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Unread 06-08-2013, 09:53 PM   #3
85vette
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I'm following this to see where it takes us in regards to the second ammendment. I was very surprised to hear about this last Tuesday. Sheriff Finch used to be a Deputy in same department I worked at.
I have always understood that the duly elected sheriff of a county is the highest law enforcement official within the county. He has law enforcement powers that exceed that of any other state or federal official. I understand that to mean that his discretion in an arrest(or un-arrest)should not be challenged by anyone, governor, FBI, Attorney General, or POTUS. I believe this could very well set a precedent for case law in the future in regards to interpretation of the second ammendment. I don't believe the Governor will prevail in this case and I wonder if he's not doing this to actually strengthen the second ammendment. If it turns out that Sheriff Finch is exonerated of any wrong doing then the sheriff's all across the nation will hold the power of the second ammendment in their hands, not the Senate, House, or Whitehouse.
This could be big. He has been charged with official misconduct, not(in my opinion)for using his discretion in the decision to not arrest the subject with the concealed weapon, but in his handling of the records and paperwork associated with the arrest. If it stands that the arrest records have no administrative value due to the Sheriff's decision not to arrest, then the state should have no choice but to reinstate him.
On the down side to that outcome, that would mean that every Tom, Dick, and Harry will be packin heat without a permit and, frankly, some folks have no business with a gun.
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