Judge throws out county gun 'sanctuary' ordinance

Presiding Judge Ladd Wiles made short work of the county’s arguments in defense of its gun “sanctuary” ordinance on Friday, stating the ordinance clearly defies multiple state laws.

 “The ordinance is declared void in its entirety,” Wiles told county attorneys and a courtroom filled with observers, including County Commissioner Lindsay Berschauer.

 Wiles was presiding over a hearing in a lawsuit brought by the state against the county, alleging the county is overstepping its role and breaking state law. The state had asked the judge to rule in its favor summarily, without taking the issue to trial, while the county asked to have the lawsuit thrown out. Wiles ruled in favor of the state, saying the violations are clear.

“I’m telling you, it’s unconstitutional,” Wiles said. He said his evaluation does not constitute a judgment on whether Senate Bill 554, which county commissioners Mary Starrett and Lindsay Berschauer were trying to circumvent with the ordinance, is constitutional.

“That’s for the courts to decide,” Wiles said. “The courts decide what’s constitutional, not the commissioners. It’s basic separation of powers.”

Protesters demonstrating outside broke into cheers when they heard the verdict from observers who had been inside.

The county will have the option of appealing the verdict, and attorney Tyler Smith appeared to be trying to preserve his option to appeal, taking issue with Wiles’ ruling, and asking for further clarification on how the ordinance violates state law, after Wiles read both out loud.

Smith argued that the ordinance does not regulate firearms themselves, but rather the actions of county employees, but Wiles read from the ordinance itself, which states that all “local, state and federal laws” enacted after February 2021 that regulate firearms or ammunition “are specifically rejected by this county and shall not be enforced … and shall be treated as if they are null, void and of no effect.”

“It does regulate firearms … it invalidates state regulations,” Wiles said. “I’m not going out on any limbs here; that’s in the ordinance.”

He said the intent of the state law, which reserves all gun and ammunition regulations exclusively to the authority of the state Legislature, is to “prevent safe havens for outlaws.”

Wiles said the county commissioners have no standing to bar the Sheriff and District Attorney from upholding state law. “That sort of oversteps what the commissioners’ role is,” he said.

Smith argued the ordinance doesn’t restrict either Sheriff or District Attorney, because it allows them to write exemptions for themselves, but Wiles pointed out that when Smith read the provision out loud, he omitted the final clause, which states that their authority must still be exercised “consistent with the legislative directives of this ordinance” — which bans enforcement.

“You can’t have it both ways,” Wiles said. “The exemption doesn’t really exist.”

Attorneys for the state also pointed out that the state Tort Claims Act bars counties from being able to make their own employees personally liable for actions taken as part of their jobs. Smith argued the court should wait and see the arguments produced by individual lawsuits. Wiles did not comment on the issue, simply stating that “The conflict with the Tort Claims Act is apparent on its face.”

For more details, see Tuesday’s edition of the News-Register.