Sheriff should not presume constitutionality
Sheriff Wehrly, your job is to enforce the laws passed by the Assembly and signed into law by the duly elected governor.
Your job description does not change just because you don’t like any particular law.
Duly enacted laws enjoy a presumption of constitutionality. It is not your job to decide whether any law is or is not constitutional. That would be a violation of separation of powers, which you would be guilty of doing by refusing to enact a duly enacted law just because you don’t like it.
Why don’t you refuse to enforce some actually ridiculous laws, like the sudden drop to 35 mph in your jurisdiction that leads to excessive ticketing by your deputies. That would be a good start toward becoming a true renegade sheriff who just enforces laws that in her judgment not everyone likes.
Reader urges sheriff to enforce the laws
To Sheriff Wehrly: I read with horror your March 7, 2019 letter to our governor refusing to enforce a newly-enacted Nevada law regarding gun purchases.
Your comparison of the new gun background check law to Hitler is both misconstrued and disingenuous. If anything is Hitler-esque, it is your decision to disregard the will of the voters and the actions of our state government.
I would like to remind you that under the U.S. and Nevada constitutions, our government functions by separation of power. That is, the legislators make the laws and law enforcement enforces the laws. It is not within your authority to pick and choose which laws you will enforce. Under this rationale, the foundation of our country — rule of law — is for naught and we become a lawless society. It is also outside your purview to interpret the law. That is for the judicial branch to decide.
Therefore, I am demanding you follow the Constitution and enforce this law.
Nevadan Citizen Voter and Gun Owner
Court system should interpret statutes
Sheriff Wehrly took an oath to uphold the Constitution and laws of the state if Nevada. What makes her think she is above the law? Sheriff Wehrly should be enforcing the laws of the state of Nevada and leave the interpretation of them to the court systems.