Home States Virginia Grayson County VA, Passes Second Amendment Sanctuary 5-0

Grayson County VA, Passes Second Amendment Sanctuary 5-0

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By: David Tripp
12 Dec 2019

Verification Citation/Source: Grayson County Board of Supervisors
Resolution date passed: 12 Dec 2019
Vote Count: 5-0 Unanimous
Supervisor Belton asked for a roll-call vote on the Resolution that was read.
Supervisor Revels – aye;
Supervisor Hash – aye;
Supervisor Fant – aye;
Supervisor Sutherland – aye;
Supervisor Belton – aye.

Grayson County Board of Supervisors

Commonwealth

of Virginia

RESOLUTION OF THE GRAYSON COUNTY BOARD OF SUPERVISORS

WHEREAS, the Second Amendment of 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, 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 against the states; and,

WHEREAS, the United States Supreme Court in United States v. Miller, 307 U.S. 174 (1939), opined that 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, Article 1, Section 13 of the Constitution of Virginia provides, “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, Article 1, Section 1 of the Constitution of Virginia reads, “That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into the state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety; and,

WHEREAS, Article 1, Section 2 of the Constitution of Virginia reads, “that all power is vested in, and consequently derived from, the people, that magistrates are their trustees and servants, and at all times amenable to them”; and,

WHEREAS, certain legislation that has or may be introduced in the Virginia General Assembly, and certain legislation which has or may be introduced in the United States Congress, could have the effect of infringing on the rights of law-abiding citizens to keep and bear arms, as guaranteed by the Second Amendment to the United States Constitution and Article 1, Section 13 of the Constitution of Virginia; and,

WHEREAS, the Grayson County Board of Supervisors recognizes that federal and state laws are presumed constitutional until finally declared otherwise by a court of appropriate jurisdiction; and,

WHEREAS, the Grayson County Board of Supervisors is concerned about the passage of any law containing language that would unconstitutionally infringe upon the rights of the citizens of Grayson County to keep and bear arms; and,

WHEREAS, in addition to the individual rights to keep and bear arms as enshrined in the United

States and Virginia Constitutions, the Grayson County Board of Supervisors is mindful of the deep cultural and historic roots of hunting within the Commonwealth and the County of Grayson, which precede the founding of the United States, as well as the many conservation and wildlife management benefits to be derived from responsible game management through hunting, and

WHEREAS, the Grayson County Board of Supervisors wishes to express its deep commitment to the rights of all law-abiding citizens of Grayson County to keep and bear arms as constitutionally protected; and,

WHEREAS, the Grayson County Board of Supervisors wishes to express opposition to and to

discourage the enactment of any law that would unconstitutionally restrict the rights of the citizens of Grayson County to keep and bear arms, and,

WHEREAS, the Grayson County Board of Supervisors is aware of Virginia Code 9 15.2-915, and recognizes the limitations on localities contained therein, and wishes to express its intent that this resolution be construed in keeping therewith, and further wishes to express its intent that, in the event that the General Assembly repeals said statute or otherwise empowers localities to adopt local restrictions or regulations on firearms, that it is the intent to the Board of Supervisors, as currently composed, not to adopt any new restrictions on the right to bear arms; and,

WHEREAS, the Grayson County Board of Supervisors wishes to express its intent to stand as a Sanctuary County for Second Amendment rights and to oppose, within the limits of the Constitution of the United States and the Commonwealth of Virginia, any efforts to unconstitutionally restrict such rights, and to use such reasonable and

legal means as the Grayson County Board of Supervisors may hereafter approve to protect the rights of the citizens of Grayson County to keep and bear arms.

NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Grayson County Virginia: That the Grayson County Board of Supervisors hereby declares Grayson County, Virginia as a “Second Amendment Sanctuary” for the purposes described above; and,

BE IT FURTHER RESOLVED, that the Grayson County Board of Supervisors hereby expresses its intent to uphold the Second Amendment rights of the citizens of Grayson County, Virginia; and,

BE IT FURTHER RESOLVED, that the Grayson County Board of Supervisors hereby expresses its desire that public funds are not used to unconstitutionally restrict the Second Amendment rights of the citizens of Grayson County, or to aid federal or state agencies in the unconstitutional restriction of said rights; and,

BE IT FURTHER RESOLVED, that the Grayson County Board of Supervisors hereby declares its intent to oppose, within the limitations imposed by law upon local governments, any unconstitutional infringement on the right of law-abiding citizens to keep and bear arms, using such reasonable and legal means as the Grayson County Board ofSupervisors may hereafter approve; and,

BE IT FINALLY RESOLVED, that the undersigned clerk of the Board of Supervisors of the County of Grayson, hereby certifies that the resolution set forth above was adopted during an open meeting on December 12, 2019, by the Board of Supervisors with the following votes:

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