Second, for advocates of localism-the idea that local officials have the power, perhaps even the right, to govern in their community’s best interests, irrespective of state policy-sanctuary cities (for immigrants) and sanctuary counties (for gun owners) are a test of conviction. Instead, they may be engaging in what Bruce Ackerman referred to as “ constitutional politics”-the effort to mobilize citizens in an act of constitution-making outside of the courts. So, even though county officials frequently cite the Constitution, they are not simply following court-issued constitutional decisions. What can we draw from these local efforts to thwart a state-wide policy regarding high-risk individuals and firearms? First, we should understand that, thus far, no federal or state court has held that an ERPO procedure is unconstitutional. The chair of the Weld County, Colorado commission stated that their opposition to ERPOs “ isn’t an issue of safety as much as it is an issue of protecting the constitutional rights of citizens.” Their protest has become national: Second Amendment sanctuary counties have sprung up in Oregon, Illinois, and New Mexico in the last several months. These counties, mostly Republican, mostly (but not exclusively) rural, have deemed themselves Second Amendment sanctuary counties, and have adopted some of the rhetoric (and terminology) of “ sanctuary cities”-cities that refuse to cooperate in federal immigration enforcement.Īnd, like sanctuary cities, these counties use a constitutional vernacular to frame their protests. Notwithstanding, officials in almost half of Colorado’s sixty four counties object to Colorado’s ERPO procedure, and have vowed not to enforce it. Even the National Rifle Association has endorsed some kind of temporary risk-based sequestration of firearms, at least in principle. While most gun issues are divisive, ERPOs would seem to generate a modicum of agreement-they are temporary, they involve layers of procedural protections, and in most cases they are initiated by the real fears of family members or law enforcement. These Emergency Risk Protection Orders (“ ERPOs”) (sometimes called “red flag” laws) appear to be effective in reducing suicides, and have gained popularity in state legislatures since the mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida in 2018. “ Second Amendment sanctuary counties”-counties that refuse to enforce state regulation of firearms-represent the latest skirmish in the seemingly interminable debates over gun policy in America debates that, more often than not, break along geographical, cultural, and political lines: urban versus rural blue versus red.Ĭolorado recently joined over a dozen other states in passing legislation that allows law enforcement to temporarily remove firearms from an individual if a court finds the individual poses a threat to himself or to others. Second Amendment Sanctuary Counties By Darrell Miller on JCategories: Second Amendment
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