Friday, April 18, 2014
PLACERVILLE, CALIFORNIA
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D’Agostini writes to veep: Sheriff defends Second Amendment

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From page A1 | January 23, 2013 | 25 Comments

Vice President Joe Biden

The White House
1600 Pennsylvania Avenue NW
Washington DC 20501

Dear Mr. Vice President,

I am the elected Sheriff of El Dorado County, California, and as such am sworn to support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic. I was also elected by the people of El Dorado County to manage and direct the 358 employees of the El Dorado County Sheriff’s Office. As a leader, I take my oath of office seriously and in doing so, set an example to those I lead.

My agency’s Mission Statement reads as follows:

The mission of the El Dorado County Sheriff’s Office is to uphold the law through the investigation and enforcement of criminal and civil law, to provide leadership and law enforcement support to allied law enforcement agencies, to deliver consistent and humane treatment to those placed in our care and custody and to perform these responsibilities in a manner that is responsive to the needs of our community and faithful to the Constitution af the United States and the Constitution of the State af California.

As you can see, the United States Constitution, the foundation of our liberties, that we both are sworn to support and defend, is the crux of our duty and honor we owe to all we serve and lead.

The purpose of this letter is to go on record of reaffirming my oath of office and making it clear that I and my staff will never violate that oath by being pressured into enforcing any unconstitutional provision, law or executive order.

It is well-known and proven with facts, not emotional inference, that gun control of any kind, has no effect on the reduction of crime, anywhere. If all manner of firearms were removed from within the borders of the United States those in society who have no respect for the rule of law, would still find a way to obtain and use firearms. This is an absolute fact, given the current laws we have in this nation and in California that ban gun possession by felons and prohibited classes, yet law enforcement continues to encounter the aforementioned individuals in possession of firearms.

Our nation’s problem with violent crime is not an issue of firearms; it is an issue of mental illness and antisocial behavior. If as much effort were expended in keeping criminals out of our communities and identifying and treating our mentally ill as are expended in the folly of gun control, this nation would experience an immensely measurable decrease in violent crime.

My agency will continue to support and defend the constitutional rights of all we serve, without any mental reservation or purpose of evasion.

Respectfully,

John D’Agostini
Sheriff-Coroner-Public Administrator

LEAVE A COMMENT

Discussion | 25 comments

  • 1036-FrankJanuary 22, 2013 - 11:46 am

    Most of us stand with the Sheriff on this issue. The idea to take away freedoms from the law abiding because of the acts of a few deranged criminals and mentally ill people should be laughable but it is serious. Where was Biden's proposal for new stiff federal sentences for felons/mentally ill people who illegally possess firearms? Same place as his plan for securing the border from Cartel members who are pouring into the country and laughing at our federal laws. The endless early release of dangerous felons from liberal judge's orders has killed more people then most other causes combined. The right of the people to protect themselves from dysfunctional liberal ideas regarding criminals has never been more important then now.

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  • Dink LaneJanuary 22, 2013 - 1:06 pm

    OK guys I went on the VP's site... the letter does NOT ask the Sheriff to violate the 2nd amendment: [A WELL REGULATED MILITIA BEING NECESSARY TO THE SECURITY OF A FREE STATE, THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED.] ..... OK guys we agree that this is what it says. Right?..... Now the VP's letter asks for ..... All firearms RECOVERED...(not pulled from your cold dead hands.... Recovered in a CRIME or INVESTIGATION)....are "Traced" (that's like looking at the history of the gun....who owned it, was it used in other crimes.)..... NOW.... WHERE in the 2nd Amendment does it say "YOU can't look at the history of that gun?" ..... This is PURE hyperbolic rhetoric...... POLITICS!..... We need to protect OUR rights....from Crazy + Criminals.... that's common sense... General in the Military says the same thing.... Not everyone can get in the Army..... Not everyone should have a gun....Common sense... Please people stop this crazy talk!

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  • M. WaterworthJanuary 22, 2013 - 10:42 pm

    Wanting people to register and insure the weapons already out there, and stopping future sales of assault weapons isn't taking away your guns, it's called recognizing a National health issue, being responsible gun owners, and plain common sense. Keep all the shotguns and bolt action rifles you want. You can defend your home GREAT with a 12 gauge shotgun. Right? Wanna carry an assault weapon? Serve your country. Wanna carry a handgun? Become a cop. Already own these things before we enact some common sense legislation? Prove you know how to use it on a regular basis, keep it registered and insured in case of unforeseen circumstances or accidents or give it up. Why is that so horrible? I already do that with my car and my dog, how does doing that with a weapon infringe on 2nd Amendment rights?

