2021 Sheriff Legislation

Nationwide Sheriffs play a large role in our Law Enforcement communities. One of their greatest sources of influence in our society is that they are typically elected officials. In being elected, Sheriffs often enjoy a greater range of power in their counties that is not afforded to appointed police chiefs. Sheriffs answer to the people who elected them.

This unique authority held by Sheriffs also means that they have complex responsibilities when protecting the Constitution in the counties they serve. This complex dynamic plays out the most when Sheriffs are faced with issues that arise when policy enters the gray area of Constitutional infringement.

This reality is no better displayed then with dealing with gun control policies. The Constitution enshrines the people’s right to keep and bear arms in the 2nd Amendment. But now more than ever, the federal government is attempting to restrict and regulate this right. When local government responds by implementing 2nd Amendment Sanctuaries, Sheriffs are their last line of defense. Will they enforce federal policies or uphold the rights being protected in their local jurisdiction?

While gun control efforts are being ramped up in Washington, it is just one of the issues facing Sheriffs in America. Here is a look at issues and trends which will have an impact of sheriffs moving forward:

Proposed Federal Gun Registry

Representative Sheila Jackson Lee (D-TX) has proposed Bill H.R. 127, otherwise known as the “Sabika Sheikh Firearm Licensing and Registration Act.” H.R. 127 would create a federal firearms database overseen by the Attorney General’s Office and would require all legally owned firearms to be registered by the federal government and allow restrictions on ammunition and licensing based on federal guidelines.

2nd Amendment Sanctuaries

State and local legislation and ordinances in opposition to federal gun control policies, such as H.R. 127, would put Sheriffs between the federal government and local laws. Sheriffs would be caught in the middle, having to choose between enforcing federal policies and local government who view them to be in violation of the Constitution. In Missouri, for instance, state legislators have proposed laws that would allow citizens to sue departments who enforce unconstitutional federal gun laws.

Unelected Sheriffs

King County, Washington took up a number of measures this year which would negatively affect law enforcement within its jurisdiction. Charter Amendment 5 was passed this election cycle, transforming the King County Sheriffs Department into an appointed position. If such a trend continues, it will continue to erode the democratic process in law enforcement, leaving such important positions to be filled by partisan politicians overseeing an agenda.

Civilian Review Boards

Under the banner of “accountability” politicians and legislators have been pushing for more and more civilian review boards of local law enforcement. These review boards often become political in nature and those appointed to them do not need to have experience in Law Enforcement. In Arizona, however, legislators are seeking to change this. If passed, HB 2462 would require by law that anyone appointed to a civilian review board in the state complete “A COMMUNITY COLLEGE POLICE ACADEMY” and “AT LEAST TWENTY HOURS OF VIRTUAL LAW ENFORCEMENT TRAINING.”

Covid-19 Restrictions

For nearly a year, the nation has been gripped by the Covid-19 pandemic and the varied responses implemented by state governments across the nation. Under the order of emergency powers, governors from coast to coast have mandated restrictions on businesses and individuals that many in opposition contend are violations of American Civil Liberties. In counties around the country, Sheriffs have entered the fray. In New York, local sheriffs refused to fine private citizens for breaching mandated gathering limitations. In North Dakota, sheriffs have refused to enforce mask mandates. With the pandemic appearing to have no end in sight, sheriffs will likely have a role to play as governments continue to try restricting their constituents against their Constitutional Rights.