At least 74 Illinois sheriff's departments vow to defy state assault weapons ban

[riversedge]

Source: abc news



The sheriffs say they believe the law violates the Second Amendment.
By Peter Charalambous January 13, 2023, 6:01 PM




Just days after Illinois became the ninth U.S. state to ban assault rifles, the state already hit a roadblock to implementing the law: defiant sheriff's offices.

At least 74 Illinois sheriff's departments have publicly vowed to defy elements of a recent gun-control law signed by Gov. J.B. Pritzker, which banned assault weapons, high-capacity magazines and switches. The offices have vowed to not check if weapons are registered with the state or house individuals arrested only for not complying with the law.

As the number of uncooperative sheriff's offices increased, Pritzker has made his own vow – to ensure those members of law enforcement who fail to "do their job… won't be in their job."


The Illinois Sheriffs Association issued a statement Wednesday expressing continued opposition to the law. Simultaneously, dozens of sheriff's offices began to post nearly identical messages promising they would not check for compliance with the law or arrest offenders of the law.


Jim Kaitschuk, executive director of the Illinois Sheriffs Association, said he drafted the statement which sheriff's offices began to sign or modify.
Recent Stories from ABC News

"Therefore, as the custodian of the jail and chief law enforcement official for DuPage County, that neither myself nor my office will be checking to ensure that lawful gun owners register their weapons with the State, nor will we be arresting or housing law abiding individuals that have been charged solely with non-compliance of this Act," DuPage County Sheriff James Mendrick wrote in a statement, which was mirrored by dozens of other offices.
.....................

Kaitschuk said he disagreed with the idea that sheriffs have an obligation to check compliance with the law or house offenders in their jails.

"That is not a charge that is provided to us, or mandated to us in the bill that passed and was signed by the governor," he said.
......................................



Read more: https://abcnews.go.com/US/74-illinois-sheriffs-departments-vow-defy-new-state/story?id=96384352

---

Link to tweet

?s=20&t=


Illinois passes assault weapons ban
Gov. JB Pritzker signed the bill into law after the House passed an amended version on Tuesday.

[hlthe2b]

1. Damned morons don't care about the risk these guns pose to THEIR OWN officers.

Nothing but contempt for these arrogant a'holes.

[PatSeg]

42. Yes, most police

hate have such weapons on the street, as they are often the ones who get shot.

[bucolic_frolic]

2. Law Enforcement doesn't care about enforcement of the law

[mucifer]

3. guns are their gods they worship

[C0RI0LANUS]

4. When one of these assault rifles have been

used against students in a school or one of their own police officers in Illinois, what happens to Jim Kaitschuk and James Mendrick?

[mpcamb]

5. At that point there'll be some interesting court cases.

[J_William_Ryan]

6. More pointless, idiotic political theater from the right.

There’s actually not much for sheriffs’ departments to ‘enforce.’

It’s still legal to possess an assault weapon; the ban prohibits the sale of new weapons by Federally licensed firearm dealers who aren’t going to risk their business and invite legal jeopardy by selling illegal weapons – no ‘enforcement’ necessary.

As for sheriffs’ offices not checking to see if someone has registered his assault weapon with the state, gunowners have until October 1st of this year to register.

[Kaleva]

24. So someone can go to a neighboring state and buy one

And not bother with registering the weapon as there will be no enforcement

[NickB79]

46. Depends on which state, and private vs dealer sale

For example, I'm in Minnesota. There's a .22 revolver I want to own that's not legal to sell in Minnesota; it uses an inexpensive alloy frame and Minnesota still has Saturday Night Special laws in effect.

It's legal to sell across the border in Wisconsin, but I can't legally go there and buy it from a dealer without being a resident of Wisconsin.

Now, if it was a private sale, all bets are off. No universal background checks yet.

[Kaleva]

94. That law doesn't apply to long guns such as assault weapons

You don't have to be a resident of the state in order to buy a long gun in that state

[NickB79]

96. In some states, you need a handgun permit to buy an AR

Minnesota requires a handgun permit to buy any long gun with a pistol grip.

