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This
is an unedited response from Sheriff GIlbertson to our alert
of 10.30.09 which can be seen here.
Mr. Starret,
First, for anyone to suggest I am against the 2nd Amendment
is either a liar, or at the very least, misinformed. I have
always believed in the Constitution. In fact, I have put my
life on the line in numerous conflicts, throughout the world,
to preserve and promote our way of life.
We are a poor County. The O&C timber revenue has always
supported county law enforcement. The loss of that revenue is
proportionate to the level of service we can provide. One of
our responsibilities (under ORS) is to provide Court security.
We lack the funding to provide 24/7 coverage of patrol, only
use 43% of our jail, lack adequate support in court security,
amongst other duties – so, we spread out what we have
to the best we can.
I have personally provided public classes to our citizens on
how to defend themselves, which includes the use of various
levels of force. We are weak in law enforcement in this County
and I believe it a duty for this Sheriff to provide the public
with the knowledge on how to legally protect themselves, others,
and their families.
To take guns away from citizens lessening their ability to protect
themselves, especially given our weak law enforcement presences,
would be a true injustice that I will not abide by. As long
as I remain Sheriff of this County, I will fight to uphold our
Constitutional rights.
Many of you have already condemned me, and even made threats,
without understanding what occurred in Josephine County. A Commissioner
asked the Court for permission to carry a concealed weapon within
the Courthouse. That decision falls under the authority of the
Oregon Revised Statute (ORS) and the presiding Judges, not
the Sheriff.
Possession of weapon or destructive device in public
building or court facility:
Oregon law 166.360 Definitions for ORS 166.360
to 166.380. As used in ORS 166.360 to 166.380, unless context
requires otherwise:
Para (2) “Court facility” means
a courthouse or that portion of any other building
occupied by a circuit court, the Court of Appeals, the Supreme
Court or the Oregon Tax Court or occupied by personnel related
to the operations of those courts, or in which activities related
to the operations of those courts take place.
Further, the following is a decision on this matter from Josephine
County Judges: This memo comes from the Court Administrator
to County Legal Counsel -
“I am writing in reply to your memo dated October 22,
2009 regarding a Presiding Judge Order to authorize a County
Commissioner to carry a concealed firearm.
You referenced the 2005 Presiding Judge Order that was
rescinded in 2007 and the possibility of renewing the Order.
I discussed your memo with Presiding Judge Lindi Baker
and she has conferred with the other judges. All of the judges
agree the current Presiding Judge Order prohibiting weapons
in a court facility by anyone other than law enforcement while
on duty is in the best interest of court security.
The National Center for State Courts (NCSC) conducted
an on-site assessment for Josephine County in 2008 that evaluated
our court facilities, including our court security policies
and procedures. A fundamental principle of courthouse security
is to restrict all weapons and to have only trained law enforcement
personnel carry firearms.
It is critical that we provide a safe and secure environment
for both our employees and the hundreds of customers who visit
the courts and courthouse on a daily basis. In accordance with
ORS 166.360 and our current Presiding Judge Order Banning Firearms,
we do not support any non-law enforcement personnel carrying
a concealed weapon. Judge Baker will not amend the Order to
allow County Commissioners to carry weapons in the courthouse.”
I support the 2nd Amendment and an individual’s "right"
to defend themselves, or others.
Gil Gilbertson,
Josephine County Sheriff |
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