Governor Arrests Florida Sheriff for Defending Right to Bear Arms

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Nick FinchLast week, Liberty County Florida Sheriff, Nick Finch was arrested by Governor Rick Scott for standing in defense of the Constitution and honoring his oath of office.  Sheriff Finch believes the Second Amendment means what it says, our Right to keep and bear arms SHALL NOT BE INFRINGED.  What Sheriff Finch did was well within his authority and in full compliance with the rules and regulations for records retention and destruction.  What Sheriff Finch did was stand in the gap where the government is trying to erode your Liberty.

Sheriff Finch made the decision to not pursue a charge against Floyd Parish; well within the authority of the Sheriff to do.  Upon making that decision, Sheriff Finch removed Parish’s file from the records and removed his name from the jail log.  Well within his authority; The General Records Schedule for Law Enforcement, Correctional Facilities, and District Medical Examiners outlines this authority.


This record series documents each adult and juvenile arrested. The records provide such information as complete name; alias or nickname; residence; sex; age; date of birth; place of birth; height; weight; color of hair; color of eyes; complexion; race; date of arrest and/or offense; offense committed; car make, year, license number, and state; occupation; habits; name of closest relative or friends; scars, marks, or tattoos; any abnormalities; and special remarks. The juvenile records may also include parent(s) or guardian’s name(s), telephone number(s), and occupation(s). If the arrest results in an investigation, the record should be filed with the applicable Criminal Investigative Records item. See also “CRIMINAL INVESTIGATIVE RECORDS” items, “CRIMINAL HISTORY SUMMARY RECORDS/RAP SHEETS,” and “MASTER NAME INDEXES.”


a) Record copy. Retain until obsolete, superseded, or administrative value is lost.

b) Duplicates. Retain until obsolete, superseded, or administrative value is lost.

You see, when Sheriff Finch used his proper authority to not pursue charges against Mr. Parish, the records pertaining to his arrest lost their “administrative value.”  Sheriff Finch, by this Florida Regulation was within his authority to destroy this record. 

The arrest affidavit of Sheriff Finch gives a pretty detailed account of what took place.  But the arrest affidavit NEVER mentions Parish being booked into custody.  Being placed in a jail cell is not being booked.  If the arrest affidavit is accurate, and we have to trust it to be as it was given under oath, then Parish was never booked so the log that contained his name was in error and the Sheriff’s office also had full authority to white out his name and make space for someone who was actually booked into the jail.

Sheriff Finch never broke a law and never even violated a regulation.  So what is he being accused of doing?

The arrest affidavit claims Sheriff Finch violated Florida Statute 838.022(1).  This statute reads:

F.S.838.022 (1): It is unlawful for a public servant, with corrupt intent to obtain a benefit for any person or to cause harm to another, to: (b): Conceal, cover up, destroy, mutilate, or alter any official record or official document or cause another person to perform such an act;

Is Governor Scott trying to tell us that when Sheriff Finch defended our Constitutionally protected Rights he was acting with “corrupt intent?”  Have we really come to the point in our country where honoring your oath to “support and defend the Constitution” and wanting to “secure the Blessings of Liberty to ourselves and our posterity” is a crime of corrupt intent?

Is Governor Scott trying to tell us that when Sheriff Finch stood in defense of our Constitutionally protected Rights he was conferring upon Mr. Parish a “benefit.”  The Second Amendment is NOT a benefit it is a RIGHT and the last time I checked it was called a Bill of Rights not a Bill of Benefits.

Do you think Sheriff Finch should just have shut up and enforced the law even knowing it is unconstitutional?  I hope not.  He took oath to support and defend the Constitution of the United States FIRST; not an oath to support and defend unconstitutional laws.  If you believe officers should simply enforce all the laws, regardless of their oath, then why in the world do they even take one?  Is it just a pleasant formality that looks good in a ceremony or does it actually mean something?  It is a man of honor who will stand for his word, even when it might be unpopular, even when it might hurt.  Sheriff Finch appears to be a man of such honor.  By the way, I can remember an incident in our recent history, where a Sheriff should have stood for what was right and what was constitutional.  Instead the Sheriff chose to simply enforce the law.  On that day, Rosa Parks was arrested for refusing to sit in the back of the bus. 

The Second Amendment clearly states our Right to keep and bear arms SHALL NOT BE INFRINGED!  Sheriff Finch believes in the Constitution.  He believes in his oath.

Sheriff Finch did nothing wrong.  He defended the Constitution.  He stood in the gap for us.  Now he’s being prosecuted for that.  It’s time to stand in the gap for him.  When our Sheriffs are toppled, then we are the last line of defense.

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  • Evie

    Hey conserves, thought Rick Scott was your man. I heard the unemployed had to wait months to get a check here. How much proof is needed both parties are one and the same!

  • Andy

    I think that the governor is using this as a lesson to other Sheriffs,that would follow along with what Colorado Sheriffs said that they would not enforce more gun control laws,to preempt any Sheriffs from rising up and saying that they would not enforce any new gun control laws in Florida.As far as Florida state law says,this proponent of Gun Rights,did nothing wrong.Lets put it another way,would a Judge be done this way,if he expunges someone’s record,that has shown that they have changed their ways,made a mistake,etc.,be arrested by the governor for the same type of infraction?I really doubt it,where does this abuse of power stop.Keep your powder dry.

  • Uzziel

    Why aren’t we shooting, yet?

  • The majority of the sheriffs here are mum on where they stand on gun rights and the Feds.Many like the new toys and money they are getting from DHS and love to dress up like thugs! Its sad really and things are only going to get worse all over,not just here!

  • Anonymous

    Government is just going to get bigger and more intrusive. We will mirror china in 15 years !!! Unless patriots do something about it. Buy lots of ammo…

  • Andy

    Going off on a tangent,this trial coming up against George Zimmerman is going to be a sham,first off the pictures we see on the media,the only ones released by Trayvon Martin’s parents,are of when he was younger,and not as fully grown as he was when he attacked Mr. Zimmerman.Plus he was in a fight club,which means he leans toward violence,plus the fact that he had been smoking pot also,I know that a lot of you will burn me on that one but it still is an illegal drug in Florida.I don’t think that Mr.Zimmerman can get a fair and unbiased trail in Sanford,Florida.Plus the authorities think that if Mr. Zimmerman happens to get acquitted by this show trial that there will be another “Rodney King”,riot and looting,but of course that would happen just because it would give them an excuse to do it.This trial is gonna be a miscarriage of justice for George Zimmerman,because he just protected himself from a thug.Keep your powder dry.

  • The arizona patriot

    So much Bullshit flyin around, Why do we not rally round this sheriff?? Fair trials are a joke. My powder stays dry with a .357 on my left hip in a cross draw and a .45 auto on my right. I am certainly not carrinng 1300 plus rounds of ammo either!!!


  • 1776

    Rick Scott is a Treasonous Oath-Breaking Traitor who must be Arrested, Tried & EXECUTED, immediately.