The Odessa Record -

No enforcement until federal courts determine constitutionality of I-1639


February 7, 2019

Lincoln County Sheriff Wade Magers has released a statement concerning I-1639:

“I came out against I-1639 from the beginning and campaigned against it for several constitutional reasons. Not only is 1639 unconstitutional, there is NOTHING for law enforcement to enforce. The law revolves around the purchase and sale of semi-automatic rifles. The media and those behind initiative I-1639, which is now law, have labeled semi-automatic weapons as assault rifles. There is NO such thing! The law requires gun shops to sell semi-automatic rifles only to those over 21 years of age who have attended training and can provide proof they attended the required course. In addition, the law requires safe storage, which is not defined.

The Sheriff has no role in the sales of semi-automatic rifles, therefore I have nothing to enforce. In addition, we will not be going into people’s houses to determine what safe storage means.

I agree with many other county sheriffs in our state, and I am instructing my deputies not to enforce Initiative 1639 in Lincoln County while its constitutional validity is being argued in the courts. As the law is written, there is nothing for a sheriff or deputy to enforce! I swore an oath to defend our citizens and their constitutionally protected rights. Lincoln County has a very large voter base of citizens who are pro-Second Amendment. Over 75 percent of Lincoln County voters voted against I-1639. That being said, there is nothing to enforce at the law enforcement level, and I will be loyal to my oath of office and to the citizens I serve. If the courts determine otherwise and the law is amended, I will consult with our county prosecutor to determine the best course of action.”

Grant County Sheriff Tom Jones issued a similar statement to his constituents.


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