By: David Tripp
3 Mar 2020
County Attorney Jonathon Stellar presented Resolution 2020-2, Upon motion of Commissioner Klingman, second of Commissioner Fischer, Resolution 2020-2 was approved. Timm, aye, Klingman, aye, Fischer, aye.
Verification Citation/Source: Deuel County Board of Commissioners
Resolution date passed: 3 Mar 2020
Vote Count: 3-0 Unanimous
BE IT RESOLVED BY THE CHAIRPERSON AND COUNTY BOARD OF COMMISSIONERS OF THE COUNTY OF DEUEL, NEBRASKA, as follows:
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 Supreme Court in the District of Columbia v. Heller, 554 U.S. 570 (2008), decision affirmed an individual’s right to possess firearms, unconnected with service in a militia, for traditionally lawful purposes, such as selfdefense within the home; and,
WHEREAS, the 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 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, Article I, Section I-1 of the Constitution of Nebraska provides that “All persons have certain inalienable rights; among these are life, liberty, the pursuit of happiness, and the right to keep and bear arms for security or defense of self, family, home, and others, and for lawful common defense, hunting, recreational use, and all other lawful purposes, and such rights shall not be denied or infringed by the state or any subdivision thereof. To secure these rights, and the protection of property, governments are instituted among people, deriving their just powers from the consent of the governed.”; and
WHEREAS, Article I, Section I-7 of the Constitution of Nebraska provides that “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.”; and
WHEREAS, Article I, Section I-16 of the Constitution of Nebraska provides that “No bill of attainder, ex post facto law, or law impairing the obligation of contracts, or making any irrevocable grant of special privileges or immunities shall be passed.”; and
WHEREAS, Article I, Section I-21 of the Constitution of Nebraska provides that “The property of no person shall be taken or damaged for public use without just compensation therefore”; and
WHEREAS, it is the desire of the County Board to declare its support of the Second Amendment to the United States Constitution and the Nebraska Constitution protecting citizens’ inalienable and individual right to keep and bear arms; and WHEREAS, the members of this Board took an oath to support and defend the United States Constitution, the Constitution of the State of Nebraska and the laws of the State of Nebraska, insofar as they are constitutional.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Deuel, Nebraska by the authority granted the Board by the laws of the State of Nebraska and people of Deuel County, Nebraska, we hereby declare that we shall stand and defend the rights and liberties of all county citizens, which are guaranteed by the United States and Nebraska Constitutions.
BE IT FURTHER RESOLVED that this Board affirms its support for the duly elected Sheriff of Deuel County, Nebraska in the exercise of his sound discretion and affirms its resolve to support decisions by our Sheriff to defend the Constitution of the United States and the Constitution of the State of Nebraska.