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Cerabino: Florida sheriffs edge closer to law interpreting than law enforcing
palmbeachpost.co ^ | 5 February, 2013 | Frank Cerabino

Posted on 02/05/2013 2:04:59 PM PST by marktwain

I know it’s illegal to impersonate a law-enforcement officer.

But what happens when a law-enforcement officer impersonates a judge?

I’m talking about the recent proclamation from the Florida Sheriff’s Association announcing that its members “will not not assist, support, or condone any unconstitutional infringement” of the Second Amendment’s right to bear arms.

The timing of the proclamation coincided with efforts by President Barack Obama and some members of Congress to advocate for gun regulations that ban the sale of military-style assault weapons, limit rounds of ammunition in clips, and eliminate loopholes in background checks for gun sales.

If those measures, yet to be enacted, turn out to be unconstitutional, that will be the work of judges to decide. If county sheriffs get to pick and choose which law they believe is valid, they would not be called law-enforcement officers, they’d be called law-interpreting officers.

And they’d go to work in black robes instead of green uniforms.

So the Florida Sheriff’s Association is doing little more than impersonating a judge. And on impeachable grounds.

After all, Section 8 of the Florida Constitution supplies them with some pretty good guidance when it comes to interpreting gun laws in the state.

“The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law,” the Florida Constitution says.

In other words, citizens have a right to own weapons, but that ownership can be legally regulated.

(Excerpt) Read more at palmbeachpost.com ...


TOPICS: Constitution/Conservatism; News/Current Events; Politics/Elections; US: Florida
KEYWORDS: banglist; constitution; fl; guncontrol; secondamendment; sheriff
Notice that the writer directly contradicts himself at the end of the excerpted section. The Florida Constitution grants the state the power to regulate the manner of bearing arms, not the ownership of them.
1 posted on 02/05/2013 2:05:08 PM PST by marktwain
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To: marktwain

It is every citizen’s duty to interpret the law according to the Constitution for themselves. Sheriff’s are citizens.


2 posted on 02/05/2013 2:12:01 PM PST by TigersEye (The irresponsible should not be leading the responsible.)
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To: marktwain

One if the greatest tools ever used by Satan is legalism because it calls into question every legal precept under the sun. Once you ask a question you create doubt which leads to fear and/or confusion which leads to reinterpretation which leads to rationalization which leads to maybe black is white; let’s just leave out the common sense / right or wrong and change it to whatever fits our needs...


3 posted on 02/05/2013 2:15:22 PM PST by jsanders2001
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To: marktwain

this reporter is a fool and perfoming journalistic malpractice.

what about speeding tickets? when police let a speeder off with a warning they are making a decision. I bet this reporter would insist of having the speeding ticket....NOT!


4 posted on 02/05/2013 2:15:31 PM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: marktwain

He’s a hypocrite anyway, or did I miss his column on sanctuary cities and non-enforcement of immigration law? And harassment of LEO who have tried to enforce our immigration laws?


5 posted on 02/05/2013 2:15:44 PM PST by mrsmel (One Who Can See)
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To: longtermmemmory
Obviously, we need more robocops.


6 posted on 02/05/2013 2:18:53 PM PST by Bratch
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To: marktwain

Just for argument’s sake, this is a fun concept for debate.

But I think (think) that it is the duty of every law enforcement officer to refuse to enforce any laws that are in direct conflict with what the Constitution says..... at least until it can work its way through the courts.

Would this writer be so smug if Obama passed a law requiring all “writers and journalists” to get a license, pay a tax/fee, and wear a GPS ankle tracking bracelet?

I believe that he would prefer the Sheriff hold off on arresting him until that could be properly heard in court.

Or, if the President signs a law that says all Jews should be rounded up and gassed is he going to blame some cops for not doing it?


7 posted on 02/05/2013 2:19:04 PM PST by Noamie
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To: marktwain

this reporter is a fool and perfoming journalistic malpractice.

what about speeding tickets? when police let a speeder off with a warning they are making a decision. I bet this reporter would insist of having the speeding ticket....NOT!


8 posted on 02/05/2013 2:21:20 PM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: marktwain
"but that ownership can be legally regulated."

