Home States Florida Franklin County, Florida declares support of the Second Amendment

Franklin County, Florida declares support of the Second Amendment

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On February 4th, 2020 the Franklin County, Florida Board of County Commissioners passed a resolution declaring their support of the Second Amendment.

After first discussing the passage of a resolution to show their support of the Second Amendment at a previous meeting on January 21, 2020; the Franklin County, Florida Board of County Commissioners revisited the resolution to become a Sanctuary County on February 4th. From the minutes of the Jan. 21, meeting:

Commissioner Jones stated the Florida Association of Counties (FAC) already has wording on this but he would like Attorney Shuler to bring it back to the Board possibly at the next meeting a Resolution for the Board to consider adopting the 2nd Amendment Sanctuary for this county. Attorney Shuler said he will be glad to if that is the will of the Board. Commissioner Jones made a motion to direct Attorney Shuler to draft a Resolution for the Board to consider adopting the 2nd Amendment Sanctuary for the county. Commissioner Parrish seconded the motion. Commissioner Parrish reported he had people come talk to him about this issues yesterday and he also watched what was going on in Virginia on television. He stated the Sheriff in one of the counties said he would not enforce it and our Sheriff said he wouldn’t enforce taking people’s guns from them so they do need to move forward with this. Commissioner Boldt stated the sheriff is already beginning to work out his own gun range to make it better. Motion carried; 5-0.

We were made aware of the passage of this resolution after receiving an email from Ricky Jones, District 1 Commissioner of the Franklin County Board of County Commissioners. We found a copy of the resolution, but do not yet have the signed copy. You can find our copy in the image below or in the full text below that.

Citation/Source: Franklin County Board of County Commissioners
Resolution date passed: 4 Feb 2020
Signers: Noah Lockey Jr., Chairman of the Board of County Commissioners



RESOLUTION

A RESOLUTION OF THE FRANKLIN COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, DECLARING FRANKLIN COUNTY’S SUPPORT OF THE SECOND AMENDMENT

WHEREAS, the Constitution of the United States is the supreme law of our nation; and

WHEREAS, the Second Amendment to the Constitution states, “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 U.S. Supreme Court in the District of Columbia v. Heller, 554 U.S. 570 (2008), affirmed that the Second Amendment right to keep and bear arms is unconnected with service in a militia; and

WHEREAS, the U.S. Supreme Court in United States v. Miller, 307 U.S. 174 (1939), supports that firearms that are part of ordinary military equipment or whose use could contribute to the common defense are protected by the Second Amendment; and

WHEREAS, the Fourteenth Amendment to the Constitution states in part that, “[n]o State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws;” and

WHEREAS, the U.S. Supreme Court in McDonald v. City of Chicago, 561 U.S. 742 (2010), affim1ed that a person ‘s Second Amendment right to “keep and bear arms” is further secured by the “due process” and the “privileges and immunities” clauses of the Fourteenth Amendment.; and

WHEREAS, the Tenth Amendment to the Constitution states that, “[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people;” and

WHEREAS, the U.S. Supreme Court found in Printz v. United States, 521 U.S. 898 (1997), that the Federal government cannot compel law enforcement officers of the States to enforce federal laws as it would increase the power of the Federal government far beyond that which the Constitution intended; and

WHEREAS, Article I, Section 8(a), of the Florida Constitution states that, “the right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law;” and

WHEREAS, due to dual sovereignty of the U.S. Constitution, the Federal government has no authority to enforce state laws and States cannot be compelled to enforce Federal laws; and

WHEREAS, the Franklin County Board of County Commissioners each took an oath to support, protect and defend the Constitution and government of the United States and of the State of Florida; and

WHEREAS, the protectors of the U.S. Constitution are”we the people of the United States of America” and our ability to fulfill that role successfully rests on our Second Amendment rights.

NOW THEREFORE, BE IT RESOLVED by the Franklin County, Florida Board of County Commissioners as follows:

Section 1. The Franklin County Board of County Commissioners hereby declares Franklin County’s support of the Second Amendment and opposition to the infringement of the right to bear arms, in order to preserve for the People of, on, and in Franklin County, their rights guaranteed by the Constitution of the United States of America.

Section 2. The Franklin County Board of County Commissioners hereby reaffirms our solemn oath to support, protect and defend the Constitution and government of the United States and of the State of Florida.

Duly Adopted by the Franklin County, Florida Board of County Commissioners this 4th day of February, 2020.

BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, FLORIDA

By:
Noah Lockey Jr., Chairman

Attest:
Marcia M. Johnson
Clerk of Courts

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