County affirms resolution recognizing 2nd Amendment – Post Register
BLACKFOOT More than 20 people were in the Bingham County commissioners chambers Tuesday afternoon to discuss the possibility of Bingham County becoming a Second Amendment sanctuary as talks and concerns whirl around gun laws, ammunition, magazines, and firearm accessories.
County Prosecutor Paul Rogers, Civil Attorney Chase Hendricks, and John Dewey worked to put together a proposal for the commissioners to review.
Commissioners Mark Bair, Whitney Manwaring, and Jessica Lewis made it clear early that they support the rights of the residents of Bingham County, but wanted to ensure that they were not delving into a rabbit hole as they pursued the information regarding such a sanctuary.
Rogers noted that he did not like the language of sanctuary because of the connotation that it could appear as Bingham County is trying to distance itself from the state of Idaho. Under former Gov. Butch Otter in 2014, Idaho approved a similar law that they would not impede the rights of its citizens from procuring a firearm or the size of the magazine, or any other accessory that could be placed on one.
Members of the community asked to speak with the commissioners on the subject with expressing information that has been in the United States history including the Federalist Papers by James Madison. He expressed that he understands the Federalist Papers to include that the federal government and local governments would work together in certain processes and left the state government out of the process.
He fortified this explanation following comments from Bingham County Sheriff Craig Rowland who explained that when his office works with federal agents, be it FBI, ATF, or the U.S. Marshals, it does not normally involve the Idaho State Police as they are normally notifying him that they will be in his area of jurisdiction working, or requesting his office aid in an investigation. Rowland explained that it is not a jurisdictional issue that ever arises, but more so that they work in unison to achieve a goal or apprehend a suspect.
Others asked if going forward with declaring Bingham County a sanctuary county would in turn cause issues with the state, essentially noting each person as a felon for disobeying law. It was expressed that the state searched out the answer on this exact subject matter, which was decided to be completely legal under the law and would not inadvertently create a large number of criminals by accepting such a resolution.
Commissioner Bair noted that he wanted to ensure that any resolution that they would affirm would not be limited to only firearms, but also include ammunition, attachments and accessories, as well as magazines. He noted that some of the discussion involved limiting the magazine size of the firearms, in essence, forcibly lowering the persons right to bear arms to the extent that they wish.
Others noted that the previous bills introduced federally involved limiting caliber, magazine size, ammunition, and firearm type or at minimum, charging specialized taxes depending on type of firearm. Commissioner Manwaring echoed Bairs input, expressing the desire to go forward with a resolution that would state that they would not support any new legislation surrounding gun control.
The resolution states, BE IT FURTHER RESOLVED that the Board of County Commissioners of Bingham County commits not to support, financially or otherwise, any enforcement of any new federal law, statute, policy or standard that will infringe upon the rights of the citizens of Bingham County that are granted upon them through the Second Amendment to the Constitution of the United States and furthermore granted by Article I, Section 11 of the Constitution of the State of Idaho and in Idaho Code and we fully support the enforcement of Idaho Code 18-3351B.
Sheriff Rowland noted that he would not be willing to enforce any new gun law that would directly infringe upon the rights of the residents of Bingham County provided to them by the Second Amendment.
The commissioners would go on to sign the resolution and have it notarized by county Clerk Pamela Eckhardt.
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County affirms resolution recognizing 2nd Amendment - Post Register