By: David Tripp
5 Mar 2020
Two versions were brought forth one that had the word Sanctuary and one that removed it but all underlining wording remained. The first brought up was the one with the word “Sanctuary” in it but Pam Niebrzydowski, Lan Bridson, Frank Vanderwal and Roger Ouwinga voted “no”. The second version which had the wording omitted was then brought forward and passed unanimously.
Verification Citation/Source: Missaukee County Board of Commissioners
Resolution date passed: 5 Mar 2020
Vote Count: Unanimous
RESOLUTION 2020-3
RESOLUTION AFFIRMING THE SECOND AMENDMENT
OF THE UNITED STATES CONSTITUTION
THE COUNTY BOARD OF COMMISSIONERS OF THE COUNTY OF MISSAUKEE, STATE OF MICHIGAN, STATES:
WHEREAS, the County Board of Commissioners in the County of Missaukee, State of Michigan, pursuant to Michigan statute, is vested with the authority of administering the affairs of the County government of Missaukee County, Michigan, and is organized as a body corporate with powers and immunities provided by law, and to protect the health, safety, and welfare of the residents of Missaukee County and the employees of the Missaukee County government; and
WHEREAS, the Second Amendment of the United States Constitution, ratified in 1791 as part of the Bill of Rights, protects the right of the people to keep and bear arms; and
WHEREAS, the United States Supreme Court in District of Columbia v. Heller, 554 U.S. 570 (2008), affirmed an individual’s right to possess a firearm, unconnected with service in a militia, and to use that firearm 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 to the State by the Due Process Clause of the Fourteenth Amendment; and
WHEREAS, the United States Supreme Court in United States v. Miller, 307 U.S. 174 (1939), opinioned that possession or use of a firearm that has some reasonable relationship to the preservation of a well-regulated militia is protected by the Second Amendment; and
WHEREAS, Article I, Section 6 of the Michigan Constitution (1963) provides that “Every person has a right to keep and bear arms for the defense of himself and the state”; and
WHEREAS, it is the desire of this Board to declare its support of the Second Amendment to the United States Constitution and to the provisions of the Michigan Constitution which protect Missaukee County citizens’ individual rights to keep and bear arms; and
WHEREAS each Missaukee County Commissioner, as provided by Article IX, Section 1, of the Michigan Constitution (1963), took an oath to support the United States Constitution and the Michigan Constitution.
NOW THEREFORE, IT IS HEREBY RESOLVED, by the Missaukee County Board of Commissioners, that the County of Missaukee, Michigan, affirms and hereby declares support of the Second Amendment of the United States Constitution, whereby Missaukee County’s citizens may expect to be free from further infringement of their Second Amendment rights without due process.
IT IS FURTHER RESOLVED that this Board affirms its support for the Missaukee County Sheriff and the Missaukee County Prosecuting Attorney, in the exercise of their sound discretion to not enforce against any citizens an unconstitutional firearms law.
BE IT FURTHER RESOLVED, that the Board directs its staff to forward a copy of this resolution to the County’s fellow county elected officials, the Michigan State Legislature (House of Representative and State Senators), the Governor of Michigan and all of the Michigan U.S. Congressmen.
