Sheriff’s name appears with others eschewing more federal dictates.

Jan. 28, 2013 10:39 PM,
Written by
Marisa Kendall

Lee County Sheriff Mike Scott has joined a growing list of sheriffs across the country fighting back against the prospect of increased federal gun control.

The Constitutional Sheriffs and Peace Officers Association has started a list of sheriffs from across the country who oppose new gun restrictions. There were 90 names on the organization’s website Monday night, but founder Richard Mack, a former Arizona sheriff, said more than 200 sheriffs have voiced their support. Scott is number 57 on the online list.

“The right of the people to keep and bear arms should not be infringed,” Mack said. “And quite frankly, gun control in America is against the law.”

Mack said many of the sheriffs on the list have vowed they will not enforce federal gun regulations if they become law. President Barack Obama has voiced his support for increased gun control following a shooting in Newtown, Conn., last month that left 20 elementary school students and six school staff members dead. U.S. Sen. Dianne Feinstein, D-Calif., has proposed a ban on certain high-capacity weapons.

Mack said sheriffs made it onto his pro-gun list by calling the organization or writing letters of support, or because they made Facebook posts or public comments opposing gun control. He said he wasn’t sure how Scott’s name ended up on the list. No one has asked to be removed from the list, Mack said.

The Lee County Sheriff’s Office on Monday said Scott does wish to be on the list — if he didn’t, he would have called the organization to complain. The sheriff’s office would not comment on whether Scott’s place on the list means he would refuse to enforce new federal gun laws. Scott has not commented to The News-Press since Feb. 29.

When a sheriff is sworn into office, he or she vows to support, protect and defend the U.S. Constitution and government, and the Florida Constitution. Mack said that oath obligates sheriffs to stand against gun control, because gun control laws violate the Second Amendment.

Pamella Seay, chair of the justice studies department of FGCU, said upholding the Constitution could have a different meaning. The Second Amendment provides the right to bear arms, but it comes with certain restrictions county sheriffs are obligated to uphold, she said. If a sheriff does not uphold federal law, Seay said the conflict would probably lead to an indictment or a civil prosecution. That’s probably what the sheriffs resisting gun control want, she said.

“Because that way they’ll be able to challenge it in court and have a judge make that decision,” Seay said. “When politicians make decisions it doesn’t always follow that they are going by what the law says.”

Mack said he hopes the sheriffs’ stance will cause Congress to rethink passing any gun control legislation.

“We want people to know that their rights are secured,” he said, “and there’s at least somebody in their county who’s on their side.”

Collier County Sheriff Kevin Rambosk was unavailable to comment on the list of sheriffs against gun control, according to spokeswoman Karie Partington. In an emailed statement, Rambosk said he believes the right to bear arms comes with great responsibility.

“I believe that all gun owners and operators should receive training in the proper and safe use of guns,” he said, “and that gun owners should take all appropriate actions to secure their weapons against being mishandled, stolen or put in the hands of children or others that may be incapable of safe use.”

Charlotte County Sheriff Bill Prummell declined comment on the list through spokesman Robert Carpenter.

“We’re just kind of waiting to see where the chips fall,” Carpenter said, “what we’re supposed to do.”

Bay County Sheriff Frank McKeithen ended up on the anti-gun control list because of a Facebook post, according to sheriff’s office spokeswoman Ruth Corley. In the post, McKeithen, said he does not take guns away from law-abiding citizens and would actively oppose any legislation that infringes upon the Second Amendment. The post had more 4,350 “likes” and almost 500 comments Monday.

Fort Myers Police Chief Doug Baker said there are other issues besides gun control that must be addressed before senseless violence will end, such as mental health, the economy and education. But what he thinks doesn’t matter in the long run, Baker said.

“I took the oath to uphold the Constitution,” he said, “I took the oath to uphold state statutes and city ordinances and my position does not allow me to pick and choose what Doug Baker thinks is important.”

 “Because that way they’ll be able to challenge it in court and have a judge make that decision,” Seay said. “When politicians make decisions it doesn’t always follow that they are going by what the law says.”

Mack said he hopes the sheriffs’ stance will cause Congress to rethink passing any gun control legislation.

“We want people to know that their rights are secured,” he said, “and there’s at least somebody in their county who’s on their side.”

Collier County Sheriff Kevin Rambosk was unavailable to comment on the list of sheriffs against gun control, according to spokeswoman Karie Partington. In an emailed statement, Rambosk said he believes the right to bear arms comes with great responsibility.

“I believe that all gun owners and operators should receive training in the proper and safe use of guns,” he said, “and that gun owners should take all appropriate actions to secure their weapons against being mishandled, stolen or put in the hands of children or others that may be incapable of safe use.”

Charlotte County Sheriff Bill Prummell declined comment on the list through spokesman Robert Carpenter.

“We’re just kind of waiting to see where the chips fall,” Carpenter said, “what we’re supposed to do.”

Bay County Sheriff Frank McKeithen ended up on the anti-gun control list because of a Facebook post, according to sheriff’s office spokeswoman Ruth Corley. In the post, McKeithen, said he does not take guns away from law-abiding citizens and would actively oppose any legislation that infringes upon the Second Amendment. The post had more 4,350 “likes” and almost 500 comments Monday.

Fort Myers Police Chief Doug Baker said there are other issues besides gun control that must be addressed before senseless violence will end, such as mental health, the economy and education. But what he thinks doesn’t matter in the long run, Baker said.

“I took the oath to uphold the Constitution,” he said, “I took the oath to uphold state statutes and city ordinances and my position does not allow me to pick and choose what Doug Baker thinks is important.”

Original story:http://www.news-press.com/article/20130129/NEWS01/301290024/1002/RSS01