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“I want to send a clear message to Linn County residents that the Linn County Sheriff’s Office is NOT going to be enforcing magazine capacity limits,” the post reads. “This measure is poorly written and there is still a lot that needs to be sorted out regarding the permitting process, who has to do the training and what exactly does the training have to cover.”

Since the post was made, at least two more Oregon sheriffs have also vowed not to uphold the measure.

Union County Sheriff Cody Bowen posted to social media applauding and jumping on board with Duncan’s statement.

“As Union County Sheriff I agree 100% with Sheriff Duncan! This is an infringement on our constitutional rights and will not be enforced by my office,” his post reads. “This measure will only harm law abiding gun owners and result in wasted time with additional redundant background checks.”

Malheur County Sheriff Brian Wolfe said in an interview that he also does not intend to enforce magazine capacity limits.

“That is just the way it’s going to be. We have already made that decision,” he said. “The supreme law of the land is a constitution of the United States, and I believe that this measure is totally contrary to the Constitution.”

— Christina Giardinelli in Some Oregon sheriffs vow not to enforce parts of gun control measure

RELATED ARTICLESMORE FROM AUTHOR

76 COMMENTS

  1. This is the way. Not arguing about DeSantis or Trump or rigged elections. Nullification, secession, moving to the Red, defending yourself with arms when the blue invades.

    • Such sad news for pompous Gun Control zealots. They will have to come down from their ivory towers and go door to door to enforce their Gun Control rot. Good Luck With That.

      • And another thing…Oregon happens when zipped lipped Gun Owners do not have the intellect or fortitude to define Gun Control by its confirmed history of rot. That alone leaves the field wide open for Gun Control zealots to run around promising candy to any politically inept history illiterate who is stupid enought to fall for sugarcoated Gun Control.

        I wonder how many voters who voted for Gun Control in Oregon could define Gun Control by its history? And who is responsible for keeping voters in the dark about The Truth About Gun Control? Could it possibly be…Gun Owners?
        https://youtu.be/WlItbl9SOAg

      • Few of the control freak zealots are gummit uffishuls anyway. That means if they DO start the door-to-door game, they will have no real authority to do so. No different than a common vagrant opportunisticially searching for support.
        “this is privte property you have not been invited, leave or you will be tresspassing and appropriate action will commence in three, two, one……..

    • “I believe that this measure is totally contrary to the Constitution… “

      And with that statement, the sheriff confirms that he is willing to ignore the constitution of the United States of America.

      The constitution does not permit some random dude in Oregon to interpret the laws passed by the state legislature or Congress.

      That duty is granted by the United States Constitution to the judicial system of each state, with the Supreme Court being the ultimate arbiter of all disputes under the Constitution.

      The constitution sets forth a process for those who disagree with laws passed by legislatures and Congress, and it does involve random individuals voicing their lack of understanding and personal incredulity.

      • If you had any understanding of the history of the Constitution you would know that it was written with the specific intention that any even moderately educated citizen could read it and understood what it said.

        This would not have been the case in the event they expected only the Supreme Court to decided what is and is not Constitutional on a daily basis.

        Couple this with the fact that the Constitution in establishing the Supreme Court did NOT identify the interpretation of what the Constitution says as one of their primary functions.

        But the Constitution in the Second Amendment DOES SAY: “…shall not be infringed.” which is apparently a simple enough interpretation UNLESS you happen to be a member of a Democrat controlled State legislature.

        When the Supreme Court ruled to “incorporate” the Second Amendment that meant that it applied as fully to State governments (and all lesser government entities) as it does to the federal government. What this means is that there will almost certainly be immediate suits brought in federal court to enjoin enforcement of this law until it can be adjudicated as to its Constitutionality.

        All the Sheriffs are saying is that they believe it is unconstitutional and on that basis they decline to harass any citizen in this regard until the case can be heard.

        Too bad there is no penalty for idiot legislators who vote in favor of laws they know from the outset are in violation of the federal Constitution, the SUPREME LAW OF THE LAND.

        • Pretty sure it was the 14th Amendment to the Constitution that changed the Constitution so the Bill of Rights applies to all lesser US Governments.

        • “the Constitution in establishing the Supreme Court did NOT identify the interpretation of what the Constitution says as one of their primary functions“

          The constitution is clear, it grants in pertinent point: “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made”.

