On June 11, 2013 Caroline County, Maryland passed a resolution opposing the Maryland Firearms Safety Act of 2013. We only recently learned of this resolution. It actually contains many of the same clauses that our other Second Amendment Sanctuary resolutions have so we are going to include it on this site.
Verification Citation/Source: Caroline County, MD County Commission
Resolution date passed: 11 Jun 2013
Vote Count: Unanimous
RESOLUTION #2013-021
OPPOSITION TO MARYLAND FIREARMS SAFETY ACT OF 2013
WHEREAS, the Second Amendment was adopted in 1791 as part of the United States Bill of Rights; and
WHEREAS, the Second Amendment to the United States Constitution protects the inalienable and individual right of the people to keep and bear arms; and
WHEREAS, the Maryland General Assembly has enacted the “Maryland Firearms Safety Act of 2013” (MESA) which bans the sale of forty-five types of rifles and magazines in common use and requires law abiding citizens to submit to licensing fees, background checks, fingerprinting, safety training and renewal fees; and
WHEREAS, the County Commissioners of Caroline County (the “Commissioners”) believe that the MFSA contains sections which may be unconstitutional and the Commissioners should continue to analyze additional actions possible to protect the rights of the citizens of Caroline County to keep and bear arms under the Second Amendment; and
WHEREAS, the Commissioners took an oath of office to support and defend the United States Constitution; and
WHEREAS, it is the desire of the Commissioners to declare their support of the Second Amendment to the United States Constitution and the Maryland Constitution protecting citizens’ inalienable and individual right to keep and bear arms.
NOW, THEREFORE, IT IS RESOLVED BY THE COUNTY COMMISSIONERS OF CAROLINE COUNTY, MARYLAND, that it is the opinion of the Commissioners that sections of the Maryland Firearms Safety Act of 2013 may be in violation of the Second Amendment to the United States Constitution; and
BE IT FURTHER RESOLVED, that the Commissioners recommend that no Caroline County government funds, resources, employees, or facilities be used for the purpose of enforcing any restriction or regulation that would inhibit, reduce, or impinge on the Second Amendment rights of the County’s law-abiding citizens; and
BE IT FURTHER RESOLVED, that the Commissioners affirm their support for the duly elected Sheriff of Caroline County, Maryland, in the exercise of the duties of his office and affirms its resolve to support decisions by our Sheriff in the discretion, enforcement of the MFSA against any citizen, unless an individual is engaged in the commission of a crime of violence, a violent act, has otherwise been convicted of a prior felony, adjudicated with a dangerous mental illness or under any other related compelling exigent circumstances; and
BE IT FURTHER RESOLVED, that the Commissioners affirm their support for the duly elected State’s Attorney of Caroline County, Maryland, in the exercise of the duties of his office and affirms its resolve to support decisions by our State’s Attorney, should he refuse to prosecute or chooses to nolle prosse charges against any otherwise law abiding citizen detained for noncompliance with regulations under the MFSA unless an individual is engaged in the commission of a crime of violence, a violent act, has otherwise been convicted of a prior felony, adjudicated with a dangerous mental illness, or other related compelling exigent circumstances; and
BE IT FURTHER RESOLVED, that notwithstanding the above, this Resolution is not intended to and does not negate provisions of MFSA that would (a) prohibit the sale to or possession of firearms by felons; (b) prohibit the sale or possession of firearms by individuals with a history of dangerous mental illness or who have been adjudicated mentally ill; (c) habitual drunkards; or (d) require reasonable safety training, provided said training is readily available; timely; and affordable.
