Sheriff: ‘Count on each other’ in crisis

From our weekly issue dated November 25, 2009


The role of local law enforcement in the wake of perceived encroachment by the state and federal governments was the main topic Tuesday, Nov. 17, when Josephine County Sheriff Gil Gilbertson addressed members of the Grants Pass chapter of the John Birch Society (JBS).

Approximately 70 people attended the meeting at the Redwood Grange Hall in Grants Pass. Gilbertson was introduced by Damon Mancuso, chapter president.

Mancuso briefly elaborated on the checks and balances contained within the U.S. Constitution, and said that county sheriffs have the ability to decide which laws are in violation of that founding document. Sheriffs can decide not to enforce laws that are unconstitutional, Mancuso said, and are accountable to their constituents -- not the federal government.

As an example, Mancuso cited the actions of Richard Mack, a former sheriff in Arizona. Mack successfully sued the federal government in connection with the Brady Bill, a piece of gun control legislation, Mancuso said. Also mentioned was a 1997 incident in Nye County, Nev., in which a sheriff prevented federal agents from seizing a citizen’s cattle.

Gilbertson stated that when he took office, he took an oath to uphold the Constitution and protect Josephine County residents “to the letter of the law” against foreign and domestic enemies. He expressed the opinion that the federal government should not infringe on states’ rights.

“When the time is right, I will draw the line in the sand,” Gilbertson said.

During a question-and-answer session, Gilbertson mentioned recent controversies surrounding mining activities in Illinois Valley. He said that the issues first came to his attention last summer, when a dispute between a miner and off-road vehicle users near Kerby resulted in a shooting.

After meeting with members of the mining community in September, Gilbertson issued a memorandum to his deputies asking them to suspend enforcement of mining enforcement until he could research the various statutes regulating the activity. That memo also was sent to U.S. Forest Service and Bureau of Land Management officials.

“We don’t normally deal with mining laws anyway,” Gilbertson said.

The sheriff said that with the dollar losing its value, precious minerals like gold become much more valuable. He added that he doesn’t want to see anybody killed in disputes regarding mining claims.

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The subject of forced immunizations also was brought up, in light of the H1N1 virus scare. Gilbertson said he is opposed to government agencies inoculating anyone who does not want it.

“You have the right to what goes into your body, not the government,” he said amid applause.

Hypothetical scenarios involving the imposition of martial law also were brought up by audience members. Gilbertson stated that if a situation occurred in which local governments were unable to maintain law and order, the governor can call the National Guard. The county would have to request such assistance, he said.

However, Gilbertson cautioned that the Oregon National Guard has been in multiple deployments overseas, and that there aren’t enough Oregon State Police troopers to fill the void. In such a series of events, he said that the entire state and nation probably also would be in peril.

Gilbertson said that a county document is in place “pre-planning” for any emergency situation.

“Hopefully, it will never get to that,” he said.

In a worst-case scenario, Gilbertson said, “We’re going to have to count on each other” through the institution of Neighborhood Watch and similar programs.

The responsibility for protecting the public “ends up ultimately on my shoulders,” said Gilbertson, who is seeking reelection.

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