WEST VIRGINIA SHERIFFS ASSOCIATION 2003 Quarrier Street, Charleston, West Virginia 25311 Phone: 304.345.2232 Fax: 304.345.2231 www.wvsheriff.org West Virginia Sheriffs Association Position on Firearms Legislation West Virginia s Sheriffs join our Nation in the aftermath of recent tragedies throughout the country. The senseless loss of lives have drawn focus on various issues, much of which has been directed at issues pertaining to guns and gun legislation. The West Virginia Sheriffs Association has developed this Position Statement to these debates and addresses certain issues relating to potential proposed legislation in the West Virginia Legislature. While this Position Statement may not address every issue, some of which may arise after adoption by the membership, it represents the consensus of the membership made up of the 55 elected sheriffs of West Virginia at the time of publication and remains in effect until further considered by the organization. While the debate stirs strong feelings across our country, West Virginia s Sheriffs have taken an oath to uphold the Constitution of the United States and the Constitution of the State of West Virginia. Furthermore, we have sworn to do this according to law and to the best of our ability. The 2nd Amendment to the United States Constitution guarantees our citizens the right to keep and bear arms. As sheriffs we recognize the rule of law and that the United States Supreme Court and our State courts have the authority to determine the constitutionality of all laws. Provisions of the 2nd Amendment is certainly no stranger to debate and has faced challenges since it was adopted by our forefathers in 1791. Now, as it was then, it has been made very clear; law abiding citizens are provided this right so that they may protect themselves from those who would place them in harm s way. We support this decree for the good citizens of West Virginia. As Americans, West Virginians enjoy a Right that citizens of many other countries do not - the Right to own firearms. With this Right come responsibilities. It is the responsibility of a firearms owner to safely store, operate, and maintain the firearm. It is also the firearms owners' responsibility to learn and obey all applicable laws that pertain to the purchase, possession, and use of a firearm in our State. Firearms are neither safe nor unsafe by themselves. When firearms owners learn and practice responsible firearms ownership, firearms are safe. The knowledge and skills comes from proper training, which the handgun qualifying license program of instruction provides. West Virginia Sheriffs believe that training and education is paramount for responsible firearm ownership and operation. While much of the debate has focused on firearms, West Virginia s Sheriffs believe firearms are inanimate objects that have no will of their own. They are merely instruments of violence exploited by those with evil intent. We also believe the energy of this debate would be better
focused on the issues upon which we agree. It is critical that we continue to work to keep firearms out of the hands of those who would use them to commit acts of violence against our citizens. West Virginia Sheriffs believe strengthening laws that prevent or reduce the access of legally prohibited persons to firearms, identify those such prohibited persons and vigorous enforcement of existing laws with enhancements to those who use firearms to commit crime. The West Virginia Sheriffs Association looks forward to a working relationship with groups such as the National Rifle Association who was founded on the principles of and possess a continued commitment of training, education and marksmanship. We must increase our efforts to identify individuals with malevolent intent in advance and better use the system currently in place to prevent them from gaining access to firearms. The approach to this multifaceted problem must be comprehensive in nature. In addition to the vigorous prosecution for those who break the law, we must also focus our efforts on strengthening the safety and security of our school facilities, providing better access to mental health treatment, and enhancing training and resources for those who may be targets of violence. It should be noted that Courts have ruled that although gun ownership is a right, it can still be regulated. The right to bear arms is not unlike other constitutional guarantees, such as the right to vote, or freedom of speech. Even though we have absolute rights, they still are regulated, and of course the regulation of those rights is interpreted by our Courts. West Virginia s Sheriffs also recognize that no attempt to prevent the violence that has occurred will be complete unless we find a way to address the culture of violence that negatively impacts today s youth. While these tasks may seem daunting, sheriffs stand ready for the challenge and the opportunity to address these issues. As West Virginia s constitutionally enumerated law enforcement officers, Sheriffs remain focused on solutions, but we will not accept any concept that separates law-abiding citizens from their 2nd Amendment Rights without due process. The authority of the Office of Sheriff is derived from the West Virginia Constitution and those who have entrusted us with our office. Those documents bind us together as a people, both as Mountaineers and as Americans. At a time when those who are governed have less trust in those who govern, it is important that we hold steadfast in our beliefs. We must focus our attention not on what divides us but instead on what keeps us together! Many recent events have taken our country and state to a visceral awareness of vulnerability the likes of which have not before been experienced. The horror has been magnified several times by the targeting of innocent adults and children. This awareness of vulnerability has created a cause for action, emboldened by the consciousness that we need to protect our communities, and not be the stage for evil opportunists to perpetrate harm; on that there is no debate. As a country and as a state, we are now confronted with determining the means by which our vulnerability is lessened and how we keep our communities safe and ultimately make them safer. Unfortunately, arriving at those determinations comes with complexities that, at best stir controversy, and at worst, turns West Virginian against West Virginian.
