Indian River County, Florida is a Second Amendment Sanctuary

On July 13, 2021, the Indian River County Florida Board of County Commissioners passed a resolution declaring the county a Second Amendment Sanctuary. The resolution passed unanimously with a vote of 5-0. Major kudos to Jeff, Paul, Lamarre, and all the other patriots who pushed so hard to make this happen.

Verification Citation/Source: Indian River County, FL – Board of County Commissioners
Resolution date passed: 13 Jul 2021
Vote Count: 5 Aye – 0 Nay

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RESOLUTION 2021-047

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING INDIAN RIVER COUNTY A SECOND AMENDMENT SANCTUARY.

WHEREAS, the Constitution of the United States is the supreme law of our nation; and

WHEREAS, the Second Amendment to the Constitution states, “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 U.S. Supreme Court in the District of Columbia v. Heller, 554 U.S. 570 (2008), affirmed that the Second Amendment right to keep and bear arms is not connected in any way to service in a militia; and

WHEREAS, the Fourteenth Amendment to the Constitution states that “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 of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws”; and

WHEREAS, the U.S. Supreme Court, in McDonald v. City of Chicago, 561 U.S. 742 (2010), affirmed that a person’s Second Amendment right to “keep and bear arms” is further secured by the “due process” and the “privileges and immunities” clauses of the Fourteenth Amendment. This decision also protects rights closely related to the Second Amendment, namely the right to manufacture, transfer, purchase, and sell firearms, accessories, and ammunition; and

WHEREAS, the Tenth Amendment to the Constitution states that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the People”; and

WHEREAS, the U.S. Supreme Court found in Printz v. United States, 521 U.S. 898 (1997), that the Federal government cannot compel law enforcement officers of the States to enforce federal laws as it would increase the power of the Federal government far beyond that which the Constitution intended; and

WHEREAS, Article I, Section 8, of the Florida Constitution states that “the right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law”; and

WHEREAS, due to dual sovereignty of the U.S. Constitution, the Federal government has no authority to enforce state laws and States cannot be compelled to enforce Federal laws; and

WHEREAS, the first protectors of the U.S. Constitution are the County Sheriffs, and “we the people of the United States of America” and our ability to fulfill that role successfully rests on our Second Amendment rights.

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:

SECTION 1. The above recitals are true and correct and incorporated in this Resolution.

SECTION 2. The Indian River County Board of County Commissioners hereby declares Indian River County as a Second Amendment Sanctuary in order to preserve for the People of Indian River County their rights as guaranteed by the Constitution of the United States of America.

SECTION 3. We the People of Indian River County, Florida, through this resolution, hereby declare our rights, our freedom, and our liberty as guaranteed by the Constitution of the United States of America.

SECTION 4. A certified copy of this resolution shall be provided to Governor Ron Desantis, the Indian River County Legislative Delegation and Congressman Bill Posey.

SECTION 5. This Resolution shall become effective upon adoption.

This resolution was moved for adoption by Commissioner Peter D. O’Bryan, and the motion was seconded by Commissioner Joseph E. Flescher and, upon being put to a vote, the vote was as follows:

Chairman Joseph E. Flescher – AYE
Vice Chairman Peter D. O’Bryan – AYE
Commissioner Susan Adams – AYE
Commissioner Joseph H. Earman – AYE
Commissioner Laura Moss – AYE

The Chairman thereupon declared the resolution duly passed and adopted this 13th day of July, 2021.

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