          Yes, one can have whatever interpretation they wish of the text of the constitution, but those random opinions will have no force in our society.

          “Section 2 Justiciability
          Clause 1 Cases and Controversies
          The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects”

          https://constitution.congress.gov/browse/article-3/

        • I know this is asking a lot Miner but watch FOX News long enough to see their drone videos of hundreds of illegals crossing every day. Bill Melugin shows it all the time. The next 911 will be squarely on bidums shoulders. The blood will be on his hands. I guess he wasn’t content with killing just 13 service members.

      • But you’re okay with the federal government ignoring immigration law. You’re consistently inconsistent. How do you feel about states ignoring federal marijuana laws?

        P.S. You lost that bet we made on opening the border. You can’t even admit that simple fact. We aren’t experiencing record breaking illegal immigration because Biden has the border locked up.

        • “You lost that bet we made on opening the border. You can’t even admit that simple fact.”

          Dude, you have failed to produce any evidence that the United States border is indeed ‘open’ as you claim.

          Your Trumpian technique of claiming you are right when it is clear you are wrong, is as entertaining as the Donald.

          The fact is, most people attempting to enter illegally into the United States are arrested:

          “Arrests along U.S.-Mexico border top 2 million a year for the first time

          Federal authorities are on pace to make more than 2.3 million arrests during the 2022 fiscal year, which ends Sept. 30. That will far exceed last year’s record of more than 1.7 million arrests.

          BY NICK MIROFF, THE WASHINGTON POST SEPT. 19, 20229 PM CENTRAL“

          https://www.texastribune.org/2022/09/19/u-s-mexico-border-arrests-record-2022/amp/

          Dude, above is proof from the Texas Tribune that the United States border is not an “open border” as you claimed.

          And even better, the record shows that Joe Biden is arresting more people at the border than Donald Trump ever thought about, but you won’t hear that on Fox entertainment.

          I don’t expect you to stand good for your wager, so don’t fret over spending any of your government handout making good on your bet.

        • Arrests are meaningless without deportation. The reason there’s a record level of arrests is because there’s a record level of border crossings. They’re coming here because they’re being let into this country. Why weren’t they coming here in those numbers before the Puppet assumed office? Gee, it’s almost like some policies changed, just like I said they would (and you said they wouldn’t and offered up a monetary bet on it). They get a court date for a hearing, then they never show up. You’re either ignorant of what is happening at the border or you’re being disingenuous which is par for the course for you. It just isn’t in you to be honest. You can play the semantics game of an open or closed border all you want. There is no border if we’re being overrun by millions of illegal immigrants.

          “…number of migrants who have died this year attempting to cross into the United States is at an all-time high.” How do you feel about your party bringing people here to die, all so they can increase the future Democrat voter numbers? Tell us how much you care about these people and how racist and xenophobic the previous administration was. Tell us how illegal immigrants are nothing but pawns. One girl died and the media tried to lay it at Trump’s feet. Now they’re dying (and being raped and exploited by the cartels) every week and there’s complete silence. And you cheer it on. It’s absolute evil.

        • @Miner49

          he didn’t need to supply ‘evidence’. you made his argument for him.

          the fact there can be so many illegal crossings shows the border is indeed open. a closed border would not allow such mass unrestricted entry, which was the concept behind a border wall.

          the fact that so many illegal immigrants are arrested on US territory attests to the fact that the border is open. you even provided the references to substantiate his claim of ‘open border’

      • you forget (or wilfully corruptly refuse to acknowledge) this rather well known piece of writing… from way back when:
        any “law” enactedwhich is not consistent with this constitution as the Supreme Law of the Land is no law at all, is null, void, of none effect, and must be set aside and ignored.
        Oregon, when it retified the US COnstutition and became a State, agreed that that document will rule within the State of Oregon. That can only be revoked by Oregon seceding from the Union, and we all know how that went down back in eighteen ought sixty or so. The ONLY WAY the People of the present State of Oregon can enact laws contrary to that COnstitution is to secede from the Union. Good luck with that plan.
        ‘These Sheriffs and all their Deputies have sworn an oath to uphol,d efend, enforce, and execute the US Cosntitition as well as that of Oregon, and that includes all lws enacted PERSUANT to those Constitutions. This new abomination of “law” is NOT persuant to those two COnstitutions, thus MUST be ignored and fought against.
        YOU can go hide behind Mommie’s apron, perhaos SHE is bit and strong and tough enough to protect you from those monsters out in the shed. Or even under your own bed. Sleep well…..Mommie is in charge now.

        • Thanks for posting your detailed opinion!

          But it is just that, opinion, just like the sheriffs’ statements, and it holds no legal force whatsoever in our society.

          The only opinion that matters regarding any dispute arising under the United States Constitution, is the Supreme Court of the United States.

          “Section 2 Justiciability
          Clause 1 Cases and Controversies
          The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made“

          https://constitution.congress.gov/browse/article-3/

        • @Miner49er

          “legal force whatsoever in our society…”

          actually a sheriffs decision to not enforce a law does have legal weight. it has the legal weight of not enforcing a law.

      • Incorrect Miner. SCOTUS ruled police don’t actually *have* to do a damned thing, ages ago.

        You’re just mad when the shoe is on the other foot.

      • The last time I read through it, I don’t remember seeing anything in the US Constitution about the power of the federal government to control the discretionary actions of an elected state official with respect to the enforcement of state law. Why don’t you educate us on that subject?
        Moreover, the federal court system does not typically rule on issues of state law unless a federal question is raised, or to the extent that state law governs issues in a civil action. So maybe you can lead us into enlightenment on that subject as well.

      • It’s nice to know that there are white s3xu@lly liberated s0ci@list Pr0gressive people like you. Who would support enforcement of the Fugitive Slave Law. Which the Supreme Court deemed was constitutional.

        At the time that the law was upheld. They were many in government in the northern states who refused to enforce it. But that would not include people like you. Who would Support enforcement fugitive slave laws.

      • This was on the ballet, and it violates the OREGON Second Amendment!!!

        Oregon courts are the most liberal minded, dozens of legislative laws that were passed and ruled unconstitutional, cause Oregon Congress didn’t pass funding for the laws they implemented!!!

        The same is going to happen with this rule!!!

        According to the Oregon Sheriff Association it will cost them $40 Million just for the licensing!!!!

        No funding has been allocated for any of the ballet measure!!!

        • What’s even more disturbing is that the instigators and writers of this new gun control restriction have knowingly conspired to violate Oregon citizens 2nd amendment rights. Why is this never brought to light?

      • That is true but, there is “Discretion” and apparently a few Sheriffs are going to exercise it.

    • And squeeze out Ds from American zones.
      That will make make more room for American refugees from democrat areas

    • fyi
      From 2012

      “over 100 county sheriffs and peace officers, from over 30 states, united to uphold their oaths of office, protect citizen liberty, and stop state and federal tyranny. Inspired and led by the example of former Graham County Arizona Sheriff Richard Mack, the meeting, which was held in Las Vegas, was funded by the generous donations of thousands of Americans from all fifty states, as well as the support of freedom loving sponsors.”

      “Thomas Woods: Nullification a Tool We All Have”
      vode video 34 min long

      https://www.youtube.com/watch?v=hxxJYbZktyQ

    • Our government is evil. They reward evil and punish good. And they allow rioting and crime to be perpetrated against the people.

      • “I’m tired of these rigged elections“

        Thank goodness Donald Trump is no longer president and soon to be indicted, otherwise he would be weaponizing the. DOJ to interfere with your elections like he did in Florida:

        “Nov. 11, 2022, 5:50 PM EST
        By Dareh Gregorian and Tom Winter
        Former President Donald Trump described in great detail Thursday night how he purportedly delivered a 2018 election win to now-Gov. Ron DeSantis by sending FBI agents to stop “ballot theft” in a major Florida county.“

        “[A]fter the Race, when votes were being stolen by the corrupt Election process in Broward County, and Ron was going down ten thousand votes a day, along with now-Senator Rick Scott, I sent in the FBI and the U.S. Attorneys, and the ballot theft immediately ended, just prior to them running out of the votes necessary to win. I stopped his Election from being stolen,” Trump wrote.”

        https://www.nbcnews.com/news/amp/rcna56809

        • *subhuman desperate bleating*

          Face it, no matter how much you bleat your crap, we just don’t care.

        • to quote Miner49er…

          “Trump….Screeeeeeeeech RANNNNNNT TRUMP SOMETHING SOMETHING Screeeeeeeech RAnt dribble dribble spit SCREEEEEEECH Rant”

    • Not quite Linn County lies along I 5 to the eastward of Albany and COrvalis. less than an hundred miles south of Portland.

