By: David Tripp
7 Oct 2019
Verification Citation/Source: Humboldt County Board of Commissioners
Resolution date passed: 7 Oct 2019
Vote Count: 4-0-1 Unanimous
Absent: Cerri
A NON PARTISAN RESOLUTION DECLARING THE COUNTY OF HUMBOLDT, NEVADA TO BE A “SECOND AMENDMENT SUPPORTING COUNTY”
RESOLUTION NUMBER: 10-07-19a
WHEREAS, the Second Amendment of the Unites States Constitution, adopted in 1791 as part of the Bill of Rights, protects the inalienable and pre-existing individual right of the people to keep and bear arms and states: 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 Fourth Amendment of the United States Constitution states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized; and
WHEREAS, the Sixth Amendment of the United States Constitution states: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witness in his favor, and to have the assistance of Counsel for his defense; and
WHEREAS, the Fourteenth Amendment, Article 1 states: All persons born or naturalized in the Unites States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the Unites States; nor shall any State deprive any person of life, liberty, or property, without due process; nor deny to any person within its jurisdiction in equal protection of the laws; 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 militia; and
WHEREAS, the United States Supreme Court in McDonald v. City of 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 against the states of the union; and
WHEREAS, the United States Supreme Court in United States v. Miller, 307 U.S. 174 (1939) affimed that the right to keep and bear arms for security and defense or with use that could contribute to the common defense, are protected by the Second Amendment; and
WHEREAS, Article 1, Section 11 of the Nevada Constitution states: 1. Every citizen has the right to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes. 2. The military shall be subordinate to the civil power; No standing army shall be maintained by the state in time of peace, and in time of War, no appropriation for a standing army shall be for a longer time than two years; and
WHEREAS, Article 1, Section 18 of the Nevada Constitution states: The right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures and searches shall not be violated; and no warrant shall issue but on probable cause, supported by Oath or Affirmation, particularly describing the place or places to be searched, and the person or persons, and thing or things to be seized; and
WHEREAS, Pursuant to NRS 282.020, members of the Legislature and all officers, executive, judicial and ministerial, shall, before they enter upon the duties of their respective offices, take and subscribe to the following oath: I, ……………………., do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States, and the Constitution and government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state notwithstanding, and that I will well and faithfully perform all the duties of the office of ……………., on which I am about to enter; (if an oath) so help me God; (if an affirmation) under the pains and penalties of perjury.; and
WHEREAS, We the Humboldt County Board of County Commissioners have a duty to uphold the rights of residents of Humboldt County who are entitled to all rights and protections of the United States and Nevada constitutions; and
WHEREAS, it is the desire of the Humboldt County Board of Commission to declare its support of the Second Amendment to the United States Constitution and to the provisions of the Nevada Constitution which protect Humboldt County’s Citizens preexisting inalienable and individual right to keep and bear arms.
WHEREAS, the Citizens of Humboldt County derive personal and economic benefit from all safe forms of firearms recreation, hunting, and shooting conducted within Humboldt County using all types of firearms allowable under the United States and Nevada constitutions; and
WHEREAS, We the Humboldt County Board of County Commissioners take seriously the protection of our rights under the United States and Nevada Constitution; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF HUMBOLDT COUNTY, NEVADA THAT:
1. That the Humboldt County Board of County Commissioners opposes the enactment of any legislation, state or federal, that would unconstitutionally infringe upon the lawful rights of residents to keep and bear arms, including the rights of private individuals to lawfully sell or transfer their legally owned firearms without undue government burden and to be free from unreasonable search and seizure;
2. That the Humboldt County Board of County Commissioners fully supports the oath of office taken by its elected officials and adopts it as its own.
3. That the Humboldt County Board of County Commissioners will uphold the United States and Nevada Constitutions, and will act in conformity with our sworn duties as elected officials charged with public trust, and in conjunction with United States Supreme Court precedent. And that neither the United States Congress nor the Nevada Legislature should entertain consideration of any legislation that would infringe on constitutionally protected rights under the Second Amendment through any means, including additional restrictions on lawful firearms and accessories; or in the possession, use, sale or transfer of legitimately owned firearms.
