Don’t make ordinances just to make ordinances – Dubois County Sheriff

Dubois County — Is it necessary for the County Commissioners to pass an ordinance declaring their support of the 2nd Amendment as debates rage on about gun control in the nation?

Spurred by national tragedies like the Sandy Hook Shooting, some that consider the right to safety to be intrinsic in the Constitution are pushing for the counties to realize their own power and stop the infringement upon Constitutional rights at a local level.

To this end, Commissioner Doug Uebelhor invited Franklin County Indiana Commissioner Scott McDonough to speak to the Dubois County Commissioners about passing an ordinance in support of the sheriff upholding rights guaranteed under the Second Amendment. Franklin County passed a similar ordinance in January called the 2nd Amendment Preservation Ordinance.

McDonough told the commissioners that the Second Amendment Preservation Ordinance was passed to educate residents on the flow of power and to show support for the sheriff of the county.

McDonough stated before he began researching the subject, he felt the counties had little to empower themselves in regards to federal mandates. After hearing of Beaufort County, North Carolina passing an ordinance affirming their own Constitutional stance, McDonough, who holds a juris doctorate from the Oak Brook College of Law and Government Policy in Fresno, California, began to research those governmental powers. He realized the county sheriff has the power to enforce the constitution in the county.

“You’ll have a federal marshal or federal agent come in and work through the sheriff to enforce the law in the county,” he told the commissioners. “If the sheriff believes the law they are trying to enforce is unconstitutional, they are stuck. There’s nothing they can do.”

In light of that, he and his fellow commissioners passed the 2nd Amendment Preservation Ordinance supporting and even ordering the sheriff to uphold the 2nd Amendment in the county.

Ten citizens in attendance at Monday’s meeting showed support for the commissioners passing such an ordinance. Steve Lindauer, a Jasper resident and the public relations officer for the Southern Indiana Leatherneck Detachment of the Marine Corps League, asked them, “Would you guys be willing to take something like this up?”

“I think we need a little more research,” Commissioner Randy Fleck stated. “I personally do.”

Highway Superintendent Steve Berg was concerned about how the federal government could enforce any firearm control mandates by limiting federal funding for the county roads. McDonough stated he hadn’t seen any federal funding attached to any firearm control mandates. “I realize that is where the government sneaks in and I have yet to see anything attached to any gun control mandates.”

Commissioner Uebelhor stated before considering anything, they needed to take it to the public to get the public’s opinion.

Commissioner Larry Vollmer showed reluctance to pass any ordinance, “I have a little issue that they [Franklin County] are the only county that has done this,” he said.

Kevin Cox, a Jasper resident, then asked the commissioners if they took an oath to uphold the Constitution. “We do,” they chimed before closing the discussion at the meeting.

County Attorney Art Nordhoff showed some concern about the commissioners directing the sheriff to enforce any ordinance. I’m not real sure this board has the power to tell him what to do when it comes to law enforcement, Nordhoff said.

The commissioners may consider the ordinance at a future meeting, but they stated they would need more information before any decisions could be made.

Dubois County Sheriff Donnie Lampert is against any ordinances being created. “We don’t need more ordinances that basically don’t do anything,” he explained. “Let the system do its job. We need to review the current laws, ordinances and regulations and fix them, not create an ordinance just to create an ordinance.”

Sheriff Lampert has strong feelings about any firearm regulation but in regards to the reasons behind the ordinance he says he would prefer the commissioners show their support in other ways. “If they support this then make a public statement,” he said. “Call you guys [media] and make a statement of support or pass a resolution.”

“I am 100 percent against any infringement on the 2nd Amendment rights of our citizens,” Lampert said. “There’s many historical reasons. A lot of people talk about a God-given rights but I think that protecting yourself from evil is a God-given right. If people want to give away those rights, they can speak at the next election.”

[box border=”full”]In January, the Franklin County Commissioners passed the 2nd Amendment Preservation Ordinance; it reads:

All federal acts, laws, orders, rules or regulations regarding firearms are a violation of the 2nd Amendment

The Franklin County Board of Commissioners declares that all federal acts, laws, orders, rules, regulations – past, present or future – in violation of the 2nd Amendment to the Constitution of the United States are not authorized by the Constitution of the United States and violate its true meaning and intent as given by the Founders and Ratifiers; and are hereby declared to be invalid in this county, shall not be recognized by this county, are specifically rejected by this county, and shall be considered null and void and of no effect in this county.

It shall be the duty of the Sheriff of this County to take all measures as may be necessary to prevent the enforcement of any federal acts, laws, orders, rules, or regulations in violation of the 2nd Amendment to the Constitution of the United States.[/box]