A couple of weeks ago we reported on a pair of Oregon counties that approved Second Amendment Sanctuary ordinances on Election Day, making it a crime to enforce state-level gun laws like “red flag” firearm seizures and Oregon’s concealed carry statute. It took a little while, but now the state’s media is starting to take notice, and on today’s Bearing Arms’ Cam & Co. we take a closer look at some of the coverage of the pro-gun referendums in Columbia and Umatilla counties.
The biggest question is whether the new ordinances can stand up in court, or if they’re even capable of being enforced. As The Oregonian reports, at least one of the district attorneys in the new sanctuaries says he still plans on enforcing red flag laws, even if that violates the county’s new Second Amendment Sanctuary Ordinance. If he were to ignore the new sanctuary law, who would prosecute the prosecutor?
Legal experts — and even some national gun rights advocates — say the resolutions are on shaky ground because they require police to ignore laws they’re sworn to uphold.The measures also appear to undermine the state’s legal authority to regulate guns. Under Oregon law, the power to regulate almost all aspects of firearms rests with the Legislature.Umatilla County District Attorney Daniel Primus doesn’t expect the voter approval to have much of a practical effect for his office. He will uphold the law, he said.“I took an oath,” Primus said, “and I am going to follow that oath.”
Michael Boldin, executive director of the Tenth Amendment Center, a small organization that describes itself as a “non-partisan think tank that supports the principles of strictly limited constitutional government,” called the measures “convoluted, confused, messy at best.”He said he has encouraged gun rights activists to model their ordinances after immigration sanctuary laws, like the one passed in Oregon decades ago that forbids local law enforcement from using public resources to find or detain undocumented immigrants not suspected of a crime.
Boldin’s group promotes the controversial theory that states may nullify federal laws they consider unconstitutional.Oregon’s gun sanctuary measures don’t just address federal gun laws. They target state ones too, and that may undermine their effectiveness.“I actually will tell you right out front, I am fully on board with the concept,” Boldin said. “I am with the gun rights people in concept, but I think they have crafted these so poorly that in practice they actually do nothing.”