On April 27, 2021, Big Spring City, Texas Councillors passed a resolution in support of the Second Amendment. The resolution passed unanimously.
Verification Citation/Source: Big Spring City, TX – City Council
Resolution date passed: 27 Apr 2021
Vote Count: 6 Aye – 0 Nay
RESOLUTION NO. 014-2021
A RESOLUTION OF THE BIG SPRING CITY COUNCIL EXPRESSING ITS SUPPORT OF THE SECOND AMENDMENT OF THE UNITED STATES CONSTITUTION; ITS REFUSAL TO ACCEPT, FUND, OR PARTICIPATE IN UNCONSTITUTIONAL RESTRICTIONS ON LEGAL GUN OWNERSHIP; AND DECLARING THE CITY OF BIG SPRING, TEXAS TO BE A “SECOND AMENDMENT STRONGHOLD”; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, 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
WHEREAS, the Tenth Amendment to the United States Constitution reads, “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 Fourteenth Amendment to 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 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, Article 1, Section 23 of the Texas Constitution states, “Every citizen shall have the right to keep and bear arms in lawful defense of himself or state; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime”; and
WHEREAS, Article 1, Section 24 of the Texas Constitution states, “The military shall at all times be subordinate to Civil Authority”; and
WHEREAS, Article 1 Section 29 of the Texas Constitution states, “To guard against the transgressions of the higher powers herein delegated, we declare that everything in this Bill of Rights, is excepted out of the powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void”; and
WHEREAS, the United States Supreme Court in the McDonald v. City of Chicago (2010) decision affirmed that a person’s Second Amendment rights to “keep and bear arms” is further secured by the “due process” and the “privileges and immunities” clauses of the Fourteenth Amendment and said 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, in light of the provisions listed above and documents supported, the City Council of the City of Big Spring, Texas recognize that current propositions of both the state and federal government with regards to the Second Amendment are incontrovertibly contrary to what is enshrined the United States and Texas Constitutions; and
WHEREAS, it is recognized that the last line of defense of the United States Constitution and the sovereignty of our nation are our local elected officials and “We the People”, and our ability to fulfill that role successfully rests upon our Second Amendment rights. We, the people of Big Spring, Texas, as represented by our local elected officials, through this resolution do hereby declare our rights, our freedom, and our liberty, as guaranteed by the Constitutions of Texas and the United States of America; and
WHEREAS, nothing in this resolution is intended to alter nor nullify current state or federal gun laws and regulations imposed on convicted felons nor persons adjudicated to be mentally incompetent, including without limitations restrictions contained in Chapter 46 of the Texas Penal Code or current state or federal regulations regarding currently legally owned firearms;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BIG SPRING, TEXAS, THAT: By the authority granted to the City Council by the laws of the State of Texas and held in trust for the people of Big Spring, Texas, and in keeping with their sworn oath to stand and defend the rights and liberties which are guaranteed by the United States and Texas Constitutions, The City Council of the City of Big Spring, Texas does declare that:
“THE CITY OF BIG SPRING, TEXAS IS A “SECOND AMENDMENT STRONGHOLD” AND THE INHERENT RIGHT OF ITS CITIZENS TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED.”
BE IT FURTHER RESOLVED, that the City Council of the City of Big Spring, Texas affirms and directs its Mayor and City Manager in the exercise of their sound discretion and affirms its resolve to support these officers in their efforts to uphold the Constitutions of both Texas and of the United States; and
BE IT FURTHER RESOLVED, that the City Council of the City of Big Spring, Texas shall not, under any circumstances, authorize or appropriate city funds towards, or allow the use of City resources, employees, agencies, contractors, buildings, detention centers or offices for, or cooperate with state and federal officials in, the purpose of enforcing laws that have been found to be unconstitutionally infringing upon the right of the citizens of Big Spring, Texas to keep and bear arms in accordance with Article 1 Sections 23, 24, and 29 of the Texas Constitution and decided in “District of Columbia v. Heller” (2008) and “McDonald v. Chicago (2010) in regard to interpretations of, and protections provided by, the Second Amendment of the Constitution of the United States.
This Resolution shall take effect immediately after passage in accordance with the provisions of the Charter of the City of Big Spring, and it is accordingly so resolved.
PASSED AND APPROVED on first reading at a regular meeting of the City Council on the 13th day of April, 2021 with Councilmembers Hughes, Thomason, McDonald and Smith voting “aye” for the passage of same. Councilmembers Ornelas and Tompkins, being opposed, voting “nay” for the passage of same.
PASSED AND APPROVED on second and final reading at a regular meeting of the City Council on the 27th day of April, 2021 with all members of the Council voting “aye” for the passage of same.
Tami L. Davis, Interim City Secretary
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