Franklin County commissioners vote on 2nd Amendment gun rights

Franklin County commissioners unanimously approved a measure Tuesday supporting of the U.S. and state constitutions in general, and the First and Second Amendments in particular.

But it’s unlikely to force any changes.

A spate of mass shootings across the country have reinvigorated discussions of increasing some restrictions on firearms.

Among the recommendations, President Joe Biden pointed to closing loopholes in background checks. He also proposed a rule to stop people from buying kits to build guns.

The Franklin County resolution from Commissioner Clint Didier says the proposals “have sought to limit or eliminate certain traditionally held rights of the people guaranteed under the Constitution of the United States.”

Many of the restrictions Biden proposed already exist in Washington state.

But Didier’s resolution “reaffirms our united support for those rights,” including freedom of speech, assembly, unreasonable search and seizures and to keep and bear arms.

The resolution doesn’t declare the county is a “sanctuary” for people to avoid state or federal gun laws.

“We see the attack that is on our freedom of assembly, freedom of speech and on our Second Amendment. These are the ones that are under attack right now,” Didier said at Tuesday’s commissioner meeting. “There are avenues of executive orders and means outside of our established ways of making law to attack these, so as commissioners we’re trying to show the constituents of Franklin County that we’re willing to stand.”

Franklin County’s sheriff and prosecutor said they support the resolution, but it wouldn’t change how they’re doing their jobs.

Prosecutor Shawn Sant told the Herald his office is obligated to review every case sent to his office.

“Obviously, our office is focused on prosecuting criminal conduct and making sure there is still discretion that there are firearm laws that do get violated,” Sant said during an April 13 commissioner meeting. “We have to make sure that we have the discretion to review the facts and act accordingly.”

Sheriff Jim Raymond told the Herald he isn’t going to step on anyone’s constitutional guarantees, and he would resign before enforcing a law that impedes on the rights of gun owners. But if someone is a convicted felon with a gun, the person would be arrested.

“You can’t continue to punish general society for the acts of individuals,” Raymond told the Herald. “If you take the gun away, it’s going to be a knife. .... It’s people who are intent on hurting others, it’s not the gun.”

And Didier said in a previous meeting it’s not his intention to stop Raymond or Sant from doing their jobs.

Commissioner Brad Peck said he’s a longtime the National Rifle Association member but knows the county isn’t able to put an ordinance in place that is more restrictive than state law.

Any ordinance that tries to undermine state law would be unenforceable, he said.

During Tuesday’s meeting he called the resolution meaningless posturing. While he supports the protections in the Constitution and does not agree with the president or governor, he will continue to follow the law.

“I’m unclear why we need to go out there and take shots at our representative republic government, which is what you’re doing,” Peck told Didier Tuesday.

“We spend a lot of time on these things that are really very much outside of the scope of our direct responsibility as commissioners,” he said.

This story was originally published April 20, 2021 at 5:00 AM.