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  • MikeJanuary 23, 2013 - 6:13 am

    Okay, so with the same "common sense" as described above, we should move on more regulation on automobiles, because as we all know, there are WAY more deaths attributed to automobiles, than guns. You have to register, and insure your automobile, and renew your driver license every four years. So, how come there are so many deaths by auto? There's still plenty of idiot drivers out there, endangering others with their inability to properly operate a motor vehicle, yet there they are, all LEGAL. Insuring that auto, registering it, and making the driver renew his or her license on a regular basis, doesn't seem to make a difference in how many people are killed by those autos. It's the person doing the driving that is the problem! Not the insurance, registration, or license renewal. I guess we need to start a new Government Agency, to take away peoples cars, who do not have a sterling perfect record operating them. Better yet, let's get rid of all cars and just have Public transportation. Only the Government knows how to do things the right way. Some of you people are so willing to walk right into the fire, and lead as many others as you possibly can. Let's all be thoughtless Zombies, what a wonderful world that would be, huh?

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  • RichardJanuary 23, 2013 - 8:40 am

    In our nation today, out of 3,250 Sheriffs and almost 18,000 Police Chiefs less than 50 in good standing Nation wide oppose gun control. Our Sheriff John D'Agostini is one of them. Political posturing, on the most divisive issue in our country today reflects poorly on people of El Dorado County.

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  • davidJanuary 23, 2013 - 8:56 am

    Great letter by our sherriff in regards to gun control legislation and his commitment to defending our constitutional rights. He made a great point in mentioning mental health. Have a question for our Sherriff. Since you believe that more should be done with mental health are you willing to give some of your budget to mental heatlh. Your department eats up most of our county budget so i'm sure that BOS would love to move money around to where we can fight the cause of most crime. AS your letter so eloquently stated.

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  • John SavageJanuary 23, 2013 - 8:59 am

    I was disappointed to see our county's e-mail alert system used for the partisan political purpose of publicizing the sheriff's letter to the vice president. I signed up to the e-mail system to get updates from the county regarding road projects and development issues not partisan press releases.

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  • 1036-FrankJanuary 23, 2013 - 9:00 am

    Of course it is common sense that criminals and mentally ill people who can't legally own firearms will line up and turn them in and register them, right? Also common sense that Biden and Bummer wouldn't allow an armed invasion of murdering drug cartel gang members to pour into the country and of course they wouldn't try to go after the Sheriff in Arizona who is fighting the drug cartel gangs with federal charges right? Biden and the AG under the Bummer wouldn't allow a federal program for arms smuggling to cartel gangs, right? couldn't be aware of that, right? Ever watch the show Border Wars? Ever see the armament these gangs possess? One show showed a drug cartel truck full of ammo and full auto weapons parked on a Texas Street. These gangs also have a habit of taking over border towns and killing scores of people on both sides of the border. They wouldn't like more disarmed citizens, right? Or the riots in L.A., the govt. protected people from the killing and looting mobs, right? Of course anyone who lives near the border or in a border state should be disarmed and let the feds handle it, right? This is your liberal common sense, right? The bottom line is the federal govt. can't even protect citizens now or stop criminals from being armed and never will, THERE WAS NO PROPOSAL BY BIDEN FOR INCREASED SENTENCES FOR ARMED FELONS OR MENTALLY ILL PEOPLE. Then there is Moonbeam's early felon release program and three strike release program, of course good jobs are waiting for them, and they won't go back to crime, right?

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  • EDC residentJanuary 23, 2013 - 9:20 am

    I was also disappointed to see our County Sheriffs Office used to promote the Guns and Roses Fund raiser for the California Gun Owners Association. It’s obvious the Sheriffs letter to the Vice President is pure political posturing and that his time could be better spent caring for the welfare and safety of our deputies .

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  • DB SmithJanuary 23, 2013 - 9:27 am

    Perfectly stated Frank!

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  • Jim RiordanJanuary 23, 2013 - 11:06 am

    Good Job 1036 Frank, on both comments. Great Job Sheriff John!. To those who did not like seeing the letter in the county bulletin, unsubscribe. I thought it appropriate. To Richard: political posturing? You got to be kidding. He does not need to “posture”. He is one of, if not the most, popular Sheriffs we have had by a long shot. At least that is what most people with brains in this County have said to me.

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  • Hatchet JackJanuary 23, 2013 - 12:17 pm

    When will these idiot politicians get it? O'Bummer using innocent school kids as a shield in his dribbling speech about gun control was shamefull. He has done NOTHING to ensure their safety.They were mere props for his stage. They are no more safe today than when the mental case shot up Newtown. I voted for our Sheriff and stand by him on this issue. The libs would have all of us give up our protection and lay down to be victims like themselves. I have noticed in the news lately that more and more people are protecting their homes and killing unwanted intruders. The Police simply can't be everywhere and by the time they can get to you, the situation is over. By the way...10-36 Frank...GREAT POST! EEEhhhheheheheeeeee

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  • Ben F.January 23, 2013 - 12:30 pm

    Thank you, Sheriff D'Agostini. I know that my family, and many of our friends, will continue to support and vote for you in the future.