[Kaleva]

99. That's something I didn't know

[Sgent]

92. Not legally

Private individuals can't purchase a gun out of state, and can't be legally sold one by a firearms dealer. "Mail order" guns are sent to a local dealer who runs the background check.

[Kaleva]

93. That only applies to handguns. You can buy an assault weapon out of state

or any other long gun

[Kid Berwyn]

7. Police loyal to the NRA

Nice infiltration, Putin.

[Roisin Ni Fiachra]

8. Fire them all, and hire folks to replace them who actually want to serve and protect

the people of Illinois.

[paleotn]

10. They're elected.

Can't be fired and their constituency is with them, so good luck un-electing them in the next election. But they can be indicted and removed for violations of the law. Happens a lot in rural America and not so rural America.

[modrepub]

25. Agree

There's a boat load of sheriffs in my state who would react the same way.

And since there are more Red counties in my state than Blue counties, it appears on the surface that there's a vast majority of Sheriff officers who oppose gun bans. I have counties in my state that have total populations that are on the order of the number of people in my voting precinct.

It's too bad there aren't groups of POC who'd head out to these counties with AR-15s or some other high-powered assault rifles and just follow the sheriffs around to see what their reaction would be. Probably wouldn't end well but I can almost guarantee that most law enforcement officers wouldn't feel comfortable with "those people" following them around with guns.

[MarineCombatEngineer]

27. Sheriff's can't be fired except in extreme circumstances,

they are elected by the citizens of their county, which means the citizens of those counties approve of their stance.

[Prairie_Seagull]

61. Isn't not following the law and 'extreme circumstance"

Seems pretty straight forward to me. Your job is almost by definition to enforce the laws. Isn't it extreme when you unilaterally decide which laws you choose to follow?

[MarineCombatEngineer]

62. Tell that to the citizens of their counties,

very rarely are Sheriff's removed for crimes or malfeasance.

The bottom line is that the state has very few options for removing these Sheriff's, about the only way is to vote them out of office and that would only happen if they tried to enforce the new laws.

County Sheriff's have very wide latitude on what laws they will enforce or not enforce, they can claim that they don't have the resources to do so and would rather use the available resources on other crimes.

[orleans]

82. i am a citizen of one of those counties & i say fire that fucker if he doesn't want to enforce the

law!

f him!

btw--it's a blue county

[MarineCombatEngineer]

87. If you're a citizen of that county, and I'm not doubting it,

then the next election, vote against him, that's the way to fire him, but it would seem that the majority of your fellow citizens agree with him.

[orleans]

90. i doubt it. we're considered a blue county -- not as blue as chgo but blue nonetheless

i'm not downstate illinois near a cornfield -- im in a western burb next to cook county (chgo)

[paleotn]

9. Corn land.

Downstate IL. Where levels of education plunge, religion becomes a big thing and ignorance runs rampant.

[ProfessorGAC]

70. Don't Forget Soybeans

Get 50 miles south of I-80 & corn and soybeans are all one sees until Bloomington, then again until Springfield.
Moreso farther south.
Around here SE illinois is referred to as Illitucky.

[groundloop]

11. These 'sheriffs' are just politicians bowing to their r/w voters....

I wonder what the actual officers who are in the line of fire have to say about all the assault weapons on the street.

[Freethinker65]

12. Then I assume those sheriffs will be charged with aiding and abetting...

If any of those weapons they allowed get used in criminal acts.

[lonely bird]

13. One is curious

How will these law enforcement officers react when they encounter a Black man with an AR-15?

[Marthe48]

18. I imagine the black man won't need to be armed

for the scofflaws to react.

[lonely bird]

32. True but...

It will provide an extra excuse for their behavior. “Black man ‘acting wildly’ and is armed with an AR-15. Shoot on sight.”

Policing in this country is completely fucked up.

[sinkingfeeling]

14. But if I refuse to register my cars,, will they refuse to arrest

me? Thought sheriffs swore to uphold the law.

[MichMan]

79. Many large metropolitan areas are refusing to make police stops for expired registrations

burnt out or broken lights, and noise violations.

[3auld6phart]

15. Asrsebhoes

The American citizens are, Over policed with asshole plastic hats.incompetent jerks seem incapable of keeping a a lid on shootings and crime there. Over paid do-nut shop guards.