      Knowing the Clackamas COunty Sheriff a bit, it would not surprise me if HE also came down on the right side of this. Clackamas is the county bordering on Multnoman, to the south and east, Portland being the County Seat of Multnomah.
      Portland holds a VERY tight rein on the rest of the state, outvoting everyone else, especially when the thousands of “homeless” get their votes harvested and tossed into the rigged counting machines. .

    • The counties in the south close to the California border are a part of the proposed State of Jefferson. It is only the northwest corner of the state that is the problem.

  4. What’s the difference between “slim margin” and “mandate?”
    Nearly all the results of votes in recent memory have been essentially 50/50 yet winners with 50.1% keep using the term “mandate” and losers with 49.9% call it a “slim margin.”

    How long can a 50/50 country last before it splits in two? Especially when one of those 50’s is made up of a handful of big cities and the other 50 is made up of all the land with soil and water.

    Somebody is going to eat somebody else soon enough.

    • Look at history. We are swirling the drain. biden has destroyed an economy and has no clue or desire to fix it. Women prefer the right to murder their babies over having money and food.

      People are desperate and it is only going to get worse.

      What always happens during times like these? A hardcore dictator takes over and you have a neo-nazi .gov. No freedoms, no elections. Gulags for everybody.

      • Dems will likely take both houses of Congress (mail-In Ballot Harvest Scams) and the Gridlock investor bettors of last few weeks will poop their pants and panic in the next week or two.

  5. “slim margin” and “mandate?”

    slim margin is “our performance was poor and we got lucky”

    mandate is “our performance was poor and we got lucky”

    just two different ways of political-speak to say the same thing.

  6. now if the other 3139 county sheriff’s in this country would agree to uphold the constitution it would be a good start

    • Our LASD Villanueva ran on a progressive platform back in 2018 to win election as our Sheriff, but quickly turned conservative when all the ills of 2020 (riots, Antifa, Defund, BLM, etc) happened. He is the first Sheriff here to allow CCW permits in many decades. As some of you know, I am one of the few who (finally) got one after having to spend a total of $1600 and 12 months’ waiting time.

      Well, the L.A. Board of Supervisors didn’t like how Villanueva wasn’t dancing to their tune, so they sponsored Measure A, which changes the political structure here and allows the LACBOS to remove an elected Sheriff. The moron voters of L.A. passed it this week by a 70% approval. Think about this…these morons just told the Board “we want the ability to make our voices and votes heard, but we’ll also give you the legal power to ignore our vote if you want to.” Bunch of NPC morons.

      Furthermore, the morons just voted in Leftist Robert Luna to replace Villanueva. Luna is a former Long Beach Police Chief who openly supports D.A. George Gascón, touts his Latino heritage and focuses on “color”, and does not support CCWs. He has publicly mentioned his intention to work with the Board (the very same Board who went “woke” in 2020 and reduced the LASD budget by $150 million, and now has the legal power to remove the Sheriff).

      At the local level, per County or State District, we have many red Republicans in office. But as you go higher up the food chain, the major metro and State positions here are still all Democrat.

      Before Bruen, the Sheriff had the power to deny all CCW applications. Villanueva willingly opened it up for us Angelinos over a year beforehand, but when anti-gun Luna takes office, it’s a mystery how applications will be handled. There still hasn’t been any definitive declaration by CADOJ (that I can find) regarding a change in state law/policy for CCWs, but even if Luna is required to accept them now, it’s expected that he won’t staff the (already way understaffed) CCW Unit to process them in a timely manner. That includes renewals…and remember that in L.A. our permits are good for only two years.

      Same as it ever was…

      • @Haz

        Wow! I knew that it took over a year for your CCW to be finally approved. I did not realize that it cost you $1,600 to get a CCW valid for only two years…that is F’n criminal. My MT CWP cost $50 – valid for four years and took around four business days to process…including mailing it to me.

        Several of my range buddies are relocated former California conservatives…we have room for you (if only to off-set the Liberal Californians fleeing Califas to spread their demented sh*t here like viruses invading a healthy host).

  7. We need to limit democrats! How can this be a law anyway? I thought the supreme court’s new ruling made all these gun law’s unconstitutional.

    • It requires that laws be interpreted through strict scrutiny, or as Justice Thomas worded it, “text, history, and tradition”. It does not nullify dubious laws; it allows reconsideration through that scrutiny.

