draft: Second Amendment Preservation Resolutions

Notes for Officials:

There are 3 sample DRAFT resolutions of varying intensity for your consideration below:

1. VERSION 1:  prohibiting use of any county resources to enforce 2013 Maryland & Federal gun laws.

2. VERSION 2: declaring new (2013) Maryland & Federal gun laws null and void.

3.  VERSION 3: of absolute non-compliance with all Maryland & Federal gun laws that impinge on the Second Amendment protections of citizens.

Additionally. there are 7 amendments you may include with any of these resolutions depending on preferences of your fellow officials.

How to create your draft resolution:

  1. Use the Preamble as the beginning of preferred VERSION, with any changes you choose to make;
  2. Select one of the three Non-Compliance Resolutions you choose to use, along with any changes you choose to make;
  3. Add any amendments you choose.
  4. If organized as a Charter form of government, simply change the word “commissioner” to “county council persons”, and include a signature line for the County Executive.

 

Preamble

We, the People of the State of Maryland, grateful to Almighty God

for our civil and religious liberty… (Maryland Constitution)

 

We, the undersigned, in order to preserve the blessings of liberty to ourselves and our posterity, recognize that it is our duty to be ever mindful that our civil government exercises its just and lawful authority subject to the moral law of Almighty God and that all powers granted to civil government are derived through the people and are for the sole purpose of protecting and defending the rights which have been given the people by God, as part of His Created Order;

And further recognizing that it is the natural tendency of civil government to expand beyond the limits of its rightful charter and to usurp authority and power which have not been authorized to it by God nor delegated to it by the consent of the governed, therefore, it is the duty of the people, through the agency of the lesser magistrate (local elected officials and sheriffs), to resist the civil government when and where it exceeds its authority and to remind overstepping officials thereof from whence their just powers devolve and the limits to which they may extend;

And further recognizing that we, as elected officials, bound by sworn oath to uphold and defend the Constitution of these States-united, and the State of Maryland which constrain and limit the authority of the civil government;

And whereas Article 2 of the Maryland Declaration of Rights affirms,

The Constitution of the United States, and the Laws made, or which shall be made, in pursuance thereof, and all Treaties made, or which shall be made, under the authority of the United States, are, and shall be the Supreme Law of the State; and the Judges of this State, and all the People of this State, are, and shall be bound thereby; anything in the Constitution or Law of this State to the contrary notwithstanding.

And whereas Article 6 of the Maryland Declaration of Rights affirms,

That all persons invested with the Legislative or Executive powers of Government are the Trustees of the Public, and, as such, accountable for their conduct: Wherefore, whenever the ends of Government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the People may, and of right ought, to reform the old, or establish a new Government; the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish and destructive of the good and happiness of mankind.

And whereas, John Adams wrote, “[You have Rights] antecedent to all earthly governments: Rights, that cannot be repealed or restrained by human laws; Rights, derived from the Great Legislator of the universe.”

And whereas, Thomas Jefferson affirmed, “[w]henever our affairs go obviously wrong, the good sense of the people will interpose and set them to rights.” And he further declared, “[w]hat country can preserve its liberties if its rulers are not warned from time to time that their people preserve the spirit of resistance?”

Whereas Alexander Hamilton-  in Federalist Paper #78- states, “…No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.”

“Their swords, and every other terrible instrument of the soldier, are the birth right of an American. … The unlimited power of the sword is not in the hands of either the federal or the state governments, but, where I trust in God it will ever remain, in the hands of the people.” — Tench Coxe, noted federalist and friend of James Madison, writing in defense of the proposed Constitution, in the Pennsylvania Gazette, Feb. 20, 1788

Now, by the authority granted us by the people of Maryland to stand and defend their God-given rights and liberties, which are guaranteed by the U.S. and Maryland Constitutions, we hereby declare as follows:

VERSION 1.1: Second Amendment Preservation Resolution prohibiting use of county resources to enforce 2013 Maryland & Federal gun laws.

WHEREAS, the Constitution of the United States is the foundation of our nation’s rights and freedom, and the basis of our Constitutional Republic; and

WHEREAS, the Board of ________ County Commissioners has pledged to protect its citizens’ Constitutional rights, and has a history of protecting its residents’ civil rights and liberties.  ;

Whereas, the Supreme Court in the Heller decision determined the right to keep and bear arms is unconnected to any service in a militia;

Whereas the Supreme Court, in the Miller vs. United States decision opined weapons of reasonably common use to those used in the military were subject to protection by the Second Amendment;

Whereas the undersigned Commissioners took an oath to support the United States and Maryland Constitutions;

Therefore, the Commissioners of _____________ County herein resolve, and affirm this resolution, which shall be known and may be cited as the “Second Amendment Preservation Resolution” for purposes of designating ________ County a Second Amendment Sanctuary County, by preventing any and all incremental federal and State infringement(s) on the right to keep and bear arms beyond those that existed on or before the date of _____ __, 2013; and herein affirm no ________ County government funds, resource, employee, agency, contractor, building, detention center, or office may be used for purposes of enforcing any element of any gun bill passed by Annapolis on or after April 8, 2013.

