Who gets to decide what is unconstitutional?

That’s at the heart of a proposal by local gun rights advocates to have Jay County pass an ordinance designating the county as a Second Amendment “sanctuary.”

The proposal, which will come back before Jay County Commissioners at their March 23 meeting, stems from concerns by gun rights advocates that Congress or the Indiana General Assembly might pass legislation restricting ownership of certain weapons.

While it seems highly unlikely Hoosier lawmakers would take such a step, those advocating the ordinance have seen dramatic changes in Virginia’s gun laws in recent months. And those changes have provoked anxiety on the part of some local gun owners.

They envision a scenario in which Congress, for instance, might outlaw ownership of AR-15 assault-type weapons. That’s not beyond the realm of possibility. Similar restrictions have happened before.

The folks who appeared before the county commissioners this week believe such a move would be unconstitutional.

And they believe local law enforcement would be caught in the middle, having to decide whether to enforce a new law or decide on their own that such a law doesn’t pass muster with the Constitution.

But most officers will tell you that’s not their call.

Their oath of office requires them to enforce the Constitution and the laws of the land. It doesn’t give them the authority — or the responsibility — of deciding which laws are or are not constitutional.

That’s the job of the courts. Ultimately it’s the job of the Supreme Court.

And a local ordinance — no matter how well intentioned — that is intended to allow local law enforcement to turn a blind eye to enforcing state or federal law is simply a fig leaf.

County commissioners don’t get to decide what’s unconstitutional. Nor do sheriff’s deputies or city police. That responsibility lies elsewhere.
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