West Virginia s Sheriffs have given great thought and consideration to their position on the current issues pertaining to 2nd Amendment Rights and our citizens' as well as the recent national discussion concerning gun legislation. The position of the West Virginia Sheriffs Association is simply that the position of the Association. The reporting of our position as a matter of public record is acceptable in any public form, but, unless explicitly granted, we do not endorse, nor desire the West Virginia Sheriffs Association s name or individual member sheriffs names being used without specific permission. This refers to For Profit organizations using West Virginia s Sheriffs name in a way that suggest we are endorse or are joining their positions or statements regarding this issue. The West Virginia Sheriffs Association remains an independent and private association representing the Office of Sheriff in the State of West Virginia. This Position Statement was developed and approved by its membership and not approved, encouraged nor discouraged by any special interest group, entity or individual which have taken or purported to have taken any position on gun issues.
RESOLUTION WHEREAS, the constituted and duly elected Sheriff is recognized throughout the United States as the chief local law enforcement officer and is directly accountable to the people through the electoral process; and WHEREAS, West Virginia Sheriffs care for and are responsible for the safety of the citizens of the county of their respective 55 jurisdictions with a primary mission of all sheriffs is to ensure public safety; and WHEREAS, all sheriffs take an oath of office to enforce and defend the United States Constitution and Constitution and laws of the State of West Virginia; and WHEREAS, gun safety is vitally important to our state s public health and the sheriffs of this State; and WHEREAS, the cause of violence, including gun violence, must be addressed on many fronts, including improved mental health treatment, media violence, drugs, gangs, breakdown of the family, strengthening laws that prevent or reduce the access of legally prohibited persons to firearms and vigorous enforcement of existing laws; and WHEREAS, the West Virginia Sheriffs Association represents the interests of all sheriffs who are sworn to support and defend the Constitution of the United States and the State of West Virginia; and WHEREAS, sheriffs strongly support our citizens protected right to bear arms under the Second Amendment and the West Virginia Sheriffs Association does not support any laws that deprive any lawful citizen of this State of the rights provided under the Constitution and Bill of Rights; and WHEREAS, the doctrine of judicial review grants to the United States Supreme Court and the lower courts the power to determine the constitutionality of any law and sheriffs do not possess the legal authority to interpret the constitutionality of any law; and WHEREAS, the West Virginia Sheriffs Association support the idea that a well-regulated militia is synonymous with one that is thoroughly trained and disciplined, and as a result, well-functioning; and that description fits most closely with the "to put in good order" definition supplied by the Random House dictionary. The Oxford dictionary's definition also appears to fit if one considers discipline in a military context to include or imply well-trained. WHEREAS, the West Virginia Sheriffs Association seeks to de-emphasize the political wrangling over gun issues, and turn the focus to purposeful answers to how we can improve the safety of our communities and counties.
NOW, THEREFORE, BE IT RESOLVED, the West Virginia Sheriffs Association supports the rights conferred by the Second Amendment and further recognizes the ultimate authority of the courts in interpreting the scope of those constitutional rights. To that end WVSA members support the following elements in this Policy Statement: 1. Support and defend both the Constitutions of the United States and the State of West Virginia. 2. Support the strong gun heritage that has existed in West Virginia for generations as we continue to stress gun training and safety as a paramount tenet of gun ownership. 3. Comprehensive approach. Gun control will not solve the problem of guns and extreme violence. Society needs a thoughtful and comprehensive approach to this multi-facetted issue. 4. Records Access. Law enforcement must have instant access to relevant records to determine whether a person is legally prohibited from possession of firearms by major improvements in the West Virginia and National Instant Check System. 5. Mental Health Records. Law Enforcement must have access to mental health records for accurate background checks, for responding to 911 calls and for responding to those who suffer from mental issues. 6. Mental Health Treatment. There must be an expansion of treatment resources for those that experience mental illness. We have an epidemic of untreated mental illness across the country, and there is ongoing evidence of a strong link between untreated mental illness and the increased risk of committing violent acts. 7. Vigorous Prosecution. Sheriffs support the vigorous prosecution of those who violate existing gun laws, including the support of any legislation that would effectively penalize criminals who use firearms in the commission of crimes by enhanced sentences. 8. Gun Safety Incentives. Sheriffs support enhanced firearms safety efforts including incentives to promote both safe and secure storage and use of firearms. 9. Training. Sheriffs support training for individuals who carry firearms, best practices policies and procedures and adequate resources for law enforcement, schools and those who operate other public facilities, to address active shooters and other safety threats. 10. Culture of Violence. Sheriffs recognize the culture of violence on the internet, on television, in movies, and especially violent videogames, have a negative influence on our nation s youth. 11. Schools. West Virginia Sheriffs are committed to protecting our children in their neighborhoods and in school facilities. 12. Identification. Sheriffs support law abiding West Virginians in their ability to lawfully possess firearms and support lawful citizens who carry identification with firearms and make themselves identifiable to law enforcement acting in their official capacity during an investigative process. 13. Legislative Action. Sheriffs support our lawmakers to provide legislation for law abiding West Virginia citizens based on meaningful discourse that addresses the complexity of evil, mental health, public safety, and preservation of civil rights. Community policing tenets affirm that broad based involvement by law abiding citizens of West Virginia is the solution to such complex societal issues. It is counterproductive to prevent law abiding citizens of our State out of the process by hindering their inherent right to self-defense. We will remain patient as
our country muddles through the process of determining its official response but as for us, West Virginia s Sheriffs will endeavor to keep our communities safe, and, at the same time, preserving our civil liberties and constitutional rights as Americans.