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  • John SavageJanuary 23, 2013 - 1:52 pm

    I wasn't aware that our illustrious sheriff was such a constitutional scholar. Pity Mitt Romney lost the election, our sheriff could have been on his short list for the next opening on the Supreme Court. I'm sure Sheriff Bull Connor of Birmingham wrote some nifty letters back in the early '60s regarding federal civil rights laws.

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  • Jeff & Claire WingerJanuary 23, 2013 - 6:30 pm

    We are proud of our Sheriff D'Agostini and support him & his position as he stated in his letter to defend our Constitution and our 2nd Amendment.

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  • Ken SteersJanuary 23, 2013 - 10:21 pm

    Thank you Sheriff. Why are the negative posters ignoring the obvious regarding the mental illness situation in our Country? Wouldn't our Sheriff be the expert in this matter compared to you? Or is it something deeper and more sinister? Could it be that you realize that you are the ones with anti social behavior? And you know that since you will be forced to surrender your firearms by this administration, you would want to drag the rest of the sane people down with you?

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  • cookie65January 24, 2013 - 8:12 am

    obama and the rest of the communists in this country have a pre-existing agenda when in comes to the citizens and their ability to defend themselves against a leftists dictatorship. They will use anything to promote and further that agenda. It is total depravity to go after law abiding citizens for the actions of criminals and the mentally ill. Only the mentally ill would believe it is the solution.

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  • Ken SteersJanuary 24, 2013 - 9:07 am

    I have sworn an oath to defend our Constitution from all enemies both foreign and domestic. And to do just that, I have a constitution right to cling to my guns and religion.

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  • Paddy O'furnitureJanuary 24, 2013 - 12:01 pm

    Ken, Cling! CLING! And cling bitterly if you must.

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  • Ken SteersJanuary 24, 2013 - 12:15 pm

    Hey Paddy, I was thinking about what you said the other day. One of my employees has a special needs daughter that is struggling. He was talking to me about her and the pain they are going through. I gave him one of my insensitive, rah rah speeches and left his office. While walking down the hall I put myself and one of my gorgeous daughters in his situation. The horrors of what he is going through, battling for his babies life hit me hard. I became both sick and embarrassed. I want you to know that you and people like you are truly my hero's. Thank you, may God Bless you and your family.

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  • Gale HoneycuttJanuary 24, 2013 - 4:45 pm

    Really, this is front page news?

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  • Paddy O'furnitureJanuary 24, 2013 - 7:08 pm

    Ken, I think it's harder for people whose kids were born with handicaps or special needs. They weren't expecting it and were thrust into a challenge few people in the world feel they can handle. In my case, we chose it. We brought him home from the hospital when he was 19 days old knowing he had major issues. His mom, having used all manner of drugs all during the pregnancy, probably knew what she had done to him and left the hospital without giving him so much as a name (his legal name was something like "29ABMC___hospital name", meaning "29th abandoned male child born at______hospital" till we adopted him). We basically took him in partly out of curiosity, partly out if compassion. Then we fell in love him. Crazy in love. Yeah, he's got a lot of problems but he's also a blessing. Having raised 3 biokids who are now married and moved on, when raising a special needs child, every thing they do is exciting and you take nothing for granted. He's sitting in my lap grabbing at my computer as I type at this moment. He was never supposed to do that. Never supposed to do anything but lay there. Due to some of his brain issues, he's not supposed to live past his teens. But we'll love him like crazy and give him our best. We chose it. Were he born ours, we may feel cheated, or put upon, or maybe feel like it was somehow our fault. I really feel for parents like that. They need all the support they can get.

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  • Mark CutlerJanuary 24, 2013 - 8:28 pm

    So now the Sheriff will decide for himself which laws are constitutional. Then what are the courts for? Does the sheriff have a law degree? Isn't practicing law without a license a crime? Can I decide for myself which laws I think are unconstitutional? Grow up, sheriff and do your job. You will have plenty of time to run for office next time there is a pending election.

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  • EvelynJanuary 24, 2013 - 8:40 pm

    "The Sheriff Has More Power In His County Than The President Of The United States: U.S. Constitution U.S. Supreme Court ~ Quashes Obama’s Claim To 'Supremacy Clause'" - HERE

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  • When Law Enforcement Defies the Law | The Bang SwitchDecember 16, 2013 - 8:32 pm

    […] have been busy defending liberty all across the nation, even in places like California where a delegation of Sheriff’s urged Governor Brown to veto […]

    Reply | Report abusive comment
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