Some of New Mexico's top law enforcement officers paid a visit to the State Capitol Thursday, with a message for the governor and state lawmakers.
30 of the state's 33 county sheriff's want to remind everybody that they are under oath to support the U.S. Constitution, and that includes the Second Amendment - the right to bear arms.
The sheriffs are clearly agitated by President Obama's call for a ban on assault-style weapons and ammo clips bigger than 10 rounds.
"We're not lawmakers, we're sheriffs," said Ken Christesen, San Juan County sheriff and chairman of the New Mexico Sheriffs Association. "That's what we do, is enforce the law and defend the Constitution. We want to make sure that your rights as a citizen are protected."
The sheriffs do support the President's call for improved background checks for gun buyers , not just at gun stores but at gun shows and in private sales. But it's the proposed gun ban that sticks in their craw.
I do agree with some points the President has brought forward," said Santa Fe County Sheriff Robert Garcia. "But until a law is passed banning those guns, I'm sure we'll have to deal with that. I don't see that happening anytime soon."
"I'm watching what's going on very closely," said Torrance County Sheriff Heath White. " I want to reassure my citizens that I have their best interests in mind and I will do my job to the fullest extent."
Personally I have repeatedly contacted on a daily basis as many if not most of the sheriffs in New Mexico prior to their joint statement in Santa Fe. Their statement did not quell mine, my family's, nor our friends trepidation or our sheriffs' actual commitment to the Constitution or citizens of New Mexico.
Due to statements made by the New Mexico sheriffs, their misunderstanding of the Constitution, 2nd Amendment, and their apparent agreement with "some" of what Obama is proposing, I sent the following to the sheriffs in New Mexico.
"I applaud the New Mexico Sheriffs for standing with the people of their counties and with our 2nd Amendment. Thank you.
I would like to add this to the conversation. There are many in our country who have been diagnosed with a myriad of issues from PTSD, ADHD, Tourettes, Sexual Disorders, etc., etc. and who have taken medications for their issues but who have never committed a crime. Many of these brave men and women were veterans who fought for and defended our country and Constitution. There are probably law enforcement officers who have experienced some sort of trauma and either had counseling or have taken some sort of medication at one time but who have never committed a crime. No one has the right to erode our 2nd Amendment for any reason. A crime has not happened until someone actually commits it and I will be damned if American citizens are treated like criminals because tyrants want to infringe on our God given rights.
There are no "ifs, ands, or buts", no mental health data bases, no background checks, not forced release of very personal and private information, and no descriptions of what type of firearms Americans can own or possess in the 2nd Amendment. The 2nd Amendment was purposely stated in crystal clear language so that our rights that are protected under it would not be infringed. ANY infringement or compromise of the Constitution is a violation of the law. There will be no compromise of "...Shall Not Be Infringed."
Any "law", "EO", or "rule" etc. that is not aligned with the Constitution, is invalid and void, as if it never occurred - reference: NORTON v. SHELBY COUNTY, 118 U.S. 425. The only way the 2nd Amendment can be infringed is by amending the Constitution. A "law" that is passed, which is not directly inline with the Constitution and specifically the 2nd Amendment is invalid and law enforcement who uphold any such laws are in direct violation of the Constitution and will in fact have broken the law themselves. I urge you and your department not to stray from the Constitution as doing so will be a violation of your oaths to uphold, protect, and defend the Constitution of the United States and of the people who elected you in your county.
U.S. Supreme Court NORTON v. SHELBY COUNTY, 118 U.S. 425 (1886) 118 U.S. 425 NORTON v. SHELBY CO., STATE OF TENNESSEE. Filed May 10, 1886
"...An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, as inoperative as though it had never been passed."
Again, I want to thank you for standing with our beautiful country, our Constitution and with the citizens of your respective counties."