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Second Amendment rights

You’re Not Under Arrest

Certain sheriffs in Colorado and other states have something in common. None of them will ever have to say “I was just following orders” as an excuse for failing to respect the right of an individual to bear arms.

They’re simply not following those orders.

In Colorado, Sheriff John Cooke of Weld County says that in addition to being unconstitutional, the state’s new gun-control laws are so vague as to be unenforceable. Before July 1, it was legal to sell or transfer a 30-round magazine. After that date, not. In explaining his policy, Cooke flourishes two such identical-looking magazines, one purchased before July 1, one after. Then shuffles them. “How is a deputy or officer supposed to know which is which?”

John Cooke is one of 55 elected sheriffs (out of 62 total) across Colorado who joined a federal lawsuit challenging the constitutionality of the new law. Also, two Colorado lawmakers have been recalled by voters for supporting it; and a third resigned rather than face a recall.

“In my oath it says I’ll uphold the U.S. Constitution and the Constitution of the State of Colorado,” says Sheriff Cooke. “It doesn’t say I have to uphold every law passed by the Legislature.”

We all know that the vagueness, ludicrousness, or unconstitutionality of a law doesn’t necessarily stop officials from coming down on citizens like a ton of bricks. So the sheriffs’ refusal to obey is commendable. And an example to follow.

This is Common Sense. I’m Paul Jacob.