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State officials vow to fight back against new gun laws

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    Legislative action against government under consideration

  • Duration 4:17
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Sheriff is now saying that he will ignore -- any of the White House is new gun control recommendations.

That his department finds unconstitutional.

President Obama -- to make that announcement about an hour from now but this year -- is not alone at least six states.

Say that they are seriously considering taking some sort of legislative action.

Against the government those states include Alabama Missouri.

Montana South Carolina Texas and Wyoming.

Meanwhile many sheriffs like -- one in Wyoming are calling also for action.

Just an anabolic -- senior judicial analyst here at fox and good friend of.

Yes you know this is an interesting area of law enforcement everybody in law enforcement in the judiciary takes the same -- I took the oath.

It's to uphold the constitution of the United States implicit in that -- Is a judgment that each individual makes is this order that my superiors have given me.

Is this request that my colleagues have asked of me is this application that lawyers have made before me consistent with the constitution.

Normally there is tremendous cooperation.

Between state and local law enforcement on one hand and the feds on the other.

And and that's for a variety of reasons they help each other sometimes the state has to call in the feds.

And the feds have something the states -- a big fat checkbook so the Fed's fund a lot of local law enforcement.

But occasionally the -- we'll -- state and local law enforcement to do something and they don't wanna do it might be against local law or state law.

For example in Colorado and in the state of Washington today local law enforcement.

Cannot enforce federal laws against marijuana because marijuana is permissible under state law that's a direct clash of direct conflict.

In this particular case with this.

Sheriff.

He is I think accurately.

Anticipating.

That the president will seek legislation and sign executive orders that will infringe upon the -- to keep and bear arms.

Is it a crime not for him to refuse to cooperate with the feds absolutely not does he have the discretion on the lawful ability to refuse to cooperate with the feds.

Yes he does this is actually a growing movement throughout the country.

Local and state law enforcement saying to the -- those -- Euro was UN force them.

There in -- it's fascinating and you when you look at an executive order.

I think most people would assume that that's an executive order that that has to be carried out across all levels of law enforcement in the country.

The last time about a practical matter -- how it might manifest itself because we are expecting.

That the president will put in this proposal.

-- limits on multiple clips limits on certain kinds of weapons.

A lot of those automatic that you can have how that manifests itself in.

-- how -- -- does imitations like on the size of the weapons the powerful weapons -- the amount of bullets that a clip can hold.

Can only be legislated by the congress the president can't do that.

And the president's executive orders can only apply to people who work for him employees of the federal government.

Harry Truman when he became president was scandalized to learn that the federal government was segregated the military.

-- and the civilian workforce -- executive order he stopped the segregation by race president has the power to do that.

Could he have desegregated state governments know he didn't have the authority now the president does because of the civil rights laws happily enacted since that.

So the president of the United States cannot tell a local sheriff a local police officer a state attorney general what to do he can only tell.

Federal law enforced and what to do but that's a big stick.

Because they sometimes show up.

With a checkbook.

And that's a great inducement.

To comply with what the feds want when they're gonna let you hire X number more police and -- -- gonna pay for it.

-- goes I don't know personally am very -- off her strings are very powerful I commend I applaud.

Local law enforcement when they say the Fed's.

Don't don't don't don't come here this is our problem and will deal with it the constitution means what it says right here.

Fascinating constitutional debate and edit yourself what interest said yes -- that's thank you so much hung up when this constitution thing.

We love that about -- And thank you judge a follow up --

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