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home : opinions : letters September 15, 2014


2/4/2013 10:19:00 PM
Letter: Sheriff Mascher's job is to enforce the law

EDITOR:

This letter is to respond to Yavapai County Sheriff Scott Mascher's recent irresponsible statements and memos concerning imaginary gun laws, that the country is now discussing, and that he assumes will violate his inaccurate conception of the 2nd Amendment of the Constitution.

I stress that no laws have been written nor passed by Congress, The 23 Executive Orders (actions) of the president changed no current laws, and it is very disconcerting that the sheriff would issue memos to YCSO representatives demanding that they not follow a law (if passed) by the Congress of the United States or an Executive Order issued by the president, if Sheriff Mascher considers it not to be constitutional with the 2nd Amendment. Perhaps the sheriff can explain which of the 23 orders in detail he is against instead of political fear and pomp.

Sheriff Mascher is concerned about politicians who have passed no gun legislation in this Congress that would support his anticipated fear of violating the Constitution. The sheriff seems to be political himself in deciding which laws he will obey and which he will decide should be enforced. I believe that any legislation that is brought forth and passed by Congress and signed by the president will meet the criteria of constitutionality of the United States and will be affirmed by courts and justices, not by our local sheriff.

Sheriff Mascher, you have taken an oath to enforce all laws, federal, state, and county. Now then how, sir, do you justify making this irresponsible statement about laws that have not been written or even legislated at this time, and deciding which you will or will not enforce.

Jim Naumann

Prescott



Related Stories:
• Letter: Read the oath of office for sheriff's actual duties
• Letter: Mascher had reason to voice his opinion


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Reader Comments

Posted: Saturday, February 09, 2013
Article comment by: An American

@ Doc, By your wishes we impeach our nations attorney general along with the president, right?

Posted: Saturday, February 09, 2013
Article comment by: Doc Taylor

I chuckle anytime I read politicians, even those who happen to be in law enforcement like the sheriff unilaterally decide what laws in the country and state are illegal. Sheriff, please provide us with a legal opinion written by a member of the State Bar of AZ or an AZ judge to support your position. The fact is, there is none.

Failure to enforce the laws of the state of AZ and the federal government is an impeachable offense. In AZ, the remedy against those who act in this manner is to recall the elected official. Those who believe that Sheriff Mascher's positions are illegal should launch a recall. In the meantime, my hope is that he will practice law enforcement and stay away from politics. That is why he was elected.


Posted: Thursday, February 07, 2013
Article comment by: Attentive Listener

What part of "illegal" don't they understand?

Posted: Wednesday, February 06, 2013
Article comment by: Alan Whitney

Dear Kathy Svendsen,

News Flash: Sheriff an ELECTED office. Can't be fired.

My plan: Stop attacking the values that have held our society together. (Probably too late.) Meanwhile, don't try to make ME (and other honest citizens) pay for the mess we're in.

Any questions?


Posted: Wednesday, February 06, 2013
Article comment by: Mark Twain

Listen up sheriff. “It is better to keep your mouth shut and appear stupid than to open it and remove all doubt.”

Posted: Wednesday, February 06, 2013
Article comment by: Sheriff Mascher is not alone.

Sheriff Mascher is not alone:

http://cspoa.org/sheriffs-gun-rights/


Posted: Wednesday, February 06, 2013
Article comment by: Julie Smith

I don't think I could have said this any better, Jim. You are exactly right. How absurd to think a man with this power would make such a statement. It makes me sick and scared. I hope that people educate themselves before speaking and also realize that of course our rights will not be taken away. We need to take a step back and think about the safety and sanity of our country. It's not most important that we can all carry a gun on our pants walking down the street. What has become of us? Its very saddening.

Posted: Wednesday, February 06, 2013
Article comment by: Alan Whitney

Old Timer, you are sooooo right.

Posted: Wednesday, February 06, 2013
Article comment by: The Rev

John and I had like independent thoughts. Asking him about his experience would seem reasonable.

More importantly did you get what you needed Loki?


Posted: Tuesday, February 05, 2013
Article comment by: Mascher's just a politician

Pandering to the extreme right voters of Yavapai County who constitute the majority here. thank goodness the rest of the country is more enlightened, which is why we have Obama in power.

Posted: Tuesday, February 05, 2013
Article comment by: The Manipulator

The Rev wrote "John Galt have you gotten an answer to our shared questions?"

Enlisting others to do your research again? Funny how using a name like "The Rev" tends to induce others to do your work. They probably think they're earning god points...


Posted: Tuesday, February 05, 2013
Article comment by: An American

I think what you should be asking yourselves is, do you want to stop murders, or guns??....... I'm guessing the sherriff has decided which is most important....You see if you only go after guns, you will have no effect, but on the other hand, if you go after murders or potential murders, you might have some success..... Most of the commentors here have clearly defined which of the two they are after..