Not true.

The author (purposefully, in my estimation) misinterprets the Florida Constitutional clause:

"except that the manner of bearing arms may be regulated by law"

"manner" means HOW the arms may be borne, not WHETHER they may be borne, or even WHETHER the government has a right to regulate guns themselves or their ownership.

In other words, the clear meaning of their constitution is that everyone can own a gun. Period. The only thing the constitution allows law to do to that right is adjust how people carry them around, "borne" in the language.

So, the government would be within its rights to pass a law requiring that guns not be carried around loaded, or carried around unloaded, or carried around in a holster on your hip, or carried around hidden.

But the "borne" language does not allow for registration, regulation, confiscation, or banning, none of which have anything to do with the manner in which the constitutionally owned firearm is borne.

That's my layman's interpretation. I don't see that Floridians' forebears had anything in mind other than having law affect how people carry, not rights to own in any manner.

9 posted on 02/05/2013 2:22:47 PM PST by Uncle Miltie (Of the government, by the government, and for the government.)
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To: marktwain
Cerabino isn’t a journalist, he’s the mouthpiece op-ed writer for the Palm Beach Post, and he’s a tool.

Pay no attention to the Obot behind the paper.

10 posted on 02/05/2013 2:24:01 PM PST by CelesteChristi
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To: longtermmemmory

If the President signs a law that requires “all idiot journalists with no critical thinking skills to be rounded up and gassed” will this guy drive himself to the station or would he wait for the Sheriff to come get him?


11 posted on 02/05/2013 2:24:10 PM PST by Noamie
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To: marktwain

How dare these aparatchik foot soldiers think for themselves!

If they will not give blind loyalty to the state, who will feed the ovens?!


12 posted on 02/05/2013 2:26:18 PM PST by SampleMan (Feral Humans are the refuse of socialism.)
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To: TigersEye

“It is every citizen’s duty to interpret the law according to the Constitution for themselves. Sheriff’s are citizens.”

Exactly so, Tiger. (I’ll hold off any criticism on the apostrophe in Sheriff, though.)

The Framers wrote the Constitution in plain language exactly so that We The People could understand its meaning. WE are the final arbiters of its meaning!

When we are called to jury duty, it is our responsibility to make sure the law is Constitutional. (I once got out of serving on a jury by letting the judge know that I clearly understood what “jury nullification” meant.)

So where is the confusing part of the Second Amendment? How does TSA pull their crap when the Fourth Amendment is very clear and simple?

WE can fix this on our own, given half a chance!


13 posted on 02/05/2013 2:28:16 PM PST by DNME (Without the Constitution, there is no legitimate U.S. government. Period.)
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To: marktwain

“If those measures, yet to be enacted, turn out to be unconstitutional, that will be the work of judges to decide.”

No. Wrong. It is the duty of all Americans to refuse to follow unconstitutional laws. It would be nice if the judges agreed but they don’t have to and I’d guess they wont.


14 posted on 02/05/2013 2:31:02 PM PST by TalBlack (Evil doesn't have a day job.)
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To: DNME
(I’ll hold off any criticism on the apostrophe in Sheriff, though.)

Thank you. That's a mistake I rarely make.

15 posted on 02/05/2013 2:33:18 PM PST by TigersEye (The irresponsible should not be leading the responsible.)
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To: marktwain

Legalism is how evil people use “the law” as a weapon against those that are law-abiding. They just simply make a law or laws that in one swoop turn law-abiding people into criminals for doing their everyday actions and exercising their God-given rights.


16 posted on 02/05/2013 2:35:18 PM PST by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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To: marktwain

Sheriffs are not dependent on the federal government to instruct them what to do.


17 posted on 02/05/2013 2:35:37 PM PST by Cicero (Marcus Tullius)
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To: CelesteChristi

I can’t believe people still read him. Or people still pay him to write. Amazing. I haven’t clicked on a PBPost link in months and I live here. I haven’t had a physical newspaper in my hands in maybe 10 years. Frank Cerabino....Bwuaahhaahhahhaa...


