You Wont Believe What this Sheriff Says About the Second Amendment

By Sheriff Chad Day
One American Sheriff on His Duty & the 2nd Amendment

Second Amendment
You Wont Believe What this Sheriff Says About the Second Amendment
Sheriff Chad Day
Sheriff Chad Day

Colorado – -(Ammoland.com)- This past spring spent all day at the state capital yesterday (March 7 2016), testifying on behalf of County Sheriffs of Colorado in favor of five pro-gun/pro Public Safety/pro liberty bills.

All five bills, heard in the House State, Veterans, and Military Affairs committee, were killed, as expected, on a 5 to 4 straight party-line vote. I was aware before I even left home to go testify, that the outcome was likely, however, it is important for there to be an official record of Sheriffs support for such legislation for future consideration.

What struck me though, was that during public testimony, the basic philosophical difference between pro-gun and anti-gun camps was so evident.

The anti-gun camp was very clear in their message of concern for any existence or carry method of firearms posing a great and unacceptable risk to public safety. As expected, the pro-gun testimony was likewise very clear that the availability of weapons for personal defense is what would minimize the inevitable situations where awful acts are carried out.

It should be no surprise that in general, I agree with the pro-gun sentiment.

Where I tend to diverge, is that I believe the issue, the real core issue of almost every gun related bill or legislation is a proper understanding of the original and still current purpose of the Second Amendment to our United States Constitution.

It has been codified in case law that reasonable restrictions can be placed on American’s Second Amendment rights, however, that does not change the original and prevailing purpose of that right, so clearly and plainly listed in our bill of most basic rights as citizens of this free country.

The purpose of the Second Amendment was, and still is, for Americans to be able to protect ourselves from inappropriate and extreme over-each by our own government, in a word, tyranny.

As a representative of the government, I do not make that statement lightly. During my testimony in favor of one of the 5 bills presented for debate and public comment that day, I made the statement that the purpose of the Second Amendment was for Americans to protect themselves from our own government. That statement was received with gasps by some in the gallery which was followed by the statement, “you are the government!”

That is a correct statement. As a public servant, it is the job of the County Sheriff, elected by the people, to protect the people’s right to arm themselves for the expressed purpose of protecting themselves from government tyranny, even if that tyranny, God forbid, were to come from me. This is the most simple and basic check and balance that exists in our free, liberty loving form of government.

This right is what gives teeth to free American’s exercise of all their other rights provided in our Constitution.

To be sure, it is the responsibility of law enforcement to seek out those that would violate law and pose a risk of safety to their fellow man, and deal with those acts swiftly and appropriately. It is, in my opinion, and the opinion of many wise and learned constitutional scholars, an even greater responsibility of sworn law enforcement, to actively protect the God-given rights and liberties that this great country of ours provides to its free people.

Sometimes, the exercise of those rights creates the possibility of danger. The mere possibility of danger is not sufficient to infringe upon those rights. The standard is, and must be higher to tolerate the infringement of rights enumerated in our controlling document.

That statement and belief is the crux of the difference between the pro-gun and anti-gun crowd.

Anti-gunners are willing to infringe upon the rights of anyone, even sometimes the law enforcement personnel who swore and oath to protect them and their rights, in order to attempt to mitigate any possibility of danger. Conversely, and in general, pro-gun Americans are willing to except the possible danger that is part and parcel to living in a free society in order to maintain the ability to forcibly hold our government properly in check.

I see it as my proper and sworn duty to not only stand by my testimony, but to reiterate and expound upon it, and to encourage all law enforcement officials, elected and appointed, who have sworn to uphold the Constitution of the United States to do so as well, and boldly.

Sheriff Chad Day
Yuma County Colorado, USA
www.yumacountysheriff.net

  • 27 thoughts on “You Wont Believe What this Sheriff Says About the Second Amendment

    1. Politicians don’t realize that we are not going to give up our Guns! They only want to take them because they Know that they should be shot!!!!!!!!!!!!!!!!!!!!!!