[Marthe48]

16. If they can't/won't do their job, fire them

Their job is to enforce laws, not interpret them from their units.

[Kaleva]

20. They are elected officials.

[Marthe48]

21. Too bad election has come to mean 'above the law'

and 'above the law' means 'act with impunity'

[MarineCombatEngineer]

30. This is something alot of people don't seem to understand,

Police Chiefs are appointed while Sheriff's are elected by the people of that county.

[Marthe48]

33. I know sheriffs are elected

The old dude who was sheriff and on the ballot for a million years retired, so there was a new name. r, unopposed.

If the people elected will not do the job they are elected to do, what is the voters' recourse? We see elected people from the top down defying laws, defying subpeonas, refusing to do the jobs they were elected to do. I resent that I abide the law, for free, with the expectation that I live in a culture that is bound by laws, and yet, scofflaws get paid to defy what they are supposed to defend. I guess being good has to be its own reward.

[Kaleva]

34. The sheriffs are doing what their gun loving constituents want them to do

And that is to not enforce the ban

[MarineCombatEngineer]

37. My apologies if you thought I was talking about you specifically,

I wasn't, I was talking in general terms.

[Marthe48]

40. No worries

My post sounds like I'm unaware of the process. It is disheartening to me that so many people who run for office and those who vote for them don't take the office or the vote solemnly.

[DBoon]

73. In Los Angeles County, the Board of Supervisors can remove a Sheriff

Los Angeles County, Measure A, Removal of Sheriff for Cause Amendment (November 2022)

Los Angeles County Measure A was on the ballot as a referral in Los Angeles County on November 8, 2022. It was approved.

A "yes" vote supported allowing the Los Angeles County Board of Supervisors, by a four-fifths vote, to remove the sheriff from office for cause, which is defined to include: violation of laws related to the sheriff's duties; repeated neglect of the sheriff's duties; misuse of public funds or properties; willful falsification of documents; or obstruction of an investigation into the department's conduct.  

It was passed by just about 72% of the voters

https://ballotpedia.org/Los_Angeles_County,_Measure_A,_Removal_of_Sheriff_for_Cause_Amendment_(November_2022)

[Marthe48]

75. I'd like to see this kind of measure spread

Until elected officials the bar is set higher, however you want to describe getting candidates vetted, in a vetting process that points toward ethical people, we need some way to check people who ignore their oath of office.

[underpants]

17. Mendrick doesn't seem to know that "law abiding" means

He’s just repeating words.

[Kaleva]

19. The sheriffs will be voted out of office if they try to enforce the ban.

[discntnt_irny_srcsm]

23. "While private gunrunners continue to thrive...

...the world's biggest arms suppliers are the U.S., U.K., Russia, France, and China. They are also the five permanent members of the U.N. Security Council."

IMNSHO, government sees to its own survival.

[orleans]

83. not necessarily. nt

[Kaleva]

84. Maybe not but it might not be a chance they are willing to take

[orleans]

85. i'm hoping pritzker finances some ads against them next time they are up for

election; he did that with the mayor of aurora who was running for gov.
(from my understanding anyway)
and he can def. afford to do that with these assholes & kick their asses

[Kaleva]

86. +1

[2naSalit]

22. Another display of the...

Self appointed legal expertise of nonappointed legal dunces.

Guess they need to be replaced. And, perhaps, there should be widespread audits of police academies around the country and some kind of observation of the stuff they are actually teaching and encouraging during training. That's one place where these fuckers can be identified and weeded out.

[Kaleva]

26. How are you going to replace elected officials?

If these sheriffs attempt to enforce the ban, it's very likely the voters will run them out of office and replace them with people who won't enforce the ban

[2naSalit]

31. There's always the problem...

Of replacing them with the trash. But training upon hiring should be the place where law enforcement can see change begin.

Sheriffs who refuse to enforce the law/do their jobs/defy the law, they can be charged with violation of laws, same as any citizen, allegedly. And that can keep happening until lawful individuals are elected. The dept. could also be superseded by higher authorities if they refuse to conduct themselves in a way that allows our rights to be observed and respected. Kind of in the way that a school district of a city can be placed in receivership.

