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Florida sheriff arrested on governor's orders for defending 2nd Amendment

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jengel2000:
This is a BETA test. The Government will gauge the reaction of the citizens from this. If they are able to get away with it they will know that there is no real opposition to confiscation.

Share this every chance you get.

There are several links in the story where you can get updates.

http://cspoa.org/florida-sheriff-arrested-on-governors-orders-for-defending-second-amendment/

unfy:
Well....

The charges are in relation to the destruction of paperwork, not necessarily using his executive authority to dismiss someone being held wrongly in his opinion (or more exacting, that he was enforcing his interpretation of 2A).

Coincidence ? Prolly not... but.... it is what it is.

00BUCK:

--- Quote from: jengel2000 on June 06, 2013, 09:02:20 PM ---If they are able to get away with it they will know that there is no real opposition to confiscation.
--- End quote ---
From LEO's perhaps - but I'm pinning hopes on gun owners to vehemently defy any such activity.

AAllen:
I have been reading stories on this for the last couple of days, the officer that made the arrest seems to be claiming that the Sheriff destroyed some of the arrest records and documents (someone used white out in the ledger of bookings to remove the arrest from that log).  The Sheriff claims that it was not him but admits he ordered the release because he would not prosecute someone for breaking a law that he felt was unconstitutional.  Sounds like it is going to be a he said he said type of thing where proving that someone did something illegal is going to be pretty hard.  But then you never know with our courts.

GreyGeek:
It's too early to say, IMO.

http://www.wctv.tv/home/headlines/Liberty-County-Sheriffs-Office--210152161.html

--- Quote ---UPDATED 7:20pm
by Julie Montanaro

Sheriff Nick Finch has declined to comment on his arrest. His attorney, Jimmy Judkins, released the following statement:

"The records at the jail show exactly what happened in this case and the records speak the truth. The sheriff looked at the facts and said 'I believe in the second ammendment and we're not going to charge him.' That is not misconduct at all. That is within the Sheriff's perogative whether to charge someone or not."
...
Investigators say back in March, a Liberty County Sheriff's deputy made an arrest on a resident there for carrying a concealed firearm. FDLE believes shortly after the arrest, Finch released the suspect from jail, then altered or destroyed paperwork from the arrest.

Liberty County resident, Samuel Coover: "Since he's considered what people consider an outsider and not from Liberty County, that they finally railroaded him out. In my personal opinion he was doing his job and people didn't like it."
...
Wednesday, Commissioner Gerald Bailey said FDLE's investigation is ongoing, but he would not specify the number or nature of the additional complaints.

"Did you receive any additional complaints once you started investigating this?"

"Yes," Bailey said.

"You've received more?"

"Yes," Bailey said.

"Can you tell me how many more?"

"No," Bailey said.

Sheriff Finch was arrested Tuesday. Agents say Finch altered or removed official documents and ordered corrections officers at the Liberty County Jail to free a man who had been arrested on gun charges.

FDLE says the official misconduct charge is a third degree felony punishable by up to five years in prison if convicted.

"It could go from the fact that he could ... all the way from he'll lose his job and his law enforcement certificate to he could be reinstated," Bailey said.

The governor appointed FDLE agent Carl Causey as interim sheriff for the next 30 days.

--- End quote ---


Concealed carry laws in Florida has suppressed violent crime by 1/3rd:
http://www.thenewamerican.com/usnews/crime/item/14859-florida-update-concealed-carry-permits-up-violent-crime-down

--- Quote ---The recent report from ABC News that in Florida, where there are more concealed weapons permits than anywhere else in the country, violent crime has dropped to the lowest point in history, delighted Sean Caranna, executive director of Florida Carry, Inc. “We’re happy to have facts and statistics put into these debates, because every time they do, we win,” he said.

Firearm-related violent crimes in Florida have dropped by one-third in just four years, 2007 to 2011, while concealed carry permits jumped by 90 percent in that period. Further, violent crime of any kind dropped almost as much, 26 percent.

There were naysayers, but their voices are becoming muted as more and more states have adopted “shall-issue” carry laws and have seen their own crime rates drop as well.

--- End quote ---

It appears to me that the Floyd Eugene Parish did not have a concealed carry permit, and was arrested for that.  The Florida laws on concealed carry state:

--- Quote ---Must Inform Officer Immediately on Contact By Law?
“NO”
790.06 …. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.

--- End quote ---
The number of CCW permits in Florida exceeded one million recently, more than any  other state,  and many say that getting a CCW in Florida is very easy.  So, there must be a reason why Parish didn't apply for and receive one.  Also certain is that according to Florida law, if he has a CHP he didn't have to inform the officer when contact was made.  So there must have been another reason why Parish was searched.  Normally, LEOs do  not search cars and frisk people  on ordinary traffic stops (at least I didn't) so it seems to me that Parish was stopped for another reason, probably drunken driving, and was search in the course of slapping on the handcuffs  and preparing him for transit.   However,  the arrest record was destroyed by the sheriff and no mention of any other reason for the stop was made.   So, despite the statement by his lawyer that it is a 2nd  Amendment case,  the actions of  the sheriff are suspect. 

Also, the relationship between Sheriff Fench and Parish has not been revealed.  Was Parish a buddy of Finch?

So, I think it is too  early to call this a 2nd Amendment issue.   If this happened in Colorado,  then  yes.  But not in Florida.

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