Saturday, June 08, 2013

County Sheriff’s Under Attack

County Sheriff’s Under Attack
Sheriff Joe Arpaio of Maricopa County Arizona as well as several other county sheriff’s have come under attack by either the Federal government or their own state governments for…‘what’…for upholding their oath of office and their own State and Federal Constitutions.  And now a Sheriff has been ‘arrested’ in Florida for upholding the Constitution of the Republic of the United States of America.

By de Andréa
June 8, 2013

A number of Sheriffs around the country have signed a pledge to abide by Constitutional law more specifically the Second Amendment and to not enforce illegal laws that are known to violate the U.S. Constitution.  Sixty-seven sheriffs in the state of Florida have signed one of these pledges declaring that they would uphold the Second Amendment and protect people’s’ inalienable right to keep and bear arms.

Note: The Encarta Dictionary says inalienable means “Impossible to take away, not able to be transferred or taken away e.g. because of being protected by law”.  The Law says, 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.”  This was recently in 2009 upheld by the U.S. Supreme Court in Heller verses Washington D.C. 

The Encarta Dictionary says infringe or infringement means, “reduce or limit someone’s legal right or freedom.”  The law says, “shall not be infringed”, no one can reduce someone’s legal right or freedom to “keep and bear arms”, NO ONE!  Not the president, not the congress, not the mayor not the courts, and certainly not Governor Scott.  This is total ignorance and the overstepping of the governor’s power.  In addition little known and understood is that the ultimate legal authorities in the entire United States of America are the county sheriffs, also upheld by the U.S. Supreme Court.

One of those pledge signatories is Sheriff Nicholas Finch, who was arrested by Governor Rick Scott in Florida for actions he took in a case in early March in which Finch made his stand for the law, the Second Amendment of the U.S. Constitution. 

The charge stems from an incident involving Deputy Sheriff, James Hoagland.  Now bear in mind, there were no other charges other than possession of a ‘legal handgun’.  On March 8, 2013 Sgt. James Hoagland arrested a man named Floyd Parrish who was carrying a loaded semi-automatic concealed handgun.  As Parrish was being booked, one jail worker said Finch came in with a Parrish family member and spoke with Parrish.  Sheriff Finch then took possession of Parrish’s arrest file and released Parrish and his gun.  Several days later, Hoagland asked Finch about it and Finch’s reply was that he committed no crime and that he was enforcing “the Second Amendment”

Court records showed that Parrish’s name was whited-out from the county jail log.  Hoagland did have a copy of the arrest record but the original record is missing.

Sheriff Finch was not officially arrested for upholding the Constitution, which would have been too obvious…but on a Third-Degree Felony charge of official misconduct for destroying or removing official documents from the county jail to cover up the arrest of Mr. Parrish”.  Obviously the Governor doesn’t know the law; because according to law, if it was a bad arrest then all records can be expunged.

Finch’s lawyer, Jimmy Judkins, released this 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 amendment and we’re not going to charge him.’  That is not misconduct at all.  That is within the Sheriff’s prerogative whether to charge someone or not.”

Sheriff Finch’s actions are within his authority.  He certainly has the right to not charge Parrish.  Since Finch did not charge Parrish, the records are then without value and Finch was within his rights to expunge those records.  Kris Anne Hall is a Constitutional lawyer.  She says that what Sheriff Finch did was within his right to do, listen to what she has to say.

Despite the tap dance routine of skewing the issue, this is strictly a Second Amendment issue.  It is not about cover-ups or even the man who carried the concealed weapon.  The sheriff says the state law, he was told to enforce, not only violates the Florida State Constitution but the Federal Constitution as well.

Obama and AG Holder haven’t enforced immigration laws or DOMA, among other laws, because they don’t obey the law, Finch did.  Until Holder is arrested and convicted of failure to uphold the law, should we expect this sheriff to be convicted for upholding the Constitution of the United States of America

I guess we will see if the Florida Supreme Court aligns itself with the Constitution and a documented U.S. Supreme Court decision that gives county Sheriffs ultimate legal authority.  This was established from the time of the Founding Fathers and upheld by the US Supreme Court in the 1997 case of Printz v. United States.  Initially, the case was Mack v. United States, but by the time it reached the Supreme Court it was renamed, moreover, it was about this very Issue. 

Again I say, “this is total ignorance on the part of Governor Scott.”  Sheriff Finch should arrest Governor Scott for false arrest and over stepping his authority. 

For more background on this…read a recently publish article titled:  American Cities and Counties Nullify Federal and State Gun Laws  And an article titled:  Sheriffs to FBI – Go Suck an Egg

THE BOTTOM LINE:  Not only did the U.S. Supreme Court already rule on this very issue, upholding the power of the only citizen elected law enforcement officers in the nation, but if you read these two additional articles you will understand the history of this issue coming right from some of the architects of the U.S. Constitution.  Not only is Governor Scott wrong on the Constitutional issue but because of that he is wrong on his own state and local law as well.  It’s simple deductive reasoning…if there is no arrest’, there are no records either.

But then reason, logic, Supreme Court decisions, and Constitutional law, seem to completely escape law makers these days…it’s not about the law it’s all about power and control.

When are congressmen, presidents, state legislators, governors, county supervisors, city councilmen and mayors who make and sign laws that violate American Constitutional law going to be arrested fined or jailed for violating the ‘supreme law’ of the country?  If they were, they might have just a little more respect for it instead of acting as though they’ were above the law.   

Making laws infringing on “the right to keep and bear arms”, is tantamount to making laws infringing on “the establishment of religion, or prohibiting the free exercise thereof or abridging the freedom of speech or of the press…” or any other Constitutional law.

It’s illegal my friend…

Thanks for listening – de Andréa

Copyright © 2013 by Bottom Line Publishing -  Permission to reprint in whole or in part is gladly granted, provided full credit is given.

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