Notwithstanding the above this Resolution is not intended to negate provisions of new gun laws that would (a) prohibit the sale or possession of weapons by felons; (b) prohibit the sale of possession of weapons by individuals with a history of dangerous mental illness or who have been adjudicated mentally ill; or (c) require reasonable safety training, provided training is readily available; timely;  and reasonably affordable.

<Insert amendments here>

Resolved this ___ day of _________, 2013.

Board of Commissioners of ____________ County, Maryland

###

 

VERSION 2.1: Second Amendment Preservation Resolution declaring incremental Maryland and Federal 2013 gun legislation null & void and in violation of the Second Amendment

WHEREAS, the Constitution of the United States is the foundation of our nation’s rights and freedom, and the basis of our Constitutional Republic; and

WHEREAS, the Board of ________ County Commissioners has pledged to protect its citizens’ Constitutional rights, and has a history of protecting its residents’ civil rights and liberties.  ;

Whereas, the Supreme Court in the Heller decision determined the right to keep and bear arms is unconnected to any service in a militia;

Whereas the Supreme Court, in the Miller vs. United States decision opined weapons of reasonably common use to those used in the military were subject to protection by the Second Amendment;

Whereas the undersigned Commissioners took an oath to support the United States and Maryland Constitutions;

Therefore, the Commissioners of _____________ County herein resolve, and affirm this resolution, which shall be known and may be cited as the “Second Amendment Preservation Resolution” for purposes of  designating _______ County a Second Amendment Sanctuary County, by preventing any and all incremental federal and State infringement(s) on the right to keep and bear arms beyond those that existed on or before the date of April 7, 2013; and herein declare null and void in the County of ________, located in the State of Maryland any and all additional restrictions or regulations that inhibit, reduce, or impinge on our citizens’ Second Amendment protections, and herein declare null and void any and all such incremental pretended legislation related to:

1) Registration requirements of existing lawfully owned weapons, except those that are fully automatic;

2) Prohibitions, regulations, and/or incremental use, storage, and transportation restrictions related to non-fully automatic weapons, including semi-automatic handguns or rifles, and including semi-automatic weapons that have appearance characteristics similar to fully automatic weapons and/or “assault” weapons;

3) Prohibitions limiting magazine capacity, clip capacity, internal capacity, or types of ammunition available for sale, possession, or use.

4) Registration and background check requirements beyond those customarily required at time of purchase.

5) Restrictions prohibiting the carrying of weapons by licensed individuals into churches, religious institutions, theatres, and government buildings.

The Commissioners herein affirm no ________ County government funds, resource, employee, agency, contractor, building, detention center, or office may be used for purposes of enforcing any element of any gun bill passed by Annapolis on or after April 8, 2013.

Notwithstanding the above this Resolution is not intended to negate provisions of new gun laws that would (a) prohibit the sale or possession of weapons by felons; (b) prohibit the sale of possession of weapons by individuals with a history of dangerous mental illness or who have been adjudicated mentally ill; or (c) require reasonable safety training, provided training is readily available; timely;  and reasonably affordable.

<Insert amendments here>

Resolved this ___ day of _________, 2013.

Board of Commissioners of ____________ County, Maryland

 

###

VERSION 3.1: Second Amendment Preservation Resolution declaring all Maryland and Federal gun legislation null & void and in violation of the Second Amendment

WHEREAS, the Constitution of the United States is the foundation of our nation’s rights and freedom, and the basis of our Constitutional Republic; and

WHEREAS, the Board of ________ County Commissioners has pledged to protect its citizens’ Constitutional rights, and has a history of protecting its residents’ civil rights and liberties.

Whereas, the Supreme Court in the Heller decision determined the right to keep and bear arms is unconnected to any service in a militia;

Whereas the Supreme Court, in the Miller vs. United States decision opined weapons of reasonably common use to those used in the military were subject to protection by the Second Amendment;

Whereas the undersigned Commissioners took an oath to support the United States and Maryland Constitutions;

Therefore, the Commissioners of _____________ County herein resolve, and affirm this resolution, which shall be known and may be cited as the “Second Amendment Preservation Resolution” by designating ________ County a Second Amendment Sanctuary County, for purposes of preventing any and all federal and State infringement(s) on the right to keep and bear arms; and herein declare null and void in the County of _______, located in the State of Maryland all restrictions or regulations that inhibit, reduce, or impinge on our citizens’ Second Amendment protections, and herein declare null and void any and all such requirements related to:

1)    Registration requirements of existing lawfully owned weapons;

2)    Prohibitions, regulations, and/or use restrictions related to ownership of non-fully automatic weapons, including semi-automatic handguns or rifles, and including semi-automatic weapons that have appearance characteristics similar to fully automatic weapons and/or “assault style” weapons;

3)     Prohibitions limiting magazine capacity, clip capacity, internal capacity, or types of ammunition available for sale, possession, or use.