      A number of gun control laws here in CA are being challenged in the wake of Bruen, but that typically means cases (such as our Miller, Duncan, Rhode, et al) are being sent back to square one. Fortunately, Judge “Saint” Benitez is the one hearing most of them, and will bring the hammer. It’s just a matter of time…

  8. Progressive prosecutors won elections across the country and not just in blue cities and states. And that’s just the truth for all the people here who are going to call me a troll. Let’s go #gunvote. Wait, maybe I am a troll. 😎😎😎😎😎

    • You are a troll fify. Are you happy progressive prosecutors won? If so I hope you reap the damage before anyone else.

  9. The law will likely fall anyway post Bruen. I’m surprised these ass-backwards idiots are still enacting retarded anti-gun laws.

    • Why are you surprised? There is literally no downside for them. The absolute worst case scenario, for them, is that the laws they pass stand for a few years before being struck down by the feckless courts. The very worst thing that can legally happen to them still advances their goals with no downside and zero personal risk or drawback, so why *wouldnt” they continue to enact “retarded anti-gun laws”?

  10. When they DIMMS arrest and release illegals into the country, the border is open, if they were put into jail and sent back, it would be closed, get it Miner49er

  11. Oregon county sheriff’s say, ” Oh fck another dumb law, we might have to do more work, isnt sitting at the stop sign eating Bear Claws enough? Okay lets use the constitution as an excuse to get out of the extra work.

  12. I have heard this bravado from Sheriffs before and it is mostly pure hogwash. Some have stated that they will arrest people when they need an excuse to arrest someone they do not like (read that minorities).

    And Sheriffs know if they do not enforce the law and it results in people then committing crimes with the banned magazines they will be voted out of office very quickly besides facing civil lawsuits that could go into the millions. Do not rule out State criminal prosecutions against the Sherriff’s either.

    • There is no way to prove when a mag is manufactuered, they are not dated or serial numbered!!!

      They grandfather mags already owned!!!

      I expect Idaho and Nevada will see a spike in visits to gun stores there!!!!

      • Exactly! This is the same problem with Colorado’s 15 round Limit former Governor/now Senator Lickshispooper signed into Law in 2011. A move that forced MagPul to relocate and cost the State 3,000 jobs at minimum.
        Not only that, I can walk into a LGS and tell the proprietor I need a Magazine Repair Kit, and all he does is take a Magazine of however many rounds I request off the wall, takes it apart, places it back in the bag/box and sells it to me, because Repair Kits are not subject to the Law.
        Absolutely No One from LE, is showing up at the ranges, asking to see your magazines to see if they’re 15 rounds or 100 rounds.
        The only real effect the Law has had, is it prevents one from ordering any of the various deals online, as they won’t ship to a State with restrictions.

  13. Good for them I guess doing the bare minimum of their jobs, but I’m curious about specifically how many Oregon Sheriffs are saying this, relative to the total number. I’d be shocked if it’s more than 25 percent, even among red counties.

    As shown in 2020 during the springtime Covid lockdowns and the following summertime riots, the vast majority of police will happily side with the state against the people when the rubber meets the road, irrespective of ratified law. The vast majority of them are not on our side

      • Covid mask and applesauce are two different things.
        Gunms and gunm assessories are EVIL. So evil that they are listed with a bureau that regulates addictive substances.

  14. In order for nullification to work. You have to vote for a “constitutional Sheriff”. The problem is Libertarians liberals on the left are incapable of supporting, voting for, law enforcement.

  15. Laws that are selectively enforced (enforced differently from one sheriff to another, from one county to another) are always a recipe for tyranny.
    Even if a sheriff promises he won’t enforce the law, maybe someday he doesn’t like the way a certain gun owner looks — perhaps the color of his skin, or the bumper sticker on his car, or that he’s wearing a Yamukah or other religious garb — and decides to enforce it against that person. Then the otherwise innocent gun owner goes to prison, because technically he committed a crime, even if it’s a crime the sheriff only enforces SELECTIVELY against people he doesn’t like, or people whose politics he doesn’t like.

  16. we already have laws on the books for background checks which by the way have never prevented a known attack and often has failed to identify someone who has then gone on to commit criminal activities using the previously approved firearm! So now they want to add additional useless checks that are no better than the ones they fail to properly utilize now!

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