A fool’s errand
The Delta County Board of Commissioners has adopted a resolution authorizing the Sheriff “to exercise sound discretion to not enforce ***unconstitutional firearms laws.” Whether a law is unconstitutional is a question for the courts to decide, and a law declared to be unconstitutional becomes unenforceable. No board resolution is needed. But wait.: This resolution leaves non-enforcement of an unconstitutional law to the sheriff’s sound discretion.
Discretion is “the freedom to decide what should be done in a particular situation.” If non-enforcement of an unconstitutional law is left to the sheriff’s discretion, he also is free to enforce that law. Fortunately, the board of commissioners can neither enlarge nor diminish the sheriff’s authority. Simply put, the board was sent on a fool’s errand.
Nino E. Green