Sheriff Mueller Won't Enforce Federal Gun Control Laws Deemed Unconstitutional

Sheriff Tim Mueller

Sheriff won't enforce gun laws considered unconstitutional in Linn County.

By H. Nelson Goodson

January 21, 2013

Albany, Oregon - Last week, Linn County Sheriff Tim Mueller made headlines for sending a letter to Vice President Joe Biden strongly opposing any gun control laws that would be considered unconstitutional. Sheriff Mueller stated that previous criminal events like the Sandy Hook massacre in Newtown, Connecticut has triggered politicians to attempt "to exploit the deaths of innocent victims by advocating for laws that would prevent honest, law abiding Americans from possessing certain firearms and ammunition magazines."

Sheriff Mueller became the first law enforcement official in the country to publicly oppose any type of federal gun control bill deemed unconstituional that would be proposed or approved by the federal government restricting further the rights of law abiding citizens in his county when buying weapons. 

Sheriff Mueller wrote, "Any federal regulation enacted by Congress or by executive order of the President offending the constitutional rights of my citizens shall not be enforced by me or by my deputies, nor will I permit the enforcement of any unconstitutional regulations or orders by federal officers within the borders of Linn County Oregon."

Vice President Biden recommended that assault rifles and high capacity 30-round magazines should be ban. The government would only allow 10-round magazine to be sold and acquire by law abiding citizens. Biden suggested, making it a mandatory for a universal background check when buying guns. The background check would eliminate private owner gun sales. Also, making records of the mentally ill people more accessible to law enforcement. President Barack H. Obama signed multiple executive orders concerning the proposed gun law restrictions recommended by Biden.

The U.S. Congress would have to approve any gun control legislation backed by Obama and Biden.

The following is the full contents of Sheriff Mueller's letter to Vice President Biden dated January 14.

Dear Mr. Vice President, 

I am Sheriff Tim Mueller, elected twice by the citizens of Linn County Oregon who have entrusted me with a noble cause: to keep them and their families safe. My deputies and I take that responsibility very seriously and, like you, have sworn to support the Constitution of the United States. I take that oath equally as serious as protecting our citizens. I have worked for the people of Linn County for over 28 years as a member of the Linn County Sheriff's Office as well as serving three years active duty as a Military Police Officer in the US Army, where I also swore a similar oath.

In the wake of the recent criminal events, politicians are attempting to exploit the deaths of innocent victims by advocating for laws that would prevent honest, law abiding Americans from possessing certain firearms and ammunition magazines. We are Americans. We must not allow, nor shall we tolerate, the actions of criminals, no matter how heinous the crimes, to prompt politicians to enact laws that will infringe upon the liberties of responsible citizens who have broken no laws.

Any federal regulation enacted by Congress or by executive order of the President offending the constitutional rights of my citizens shall not be enforced by me or by my deputies, nor will I permit the enforcement of any unconstitutional regulations or orders by federal officers within the borders of Linn County Oregon.

In summary, it is the position of this Sheriff that I refuse to participate, or stand idly by, while my citizens are turned into criminals due to the unconstitutional actions of misguided politicians.

Respectfully, 

Sheriff Tim Mueller

Linn County Sheriff