By Terry Witt -Spotlight Senior Reporter
Two gun rights advocates asked Levy County Commissioners this week to consider adopting an ordinance that would strengthen the right to bear arms by refusing to use county resources and employees to enforce federal gun laws.
The ordinance language doesn’t specifically mention the Second Amendment but it would give the county commission authority through its Home Rule Power to block any of its employees, agencies, funds, or resources from supporting any law, arising out of federal law, that limits or affects the rights of Levy County citizens to bear arms.
The recommended language states:
“No funds, resources, employees, agencies, contractors, buildings, detention centers or officers of Levy County may be appropriated for the purpose of enforcing any law, arising under federal law, which limits or affects the rights of the citizens of Levy County to keep and bear arms.”
David Graham and Luis Valdez, a police officer in Miami for 15 years and Florida State Director for Gun Owners of America, said the Levy County Commission’s adoption of a resolution on Feb. 16, 2021, creating a county sanctuary for the 1st Amendment, 2nd Amendment, 4th Amendment and 10th Amendment rights under the U.S. Constitution is largely symbolic.
They said the ordinance they are proposing would be much stronger and offer far more gun rights protection than the county’s sanctuary resolution. The county commission adopted its sanctuary resolution at the request of resident Duane Schwingel who wanted an ordinance adopted. He felt an ordinance would have been stronger than a resolution. Commissioners adopted a resolution instead.
Spotlight Founder Linda Cooper stood before commissioners after Graham and Valdez finished their presentation and urged the board to commit to studying the ordinance proposed by the gun rights advocates and return in a month or two with a finished ordinance that would protect gun owner rights under the Second Amendment.
“We know we are under siege by this present (Biden) Administration. They’re doing everything they can to restrict our gun rights, so as a board I want some commitment from you and not just ignore this. I don’t mean you will, but after a month or two months after you’ve done some research legally and with the sheriff, report back to us. We would like to have this. It sounds excellent on the surface. I want you to come back to us and let us know what our options are because we’re being invaded – you got Alachua County, you got Marion County; you got South Florida all coming here with their liberal views. They want to take away all of our gun rights. I would like you as a board to look into this and come back to us with an ordinance and don’t just look at this and say, good idea, we’ll get back with you on this, or maybe we won’t. I think it’s an important issue. Those of us in Levy County feel very strongly about this and as a board you represent us. I would like to see some action on this.”
Cooper said if she doesn’t hear back from the board in a month or two, she will bring the issue back to the board to ask for a progress report on the ordinance.
Commission Chairman John Meek postponed a decision.
“This is the first we’ve heard of it. I don’t know if we’re in a position to make a decision now. I’ve made a note myself for future consideration,” he said.
Graham said he attended high school in Chiefland and attended church in Otter Creek. He was baptized Catholic. He said he has fished in Cedar Key.
“I Ieft home years ago, I haven’t been back. Levy County is in my thoughts often and always in my prayers,” he said. “I am asking you to take under deliberation an ordinance to strengthen your sanctuary resolution. I read it. It’s well written. You did an excellent job. Unfortunately, it does not have the strength I would hope it would.
Valdez said the Florida Legislature adopted Senate Bill 1884 in 2021 that makes any local ordinance violating the Second Amendment a criminal offense in Florida. Gun Owners of America (GOA) backed the legislation.
“As a gun rights organization we firmly backed that bill but we want to make sure municipalities and county governments here in Florida don’t get in trouble with that. We actually want to help you guys,” Valdez said.
In 2011, Valdez said the Florida Legislature adopted a law that preempted and severely restricted local governments’ right to regulate firearms. The Legislature declared that all firearms regulation in Florida is under the sole control of the state. This includes purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation of firearms. All municipal ordinances or administrative regulations are preempted by the state’s authority in the field of gun regulation and gun ownership.
Graham said Senate Bill 1884 goes even further by preempting any written or unwritten firearms regulations from local governments. He said it can lead to lawsuits against local governments that try to regulate firearms in some form or fashion. He said he believes the ordinance he is asking commissioners to adopt is well within its authority and doesn’t interfere with the state’s control of firearms regulation.
“I don’t want to make this a political discussion but I think it’s worth understanding just how adverse the current administration (Biden Administration) is to Second Amendment rights,” Graham said.
Graham said the most troubling incident occurred in Rhode Island not long ago. A man in that state was perceived by local police as being mentally ill. He was removed from his home. Police broke into his house and took his guns after he was removed.
“This ultimately made it up to the U.S. Supreme Court and in a 9-0 decision the Court held that this was an unconstitutional act that violated his 4th Amendment rights,” Graham said. “The problem I have is not with Rhode Island. They did that, and whatever they thought, they thought. The problem I have is that this current administration thought it was the perfect case to fight. They came out and said they were disappointed by the position of the Supreme Court. They supported Rhode Island’s actions and Rhode Island, and they thought Rhode Island’s actions were constitutional. This is very concerning to me.”
Graham showed commissioners and the audience a photograph of a Florida state police officer participating in the Frontline program. ATF makes use of local and state police “to enforce their agenda,” he said. The jacket the man was wearing said “state task force officer.”
“What that means is he’s a state-level officer that’s been deputized,” Graham said. “It’s all about using state and local resources to enforce their agenda. They are setting these up all over the country.”
He said the use of local resources to serve a federal agenda can violate Second Amendment rights.
“If they are asking your county clerk to get them things, or if they’re asking your law enforcement to, is that a violation of Second Amendment rights?” he said. “I think the better approach is federalism. The federal government does their thing, Levy County does theirs.”
“At the end of the day, it (the proposed ordinance) says we’re not going to use Levy County resources to enforce federal gun laws. Levy County has a more than capable sheriff’s department. The State of Florida has adequate laws to attack gun violence. We don’t need to adopt federal statutes to keep the peace in Levy County. We don’t need to put our officers and county employees in a position when they have to decide on the spot if something violates the Second Amendment or not.”
As for refusing to provide county resources to assist the federal government with enacting their gun laws, he said the State of Pennsylvania, before the start of the Civil War, refused to enforce the Fugitive Slave Act when slavery was legal in the South.
“They said they will not enforce the Fugitive Slave Act. They will not use their resources. They will not use the court system. They won’t use their bailiffs. They won’t spend Pennsylvania funds,” Graham said. “The Second Amendment is controversial for many people. Remember the U.S. Constitution doesn’t grant rights. The Constitution simply lists rights, the rights to freedom of speech, the rights to our religion, the right to be secure in our home and our person. “Many of our Levy County residents are GOA members. We believe the Second Amendment is an important civil right and we simply are asking you to do the best thing you can do for your citizens. Pennsylvania, prior to the Civil War, stood up and said no; I want Levy County to stand up to the federal government and say no. I want Levy County to stand up and say no, we’re defending the Second Amendment.”
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Board of County Commission Regular meeting July 20, 2021; Posted July 25, 2021