    2. Without the 2nd Amendment, all the others will have no defender.

      PERMIT? All State mandated CONCEALED CARRY WEAPON laws are UNCONSTITUTIONAL in their entire embodiment. We already have a permit. It’s called the 2nd Amendment. The 2nd Amendment or any of the other Amendments in the Bill of Rights are not PERMISSION SLIPS! They are commandments to the Federal, State, County, City, or Town to what government CANNOT do to US. “SHALL NOT” is not a suggestion. Nor is it an advisory. IT IS A COMMANDMENT.

      All State gun laws, whether open carry or concealed, are doing exactly what the 2nd Amendment COMMANDED “SHALL NOT” be done: INFRINGE on the GOD given Rights of the Law Abiding American to Keep and Bear Arms. The 2nd Amendment does not say “WHEN and WHERE” that “ARM” is to be “BORNE”. Therefore, it is the choice of the individual, the citizen, as to Where and When they Bear Arms, not the government.

      LEGISLATORS: Which part of “SHALL NOT BE INFRINGED” did you fail to understand?

      The 10th Amendment does not nor has it ever granted the authority or power of the States to supersede the U.S. Constitution via their own mandates, statutes, and unconstitutional laws. I object wholeheartedly to the Law Abiding being forced to purchase a permit, CCW, to exercise what is Rightfully already theirs. The entire scheme is nothing more than a means for the States to generate revenue via another avenue Legislators can tax. Why is this not required for any of the other Amendments in the Bill of Rights and will it ever? Can you even imagine that? Freedom of Speech: Do you have your permit? Freedom to Assemble: Do you have your permit? Freedom to Worship: Do you have your permit?

      “If ‘the right of the people to keep and bear arms’ is to have any force, the people must have a right to acquire the very firearms they are entitled to keep and to bear. One cannot truly enjoy a constitutionally protected right when the state is permitted to snuff out the means by which he exercises it.”

      Judge Diarmuid O’Scannlain
      9th Circuit Court of Appeals

    3. You want to know why most politicians don’t take there oath seriously. Plain and simply because of greed…. Tell me how the hell do they make so much money, how is it that they can vote to give them selves a raise ??? Its all a bunch of BS, we then people do not count any more and everything is pretty much rigged. We should be the ones to decide if they should get a raise. We pay them with our taxes so why the hell should they be able to get a raise and then want to increase taxes later on. i say screw that they should have a bench mark in what they can make and a cap.

    4. Seems like more politicians that need to be recalled from their posts and fired by the People.
      Is it possible to recall these people?
      I live in Ma. and would like to know if its possible to recall a number of our “leaders and law makers”.
      Half of Ma. lawmakers are corrupt and should be fired. They totally dishonor the Oath of Office they took to protect and defend the US Constitution.

      1. All States have a recall process. You need to check your State Constitution, find out what it takes to get the recall process rolling and go for it. We got one Liberal crook recalled here in Colorado and another resigned rather than face the electorate.
        The worst that can happen is that Hillary will send a team of her friends out to make you disappear.

    5. Amen. Couldn’t have said it any better. Unfortunately the mainstream media will not publicize comments & opinions like this. If they do, they edit statements to use them out of context to fit their own anti-gun agenda. We need more people like this sheriff & we need to do what we can to lift his voice & spread it to as many people as possible. Anyone who can listen to his statements & still have a conflicting view is irrational & illogical, & will never see the truth. It’s hard to understand that, but we live in an unfair world, & increasingly asinine & hypocritical country run by self-serving crooked politicians who care nothing about the citizens who elected them & who they are supposed to serve. Thank you Ammoland & Sheriff Chad Day

    6. I live in Colorado and can tell you that most of our sheriffs are like this–damn fine ELECTED people who understand what the hell our Constitution is about. coming from the fastest growing left wing drug addled state in the Union, this is a breath of fresh Constitutional air. Watch the DemocRATs try to take him down.

