GOLD BEACH, Ore. (Oct. 13, 2016) – In August, an Oregon County commission passed an ordinance that prohibits funding for future enforcement of gun laws. This marks an important first step toward nullifying unconstitutional gun control in effect.
Curry County commissioners approved the measure 2-1. According to Commissioner David Brock Smith, under the ordinance the county will not spend any money to enforce any new gun laws. This would include both state and federal gun control measures.
The ordinance did come with a caveat, acknowledging some provisions of pre-existing laws as constitutional.
Even though the ordinance will not hinder enforcement of current federal gun control, which is also unconstitutional, it does represent a step forward. More importantly, it sets the precedent that local governments in Oregon can simply refuse to cooperate with the enforcement of gun laws – or any other law for that matter.
Second Amendment ordinances are local applications of the anti-commandeering doctrine, a well-established legal principle asserting that the federal government cannot force states (or their political subdivisions) to implement or enforce federal acts or programs. Because the federal government depends on state and local support to enforce its gun laws, simply refusing to cooperate takes a step toward nullifying gun control in effect. In some cases, localities can also apply the principle to state laws, as Curry County did, although in many states this becomes problematic because states maintaining complete control over its political subdivisions.
Local ordinances also increase pressure on state legislatures to take further action.
As a next step, Curry County commissioners should consider applying provisions of the ordinance to specific current laws and then expand its scope from there.
Other county and city governments should follow Curry County’s lead, but apply the non-cooperation to all federal gun control. After all, if the feds want to restrict the right to keep and bear arms and violate the constitution, they should have to do it themselves. (They can’t.)
For model local Second Amendment Protection ordinance language, click HERE.
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