Posted: Tuesday, February 05, 2013
Article comment by: Uninformed And Ignorant

Some people are really ignorant and/or uninformed. I often wonder if they run their mouths the way the pound on their keyboard.

The sheriff has sworn to uphold the Constitution. Any law or executive order that is unconstitutional is null and void. I realize that many who write here do not like the 2nd Amendment, but it is part of our Constitution and the sheriff has sworn to defend it.

Sheriff Mascher is not alone. Many sheriffs across the country have said the exact same thing. Of course, you are ignorant and uninformed of that fact.


Posted: Tuesday, February 05, 2013
Article comment by: Kathy Svendsen

Great letter, Jim. It is true that no laws concerning gun control have passed Congress, and when it does, you can be sure it will be very mild. Fearful people work themselves into a frenzy at the very mention.

It would be interesting to hear suggestions from the posters what they would do to curb the violence rampant in our country, or do they believe the deaths attributable to guns is at an acceptable level. As for Sheriff Mascher, he should be fired. He is inviting chaos if allowed to continue.


Posted: Tuesday, February 05, 2013
Article comment by: The Rev

John Galt have you gotten an answer to our shared questions?

Posted: Tuesday, February 05, 2013
Article comment by: Perhaps a Recall Should be Considered

How are Mascher's actions any different than Obama's??

They're both men who have taken it upon themselves to singularly decide which cause to advance without regard for the will of the people.

Any politician who usurps established procedures to advance his own agenda is DANGEROUS.


Posted: Tuesday, February 05, 2013
Article comment by: DanP_from _AZ

Sheriff Mascher, you have taken an oath to enforce all laws, federal, state, and county. Now then how, sir, do you justify making this irresponsible statement about laws that have not been written or even legislated at this time, and deciding which you will or will not enforce.

Jim Naumann
****************************************************

OK Jim, how about the Nuremburg Trials as an example.

We hung a lot of Nazis by the neck until dead.
For following "lawful" orders which we decided after the fact were not lawful.

Following "unconstitutional or illegal" orders or laws did not save them.

And, as the winners, we got to retroactively decide what was illegal.

And, I whole-heartedly agree with the result. Evil, but dead Nazis.

And checking out the "Magna Carta" of 1215 might give you a hint
about how it works out to be the "All Powerful King".
And govern by decree. (Executive Orders?).

Even if "I won" is correct.


Posted: Tuesday, February 05, 2013
Article comment by: Jesse L.

Sorry Jim, you're just flat out wrong. THe courts have already been though this issue and Sheriff Mascher is well within his rights.

http://en.wikipedia.org/wiki/Printz_v._United_States


Posted: Tuesday, February 05, 2013
Article comment by: Arden Krutz

Jim, I'm sure that Barack Obama and his associates find you very "useful". With all the resources at their disposal including federal law enforcement, military aparatus, legal counsel, Executive authority and so many other mechanisms, no element of American society is as valuable to them as you and the others who are of such "use" to their regime. Even the media, which is of extreme value to the regime, comes in a very distant second to the "useful" ones...like you.


Posted: Tuesday, February 05, 2013
Article comment by: B S

Jim, It would violate the Sheriff's oath if he were to enforce an unconstitutional order. The Sheriff's Office and police departments do not enforce federal law anyway. So even if a law was passed by congress banning a scary looking firearm, the Sheriff's Office and local police department would not be tasked with following said law. That would be the feds, BATF. I support Sheriff Mascher and the other Sheriff's around the country who are standing up against King Obuma.

Posted: Tuesday, February 05, 2013
Article comment by: Craw Dad

To bad you hold our president to the same standard, you would be more convincing to me.

Posted: Tuesday, February 05, 2013
Article comment by: John Galt

Where was the outrage when the President directed federal agencies not to enforce immigration laws? Specifically, he directed them not to arrest, prosecute or deport a large segment of illegal aliens- the so-called dream act children.

Where was the outrage when the feds were telling Sheriffs in Arizona and other states that they could not enforce federal immigration laws?

Whether or not you agree with medical marijuana, there is a strong precedence of states and local governments choosing to assert their independence of federal laws.

So on this issue, why would anyone think that local enforcement must enforce SOME federal laws, but are not allowed to enforce others?


Posted: Tuesday, February 05, 2013
Article comment by: Prescott Valley Resident

Actually the oath in which the Sheriff and every other law enforcement officer takes is to uphold the constitution of the United States. That is first and foremost. So I think our Sheriff is doing what he is legally required to do.

Posted: Tuesday, February 05, 2013
Article comment by: Tom Bowden

Ever notice it's the same people that say local Sheriffs should NOT enforce Federal drug and immigration laws than are outraged when one says he would not enforce an unconstitutional gun law?

Posted: Tuesday, February 05, 2013
Article comment by: US Constitution

He has sworn an oath to uphold and defend the US Constitution. Just like a soldier, he is able to refuse to carry out an illegal order. Thankfully, many Sheriff's around the Country take their oath more seriously than the POTUS does.


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