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Florida Governor Has Sheriff Arrested For Allowing Concealed Carry
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ExcelToExcel;105031 Wrote:
rmagill;105024 Wrote:Technically, the Sheriff can make a really good case that he decided to not enforce an illegal law. Illegal because it violates the 2A - "shall not be infringed" and all.

Now, if he has the resources to take this so far, the question will be: "Does SCotUS agree?"
Rather SCOTUS agrees or not isn't relevant. Sheriffs can not be forced to violate their oaths, neither can any other government employee except that military have a higher hurdle. If they believe it is a violation SCOTUS decisions mean nothing.

You'd think. Right now he would have grounds to stand on, but if the SCotUS rules that concealed carry licenses can be mandatory before one can carry outside their property, then the case can be made that the Sheriff is not violating his oath by arresting someone carrying a firearm without a valid permit/license/etc.

Doesn't make it right, but it does make it legal.

mrjam2jab;105306 Wrote:Refusing to arrest somebody is prerogative...altering/destroying official records to 'void' the arrest is where he went wrong.

Quote:Investigators allege that Finch destroyed or removed official arrest documents from the Liberty County Jail, making it appear as though an arrest never occurred. The investigation revealed that a Liberty County Sheriff’s Office deputy arrested a Liberty County resident on March 8, 2013 for carrying a concealed firearm, a third degree felony. Shortly after the suspect was booked into the Liberty County Jail, Finch allegedly released the suspect and altered or destroyed documents associated with his arrest.

Well, if it is policy to get rid of the paperwork for someone arrested but not charged, Shrug. That being said, I doubt that is the case.

If this did happen and it wasn't on the up-and-up (remember, these are just allegations by the prosecution, because they never make stuff upRolleyes) then the Sheriff screwed the pooch on this one.
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