Hawkins County TN, commission approves Second Amendment Sanctuary resolution


The Hawkins County Tennessee County Commission, in a unanimous 21 to 0 vote, passed a resolution in support of the Second Amendment of the United States.

Verification Citation/Source: Hawkins County Commission
Resolution date passed: 27 Jan 2020


NO. 2020 / 01 / 01

To the HONORABLE RICK BREWER, Chairman, and Members of the Hawkins County Board of Commissioners in Regular Session, met this 27th day of January 2020.

RESOLUTION OF REF:                   

WHEREAS, the 111th General Assembly in its 2019 session considered and referred to committees for further study SB0943/HBI049 that authorizes the issuance of extreme risk protection order, also known as a “red flag law”, “Extreme Risk Protection Orders” means an order, in writing, signed by the court, prohibiting and enjoining a named person from having in the person’s custody or control, owning, purchasing, possessing, or receiving, any firearm or ammunition.

WHEREAS, Article I, Section 26 of the Tennessee Constitution states, “That the citizens of this state have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime”; and

WHEREAS, the Second Amendment to the United States Constitution, adopted in 1791 as part of the Bill of Rights, protects the inalienable and individual right of the people to keep and bear arms; and

WHEREAS, the United States Supreme Court in District of Columbia vs. 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, it is the desire of the Hawkins County Commission to declare its support of the Second Amendment to the United States Constitution and to protect law abiding citizens right to keep and bear arms; and

WHEREAS, the Hawkins County Commission opposes the enactment of any federal or state law, including Red Flag laws, which infringe on a citizen’s Second Amendment right to bear arms.

NOW, THEREFORE BE IT RESOLVED that the Hawkins County Board of Commissioners hereby declares Hawkins County to be a “Second Amendment Sanctuary County”, meaning that Hawkins County will provide safe haven and protect the United States Constitution and the 2″d Amendment Rights of law-abiding Hawkins County citizens except for legally upheld statutes, laws, or final court Orders.

This resolution shall take effect from and after its passage. All resolutions in conflict herewith shall be and the same are hereby rescinded insofar as such conflict exists. (Please see attached for reference: Senate Bill 943 & House Bill I 049)