    7. And remember what the words shall, not and infringed mean. The word shall implies that the government must not interfere. AND let us start calling the anti gun people Anti constitutionalists. Because that’s what they are. And history ignorant. Don’t know jack about the founders and what they intended. I believe it was September 9, 1789 they remved the words “for the common defense” from what became the 2nd amendment.

    8. The DEMOCRAPS are trying to turn this country into a dictatorship. There is not ONE DEMOCRAP worth voting for regardless of what anyone says plus most of the republicans are in the same category. Politicians have turned “serving the nation” into “how much money can I make for myself”. A study released this week revealed the CLINTON were worth 1 million when in government service and is now worth 111 million. IN THE WORDS OF PRESIDENT HARRY S. TRUMAN “YOU CAN NOT GET RICH IN POLITICS UNLESS YOUR ARE A CROOK”. Check the money status of your representative and senator compared to when they entered “service” and now.

      1. Look how George Soros’ net worth jumped up since Obama came into Power.
        Keystone Pipeline Veto kept Soros Rail Road hauling 700,000 barrels a day at $5/bbl. =3.5 Million/day X 365 = i.277.5 Billion.
        Soros buys Petrobras (Brazil), Obama shuts down USA Offshore Drilling. Grants Brazil 10 billion for Off Shore drilling.
        Soros buys up vast grasslands and stocks with cattle in Brazil, Argentina, Uruguay. USDA Secretary deregulates safety regulations restricting imported South American beef. September 2015, Raw beef carcass shipments from Brazil start arriving in USA. Soros owned JBS Brazil meat processing ships directly to JBS USA. US Cattle market crashes leaving USA Family Ranchers and Farmers struggling to continue to make a living. USA starts seeing cases of Microcephaly (Zika symptoms). Public unaware the Beef came from highly infected country because no Country Of Origin Label (COOL) has been deregulate too. Cargill, Smithfield, Pilgrims Pride and JBS are now in the hands of Soros Affiliates.
        Question: Did Obama get a cut? How many Billion? Stashed where? Foreign Investments managed by Soros?

        1. @TK45, Pay for play. The higher up they are the more they control and the more they get. Oh, and welcome to the site. I look forward to reading more of your insightful comments.

      2. @ Maluka, Look how George Soros’ net worth jumped up since Obama came into Power.
        Keystone Pipeline Veto kept Soros Rail Road hauling 700,000 barrels a day at $5/bbl. =$3.5 Million/day X 365 = $ i.277.5 Billion/year.
        Soros buys Petrobras (Brazil), Obama shuts down USA Offshore Drilling. Grants Brazil 10 billion for Off Shore drilling.
        Soros buys up vast grasslands and stocks with cattle in Brazil, Argentina, Uruguay. USDA Secretary deregulates safety regulations restricting imported South American beef. September 2015, Raw beef carcass shipments from Brazil start arriving in USA. Soros owned JBS Brazil meat processing ships directly to JBS USA. US Cattle market crashes leaving USA Family Ranchers and Farmers struggling to continue to make a living. USA starts seeing cases of Microcephaly (Zika symptoms). Public unaware the Beef came from highly infected country because no Country Of Origin Label (COOL) has been deregulate too. Cargill, Smithfield, Pilgrims Pride and JBS are now in the hands of Soros Affiliates.
        What is this a Soros take over of our Animal Protein Supply??
        Question: Did Obama get a cut? How many Billion? Stashed where? Foreign Investments managed by Soros?

    9. Sheriff’s are elected by the people. Police chiefs are appointed by the mayor. This major difference is why people would have been arrested at that Trump rally in San Jose if the Sheriff’s were in charge of security there. Instead, the San Jose police were, and they just stood around and watched citizens being assaulted.

    10. Too bad Colorado’s government sets an example for zealous gun grabbers. Although I’m a native Coloradan, I’ve become so disgusted with Governor Hickenschicklgruberlooper and his minions, I’ve decided to admire Colorado Sheriffs from afar. I had planned a summer retirement place in my home state but have changed my mind and now am resigned to stay in the nearby state where I retired. It’s a beautiful state sullied by oppressive government.

