By: David Tripp
20 Feb 2020
The Bradley County Board of Commissioners unanimously passed a resolution to support the second amendment and constitution as a whole on 18 Feb 2020.
Resolution date passed: 18 Feb 2020
Vote Count: Unanimous
RESOLUTION 2020-09
RESOLUTION DECLARING SUPPORT FOR THE SECOND AMENDMENT OF THE UNITED STATES OF AMERICA
Whereas, the United States Bill of Rights comprised of the first ten amendments to the United States Constitution add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government’s power in judicial and other proceedings, and explicit declarations that all powers not specifically granted to the U.S. Congress by the Constitution are reserved for the states or the people; and
Whereas, the Second Amendment to the Constitution of the United States of America, one of ten amendments that form the Bill of Rights ratified in 1791 by the United States Congress, provides “[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 right of the people to keep and bear arms is further protected from infringement by state and local governments under the Ninth, Tenth and Fourteenth Amendments to the Constitution of the United States of America; and
Whereas, Section 1 of the Fourteenth Amendment to the Constitution of the United States of America, working in coordination with the Fifth Amendment of the Constitution of the United States of America to also ensure all due process rights are observed and protected, states, ”No 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 Constitution of the State of Tennessee, Article 1, Section 24, states “that the sure and certain defense of a free people, is a well regulated militia; and, as standing armies in time of peace are dangerous to freedom, they ought to be avoided as far as the circumstances and safety of the community will admit; and that in all cases the military shall be kept in strict subordination to the civil authority”; and
Whereas, the Constitution of the State of Tennessee, Article 1, Section 26, provides “that the citizens of this State have a right to keep and 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 representatives of Bradley County recognize the constitutional obligation and constitutional duty inherent in public se1-vice which is grounded in an oath of office and continues throughout the term of service; and
Whereas, legislation infringing upon the constitutional rights of Bradley County citizens has been, and may continue to be, proposed in the United States Congress and the Tennessee General Assembly; andWhereas, after much consideration and deliberation, this legislative body has determined that it is in the best interest of Bradley County to publicly proclaim its support of a citizen’s right to keep and bear arms, and request that the duly elected representatives of federal and state government continue to adhere to their
respective promissory duties to support and defend the Constitution of the United States of America, and Constitution of the State of Tennessee to advance legislation to recognize and protect the unalienable right of the people of Bradley County, Tennessee to possess and bear arms; and
Whereas, Bradley County requests that these duly elected representatives of federal and state government refuse to support any legislation that infringes on any rights guaranteed to the people of Bradley County by the Constitutions of the United States of America and the State of Tennessee.
NOW, THEREFORE, BE IT RESOLVED by the Bradley County Legislative Body meeting in regular session at Cleveland, Tennessee, on this 18th day ofFebmary, 2020, that the Bradley County Commission does hereby oppose the enactment of any legislation that would infringe upon the right of the people to keep and bear arms.
BE IT FURTHER RESOLVED that the Bradley County Legislative Body will not authorize or appropriate government funds, resources, employees, agencies, contractors, buildings, detention centers or offices for the purpose of enforcing or assisting in the enforcement of any element of such acts, laws, orders, mandates, rules or regulation that infringe on the right by the people to keep and bear arms as described and defined in detail above.
BE IT FURTHER RESOLVED that the Bradley County Legislative Body hereby declares their support for the Constitution of the United States of America, and the Constitution of the State of Tennessee, specifically the Second Amendment to the Constitution of the United States of America, and Article 1, Sections 24 and Section 26 of the Constitution of the State of Tennessee, and its obligation to protect those rights.
BE IT FURTHER RESOLVED that this Resolution shall take effect from and after its passage, the public welfare requiring it.
BE IT FURTHER RESOLVED that the Bradley County Legislative Body hereby declares their support and obligation to protect all the guarantees of personal freedoms and rights set forth in the United States Bill of Rights. Adopted this 18th day ofFebmary, 2020.
