Sheriff Gore's Response

By Douglas V. Gibbs

On March 16th I wrote about the ATF raid of Ares Armor gun shop in San Diego County, and the final post of those three articles was a letter I sent to San Diego County Sheriff William D. Gore.  Today, I got a response.

First, my letter to him, then his response:

From the desk of

Douglas V. Gibbs

www.douglasvgibbs.com

XXXX XXXXXXXXX Ave.

Murrieta, CA  XXXXX

Phone (951) XXX-XXXX 

ConstitutionSpeaker @yahoo.com

March 16, 2014

William D. Gore, Sheriff

John F. Duffy Administrative Center

PO Box 939062 

San Diego, CA 92193-9062

Dear Sheriff Gore,

The oath of office you took as Sheriff of San Diego County is the same as the one taken by peace officers, and like the one I took to join the military when I wore a younger man’s clothes a long time ago.  However, yours has a special caveat attached.  You are more than an officer of the law.  Your position as a County Sheriff carries great constitutional responsibility.  You are the lawful Chief Executive Officer and highest Peace Officer of the entire County, and unlike the police, you must report directly to the Citizens of the County.  You are a constitutional officer, and your duties, responsibilities, and authorities are not subject to legislation, or federal intrusion.  Only the citizens, through constitutional amendment, can diminish your duties as a constitutional officer, which means it is your obligation to support, defend, and honor the United States Constitution, and the California State Constitution.

Your position as Sheriff carries with it the trust of the people in that you will defend their constitutional rights against anyone that aims to disregard those rights.  You are expected to exercise these powers honestly, and as the opinion in an early Wisconsin case says, (State ex, rel. Kennedy v. Brunst, 26 Wis. 412, 7 Am. Rep. 84)  “Now it is quite true that the constitution nowhere defines what powers, rights and duties shall attach or belong to the office of sheriff. But there can be no doubt that the framers of the Constitution had reference to the office with those generally recognized legal duties and functions belonging to it in this country, and in the territory, when the Constitution was adopted.”

While the legislature may impose additional duties upon the sheriff, where he is recognized as a constitutional officer, it cannot restrict or reduce his powers as allowed by the Constitution, or as they were recognized by the people when the Constitution was adopted.

During the founding of this nation, everyone clearly understood the duties, responsibilities and authorities of Sheriffs, therefore it was not necessary to include a lengthy enumeration of their duties in the U.S. Constitution, or the State Constitutions. The office of the Sheriff dates back to about 500 AD in England and existed in the colonies in America from the time they were created.  The constitutional offices of Sheriffs, Coroners, and Constables were clearly established in the State Constitutions of that time, and continue to this day.

What this all means is that you are the highest, elected constitutional authority in the county, therefore not only is it your obligation to protect the natural rights of your citizens, but that any outside agency, if they are to operate within your jurisdiction, must seek approval from you, first.

In this time of expanding governments, and unchecked powers by executives and members of judiciaries, there has been a force in place unlawfully working to eliminate, or at least minimize, the Office of the Sheriff and/or their duties, responsibilities and authorities since the American Civil War.  These attempts are null and void, for those agencies do not have such an authority.

In your county, Sheriff Gore, the Alcohol, Tobacco and Firearms (ATF) federal agency has been operating in an unconstitutional manner, working with like-minded judges, to seize the personal records of Ares Armor, and confiscate legal products.  The ATF is acting in direct opposition of the 2nd Amendment, and Article I, Sections 9 and 10 where it states in the United States Constitution that neither the federal government, nor the States, may pass ex post facto law.  Since the ATF is operating in San Diego County, conducting raids against a business owner conducting legal business transactions, the conclusion is that either (A) you gave this agency permission to seize the business’s records, and violate a restraining order against the agency, placing you in position of being in dereliction of your constitutional duties, or (B) the agency acted without your permission, which obligates you to arrest the members of the ATF that conducted the raid inside your county.

I ask that you take appropriate action, or you will soon find out that the citizens of your county may feel obligated to take their own appropriate action.

Sincerely,

Douglas V. Gibbs

Host, Constitution Radio, KCAA  AM 1050

Managing Editor, Constitution News Quarterly

Author, 25 Myths of the United States Constitution

Writer for PoliticalPistachio.com 

and now for his response:

Dear Mr. Gibbs:

I want to thank you for taking the time to write to me such a thoughtful letter.  You raise a number of issues relating to the U.S. Constitution, the separation of powers, and the historic role of the sheriff.  With respect to the actions of ATF and its current investigation, you correctly note that this is a federal case and that is currently in litigation in a federal court.  Like you, I am interested in seeing how it plays out since it raises important questions regarding personal privacy.

Again, I appreciate you taking time to share your views with me.

Sincerely,

William D. Gore, Sheriff

-- Political Pistachio Conservative News and Commentary

Ex Post Facto; Gun Store Owner Refuses Federal Government

ATF Ignores Restraining Order, Raids Gun Shop

San Diego County Sheriff Gore's Dereliction of Constitutional Duties