On February 18, 2021 the County Commission of Jefferson County, West Virginia passed a resolution declaring their county to be a Second Amendment Sanctuary County.
Verification Citation/Source: Jefferson County, WV – County Commissioners
Resolution date passed: 18 Feb 2021
Vote Count: 4 yea’s 1 abstain
RESOLUTION OF THE COUNTY COMMISSION OF JEFFERSON COUNTY, WEST VIRGINIA
WHEREAS, The Second Amendment of the United States Constitution reads, “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 in District of Columbia v. Heller, 554 U.S. 570 (2008), affirmed an individual’s right to possess firearms, unconnected with service in a militia, and the right to use firearms for traditionally lawful purposes, such as self-defense within the home, and,
WHEREAS, Section 1 of the Fourteenth Amendment of the United States Constitution reads, “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 the life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law,” 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 by the Due Process Clause of the Fourteenth against the states, and,
WHEREAS, The United States Supreme Court in United States v. Miller, 307 U.S. 174 (1939), opined that firearms are part of ordinary military equipment, or with use could contribute to the common defense, are protected by the Second Amendment, and,
WHEREAS, Article III, Section 22 of The Constitution of West Virginia provides, “A person has the right to keep and bear arms for the defense of self, family, home and state, and for lawful hunting and recreational use,” and,
WHEREAS, Article III, Section 1 of The Constitution of West Virginia reads “All men are, by nature, equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity, namely the enjoyment of life and liberty, with the means of acquiring and possessing property, and of pursuing and obtaining happiness and safety,” and,
WHEREAS, Article III, Section 2 of The Constitution of West Virginia reads “All power is invested in, and consequently derived from the people. Magistrates are their trustees and servants, and at all times amendable to them,” and,
WHEREAS, Justice Thomas M. Cooley in the People v. Hurlbut 24 Mich. 44, page 108 (1871), surmises, “The States may mould local institutions according to its views of policy or expediency; but local government is a matter of absolute right; and the state cannot take it away,” and,
WHEREAS, The right to be free from the commandeering hand of government has been recognized by the United States Supreme Court in Printz v. United States. The court held, “The Federal Government may neither issue directives requiring the states to address particular problems, nor command the states’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. The anti-commandeering principles recognized by the U.S. Supreme Court in Printz v. United States are predicated upon the advice of James Madison, who in Federalist #46 advised “a refusal to cooperate with officers of the Union in response to either unconstitutional federal measures or constitutional but unpopular federal measures,” and,
WHEREAS, The right to keep and bear arms is a fundamental individual right that shall not be infringed; and all local, state, and federal acts, laws, orders, rules, or regulations regarding firearms, firearms accessories, and ammunition are a violation of the Second Amendment, and,
WHEREAS, Local governments have the legal authority to refuse to cooperate with state and federal firearm laws that violate those rights and proclaim a Second Amendment Sanctuary for law-abiding citizens in their cities and counties, and,
WHEREAS, The County Commission of Jefferson County, West Virginia recognizes that every person elected or appointed to any office, before proceeding to exercise authority, or discharge the duties thereof, shall make an oath or affirmation that they will support the Constitution of the United States and The Constitution of West Virginia.
NOW THEREFORE, LET IT BE RESOLVED, By the County Commission of Jefferson County, West Virginia; that the County Commission hereby declares Jefferson County, West Virginia as a “Second Amendment Sanctuary County” for the purposes described above; and,
BE IT FURTHER RESOLVED, That the County Commission of Jefferson County, West Virginia hereby expresses its intent to uphold the Second Amendment rights of the citizens of Jefferson County, West Virginia and,
BE IT FURTHER RESOLVED, That the County Commission of Jefferson County, West Virginia hereby expresses its desire that public funds are not used to unconstitutionally7 restrict the Second Amendment rights of the citizens of Jefferson County, West Virginia or to aid federal or state agencies in the unconstitutional restrictions of said rights, and,
BE IT FURTHER RESOLVED, That the County Commission of Jefferson County, West Virginia hereby declares its intent to oppose, within the limits imposed by law upon local governments, any unconstitutional infringement of the right of law-abiding citizens to keep and bear arms, using such reasonable and legal means as the County Commission of Jefferson County, West Virginia by hereafter approves, and,
BE IT FURTHER RESOLVED, That Jefferson County, West Virginia is hereby declared a Second Amendment Sanctuary County. The County Commission of Jefferson County, West Virginia will preserve, protect, and defend the United States Constitution and The Constitution of West Virginia with the adoption of the foregoing Resolution having been moved by Jackson and duly seconded by Stolipher with the vote on said Resolution as follows:
yea – Joshua Compton
yea – Caleb Wayne Hudson
yea – Tricia Jackson
yea – Stephen Stolipher
abstain – Jane Tabb
NOW, THEREFORE, BE IT RESOLVED, That the County Commission of Jefferson County, West Virginia hereby certifies this resolution passed and signed this 18th day of February 2021.
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