I was elected by the citizens of Nye County, both Democrats and Republicans, to serve as their Sheriff. This is my second term. The citizens of Nye County elected me to protect them from criminals and provide a safe environment for them to live and raise their families. I have always taken this responsibility very seriously.

Over the last forty-four years I have taken an oath many times to support and defend the Constitution of the United States and the Constitution of the State of Nevada. I did this as a law enforcement officer and as the Nye County Sheriff. I do not now, nor have I ever, taken my oath lightly. I am a life member of the Constitutional Sheriffs and Peace Officers Association. 

For me, this gun legislation is a political statement and as such is in direct conflict with the Second Amendment's delineated rights, "A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." In addition, the Marbury vs. Madison decision concluded that "All laws which are repugnant to the Constitution (the Constitution of the United States of America) are null and void."

History seems to be repeating itself in the United States; in Germany prior to WWII we saw Hitler place restrictions on the public's right to bear arms, then we stood by and watched him seize the firearms from his citizens, placing them "under the protection of the state." Today, we see politicians use the death of innocent victims to advocate for laws that prevent the non-criminal, law abiding citizens of our communities, from transferring firearms between individuals without a background check, limit the types of firearms they buy and regulate the capacity or type of magazines for the firearms they own.

The term criminal defines the fact that the person committing crimes is not law abiding. The fact that there is rhetoric to enact new laws each and every time a criminal commits a bizarre crime or does something heinous amazes me. These new laws penalize our law-abiding citizens. The person who committed the crime did not respect our laws in the first place, so how does passing new more restrictive laws which our citizens must obey, help make things better? As a law enforcement officer, District Attorney Investigator, and now Sheriff, I have had dozens of opportunities to put real criminals behind bars, but because of politics, inadequate staffing or a lack of desire or funding, these individuals are allowed to plead to a lesser crime, are placed into diversion programs, win their cases on a technicality, and in a few instances, are not prosecuted appropriately.

Our staff is thin, our budgets are limited, and our responsibilities are laced with state mandated unfunded programs; we struggle to enforce the laws that exist. By signing this Bill into law does nothing but make it more difficult for law-abiding citizens to transfer ownership of weapons, place an additional burden on law enforcement, and encourages citizens to "turn in" their family members, neighbors, friends and acquaintances. These incidents, for the most part, will become "he said she said" unprovable cases which will increase our work load. The majority of people are not the criminals we need funding to focus on; criminals will transfer, buy, sell guns regardless of laws. These are the people paying for the enforcement of these new laws through taxation. Even if I were inclined to participate, the infrastructure is not in place to transfer firearms in this manner, the ATF is an integral part of the transfer process and, as far as I know, has declined to participate.

As Sheriff of Nye County, I agree with Sheriff Watts, I will not participate in the enforcement of this new law and certainly won't stand silent, while my citizens are turned into criminals due to the unconstitutional actions of misguided politicians.

 

Above all, it is the perspective of these people - the role in which they see themselves - that shapes their decisions, their demeanor and their ability to keep the peace. Some see themselves as   p r edator s  at the top of the food chain, while others see themselves as supervisors of the people.  Still others, and very few in number, see themselves as protectors and servants.

Here are some of the responses we have collected in the past when we asked about the primary duties of the law enforcement officer:

• To serve the citizens is his jurisdiction by enforcing the laws established by the legislature.
• To serve and protect lives and property. 
• To enforce the laws of the state and country.
• To serve and protect the citizens of the United States
• To insure the safety of citizens as well as yourself.
• To protect and serve the community
• To keep law and order in your area.
• To protect the people from themselves
• To serve and protect life, liberty, and property and to uphold the Constitution of the United States of America.
• To patrol and be seen.
• To listen to complaints and bitches from the general public.
• To uphold the laws of the state and of the U.S.; Evil-doers beware, because crime fighters never rest.
• To kick ass and take names.
• To protect and serve the community

There are some encouraging answers here, but there are also some disconcerting ones.  And when we ask these cops to define the greatest threat to freedom in America today, we get responses such as organized crime, street gangs, drugs, domestic violence, and the like.  

It's easy to see that the crucial factor in these responses is training.  The officers who used words such as "protect" an "serve" are those who received their academy training twelve or more years ago. And those who see themselves as the big fish in the ocean are newly graduated products of more "modernized" police and  sheriffs  departments.  

This brings me to the main point of this discussion.  Citizens who really want to do something about their living and working environment as it relates to being left alone by the police, will have to influence the actual training received by the police and sheriff's deputies. Every state has a standards agency which sets requirements for training and certification of peace officers.  Citizens need to find out who is on these agency boards, and what kind of training they received.  Then they should obtain the actual lesson plans for the entire curriculum of the recruit academies and see if fundamental principles are taught.  One such principle is that the greatest threat to freedom in America is not from crime, but rather from government.  

Determine if  police  policy manuals contain  important statement s like the following:

    

"The application and enforcement of the law must be accomplished in the spirit set forth by the framers of the Constitution.  The rights of each citizen are equal with those of the state, which might accuse him."   

~Mesa PD Gen. Order   01.103~

"A frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of a free state." 

~Art. 2, Sec. 1, Arizona Constitution~

 

"Officers should display a reverence for the legal rights of all citizens and a reverence for the law itself." 

~Mesa PD Gen. Order 01.103.B.4~

 

"Enforcement action should not be taken in grudging adherence to the rights of the accused, but in the spirit of ensuring that the rights of accused persons are protected by the police."  

~Mesa PD Gen. Order 01.103.B.3~

 

"All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights." ~Art. 2, Sec. 2, Arizona constitution~

 

"We love peace, as we abhor pusillanimity; but not at any price.  There is a peace more destructive of the manhood of man than war is destructive of his material body.  Chains are worse than bayonets." 

~Douglas Jerrold (1803-1857 )~    

 

You should find out if the original Law Enforcement Officers Code of Ethics is still taught and made a part of policy manuals. It contains pledges such as, "I will keep my private life unsullied as an example to all", and "I dedicate myself before God to my chosen profession, law enforcement."

 

The truth is that the Federal and state Constitutions and bills of rights were written to protect the people from the police .   And the only legitimate purpose of law enforcement is to protect God-given individual rights.

 

The International Association of Chiefs of Police (IACP) has produced a replacement called the Code of Conduct, which has removed those important statements.

 

Please find out what is taught in your local police academy, and publish the  results of your investigation. H old the chief of police, the county sheriff, and their elected bosses accountable.  These standards are public information, and citizen involvement is fundamental to accountability. If we don't take these steps, we shouldn't complain about the type of law enforcement we have.