The Florida Sheriffs Association signed a proclamation last week that says the state’s sheriffs will not “assist, support or condone” any law that infringes on second amendment rights. However, legal experts say the sheriffs are overstepping their boundaries.
Lee County Sheriff Mike Scott says he and other sheriffs have a right to not enforce laws they don’t agree with.
“We don’t currently enforce laws based on what someone else tells us to enforce,” Scott says. “We deploy our resources—precious, by the way, resources, in this economy—the way we see best to preserve the peace and dignity of the community that we are charged with.”
However, Bob Jarvis, a constitutional law professor at Nova Southeastern University in South Florida, disagrees. He says sheriffs don’t have that choice.
“They do not have the constitutional authority, sheriffs don’t have the responsibility to decide which laws are constitutional and which laws are not constitutional,” Jarvis says. “Their job is to uphold all laws until a court says that law is an invalid law.”
Jarvis says the proclamation signed by the Sheriffs Association was most likely a political gesture. In Florida, Sheriff is an elected position.
The National Rifle Association (NRA) has been very opposed to recent federal-level interest in stricter gun regulations.
Each year, the NRA sends out a questionnaire to prospective sheriff candidates and chooses one to endorse in each race.
