Who’s Rights Are Being Protected?

[Scott D Barrish]

This past legislative session (2011) in Tallahassee brought possible violations of law, fear mongering and baseless accusations during committee debates on SB234 and HB517.  Who were the perpetrators of said actions?  Was it a Democrat, Republican or “The Rent is Too Damn High” member? NOPE.  It was the Florida Sheriffs Association and representatives of sheriff departments’ legislative delegations.

Let me first reference the FL Senate Judiciary Committee hearing on SB234 where Capt. Mike Fewless of the Orange County Sheriff’s Office on the record stated (http://www.flsenate.gov/PublishedContent/Committees/2010-2012/JU/Me...)  that, and I paraphrase, “…I went to each of your offices today and showed you pictures…of concealed carry permit holders that have known biker gang affiliations… .”  Well sorry to burst Capt. Fewless’s bubble, but according to Florida Statute 790.0601, if he didn’t get these permit holders’ consent, a court order or was in an active investigation of these individuals, then the release of this CONFIDENTIAL information in an attempt to persuade FL Senators that not all Class W licensees (conceal carry license) are of good “moral” character based upon comparing their moral values to another based solely on their associations was in my opinion possibly ILLEGAL and at a minimum UNETHICAL.  I reference an on-going FDLE investigation as reported by the Orlando Sentinel; point of order on this issue is that the Capt. should be presumed innocent until the investigation is complete.

If the above point wasn’t sufficient, how about Pinellas County Sheriff Coats when he stated in the same hearing that if SB234 were to pass and be signed into law with the open carry provision that Deputies would drawn down on all citizens that were lawfully open carrying their firearm. You don’t believe a chief law enforcement officer would say such a thing as to violating a citizen’s civil rights? Let’s go to the videotape: FL Sheriffs Association - Officers will Draw Down on Lawful Open Carriers (http://www.youtube.com/watch?v=pqrLRePn8Js)

Another interesting fact that the above video outlines is the Sheriff’s recognition of the LACK of education and training of his Deputies in fully understanding the citizen’s right in carrying firearms in this state and the lack of confidence of his Deputies in responding appropriately to a call for service where a citizen is legally carrying a firearm.  Sheriff Coats would much rather fear monger the legislators and pus the point that both law enforcement is incapable in handling citizens open carrying and that citizens aren’t trained or practice common sense and safety when carrying or using a firearm. This is a classic tactic used when there is NOT a logical argument to be made with supportive evidence to oppose a law or right.  Instead, the police state wins out because of the tacit trust that is assumed with the public when wearing the uniform and badge instead of examining data from other states that have constitutional or even more general open carry laws as compared to Florida.

In a recent encounter with Hillsborough County Sheriff David Gee, I asked him why he was opposed to SB234 as evidenced by FL Senator Ronda Storms’ (R-10) during the floor debate and vote on the technical amendment submitted by Senator Ellyn Bogdanoff (R-25) that striped open carry from SB234 stated that the Hillsborough County Sheriffs Office delegation was in the balcony and in support of removing open carry, he could not produce one single valid argument to support his position.  First Sheriff Gee stated that when he was a road Deputy in 1987 when there was a loophole in the firearm laws that allowed open carry, he would respond to 3-4 calls for service of a person walking in public with a firearm.  So, was the Sheriff just complaining about doing his job which is to enforce the laws on criminals and protect EVERYONE’s civil rights?  I failed to see how this related to why he, other Sheriffs and the Florida Sheriffs Association were opposed to citizens open carrying! Then once that argument was defeated and presented with the fact that there were states like Arizona that have Constitutional carry, meaning no permit or license required to open or conceal carry a firearm, Sheriff Gee stated that Arizona is more rural than Florida. I almost went into a Dr. Phil impersonation and wanted to say, “Are you kidding me? {puzzled look}”  Granted Florida’s population is 2.5x larger than Arizona (US Census Bureau), what does this fact have to do with a defense to NOT allow a citizen to open carry a firearm?

So when I confronted Sheriff Gee (Hillsborough), Eslinger (Seminole) and Johnson (Volusia) about their hypocrisy in stating that they are avid second amendment supporters yet deny the citizen’s right to open carry, they immediately go into the “let’s agree to disagree” stance.  They are very afraid and held this line even more so when confronted with the proposition of exploring the data from states like Arizona, Alaska, Vermont that have Constitutional carry and 13 additional states that have licensed open carry laws to see if their anxieties and fear mongering talking points would hold up to any sort of validity (OpenCarry.org).

I challenge you as a concerned citizen to question with boldness these Sheriffs about their unwavering position to enforce a police state and strip away your constitutional rights as a free citizen of this great country and state.  I challenge you as a concerned citizen to question with boldness your legislators while they are back from session as to why they would allow the government to infringe upon your personal freedoms and be OK with it.  This is completely unacceptable and you should not stand for this whatsoever!

God bless America and God bless the great state of Florida.

[William J. Waldron]

Excellent article Scott. With these types of attitudes and perceptions it's no wonder that only 2 Sheriff's from Florida attended the Constitutional Sheriff's Conference.