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Garrison Won't Enforce Any New Laws That "Negate" Constitutional Rights

Cherokee County Sheriff Roger Garrison joins other sheriffs across the country in heavily criticizing President Barack Obama's executive orders tightening gun restrictions.

Editor's note: the following is an opinion written by Cherokee County Sheriff Roger Garrison. It does not in any way reflect the views and opinions of Patch. 

In the aftermath of the recent criminal events, the president, vice-president and many members of Congress are attempting to exploit the deaths of innocent victims by attempting to enact laws, restrictions; and, even through use of executive orders, prevent law-abiding American citizens from possessing certain firearms and ammunition magazines. 

As the duly-elected sheriff of Cherokee County, I want you to know and understand my position on this issue. I am a strong supporter of the Second Amendment.

In Georgia, as in most states, sheriffs are elected constitutional officers.  Duly elected sheriffs are held accountable by no one other than the electorate of their respective counties.

There is only one exception, in those extreme emergencies during which the governor of the state of Georgia issues a written declaration of emergency.

With this in mind, no one other than the governor in a declared state of emergency can tell the county sheriff what to do or command their deputies and personnel into action.

We are empowered to enforce all state laws and have NO authority or duty to enforce any federal law or mandate.

The President and/or any other federal official has no authority to order the County Sheriff to do anything. This interpretation is not new. It has been the law of the land since these United States of America came into existence.

On December 27, 2012, my oath of office was administered by our Probate Judge (Keith Wood), with the final sentence stating, ". . . and that I will support the Constitution of the United States and of this State, so help me God." 

Therefore, I will fully exercise the power of the Office of Sheriff to protect and defend the Constitutional rights of the citizens of Cherokee County. My position is best stated by fellow Sheriff Tim Muller of Linn County, Oregon in his letter to the President. "We are Americans. We must not allow, nor shall we tolerate, the actions of criminals, no matter how heinous the crimes, to prompt politicians to enact laws that will infringe upon the liberties of responsible citizens who have broken no laws."

Along with Sheriff Muller, other sheriffs throughout the country (including Georgia) and I, will not enforce any laws or regulations that negate the constitutional rights of the citizens of Cherokee County.

Nor shall those laws and regulations be enforced by me or by my deputies, nor will I permit the enforcement of any unconstitutional regulations or orders by federal officers within the borders of Cherokee County, Georgia.

What do you think of the sheriff's position? Tell us in the comments! 

Rob Miller January 31, 2013 at 07:52 PM
When a Sheriff's office or one of his officers accuses someone of a crime without a victim, harm, nor any evidence of intent to do harm, they are infringing upon that individual's constitutional rights. I applaud Roger Garrison's words, and I hope to see them result in a HUGE reduction of accusations against Cherokee County citizens. I am certain that if I am ever pulled over in a traffic stop in this county, I will show the arresting agent this very letter when they ask to see my license.
Bobby February 04, 2013 at 06:31 PM
A sheriff cannot enforce federal law. Period. Seems a lot of you fell for this grandstanding as fact.
Concerned in Canton March 06, 2013 at 02:22 PM
What a person doesn't understand scares them. Do you understand the mechanics of an "assault" weapon? Most likely not. Have you ever been in a position where you had to protect your family? Most likely not. Have you taken a look at Erika Nedner's article "History shows bans don't work"? If you haven't, you should! There is a lot of information there. I applaud Sheriff Garrison for standing up for the right that our forefathers set down before us in the second amendment. People see guns as the problem. That is like saying a spoon made me fat or a car killed someone in an accident. We have to respect weapons just like we do vehicles. One wrong move and they can kill someone. You have to be taught to drive. You need to be taught to handle a firearm. I'm sorry, but if someone is trying to rape me... You can bet I'm not going to just pee my self. Before I let anyone harm me or my family I will fight to the death. I'm not going to just roll over and take whatever comes my way. How about we be proactive! Criminals are criminals and nothing is going to change that! Even if the government banns all types of gun..... Do you really think it will keep them out of the hands of criminals?! NO! The only thing you are doing is taking away a person's right to defend themselves against such criminals.
Kenneth M March 06, 2013 at 08:26 PM
Good for you, Bobby. If you are correct then your Sherriff will prohibit the Dept. of Homeland Security from enforcing the NDAA which states that any US Citizen can be indefinitely detained for being a domestic terrorist, IE; Veterans, Constitutionalists, ECT. Your Sherriff will also prohibit the IRS from confiscating peoples property for non payment of taxes. Both of these scenarios are examples of Federal laws along with the Federal gun ban laws that this article is about. MOLON LABE
Kenneth M March 06, 2013 at 08:57 PM
Concerned, you have put this whole thing in the proper prospective. According to FBI statistics there are many more crimes that are stopped by law abiding citizens with guns than crimes completed by criminals. In fact, according to those same statistics you are 300 times more likely to be killed by your own doctor than by a gun. Let us not forget the real reason for the Second Amendment to the Constitution. This is from the Declaration of Independence: We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

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