Carter Co. TN, Becomes Second Amendment Sanctuary

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On June 17th, 2019, the Carter County, Tennessee Board of County Commissioners voted to declare their county to be a Second Amendment Sanctuary. The vote was 22 Yay to 0 Nay with 2 Commissioners absent.

Verification Citation/Source: Carter County Board of County Commissioners
Resolution date passed: 17 Jun 2019



RESOLUTION

WHEREAS, the founders of this great country in establishing our government drafted the Constitution of the United States of America to provide a framework by which the citizens of this country could live and prosper free from fear and oppression; and

WHEREAS, in their wisdom the founders also ensured that certain inalienable rights and freedoms would be guaranteed to the citizens of this country through the ratification of the first ten amendments to the United States Constitution, collectively referred to at the Bill of Rights; and

WHEREAS, the Second Amendment to the Constitution of the United States of America provides: “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, the United States Supreme Court in United States v. Miller, 307 U.S. 174 (1939), opined that the firearms that are part of ordinary military equipment, or with use that could contribute to the common defense are protected by the Second Amendment; and

WHEREAS, the United States Supreme Court in District of Columbia v. Heller, 554 U.S. 570 (2008), affirmed an individual’s right to possess firearms, unconnected with service in a militia, for traditionally lawful purposes, such as self-defense within the home; and

WHEREAS, the United States Supreme Court in McDonald v. Chicago, 561 U.S. 742 (2010), affirmed that the right of an individual to “keep and bear arms” as protected under the Second Amendment, is incorporated by the Due Process Clause of the Fourteenth Amendment to the states; and

WHEREAS, the drafters of the Constitution of the State of Tennessee also sought to ensure certain freedoms and rights would be guaranteed to the citizens of this state through the Declaration of Rights in Article I of the Tennessee Constitution, and specifically Article I § 26 of the Constitution of the State of Tennessee provides: “That the citizens of this State have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime”; and

WHEREAS, various legislation has been proposed in the United States Congress and the Tennessee General Assembly which could infringe upon the rights of citizens of the United States of America and the State of Tennessee to keep and bear arms as guaranteed to said citizens by virtue of the Second Amendment to the Constitution of the United States and Article I § 26 of the Constitution of the State of Tennessee; and

WHEREAS, it is the desire of the Board of County Commissioners of Carter County, Tennessee to declare its support for the Second Amendment to the Constitution of the United States of America and Article I § 26 of the Constitution of the State of Tennessee to protect the inalienable right of the citizens of Carter County to keep and bear arms.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners for Carter County, Tennessee, meeting in regular session on this the 17th day of June, 2019, with a lawful quorum of said Board being present and with a majority voting in the affirmative, that the Board hereby declares its support for the Second Amendment to the Constitution of the United States of America and Article I § 26 of the Constitution of the State of Tennessee so that the citizens of Carter County may continue to exercise their right to keep and bear arms.

BE IT FURTHER RESOLVED that the Board of County Commissioners hereby declares Carter County, Tennessee to be a “Second Amendment Sanctuary County”.