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A Model Second Amendment Resolution for Counties

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Note:  This Resolution was written for Virginia Counties and quotes from Virginia’s State Constitution.

If you would like me to address your State Constitution, email me at [email protected]

Please note:  I reason from First Principles set forth in our two Founding Documents.

WHEREAS, our Declaration of Independence is the Fundamental Act of our Founding and part of the Organic Law of our Land and recognizes that our Rights come from the Creator God; and that among these Rights is the Right of self-defense; and

WHEREAS, our Declaration of Independence recognizes that the purpose of government is to secure the Rights God gave us; and

WHEREAS, the Constitution of the United States is one of enumerated powers only; and WE THE PEOPLE did not grant to the federal government any power whatsoever over the Country at Large to restrict our arms; and

WHEREAS, the Second Amendment of the Constitution of the United States acknowledges: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”; and

WHEREAS, Article I, §13 of the Constitution of the State of Virginia acknowledges: “That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed;…”

NOW THEREFOR, BE IT RESOLVED:

1. That all federal laws, regulations, judicial opinions, and other edicts for the Country at Large which pretend to restrict THE PEOPLES’ arms in any fashion whatsoever are unlawful as in violation of our Declaration of Independence; and are unconstitutional as outside the scope of powers granted to the federal government in the Constitution of the United States; and as in violation of the Second Amendment; and

2. That all State laws, regulations, judicial opinions, and other edicts purporting to apply to the State at Large which pretend to restrict THE PEOPLES’ arms in any fashion whatsoever are unlawful as in violation of our Declaration of Independence; and are unconstitutional as in violation of Article I, §8, clauses 15 and 16 of the Constitution of the United States [those clauses permitting the Congress to require Citizens of the States to be armed and trained]; as in violation of the Second Amendment of the Constitution of the United States; and as in violation of Article I, §13 of the Constitution of the State of Virginia.

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AND BE IT FURTHER RESOLVED by the _____________ County Board of Supervisors that the Board intends to vigorously uphold the Right of the Citizens to be armed; and in addition thereto intends at subsequent times and dates to adopt the following measures:

1. Funding for weapons training for Citizens residing in this County, including firearms safety training in ______________ County public schools;

2. Provisions to eliminate funding for enforcement of any pretended laws, regulations, judicial opinions, or other edicts which violate our Declaration of Independence and any of the above-described federal or state constitutional provisions; and

3. Other provisions as the Board may deem necessary or appropriate for the purposes stated above.

It is so RESOLVED, this ________ day of _____________, 2020.

Signatures, etc.

Notes:

1. The use of the term, “for the Country at Large”, with respect to federal edicts; and “to the State at Large”, with respect to State edicts, is not accidental.

While our US Constitution delegates only “enumerated powers” to Congress over the Country at Large; it delegates “general legislative powers” to Congress over the federal enclaves listed at Article I, §8, cl. 17. The exercise by Congress of its legislative powers over the federal enclaves is restricted by the “Bill of Rights”, including the Second Amendment.  So while Congress is prohibited from making for these federal enclaves, any laws which infringe the Right of The People “to keep and bear Arms”; Congress may properly require individuals visiting inmates in federal prisons, the psych ward of military hospitals, the mint, federal courthouses, and other such federal enclaves, to leave their arms in their vehicles.

In stark contrast with the federal Constitution, State Constitutions typically [and foolishly] grant “general legislative powers” over the State at Large to the State legislature. The exercise of these general legislative powers is restricted only by the Declaration of Rights in the State Constitution [as well as by contradictory provisions in the US Constitution].

So while State Legislatures are prohibited from infringing the Rights of Citizens to keep and bear arms throughout the State at Large; State Legislatures may properly require individuals visiting inmates in State or County prisons or jails, County or State courthouses, and such like, to leave their arms in their vehicles.

2. And remember!  That any provision in any State Constitution which purports to disarm the Citizens of the State would be unconstitutional as in violation of the Second Amendment, and as in violation of Article I, §8, clauses 15 & 16, US Constit., which provide for the organizing, arming and training of the Militia.  Since Congress has the power to require Citizens to be armed and trained [and Congress exercised that power when it passed the Militia Act of 1792 link], any provision in any State Constitution [or State statute] which interferes with such power is unconstitutional within the meaning of the Supremacy Clause (Art. VI, cl. 2, US Constit.).

3.  And here are Michael Boldin’s (Tenth Amendment Center) kind words on this Resolution:

Thank you, Michael!

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Article posted with permission from Publius Huldah

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