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Old 01-16-2023, 05:30 PM
 
29,505 posts, read 14,663,209 times
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Quote:
Originally Posted by Goodnight View Post
Will they avoid background checks, refuse to enforce automatic weapons laws, straw buyers or just this one, seems rather selective. Do they have any other expertise on the constitution where they will disregard state laws?
None of the others you mentioned are unconstitutional.
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Old 01-16-2023, 05:44 PM
 
19,724 posts, read 10,131,910 times
Reputation: 13096
Quote:
Originally Posted by Goodnight View Post
Over half of the guns used in homicides come from outside Chicago.

Maybe Alaska, Missouri and some of the other states with the highest levels of gun crime should try using some gun control.
Almost all of Missouri's crime is in three cities controlled by Democrats. There has been one gun death in my rural Missouri county in the last 10 years. That was a homeowner shooting a home invader.
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Old 01-17-2023, 09:28 AM
 
21,430 posts, read 7,461,898 times
Reputation: 13233
Law enforcement is the state responsibility.

Law enforcement authority is delegated by the state to the county and any municipality.

County governments are subdivisions of the state, created by the state. Counties can be subdivided, enlarged or dissolved by the state. Sometimes municipalities have had their law enforcement authority revoked. I can think of Cicero, IL for one, and some town in Florida (Waldo) this has happened to. I am not sure whether the state would remove the law enforcement authority from a county but it seems theoretically possible.

I couldn't say for sure an elected official can be fired by the governor (unless that procedure is specifically spelled out in the law or the state constitution, I am not familiar with this) it is probable that the governor could fire any law enforcement officer under the sheriff.

I did find this:

(55 ILCS 5/3-6001) (from Ch. 34, par. 3-6001)
Sec. 3-6001. Commission. Every sheriff shall be commissioned by the Governor; but no commission shall issue except upon the certificate of the county clerk of the proper county, of the due election or appointment of such sheriff, and that he or she has filed his or her bond and taken the oath of office, as hereinafter provided.


The sheriff receives his commission from the governor, not the county board nor the county clerk nor a judge nor anyone else in government. This implies that the commission can also be withdrawn by the governor for cause. Refusal to enforce a law passed by the state legislature and signed by the governor can be considered reasonable cause.
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Old 01-17-2023, 09:34 AM
 
13,601 posts, read 4,936,071 times
Reputation: 9688
Quote:
Originally Posted by JimRom View Post
If anything, we need more sheriffs and other law enforcement officers refusing to enforce unconstitutional laws.
.
Since when do Sheriffs decide which laws are constitutional and which are not? I thought that was the Supreme Court's job.

Do you really want small-time law enforcement all across the country picking and choosing which laws they will enforce?
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Old 01-17-2023, 09:43 AM
 
19,724 posts, read 10,131,910 times
Reputation: 13096
Quote:
Originally Posted by Leo58 View Post
Since when do Sheriffs decide which laws are constitutional and which are not? I thought that was the Supreme Court's job.

Do you really want small-time law enforcement all across the country picking and choosing which laws they will enforce?
Under the SCOTUS decision, this law is obviously unconstitutional. That legislature should be fired.
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Old 01-17-2023, 09:50 AM
 
21,430 posts, read 7,461,898 times
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Quote:
Originally Posted by Floorist View Post
Under the SCOTUS decision, this law is obviously unconstitutional. That legislature should be fired.
Which decision are you referring to your honor?
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Old 01-17-2023, 12:20 PM
 
7,150 posts, read 4,743,435 times
Reputation: 6505
I don’t see any indication that any parts of this law are being enforced In Illinois. All counties realize it’s going to the SC of Illinois and likely the USSC where it will likely be ruled as unconstitutional. “Shall Not Be Infringed.”
Who does this guy think he is, telling legal gun owners they’re now felons, protecting criminals, endangering lawful citizens’ lives because they can’t protect themselves. His no cash bail law and this BS shows that Mr. Fatty Billionaire is insane.
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Old 01-17-2023, 12:37 PM
 
7,150 posts, read 4,743,435 times
Reputation: 6505
Quote:
Originally Posted by Hesychios View Post
Law enforcement is the state responsibility.

Law enforcement authority is delegated by the state to the county and any municipality.

County governments are subdivisions of the state, created by the state. Counties can be subdivided, enlarged or dissolved by the state. Sometimes municipalities have had their law enforcement authority revoked. I can think of Cicero, IL for one, and some town in Florida (Waldo) this has happened to. I am not sure whether the state would remove the law enforcement authority from a county but it seems theoretically possible.

I couldn't say for sure an elected official can be fired by the governor (unless that procedure is specifically spelled out in the law or the state constitution, I am not familiar with this) it is probable that the governor could fire any law enforcement officer under the sheriff.

I did find this:

(55 ILCS 5/3-6001) (from Ch. 34, par. 3-6001)
Sec. 3-6001. Commission. Every sheriff shall be commissioned by the Governor; but no commission shall issue except upon the certificate of the county clerk of the proper county, of the due election or appointment of such sheriff, and that he or she has filed his or her bond and taken the oath of office, as hereinafter provided.


The sheriff receives his commission from the governor, not the county board nor the county clerk nor a judge nor anyone else in government. This implies that the commission can also be withdrawn by the governor for cause. Refusal to enforce a law passed by the state legislature and signed by the governor can be considered reasonable cause.
They cannot take office until after having been elected and then commissioned by the governor. But that gives no power to the governor to fire an elected sheriff.


QUOTE:
I don’t know where Pritzker gets the idea he even has the power to remove sheriffs in the first place. Under Illinois law sheriffs can’t formally assume their position until their commission has been signed by the governor, but Article 5, Section 10 of the Illinois constitution states that the governor “may remove for incompetence, neglect of duty, or malfeasance in office any officer who may be appointed by the governor.” Since sheriffs are an elected position, I don’t think that Pritzker has the power or authority to remove ones he deems non-compliant from their office, but I’m sure there are several sheriffs who’d love to see him try.

https://bearingarms.com/camedwards/2...v-fumes-n66100
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Old 01-17-2023, 12:41 PM
 
7,150 posts, read 4,743,435 times
Reputation: 6505
Quote:
Originally Posted by Leo58 View Post
Since when do Sheriffs decide which laws are constitutional and which are not? I thought that was the Supreme Court's job.

Do you really want small-time law enforcement all across the country picking and choosing which laws they will enforce?
Since when do governors decide to ignore the constitution and try to enforce unconstitutional laws.
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Old 01-17-2023, 12:50 PM
 
8,059 posts, read 3,947,393 times
Reputation: 5356
Update:

Now it's up to 85 out of 102 county sheriffs that won't enforce Pritzker's unconstitutional law

...And hand gun sales have doubled and rifle sales are up 10-fold in Illinois.

Heck of a job JB!!!
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