[Kaleva]

36. The sheriffs aren't hired. They are elected.

Your comment:


"But training upon hiring should be the place where law enforcement can see change begin."


"Sheriffs who refuse to enforce the law/do their jobs/defy the law, they can be charged with violation of laws, same as any citizen, allegedly. "

Is it against the law in Illinois to not enforce a law? What specific crimes could the sheriffs be charged for?

[2naSalit]

44. Picky, pedantics.

a). Yes, I understand that they are elected and that is not the point in my statement about them being "hired". They took a job I'm not contesting how they got that job. Yes, it's an elected office, also a job.

Incidentally also a job where an oath to uphold the law is taken. Not doing so is violation of oath of office for starters. If they have a personal objection to upholding laws, they need to step down, resign as with any other law enforcement or high level elected position.

Local ordinance does not supersede federal law in the vast majority of legal code just because some sheriff is claiming sovereignty outside the US Code.

So sue me for posting without enough caffeine.

[Kaleva]

50. Their job is to do what the voters want them to do

Again, what law makes it a crime to not enforce a law?

[2naSalit]

53. Perhaps it's the OATH they take to uphold the law?

[Kaleva]

54. An example oath

"Sheriffs' Code of Ethics
"As a law enforcement officer, my fundamental duty is to serve mankind, to safeguard lives and property, to protect innocent against deception, to protect the weak against oppression or intimidation, to protect the peaceful against violence or disorder, and to respect the Constitutional rights of all people to liberty, equality, and justice."

https://oregonsheriffs.org/office-of-the-sheriff/#:~:text=I%20recognize%20the%20badge%20of,law%20enforcement.%22

There argument is that the ban violates people's Constitutional rights.

[2naSalit]

57. Not their job to decide that.

[Kaleva]

58. True, it's the job of the people who elected them to decide.

[2naSalit]

59. Which could be different on a...

Case by case basis or change over time. Also, could be a voter suppression issue too.

[MarineCombatEngineer]

28. The only way to replace them is for the citizens of their perspective counties

to vote them out of office, which would probably happen if they tried to enforce this new law, besides, I sincerely doubt this will survive a court challenge, especially at the Federal level up to the SCOTUS.

I'm all in favor of this law, but I'm also a realist and being a realist, I'm pretty sure this is going to be struck down.

[mountain grammy]

29. and the "beliefs" of law enforcement must be respected

so we can have masacres like the Q in CO Springs and Robb Elementary School in Uvalde.

Law enforcement officers who refuse to enforce the law is nothing new in America where many believe they are judge, jury and executioner whenever they damn please.

[bluestarone]

35. The cult is deeply embedded

Imploding our democracy State to State.

[GreenWave]

38. Jail them without pay then.

[Aristus]

39. Okay, sheriff. Someone ventilates one of deputies with an assault rifle.

What do you do? Praise the guy for exercising his Second Amendment rights?

Come on, be honest.

[NickB79]

49. They'll ventilate the bad guy in response and call the dead deputy a hero

Give his wife and kids a plaque, maybe name a street after him, and say they need more money for military grade weapons and armor to fight the rising crime rates. And blame Democrats for the rising crime rates.

[kacekwl]

41. These are the same sheriff's who screen about crime. These are

the same sheriff's who will gladly stand outside the school, mall, church and wait for the killer to finish killing everyone before they wander in because it's too dangerous. If they can't be fired then the shouldn't be paid. Inexcusable.

[Aristus]

56. "I ain't goin' in there, Buford. He gots hisself a assault rifle!"

"Jes' relax there, Mervis. We'll git one-a them parents ta go in there fer us."

[Emile]

43. 74 Sheriffs who are willing to put their jobs on the line for fascism!

[NickB79]

45. Their jobs aren't in jeopardy

They're elected. Enforcing the law would put their jobs in jeopardy.

[Emile]

47. The next mass shooting could be in one of their counties. If

it could have been prevented if the Sheriff had knowingly ignored laws already on the books, it could easily come back on them for not doing their job.

