, WILL uphold the Second Amendment of the Constitution of the United States, and WILL act in conformity with our sworn duties as duly elected officials charged with public trust, and WILL, in conjunction with prior decisions by the United States Supreme Court, NOT enforce any statutes, edicts, Presidential Directives, or other regulations and proclamations which conflict—and are expressly preempted by—the U.S. Supreme Court’s rulings.
The decision to stand for their oath is a good one. The basis, though, is a bit convoluted as it appears to indicate that the oath is to decisions made by the Supreme Court. While they’ve got a good leg to stand on, for now, in that the Court previously ruled in Printz v United States that the federal government cannot compel states or localities to enforce federal acts – a new court decision could change that at anytime.Details