Franklin County, Missouri passes order in support of Second Amendment

On May 4, 2021, Franklin County, Missouri Commissioners passed a resolution in support of the Second Amendment. According to the published meeting minutes, Commission Order 2021-250, “In the Matter of Recognizing Law-Abiding Citizens’ Rights to Keep and Bear Arms,” the Order was passed unanimously. Second District Commissioner, Dave Hinson stated that “all Elected Officials should uphold the United States & Missouri Constitutions above all other Orders.” Hinson added that “he will uphold the United States and Missouri Constitutions over any other unconstitutional Order.”

Verification Citation/Source: Franklin County, MO – County Commissioners
Resolution date passed: 4 May 2021
Vote Count: 3 ayes – 0 nays.

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Commission Order No. 2021-251

Second Quarter Term 2021

COMMISSION ORDER

IN THE MATTER OF RECOGNIZING LAW-ABIDING CITIZENS’ RIGHTS TO KEEP AND BEAR ARMS

WHEREAS, the County Commission of the County of Franklin, Missouri (“County”) recognizes the importance of preserving the right to keep and bear arms (“Rights”) guaranteed by Constitution of the United States of America (“US Constitution”, attached as Exhibit A) and by Article 1, Section 23 of the Missouri Constitution, (“Missouri Constitution”, attached as Exhibit B) to Law-abiding Citizens, as defined in Section 3 of this Order; and 

WHEREAS, the County Commission will take all reasonable actions to support Law-abiding Citizens’ Rights to keep and bear arms as guaranteed under the US Constitution and the Missouri Constitution; and 

WHEREAS, the County Commission strongly promotes responsible gun ownership, including, but not limited to, parental supervision of minors in the proper use, storage, and ownership of all firearms; the prompt reporting of stolen firearms; and the proper enforcement of all laws regulating firearms, firearm accessories, or ammunition (“Firearms”) and the actions of Law-abiding Citizens and entities in Missouri that use, buy, sell, offer for sale, rent or lease Firearms as regulated by Chapter 571 of the Revised Statutes of Missouri and related laws and regulations duly passed by the State of Missouri (“Missouri Law”); and 

WHEREAS, the County Commission wholeheartedly supports the unalienable rights of our Law-abiding Citizens to bear arms and protect themselves. 

NOW, THEREFORE, the County Commission of the County of Franklin, Missouri Orders as follows:

Section 1. The County Commission hereby resolves that it wholeheartedly supports the US Constitution, especially the Second Amendment, the Missouri Constitution and Missouri Law.

Section 2. Further, the County Commission supports the rights of Law-abiding Citizens, including, but not limited to:

(a) the right not to be required to pay any tax, levy, fee, or stamp imposed specifically and exclusively on Firearms that is likely to create a chilling effect on the purchase or ownership of Firearms by Law-abiding Citizens;

(b) the right not to have Firearms or personally identifiable information of Law-abiding Citizens who are Firearms owners, or of Law-abiding Citizens who attend, host or conduct any Firearms class in Franklin County, Missouri transferred, transmitted, produced without a valid court order or the express written consent of related individuals, or, in the case of minors, the express written consent of the legal guardian of said minors;

(c) the right not to have Firearms confiscated from Law-abiding Citizens.

Section 3. For the purpose of this Order, the term “Law-abiding Citizen” shall mean a person who is an American citizen and who is not precluded under the Missouri Constitution or Missouri Law from possessing Firearms.

Section 4. The County Commission supports courts and law enforcement in upholding the US Constitution, the Missouri Constitution and Missouri Law and will stand by them as they continue to support the US Constitution, the Missouri Constitution, and Missouri Law and protect Rights of Law-abiding Citizens in Franklin County.

Section 5. This Order shall be known at the “Second Amendment Order”. 

Section 6. This Order shall be in full force and in effect from and after the date of its enactment.

Section 7. If any part of this Order is invalid for any reason, such invalidity shall not affect the remainder of this Resolution and Order.

EXHIBIT A 

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.

EXHIBIT B 

That the right of every citizen to keep and bear arms, ammunition, and accessories typical to the normal function of such arms, in defense of his home, person, family and property, or when lawfully summoned in aid of the civil power, shall not be questioned. The rights guaranteed by this section shall be unalienable. Any restriction on these rights shall be subject to strict scrutiny and the state of Missouri shall be obligated to uphold these rights and shall under no circumstances decline to protect against their infringement. Nothing in this section shall be construed to prevent the general assembly from enacting general laws which limit the rights of convicted violent felons or those adjudicated by a court to be a danger to self or others as result of a mental disorder or mental infirmity.

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