[NickB79]

48. Has a mass shootings EVER changed a red county blue?

It's pretty clear that a sizeable portion of our country now accepts dead children as an acceptable tradeoff for more gun rights.

[Kaleva]

51. Mass shootings haven't changed the minds of many pro gunners

[Emile]

52. Pro gunners are all about enforcing laws already on the books!

[dobleremolque]

55. Eliminate the elective office of sheriff. It's an anachronism. n/t

[MarineCombatEngineer]

63. Good luck with that.

Sheriff's have been around since the founding of our republic and aren't going away anytime soon.

[DBoon]

74. Sheriffs were around in Anglo Saxon Britain

They were originally called "Shire Reeves" meaning the one in charge of the Shire

Plenty of other Medieval titles have been abolished since the 8th century, or at least had their powers severely diminished

[MarineCombatEngineer]

88. Ok, great info,

but, let me ask you this, in this political environment, would that even be possible?

[Roy Rolling]

60. Anarchists

They don’t follow the laws, they’re anarchists.

The absolute worst person in law enforcement is an anarchist.

Are people just this fucking stupid? A “sheriff’s office” declaring anarchy?

[elias7]

64. Be careful what you wish for sheriff!

[Grins]

65. Need to get rid of Sheriffs. A relic from long ago.

A law onto themselves and almost impossible to get rid of them.

[IronLionZion]

66. Do they have many wild hogs running around rural Illinois?

Why do these sheriffs want people to have assault rifles?

[Evolve Dammit]

67. The NRA has long-since indoctrinated these "law enforcement" officers. We are so divided; propogada

[LiberalFighter]

68. I don't have any nice thoughts for them.

I wonder how many of them have violated rights of citizens?

[BlueIdaho]

69. Proving once again

There isn’t one single Sheriff in this whole goddamn country that’s worth two shits.

[The Grand Illuminist]

71. Withhold all funding in these counties then.

nt

[MichMan]

80. Pritzker needs to make an example of them

No more police, fire, schools, garbage, water, food stamps, road repairs, nothing....

[The Grand Illuminist]

81. No compliance without question, no money

It is that simple.

[llashram]

72. anarchy

anarchy from people expected to uphold the law. Amazing...not! How many were present 1/6 trying to overthrow a legal election, our Constitution and the Bill of Rights?

[Emile]

76. The NRA is all about enforcing laws already on the books.

This will piss off the NRA.

[raising2moredems]

77. Their opinion is just that - opinion

And all should be removed from office, including the security guard that passes for my county's "sheriff". I will likely be sending correspondence to the IL Attorney General regarding a family owned firearm. Neither the "sheriff", local "state's attorney", state "rep" and state "senator" will provide an answer so I'm not going to waste my time. In a nutshell, all those that "refuse" are coddling criminals and immigrants (legal or otherwise) as immigrants are required, by Federal law, to follow all local and Federal laws.
I will also mention that the next time my idiot "sheriff" sues on behalf of "all residents of the county" that the state object as not all agree with his idiotic views.

[Lars39]

78. Can't help but wonder if they're part of the guns pipeline

to Chicago. Or at least some of them.

[ecstatic]

89. In other words, law enforcement once again refusing to obey the law

Laws don't apply to them, I guess.

[Turbineguy]

91. Maybe it's better to be shot with an assault rifle

than another gun?

[maxsolomon]

95. didn't know there were that many counties in Illinois

but there's 102! by contrast, Washington state only has 39, including joke county Wahkiakum, with

[BrittheKen]

97. News Flash!

Our policing staff in America contain a large number of Rightwing Zealots who lie, cheat, steal their way through life. They misquote the US Second Ammendment with glee constantly. They also cover up for criminals of the Right on a constant basis.

America has a serious honesty problem, especially within our governance.

[FakeNoose]

98. Welcome to DU

In most areas of the US the county sheriffs aren't part of a regular police department. Sheriffs are usually responsible for delivering warrants and subpoenas, and other duties for the judiciary. Sometimes they might transport suspects or witnesses for trial, etc. A lot of their activities could be considered administrative. The things you say might actually be more true of certain municipal police departments, depending on the county and the state.

[gopiscrap]

100. welcome to DU