County gun motion tabled
DAVID COLE/Staff writer | Hagadone News Network | UPDATED 11 years, 1 month AGO
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.
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