An ordinance to make Pulaski County a “Second Amendment sanctuary county” was tabled by the county commissioners Monday.
Andrew Loshnowsky presented the proposed language. He explained that any present or future gun laws believed to be unconstitutional would be denied and left unenforced, “Laws such as enhanced and highly-invasive background checks, magazine capacity bans, red flag laws, taxation, registration of suppressors, short-barreled rifles, and things of that nature relating to firearms, ammunition, and accessories, as many of these laws are a gross affront to the Second, Fourth, Fifth, and 14th amendments.”
A specific concern is Indiana Senate Bill 203. It would raise the minimum age to own certain types of firearms to 21 and would add restrictions for guns with a capacity of more than 10 rounds of ammunition, among other provisions.
But Commissioner Kenny Becker didn’t think the commissioners had the authority to approve the “Second Amendment sanctuary” ordinance. “We support the Second Amendment,” he said. “I mean, everybody wants to have the right to bear arms. I’m even kind of a gun collector myself. But according to the Indiana General Assembly, we can’t pass this the way it was written.”
Sheriff Jeff Richwine added that while he wasn’t opposed to the idea of calling Pulaski County a “Second Amendment sanctuary,” he didn’t want to do away with the enforcement of the “red flag” law. “I suggest to any of you that don’t want to have this ‘red flag’ law, go with the deputies when we’re going to a suicide, where you’ve got a guy holding a gun to his head or has held his family hostage, and we’ve got to walk out of there because we’re a ‘sanctuary county,’ Richwine said. “It’s not going to work. We’re going to get somebody killed. We’re going to get sued.” He felt that the “red flag” law has plenty of protections for gun owners and has a very specific description of who might be considered dangerous.
County Attorney Kevin Tankersley said the proposed ordinance would do relatively little to protect residents’ Second Amendment rights, but would open the county to liability issues if laws go unenforced. “It’s symbolic, really, and if you read about all the Virginia ones, all of the attorneys that speak on the topic – and there’s a number of news articles on it – will tell you, they’re all symbolic,” Tankersley said. “They mean nothing. They will not change anything.”
He said the only way to challenge a law that may be unconstitutional is through the court system. “It is an expensive and time-consuming process, but you can’t usurp it and go straight and try to jump over all of the process – the constitutional process, mind you – and then say, ‘We are going to decide as a county board,’ whether it be the commissioners or the sheriff, ‘We are going to decide what’s constitutional and what is not.’” Tankersley also pointed out that the commissioners have no power over the sheriff, judges, or prosecutor, when it comes to enforcing laws.
In the end, the commissioners suggested that those officials meet with Tankersley and provide some direction, before they take any action.
