“He then went on to send the good sheriff an email asking what law they were using to deny him his right to carry…”
What happens when you have an honest sheriff concerned with enforcing the law without infringing unnecessarily on citizens’ rights and a judge that’s telling the sheriff to break the law? You get a showdown like the one happening right now in Florida between Sarasota County Sheriff Tom Knight and 12th Judicial Circuit Chief Judge Charles Williams.
The good sheriff was providing visitor screenings to the Clerk of Court’s office, along with several other offices that are not courtrooms. When Senator Greg Steube from Sarasota, a staunch supporter of the 2nd Amendment, tried to enter the Clerk of the Court’s office, he was stopped by private security and a sheriff’s deputy because he was carrying a concealed firearm. Senator Steube has a valid concealed carry license and was carrying legally. When he asked why he was not allowed to enter with his licensed concealed firearm, security replied that it was a “government” building. Senator Steube is one of those lawmakers who just happens to know the firearms laws in the state really well, as he has submitted multiple bills this year to expand them. He tried to explain to the sheriff’s deputy that “government” buildings are not one of the prohibited places listed in Florida’s Concealed Carry Law. He then went on to send the good sheriff an email asking which law they were using to deny him his right to carry.
This, of course, triggered a review of the laws. The Sheriff’s Department Counsel found that not only is it legal to carry in these places, but it is also against the law to restrict the free movement of licensed concealed carriers. Under Florida Law, any public official who creates firearms regulations other than those already approved are subject to a $5000 fine (to be paid by the person, not the agency) and possible removal from office. This got the sheriff’s attention; he pulled all of his deputies and security from the non-courtroom areas where they had been previously stationed. This seems to have angered the chief judge, who sent a very short letter attached to an administrative order giving the sheriff until 5:00pm on Monday to comply with stated requirements.
Now, this puts the sheriff in a slight predicament. He either obeys the judge’s unlawful order or he sticks to his guns and upholds the Constitution to which he swore. Which would you pick? I know what I would do.
This story is part of a much bigger issue frequently discussed in the media. This country was founded on a three-part system of government, made up of the legislative, executive, and judicial branches. These powers were designed to create a system of checks and balances, and the separation of these powers is what is supposed to make our system work so well. Judges don’t make laws or rules; they apply them to individual cases brought before them. The legislature writes the laws.
We need to remind our judges that their job is not to create new rules or laws. Their job is to preside over cases and run courtrooms, not tell our elected law enforcement officials what they will and will not do.
Chris Wagoner is a Senior OpsLens Contributor and U.S. Army Veteran. He has been in law enforcement the last 35+ years. He specializes in LE Firearms Instruction, and is in charge of a large Police Academy in North Florida. In his spare time Chris is a freelance Military Reporter and owner/founder of the Largest Military Videos Channel on YouTube “3rdID8487”.
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