Verification Citation/Source: Emanuel County Board of County Commissioners
Resolution date passed: 16 Mar 2020
Vote Count: 5-0
RESOLUTION
A RESOLUTION TO DECLARE EMANUEL COUNTY, GEORGIA TO BE A “SECOND AMENDMENT SANCTUARY COUNTY”
WHEREAS, the Board of County Commissioners of Emanuel County, Georgia being elected to represent the People of Emanuel 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 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 (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. Chicago (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 (Prinz v. United States (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, “[t]he right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne,” and;
WHEREAS, O.C.G.A ยง 1-2-6 (a)(9) lists the right to keep and bear arms among the rights of the citizens of the State of Georgia that are without limitation, and;
WHEREAS, the citizens of Emanuel 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 Emanuel County, Georgia derive economic and social benefit from all safe forms of firearms recreation, hunting and shooting conducted within Emanuel County, and;
WHEREAS, it is the desire of the Emanuel 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 Emanuel County Citizens’ individual, inalienable rights to keep and bear arms.
NOW, THEREFORE, BE IT RESOLVED by the Emanuel County Board of Commissioners, duly assembled this day of February, 2020 that Emanuel County be, and hereby is, declared to be a “Second Amendment Sanctuary County.”
BE IT FURTHER RESOLVED that the Emanuel County Board of Commissioners affirms its support for the Emanuel County Sheriff in the exercise of his sound discretion to not enforce against any citizen an unconstitutional firearms law.
BE IT FURTHER RESOLVED that no agent, employee or official of Emanuel County, or any corporation providing services to Emanuel County, shall provide material support or participate in any way with the implementation of federal acts, orders, rules, laws or regulations in violation of the Second Amendment to the United States Constitution.
BE IT FURTHER RESOLVED that the Emanuel 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 acts, laws, orders, mandates, rules or regulations that infringe on the right by the people to keep and bear arms that is contrary to the Second Amendment to the Constitution of the United States and Article I, Section I, Paragraph VIII of the Constitution of the State of Georgia, and;
BE IT FURTHER RESOLVED, that all 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 and are hereby declared to be invalid and are specifically rejected in Emanuel County, Georgia and shall be considered null and void and of no effect in Emanuel County, Georgia.
Adopted this 16th day of March 2020
The above Resolution was adopted by the Emanuel County Board of Commissioners on this 16th day of March 2020.
Special thanks to Brandon and John Bell for all of their hard work.
