Constitutional Sheriff
“Red Flag” gun confiscation laws are being passed in many states, and need to be addressed here. The intent of Red Flag laws is noble enough, in that they are meant to prevent somebody from committing an atrocity with a firearm. In theory, if a person poses a significant danger to themselves or the public, a court can order that this person’s right to own / possess firearms be temporarily suspended, and their firearms seized, by force if necessary.
There are numerous problems with this. Most red flag laws are vague on what constitutes a “significant danger,” which gives courts broad discretion to seize firearms. A false claim that you have made a threatening comment can be filed by a disgruntled neighbor, relative, co-worker, etc. If a judge agrees that you may pose a threat, he / she can then order local law enforcement to seize your firearms.
The Second Amendment states, “the right of the people to keep and bear arms, shall not be infringed.” Look up the word infringe and you’ll find it means “to limit, undermine or encroach upon.” Yet ‘red flag’ laws do exactly that — undermine your right to keep and bear arms.
The Fourth Amendment guarantees our right against unreasonable searches and seizure of property. When a person has committed no crime, nor is in the process of committing a crime, yet their personal property is confiscated without due process, this is the classic definition of unreasonable seizure.
The Fifth Amendment guarantees due process. Did you get to defend yourself against the accusation prior to your property being seized? No. The decision to seize your property is at the discretion of a judge who has never heard your defense. Notice the absence of something critical that every American citizen rightfully expects: due process.
In the event our legislature passes a “Red Flag” or similar bill, and further, in the event our Governor should sign such a bill into law, it will not be enforced by me or my Deputies.
What gives me the authority to take such a stand? I will take my oath of office seriously and to heart. As part of that oath, I will raise my right hand and solemnly swear to uphold and defend the Constitution of the United States.
Article VI, Paragraph 2 of the Constitution of the United States, commonly known as the Supremacy Clause, establishes and recognizes in perpetuity that the United States Constitution supersedes all other federal, state, and local laws.
The people of Miller County can rest assured that I will be a Constitutional Sheriff. As your Sheriff, I want you to know that it will be my sworn duty, responsibility and privilege to protect your individual rights and liberties afforded and guaranteed by the Constitution of the United States of America.
Neither I, nor my Deputies will stand by and allow violations of your rights and liberties, which are afforded and guaranteed to every citizen by our constitution. I will not enforce, or instruct my Deputies to enforce any laws that are contrary to the Constitution of the United States of America.
Now, if somebody in Miller County should be accused of being a possible threat to themselves or the public at large, I will be happy to look into the situation. I do not want any serious and factual threat to go forward, and will act accordingly.
But, what if the situation was brought about by a misunderstanding, or a misinterpretation of a heated conversation? Quite possibly a face to face discussion over a cup of coffee can resolve the issue with nobody being deprived of their rights or property, and nobody getting hurt.
As always, if you have questions or concerns, please contact me.
Dave Stark