By: David Tripp
10 Dec 2019
Verification Citation/Source: Bath County Board of Supervisors
Resolution date passed: 10 Dec 2019
Vote Count: 5-0 Unanimous
During the public comment session 17 individuals spoken in favor of the proposed resolution naming Bath County as a Second Amendment Sanctuary County, 2 other individuals preferred a more neutral approach.
Board Member Comment
Chairman Byrd took a moment to recognize Harper Wagner former Millboro Board of Supervisors member who passed away on December 3, 2019.
Chairman Byrd asked that petitions signed by members of the public in support of the Second Amendment Sanctuary Resolution be attached to the official minutes.
Supervisor Hall spoken in favor of the Second Amendment Sanctuary Resolution and reminded everyone to “know who you are voting for.”
Supervisor Shifflett thanked the public for coming out to support the resolution.
Supervisor Perdue made the motion to adopt the Resolution Declaring Bath County as a Second Amendment Sanctuary County.
Chairman Byrd polled the Board.
The motion was adopted 5 in favor, 0 against, 0 abstaining, and 0 absent,
with Supervisors Byrd, Hall, Hicklin, Perdue and Shifflett voting aye.
A RESOLUTION AFFIRMING THE CONSTITUTIONS OF THE UNITED STATES AND VIRGINIA AND DECLARING BATH COUNTY A SECOND AMENDMENT SANCTUARY COUNTY
WHEREAS, the members of the Board of Supervisors of Bath County have taken an oath to defend and uphold the constitutions of the United States and Virginia; and,
WHEREAS, the Second Amendment to the United States Constitution reads: “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 Virginia Constitution reads: “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…”; and,
WHEREAS, the Board has no legislative, regulatory, or enforcement authority related to “the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof,” as provided by Section 15.2-915 of the Code of Virginia, 1950, as amended, and has no authority over the independent execution of the duties of the constitutional officers involved in law enforcement; and,
WHEREAS, the Board is concerned that introduced legislation for the 2020 Virginia General Assembly, if passed, could infringe upon rights guaranteed by the Second Amendment to the United States Constitution and Article I, § 13 of the Virginia Constitution; and,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF BATH COUNTY, VIRGINIA, that:
1. Bath County is hereby declared a Second Amendment Sanctuary County, wherein the rights of law-abiding citizens to keep and bear arms for the purposes of lawful self-defense, community defense, and hunting, as protected by the United States and Virginia Constitutions, is part of the fabric of the community since before the foundation of the Republic, and is and must be respected, celebrated, and upheld; and
2. Bath County urges the General Assembly, the United States Congress, and other agencies of State and Federal government not to adopt, accept, or enact any provision, law, or regulation that may infringe, have the tendency to infringe, or place any additional burdens on the right of law-abiding citizens to bear arms; and
3. Bath County expresses its intent to continue to take lawful actions to protect and support the rights of its citizens to keep and bear arms as guaranteed by the United States and Virginia Constitutions, and not to aid in unconstitutional efforts to restrict these rights; and
4. Bath County opposes, in particular, any provision, law, or regulation that may impose additional regulatory burdens on its citizens or result in mandates, whether mandatory or practical, to expend additional public funds on enforcement or administration of such laws, or to require the constitutional officers of the locality to do so; and
5. The County Administrator is directed to cause true copies of this resolution to be forwarded to the County’s representatives in the General Assembly and the United States Congress and the Governor of Virginia.
