Friday, January 24, 2025
21.0°F

County gun motion tabled

DAVID COLE/Staff writer | Hagadone News Network | UPDATED 11 years, 1 month AGO
by DAVID COLE/Staff writer
| December 18, 2013 8:00 PM

COEUR d'ALENE - The Kootenai County commissioners tabled a proposed ordinance that is being pushed by the local Republican central committee seeking to prevent federal infringement on the right to keep and bear arms.

"The body of the Kootenai County Republican Central Committee will need to determine their level of satisfaction with this," said committee chairman Neil Oliver after Tuesday's meeting of the commissioners. "If we decide to re-present it, we will."

Before tabling the proposal, the commissioners heard from Prosecutor Barry McHugh and Sheriff Ben Wolfinger on the committee's proposed ordinance. Around 45 people attended the meeting.

The committee's resolution proposed that the commissioners direct the sheriff to prevent federal action that would violate the Second Amendment.

"It's not our job to pass the laws, it's not our job to interpret the laws, it's just our job to enforce them," Wolfinger told the commissioners.

Commissioner Jai Nelson said she supported the "spirit" of the proposed ordinance.

"I'm concerned with some of the legalities that have been brought up by both the sheriff and the prosecutor," Nelson said.

Speaking to Oliver, she said, "And you understand that I've been directed and educated by our prosecutor that it's really not in my authority to delegate to the sheriff what's not in statute."

"I support the idea of this, but I'm not sure that creating an ordinance or rule that has no effect or is unconstitutional in our aspect is the right way to do it," said Commissioner Todd Tondee.

He said he would support considering a resolution that would clearly state the commissioners' intent to protect Second Amendment rights.

McHugh offered to work with the central committee on writing a resolution the commissioners could support.

In a written legal opinion provided to the commissioners prior to the meeting, McHugh said the commissioners' "authority over the sheriff is narrowly construed and exists only where a statute expressly provides for that authority.

"No statutory authority exists for the board of county commissioners to direct the sheriff to enforce, or not enforce, particular laws," he wrote.

It's the job of the federal courts to prevent the enforcement of unconstitutional federal laws, he said. The proposed ordinance also wouldn't be enforceable within the cities in the county, McHugh said.

MORE IMPORTED STORIES

County gun ordinance tabled
Coeur d'Alene Press | Updated 11 years, 1 month ago
GOP votes on guns, senators
Coeur d'Alene Press | Updated 11 years, 1 month ago
Taking aim at a hot topic
Coeur d'Alene Press | Updated 11 years, 1 month ago

ARTICLES BY DAVID COLE/STAFF WRITER

January 26, 2016 8 p.m.

Eldon Samuel's sister calls father 'violent'

Defense continues to work to show father’s killing was self-defense

COEUR d'ALENE — Eldon Samuel III's defense team continued Monday calling witnesses to describe the boy's parents' prescription-drug abuse and his brother's "aggressive" behavior related to autism.

January 14, 2016 8 p.m.

Jurors see video, pictures of crime scene in Samuel murder trial

Younger brother shot 10 times; father shot four times

COEUR d'ALENE — Teenager Eldon G. Samuel III unloaded on his younger brother, Jonathan Samuel, shooting him 10 times using a shotgun and handgun. He also inflicted roughly 100 other wounds using a knife and machete on March 24, 2014, according to opening statements and testimony Wednesday in Samuel's double-murder trial.

January 1, 2016 8 p.m.

Woman jailed after bar brawl

Several sheriff's deputies responded at 1:30 a.m. Sunday to Razzle's Bar and Grill in Hayden on a report of a bar fight involving as many as 10 people.