By: David Tripp
7 Jan 2020
Supervisor Smith motioned to approve Resolution 20-001 and Acting Vice-Chair Magruder seconded the motion.
Supervisor Akers motioned to amend the Resolution by adding the words “and future” to the fifth paragraph and a whole new paragraph after paragraph seven to read as follows: “BE IT FURTHER, RESOLVED, that the Board of Supervisors does not intend to support or allocate resources that infringe on the Constitutional rights of citizens, and hereby declares Essex County, Virginia, as a Second Amendment Sanctuary County; and,”
Supervisor Gill seconded Supervisor Akers motion. AYES: 5 NAYES: 0 ABSENT: 0
Verification Citation/Source: Essex County Board of Supervisors Minutes
Resolution date passed: 7 Jan 2020
Vote Count: 5-0
A RESOLUTION AFFIRMING THE CONSTITUTIONS OF THE UNITED STATES AND VIRGINIA
WHEREAS, the members of the Board of Supervisors have taken an oath to defend and uphold the constitutions of the United States of America and Commonwealth of Virginia; and,
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 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 and future legislation, if passed, could infringe upon the 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, that the Board of Supervisors of Essex County fully affirms its support of the rights ensured and protected by the constitutions of the United States of America and Commonwealth of Virginia, including the rights of law-abiding citizens to keep and bear arms; and,
BE IT, FURTHER, RESOLVED, that the Board urges the Virginia General Assembly, the United States Congress, and other agencies of State and Federal government to vigilantly preserve and protect those rights by rejecting 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 keep and bear arms; and,
BE IT, FURTHER, RESOLVED, that the Board of Supervisors does not intend to support or allocate resources that infringe on the Constitutional rights of citizens, and hereby declare Essex County, Virginia, as a Second Amendment Sanctuary County; and,
BE IT, FURTHER, RESOLVED, that the Board of Supervisors directs its staff to forward a copy of this resolution to the County’s elected representatives in the Virginia Assembly, the United States Congress, and the Governor of the Commonwealth of Virginia.
ADOPTED: This 7th day of January 2020.
CERTIFICATION OF ADOPTION OF RESOLUTION
The undersigned Clerk of the Board of Supervisors of the County of Essex, Virginia hereby certifies that the Resolution set forth above was duly adopted during an open meeting on January 7, 2020, by a majority of the members of the Board of Supervisors at special meeting with the following votes: