On February 23, 2021, the Lafayette County, Wisconsin Board of Supervisors passed a resolution declaring the county a Second Amendment Sanctuary. The resolution passed with a vote of 9 – 6.
Verification Citation/Source: Lafayette County, WI – County Board of Supervisors
Resolution date passed: 23 Feb 2021
Vote Count: 9 Aye – 6 Nay
RESOLUTION 68 – 20
Declaring Lafayette County a Second Amendment Sanctuary County
WHEREAS, the Constitution of the United States is the Supreme Law of our nation; and
WHEREAS, Sanctuary County is defined as a county which resolves to resist infringements upon the inalienable, God given rights enumerated in the U.S. Constitution and the Constitution of the State of Wisconsin; and
WHEREAS, the Right of the People to Keep and Bear Arms is guaranteed as an Individual Right under the Second Amendment to 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 under the Constitution of the State of Wisconsin, Article 1, Section 25, reads “The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose;” 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, 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 by the Due Process Clause of the Fourteenth Amendment against the states; and
WHEREAS, the United States 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, the Right of the People to Keep and Bear Arms for the defense of Life and Liberty is regarded as an Inalienable Right by the People of Lafayette County, Wisconsin; and
WHEREAS, the People of Lafayette County, Wisconsin derive an economic benefit from all safe forms of firearms recreation, hunting, and shooting conducted within Lafayette County using all types of firearms heretofore allowable under the United States Constitution and the Constitution of the State of Wisconsin; and
WHEREAS, the Lafayette County Board of Supervisors, were elected to represent the People of Lafayette County and being duly sworn by their Oath of Office, to uphold the United States Constitution and the Constitution of the State of Wisconsin; and
WHEREAS, the Lafayette County Board of Supervisors, are concerned about the passage of any bill containing language which could be interpreted as infringing the rights of the citizens of Lafayette County to keep and bear arms; and
WHEREAS, the Lafayette County Board of Supervisors, wish to express deep commitment to the rights of all citizens of Lafayette County to keep and bear arms; and
WHEREAS, the Lafayette County Board of Supervisors, wish to express opposition to any law that would unconstitutionally restrict the rights of the citizens of Lafayette County to keep and bear arms; and
WHEREAS, the Wisconsin State Assembly and the Wisconsin State Senate, being elected by the People of the State of Wisconsin and being duly sworn by their Oath of Office to uphold the United States Constitution and the Constitution of the State of Wisconsin; and
WHEREAS, any legislation considered by the Wisconsin State Legislature that would infringe upon the Right to Keep and Bear Arms and would ban the possession and/or use of any weapons including firearms, magazines, ammunition or body armor now employed by individual citizens of Lafayette County for their defense of Life and Liberty or for the purposes of hunting, recreation or other lawful purposes or would require a firearms owner I.D, card or tax the possession of firearms or ammunition or require the registration and/or confiscation of said weapons and ammunition within Lafayette County, Wisconsin; would be a violation of the Second Amendment of the United States Constitution and of Article 1, Section 25 of the Wisconsin Constitution.
NOW, THEREFORE, BE IT RESOLVED, that the Lafayette County Board of Supervisors, at the request of the Law Enforcement Committee, hereby declare the County of Lafayette in the State of Wisconsin to be a Second Amendment Sanctuary County; and
BE IT FURTHER RESOLVED, that the People of Lafayette County, expressing their will through their elected representatives, affirm their support of the Sheriff to exercise sound discretion to not enforce against any citizen an unconstitutional firearms law; and
BE IT FURTHER RESOLVED, that the Lafayette County Board of Supervisors, shall not appropriate or authorize any funds, resources, employees, buildings, detention centers or offices for any enforcement of unconstitutional laws that infringe against the People of Lafayette County, Wisconsin; and BE IT FURTHER RESOLVED, that the Lafayette County Board of Supervisors, State of Wisconsin, do hereby oppose the enactment of any legislation that would infringe upon the Right of the People to keep and bear arms and consider such laws to be unconstitutional and beyond lawful legislative authority and to be an act of tyranny.
Respectfully Submitted
LAW ENFORCEMENT COMMITTEE
Andy Schilling Chair
Donna Flannery
John E. Reichling
Carmen McDonald
FISCAL NOTE: No direct fiscal impact from the passing of this resolution.
LEGAL NOTE: Within County Board authority.
I, Carla Jacobson, Clerk of the County of Lafayette, State of Wisconsin, do certify that this resolution was adopted by the Lafayette County Board of Supervisors at a meeting held on February 23, 2021.
Carla Jacobson
Lafayette County Clerk