4)    Registration and background check requirements beyond those customarily required at time of purchase.

5)    Restrictions prohibiting the carry of lawfully owned weapons by law abiding citizens.

Notwithstanding the above this Resolution is not intended to negate provisions of gun laws that would (a) prohibit the sale or possession of weapons by felons; (b) prohibit the sale of possession of weapons by individuals with a history of dangerous mental illness or who have been adjudicated mentally ill; or (c) require reasonable safety training, provided training is readily available; timely;  and reasonably affordable.

<Insert amendments here>

Resolved this ___ day of _________, 2013

Board of Commissioners of ____________ County, Maryland

###

 

DRAFT AMENDMENTS FOR INCORPORATION INTO ANY OF THE ABOVE DRAFT RESOLUTIONS

Draft Amendment #1: Be it further resolved the Commissioners of _______ County, Maryland herein affirm their support to the duly elected sheriff of _______ County, Maryland that we herein support any and all reasonable measures of interposition our sheriff deems appropriate in defense of our citizens’ Second Amendment protections as guaranteed under the United States Constitution.

Draft Amendment #2 v1.1: 

•Be it further resolved, the Commissioners of _______ County, Maryland hereinand affirm their support for the duly elected states attorney of _________ County, Maryland, and affirm their resolve that no law abiding citizen shall be prosecuted for non-compliance with regulations under the 2013 Firearms Safety Act, unless used to commit a crime of violence, or a violent act.

Draft Amendment #3 v1.1:

•Be it further resolved,  the Commissioners of _______ County, Maryland herein affirm all law abiding adult citizens may apply for status with the local sheriff as “reserve deputies,” with the requirement they can legally possess firearms, magazines, and accessories akin to those used by local/state/federal law enforcement officers, but excluding fully automatic weapons.   Upon being sworn as a “reserve deputy” by the Sheriff, reserve deputies may, for reasonable and customary charges receive training and qualification from the Office of the Sheriff, and may practice at an official reserve county range.  All government owned shooting ranges within the County are herein designated official “reserve deputy” training ranges that may be used for practice and training.   All privately owned ranges may designate themselves as official “reserve deputy” ranges simply by posting a sign 24×36” conspicuously upon their premises stating they are an “Official Reserve Deputy Range.”

Draft Amendment #4 v1.1: Be it further resolved the Commissioners of _______ County, Maryland herein affirm their support for the Sheriff to create a “Law Enforcement Officer Supply Depot” within his/her offices, with the provision it be managed, stocked, and staffed by a business owner that has a Federal Firearms License.  This depot shall be used to provide magazines of all capacities and ammunition to Reserve Deputies for practice, training, and eventual performance of their duties, at competitive market prices.

Draft Amendment #5: Be it further resolved the Commissioners of _______ County, Maryland herein affirm the rights of ________ County citizens to receive State sponsored licenses, concealed carry permits, and renewals in a timely manner.   In the event the State fails to issue or renew a valid license or permit application within the specified code or statutory period for reasons other than valid disqualifying criteria, the citizen, or FFL dealer shall provide reasonable evidence to the Sheriff that said permit or renewal is not being processed according to the time limits prescribed by State Law, and the Sheriff may issue an interim permit or license valid for an initial period of 1 year, but renewable at the discretion of the local Sheriff. This permit shall be valid only within __________ County, and other counties that sign reciprocity agreements.

Draft Amendment #6 Reciprocity Agreement (Separate Document): Be it further resolved the Commissioners of _______ County, Maryland herein affirm the rights of ________ County Carroll County citizens to keep and bear arms, and herein agree to recognize county weapons and firearms permits, licenses, and carry permits issued by the Sheriff of  <other>  County.

<Other> county herein agrees to recognize weapons & firearms permits, licenses, and carry permits issued by  ___________ County.

Draft Amendment #7 Jury Nullification briefing: Be it further resolved the Commissioners of _______ County, Maryland herein affirm their firm beliefs that all persons serving on a jury should receive a briefing or handout on matters related to jury nullification by the judicial branch prior to service on any jury.  Notwithstanding this belief, the Board recognizes that the ultimate decision on this matter rests with the Judicial Branch of government.

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 To see the Q&A about Nullification, click here.

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  1. [...] at the convention and its key addition to the political landscape is ready for adoption. The “Draft Resolution of Non-Compliance” is designed for counties whose residents believe the Second Amendment to the Constitution [...]

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