18 posted on 02/05/2013 2:41:09 PM PST by FlJoePa ("Success without honor is an unseasoned dish; it will satisfy your hunger, but it won't taste good")
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To: TigersEye

When I was in the academy it was impressed upon us we were to enforce the spirit of the law, not the letter of the law. The chief law enforcement officers of the counties (Sheriffs) are making it clear that is what they intend to do.

Guess I will go shoot a dog now. (beat you a##holes to it!)


19 posted on 02/05/2013 2:43:57 PM PST by Glennb51
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To: marktwain

It’s called Engrish. Learn it and read the 2nd Amendment.


20 posted on 02/05/2013 2:45:58 PM PST by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: marktwain
But what happens when a law-enforcement officer impersonates a judge?

Howabout when a law-enforcement officer impersonates an American citizen? Howabout when a law-enforcement officer is an American citizen who can read and needs no one in a black robe to "interpret" "shall not be infringed"?

21 posted on 02/05/2013 2:51:01 PM PST by grobdriver (Vivere liberi aut mori)
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To: Glennb51

I caught this dog trying to drag one of my guns off of the property.
I can only assume that it was working udercover for 0bama.

BTW, I'm fixing stir fry tonight if anyone wants to come by.

22 posted on 02/05/2013 2:57:35 PM PST by TigersEye (The irresponsible should not be leading the responsible.)
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To: marktwain
Apparently, Mr. Cerabino is unfamiliar with our governmental system that is based on the concept of "Separation of Powers."

The Founders knew enough to put the reins on out-of-control judicial and legislative branches, and vice-versa.

Or perhaps Mr. Cerabino would prefer that ALL laws currently on the books be strictly enforced. I'm sure that would make him happy. /sarcasm off/

23 posted on 02/05/2013 3:00:29 PM PST by AUTiger83
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To: FlJoePa

I’m right there with you Joe.


24 posted on 02/05/2013 3:03:20 PM PST by CelesteChristi
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To: marktwain

Just wondering exactly where in the chain of command a president lies, with regard to a sheriff’s deputy.


25 posted on 02/05/2013 3:14:13 PM PST by Apogee (All done with sleepless contemplation of jus ad bellum and jus in bello, for now.)
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To: marktwain
I've noticed that the liberal gun haters have no problem when their idol, President Barak "H.(ypocrite)" Obama chooses to ignore Constitutional law and do whatever he wants to do. But let law abiding citizens proclaim that they will not abide by nor recognize unconstitutional laws in direct violation of the 2nd Amendment as ordered by law breaking President Obama and listen to them hoot and howl.

I mean hey, Obama started us down this path to anarchy by picking and choosing which laws he would enforce or ignore. He can't have it both ways!

26 posted on 02/05/2013 3:33:18 PM PST by Ron H. (Hussein Obama, the 21st century American Balkanizer - 'Yes I Can')
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To: Cicero
Sheriffs are not dependent on the federal government to instruct them what to do.

As in local sheriffs can not enforce federal immigration laws.
      -Obama Justice Dept.

27 posted on 02/05/2013 3:36:50 PM PST by Ron H. (Hussein Obama, the 21st century American Balkanizer - 'Yes I Can')
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To: marktwain

Except for orders to execute warrants, all police choose as to what they will enforce or not. And BTW, many lawyers have been incorrect. The laws of our earlier, greater USA were not based on the Roman Empire. They were based on the morality of early American Protestants (Puritans, Huguenots, early Presbyterians, all), who came mainly to leave Rome back in Europe.


28 posted on 02/05/2013 3:41:57 PM PST by familyop (We Baby Boomers are croaking in an avalanche of rotten politics smelled around the planet.)
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To: marktwain

Frank Cerabino is a 30 IQ commie ape throwing out gorilla dust.


29 posted on 02/05/2013 4:05:38 PM PST by sergeantdave (The FBI has declared war on the Marine Corps)
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To: marktwain
"Florida sheriffs edge closer to law interpreting than law enforcing"

Actually, it's quite the opposite.

Impeach the kenyan or secession.


30 posted on 02/05/2013 4:11:50 PM PST by ex91B10 (We've tried the Soap Box,the Ballot Box and the Jury Box; ONE BOX LEFT!)
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