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President Obama has given his comic sidekick the task of pushing gun control measures through Congress. Democrats and some liberal Republicans are calling for more gun control after the tragic shootings at Sandy Hook Elementary School. Some state and municipal politicians, like the #1 anti-gun person in the nation – New York Mayor Michael Bloomberg, are also calling for more control.
But did you know that no matter what gun control laws are passed by the federal government, they can only be enforced in your area if your county sheriff allows them to be.
Most people, including politicians fail to realize that the ultimate legal authorities in the land are the county sheriffs. This was established from the time of the Founding Fathers and upheld by the US Supreme Court in the 1997 case of Printz v. United States. Initially, the case was Mack v. United States, but by the time it reached the Supreme Court it was renamed.
Mark, actually Federal preemption of State gun laws is very uncommon. However, it is the State laws which preempts the local Sheriff from not enforcing the State gun control laws. The Sheriff must enforce State gun control laws when under preemption of the State.
790.33Field of regulation of firearms and ammunition preempted.—
(1)PREEMPTION.—Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void.
(2)POLICY AND INTENT.—
(a)It is the intent of this section to provide uniform firearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof; to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition, or components thereof unless specifically authorized by this section or general law; and to require local jurisdictions to enforce state firearms laws.
California expressly preempts local governments from regulating in the areas of registration or licensing of firearms; manufacture, sale or possession of imitation firearms; and licensing or permitting with respect to the purchase, ownership, possession or carrying of a concealable firearm in the home or place of business.
My State of Florida has gifted it's jurisdiction for gun control over to the Federal government. This blocks any effort of the Sheriff to block any Federal gun control.
While Sheriff Bosenko could uphold his oath to support and defend the Constitution (Bill of Rights and second amendment included), historical behavior and decisions preclude any hope that he would stand in the way of Federal gun laws. Since he will be up for re-election next year, it would be prudent to consider retiring the current Sheriff, since he will not be running unopposed.