LETTER TO THE EDITOR: County commission can’t void state law

Published 3:17 pm Friday, February 24, 2023

The article on the Observer’s website regarding the 2nd Amendment Sanctuary issue caught my attention. On the first read, I thought, “My, I’m glad Lester Castellow was in the room.”

As one scholar at Connell University Law School penned it: “The notion that you can have a locality void a state law by declaring yourself a sanctuary simply is not going to hold up in court. There is no such thing as a Second Amendment sanctuary. This concept is a legal fiction adopted by a minority of local leaders to undermine our normal democratic processes.”

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According to the Giffords Law Center, there have been more than 1,000 Second Amendment challenges to gun laws in just the last 11 years where most of these challenges have failed, and most courts found state laws regulating guns do not violate the Constitution.

I do recall that we have a democratic process in place for individuals who disagree with the actions of their state elected officials: elections. Individuals dissatisfied with legislation that has been enacted are encouraged to vote for different legislative and gubernatorial candidates in the next election. At the end of the day, somebody needs to enforce laws and hold residents accountable; laws should never be at the discretion of the county sheriff.

As my finger surfed it, Republican Party Chairman Dennis Futch’s stats on the number of GA counties as well as counties across the US that have adopted the 2nd Amendment Sanctuary movement is not accurate hedging much higher than it is.

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I do not believe a county commission has the authority to pass such a resolution and if you do, it is an over-reach.

Steve Weber

Moultrie, Ga.