David Tripp
21 Feb 2020

Pickens County Georgia has unanimously passed a resolution affirming the second amendment and declaring the Board it is full support. After the reading of the resolution(Text Below), Chairman Robert Jones made a motion to bring the resolution to a vote and was seconded by Becky Denney, The vote was made and passed unanimously.

Verification Citation/Source: Pickens County Board of Commissioners
Resolution date passed: 20 Feb 2020
Vote Count: Unanimous


RESOLUTION Declaring The Board of Commissioners of Pickens County in Full Support Of The Second Amendment and All of The Constitutional Rights Therein Bestowed Unto The Citizens of Pickens County, Georgia

WHEREAS, the Board of Commissioners of Pickens County, Georgia were elected to represent the citizens of Pickens County, Georgia and being duly sworn by oath to uphold the United States Constitution and the Constitution of the State of Georgia; and,

WHEREAS, the Second Amendment to the Constitution of the United States of America, ratified by the State of Georgia on January 2, 1788 and ratified on June 21, 1788 by the minimum of nine states required under Article VII to become law, reads as follows: “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 United States Supreme Court has affirmed an individual’s right to possess firearms, unconnected with service in the militia, for traditionally lawful purposes, such as self-defense within the home. District of Columbia v. Heller, 554 U.S. 570, 128 5. Ct. 2783, 171 L. Ed. 2d 637 (2008); and,

WHEREAS, the United States Supreme Court has affirmed that the right of an individual to “keep and bear arms,” is protected under the Second Amendment and is incorporated by the Due Process Clause of the Fourteenth Amendment against the states. McDonald v. City of
Chicago, 111. 561 U.S. 742, 130 5. Ct. 3020, 177 L. Ed. 2d 894 (2010); and,

WHEREAS, the United States Supreme Court has affirmed that the federal government of the United States cannot compel state law enforcement officers to enforce federal laws. Printz v. United States, 521 U.S. 898, 117 S. Ct. 2365, 138 L. Ed. 2d 914 (1997); and,

WHEREAS, Article I, Section I, Paragraph VIII of the Constitution of the State of Georgia entitled “Arms, right to keep and bear” provides that, the right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have the power to prescribe the manner in which arms may be borne,”; and,

WHEREAS, O.C.G.A. § 1-2-6 (a)(9) lists the right to keep and bear arms among the rights of the citizens of the State of Georgia; and,

WHEREAS, all federal acts, laws, orders, rules or regulations regarding firearms, firearms, accessories, and ammunition, except those as to convicted felons, are a violation of the Second Amendment and Article I, Section I, Paragraph VIII of the Constitution of the State of Georgia and are contrary to the original intent of those provisions; and,

WHEREAS, the citizens of Pickens County, Georgia regard the right of people to keep and bear arms for defense of life, liberty and property as an inalienable right of the people; and,

WHEREAS, the citizens of Pickens County, Georgia derive economic and social benefit from all safe forms of firearms recreation, hunting and shooting conducted with Pickens County; and,

WHEREAS, it is the desire of the Pickens County Board of Commissioners to declare its support of the Second Amendment to the United States Constitution and to the provisions of the Constitution of the State of Georgia that protect Pickens County Citizens’ individual, inalienable rights to keep and bear arms.

NOW, THEREFORE, BE IT RESOLVED by the Pickens County Board of Commissioners that it hereby declares its full support of the Second Amendment and all of the Constitutional Rights therein bestowed unto the Citizens of Pickens County, Georgia.

BE IT FURTHER RESOLVED that the Pickens County Board of Commissioners affirms its support for the Pickens County Sheriff in the exercise of his discretion to not enforce against the Citizens of Pickens County, Georgia an unconstitutional firearms law.

BE IT FURTHER RESOLVED that the Pickens County Board of Commissioners will not authorize or appropriate funds, resources, employees, agencies, contractors, buildings, detention centers or offices for the purpose of enforcing or assisting in the enforcement of any element of any UNCONSTITUTIONAL acts., laws, orders, mandates, rules or regulations that infringe on the right by the people to keep and bear arms.

BE IT FURTHER RESOLVED that ali federal acts, laws, orders, rules, regulations that violate the Second Amendment to the Constitution of the United States or Article I, Section I, Paragraph VIII of the Constitution of the State of Georgia, violate the true meaning and intent of those constitutions are hereby declared to be invalid and are specifically rejected in Pickens County, Georgia and shall be considered null and void and of no effect in Pickens County, Georgia.

BE IT FURTHER RESOLVED that the County Clerk shall forward a copy this resolution to Pickens County’s representative elected officials, namely, its State Representative and State Senator, its Congressman and U.S. Senator, and its Governor.

SO RESOLVED this 20th day of February, 2020.