    11. Quote It has been codified in case law that reasonable restrictions can be placed on American’s Second Amendment rights, however, that does not change the original and prevailing purpose of that right, so clearly and plainly listed in our bill of most basic rights as citizens of this free country. end quote

      That codified in case law almost all dates from before 2008 and the HELLER SCOUS decision. It is also a fact that most gun control laws are based on denying arms to slaves. Since 1866 that meant free Blacks. Today anybody that wants to deny firearms rights to honest citizens must by definition be racist.

      When Congress drafted the Bill of Rights in 1789, the right of the people to keep and bear arms was at issue. The basic Constitution was already in force and it provided for the militia, which was a power of the states. In the Senate in 1789 there was a proposal to insert the words FOR THE COMMON DEFENSE and that was defeated unanimously. The Senate was establishing legislative intent for the individual right to keep and bear arms.

      The 1939 MILLER case is not understood and is often misquoted. What the MILLER Court did was remand teh case for trial to take evidence and create a transcript that was within judicial notice. The case WAS NOT DECIDED, it was remanded. But the Court did not enjoin the DOJ- ATF from enforcing the 1934 NFA and the case is still undecided and open.

      The only thing te Court was sure of was that when the militia needed to form, the people “were expected to appear bearing their private arms” of modern military type. The so-called assault rifle is the most “protected” arm included in the Second Amendment

    12. Most scholars agree the the 2nd ammendment was written so “The people” could defend themselves from a tyrannical government. Many argue that today the so called militia is the equivalent of the National Guard. That simply can’t be true because the National Guard is controlled by the government and can be deployed overseas. It’s comforting having sherrif in our corner.

      1. Franco, most of those ‘reasonable’ folks who ‘equate’ the militia with the national guard either forget (or never knew) that the national guard was NOT created until almost 150 years AFTER the Constitution was written.
        And I suspect that they also ‘think’ that the guard can be deployed overseas on a whim, not by Presidential activation until either Title 10 or 14…………….

    13. Thank you Sheriff Day for explaining the 2nd amendment so precisely. I wish every American would read your communication.

    14. The Office of Sheriff is the highest elected Law Enforcement official in each county. He is responsible to the People who elected him and those who voted against him.
      The Sheriff is the final line of defense between the People and their Government.
      You have to hope that he is on our side and as a Resident of the State of Colorado, I applaud Sheriff Day for his commitment to his Oath of Office and the Constitution of the State of Colorado and the United States.

    15. Why is it that Sheriffs seem to understand and take their oath seriously while politicians and others elected / appointed officials either don’t understand, don’t care or both? Look no further than the Governor’s office, White House and congress to see anti-constitutionalism and especially anti-Second Amendment officials. Even worse, those same people get re-elected time and time again.

      1. You said it yourself…they don’t care…but don’t think for a moment, they don’t understand.
        A sheriff is an elected position but they are in the midst of the problems of everyday people & have a sense of empathy towards the citizenry, while trying to maintain a balance of law & order. Most politicians (there are some that DO care) are looking for that career position, will say or do whatever it takes to obtain it & the only “caring” they display, is how to make it to retirement with the least exertion possible. They “care” about what supports their views & beliefs & any other thoughts be damned.
        The mayor on “Jaws”, is the quintessential politician….people being eaten by a shark but by God, the beaches need to stay open!

        1. @Wayne Clark, Ok brother, but keep in mind that the mayor in the movie Jaws was just what Hollywood wanted us to believe about local politicians. We must be cautious about everything that the Hollywood propaganda machine puts out because, usually, the opposite is true.

    16. Shit O’ dear, this sheriff has it exactly right. Check the second paragraph, second sentence of the Declaration of Independence and this is there basically. He is one gutsy cop and someone to be appreciated and valued–I just called his office in Colorado and told them so too. Ya got to love most sheriffs!

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