By: David Tripp
12 Dec 2019
Supervisor Bacon made the motion, seconded by Supervisor Hoover and, on a roll call vote the supervisors unanimously approved the motion to declare Lunenburg County a “Second Amendment Sanctuary County”
Verification Citation/Source: Lunenburg County Board of Supervisors Minutes
Resolution date passed: 12 Dec 2019
Vote Count: Unanimous
RESOLUTION DECLARING LUNENBURG COUNTY AS A SECOND AMENDMENT SANCTUARY
The Lunenburg County Board of Supervisors has received significant input from citizens expressing serious concerns about potential Gun Control legislation that may be enacted by the 2020 General Assembly session. This Statement is intended to respond to those citizen concerns.
In Lunenburg County, we believe in the rule of law and support the US Constitution including the Bill of Rights and the Second Amendment. Each member of the Lunenburg County Board of Supervisors has taken an oath to “support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia”. The Lunenburg County Board takes the oath of office seriously and actively works to protect all rights guaranteed by both constitutions, including the right for law-abiding citizens to bear arms.
The Lunenburg County Board of Supervisors writes laws for the county to the extent authority has been specifically granted by the General Assembly. We have limited authority to pass laws, but we fully use our authority to protect and defend the rights of our citizens.
The Board of Supervisors is neither a law enforcement entity, nor responsible for prosecutions. Law enforcement in the county is entrusted to the Sheriff, who is separately elected by the citizens of this county. Prosecutions are handled by the Commonwealth’s Attorney, who is also separately elected by the citizens. Finally, the Board of Supervisors has no judicial authority. Interpretation and determination of the constitutionality of laws is performed by the court system.
This resolution affirms our support for the Second Amendment and sends a clear message to our legislators and all elected officials that we respect our citizens’ rights, all their rights, and that we stand with the other Virginia localities that have similarly voted to affirm their support for citizens’ Second Amendment rights.
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, 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; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power;” and,
WHEREAS, certain legislation introduced in the 2019 session of the Virginia General Assembly, and certain legislation introduced in the current session of 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 of the United States Constitution; and,
WHEREAS, the current Governor of Virginia has stated that he intends to endorse and pass into law legislation that is unconstitutional as it pertains to the rights enumerated in the US & Virginia Constitution.
WHEREAS, the Lunenburg County Board of Supervisors is concerned about the passage of any bill containing language which could be interpreted as infringing the rights of the citizens of Lunenburg County to keep and bear Arms or could begin a slippery slope of restrictions on the Second Amendment rights of the citizens of Lunenburg County, and,
WHEREAS, the Lunenburg County Board of Supervisors wishes to express its deep commitment to the rights of all citizens of Lunenburg County to keep and bear Arms; and,
WHEREAS, the Lunenburg County Board of Supervisors wishes to express opposition to any law that would unconstitutionally restrict the rights under the Second Amendment of the citizens of Lunenburg County to bear arms; and,
WHEREAS, the Board wishes to express its intent to stand as a Sanctuary County for Second Amendment rights and to oppose, within the limits of the Constitution and the laws of the United States and the Commonwealth of Virginia, any efforts to unconstitutionally restrict such rights, and to use such legal means at its disposal to protect the rights of the citizens of Lunenburg County, Virginia, to keep and bear arms, including through legal action, petition for redress of grievances, and not enforcing any law ruled unconstitutional.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF LUNENBURG COUNTY, VIRGINIA, that:
1. Lunenburg 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, sport shooting, game hunting, and gun collecting as protected by the United States and Virginia Constitutions, is part of the fabric of the community since before the founding of the Republic, and is and must be respected, celebrated, and upheld; and,
2. Lunenburg 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 rights of law abiding citizens to bear arms; and
3. Lunenburg 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. Lunenburg 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 to the Governor of Virginia; and, 6. This resolution is effective upon adoption. Adopted this 12th day of December, 2019.