A History of Gun Control in America
The following article lays out, in an abbreviated format, the current state of gun control laws. (It does not delve into recent concealed carry decisions by the Supreme Court) I place this on my website to make the public aware of proposed federal actions. In Wyoming, with the passage of the Second Amendment Protection Act (SAPA), it is “illegal for state and local officials to enforce or cooperate with unconstitutional Federal gun control.” Perhaps with the recent US Supreme Court decision in West Virginia v. EPA, federal agencies may see their regulatory power curbed by a need for specific legislative authorization.
This recent Supreme Court decision basically stated that the advisement of your 5th Amendment rights enshrined in the “Miranda rights” is not a constitutional right but a constitutional rule. Though the Supreme Court wanted to lessen police from being sued when they forgo reading a suspect their rights, it has greater implications. What impact this will have on pending cases will soon be seen. Often, law-abiding citizens do not understand that their constitutional rights, 1st Amendment (Free Speech), 2nd Amendment (Right to Bear Arms), 4th Amendment (Search & Seizure), 5th Amendment (Self-Incrimination), 6th Amendment (Speedy Trial), 7th Amendment (Jury trial in Federal cases), and 8 Amendment (Excessive Bail and Cruel and Unusual Punishment) are affected by the outcome of the prosecution of criminal defendants. Legal theories & interpretations can impact us all. It behooves all Americans to keep close watch over judicial decisions and legislation which can have serious consequences to our rights. Rafael Delgadillo
Duty to Intervene
After George Floyd, discussion arose about how to ensure that peace officers, observing “excessive force,” could intervene to prevent the illegal behavior and do so in an appropriate manner. Like all topics involving police, use of force, and public perceptions, the “devil is in the details.” Why? Because “use of force” is determined by the officer involved, who has unique knowledge regarding the manner in which to apply legal force to affect an arrest. An uninvolved witness officer or bystander may not have witnessed the initial detention, crime, manner of resistance, etc., and the person’s possible success in resisting a legal arrest. The arresting officer must ensure that by making a legal arrest, they only use that force authorized by law and departmental policy and that it ceases when complete submission has been achieved. A resistant suspect versus a combative suspect still has the ability to resist arrest and injure the officer or any party that officer is protecting. If a witness officer too readily intervenes, they may unwittingly allow the suspect to successfully resist arrest endangering both. In policing we have a common-sense approach to these matters. If you cannot intervene “be a good witness.” Clearly, if “excessive force” was being employed, such as to a handcuffed prisoner, that is a different matter. Peace officers must evaluate the behavior of their peers to prevent incidents of unreasonable force, but must always exercise good judgment. Rafael Delgadillo
Federal Oversight of County Jails
Santa Rita Jail, the largest in Alameda County, CA is under Court supervision to settle a lawsuit due to improper care of inmates with mental health issues. This is what happens when issues are not anticipated and dealt with. All prisoners must be treated humanely in accordance with the law. As Sheriff I will bring eight years of jail operation experience. I was responsible for the health, safety, and daily management of inmates in both general lockdown and Administrative Segregation. From the initial intake of prisoners, their medical screening, and psychological assessment, through the Classification Unit, I identified incoming prisoners and appropriately housed prisoners based on criminal history, gang affiliation, drug use history, mental health, and the political nature of their offense (crimes against children, racially motivated etc.) In the Grievance and Disciplinary Unit, I reviewed, investigated, and resolved both inmate grievances and administered discipline within the law and departmental policy. I reviewed the development of new proposed policies, edited and distributed them throughout the agency, and explained these policies to both inmates and custodial staff. I worked to maintain the accreditation of the jail. My knowledge and experience in managing a jail is a crucial skill that a Sheriff must possess.
We Stand with Grace
At the direction of the Albany County Republican Party, I penned a statement in support of Grace Smith (see link below), which appeared in the Laramie Boomerang. Soon afterward, Attorney General Merrick Garland stated that due to complaints of unruly and heated demonstrations at nationwide School Board meetings, he would make a referral to the Department of Justice (DOJ) for an investigation. After nationwide protest that citizens were only exercising their right to "Free Speech", he stated this directive was withdrawn. But now, according to Rep. Jim Jordan (R-Ohio) and Rep. Mike Johnson (R-LA), an "FBI whistleblower" states an October 4, 2021, memo by AG Garland directed "federal law enforcement to use counterterrorism resources to investigate protected First Amendment activity." Those targeted were parents and concerned citizens who protested mandatory masks, vaccinations, Critical Race Theory etc. "The FBI was to convene with federal, state and local law enforcement to tamper down alleged threats from disgruntled parents at school board meetings." As Sheriff, I will evaluate participation in Federal initiatives that impact the rights of citizens. I will stand for our Constitutional right to peaceful assembly and protest. Rafael Delgadillo