Esmeralda County, Nevada Passes Resolution in Support of Second Amendment

On April 6, 2021, Esmeralda County, Nevada Commissioners passed a resolution in support of the Second Amendment. The resolution passed with a vote of 2 to 1. There was much discussion about this resolution, including dissent from Commissioner Hipp, but eventually, the resolution was passed.

Verification Citation/Source: Esmeralda County, NV – County Commissioners
Resolution date passed: 6 Apr 2021
Vote Count: 2 Aye – 1 Nay

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RESOLUTION OF THE ESMERALDA BOARD OF COUNTY COMMISSIONERS STATING ITS SUPPORT FOR THE RIGHT TO BEAR ARMS AND OPPOSITION TO ANY LAWS WHICH RESTRICT THE INDIVIDUAL RIGHTS OF THE CITIZENS OF THE UNITED STATES AS PROTECTED BY THE UNITED STATES CONSTITUTION AND ARTICLE 1, SECTION 11 OF THE CONSTITUTION OF THE STATE OF NEVADA

WHEREAS, the Second Amendment to the United States Constitution, adopted in 1791 as part of the Bill of Rights, states “the right of the people to keep and bear arms, shall not be infringed”; and

WHEREAS, the Fourth Amendment of the United States Constitution states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizure, shall not be violated, and no warrants shall be issued, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized; and

WHEREAS, the Sixth Amendment of the United States Constitution states: In all criminal prosecutions, the accused shall enjoy the right to speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and the cause of the compulsory process for obtaining witness in his favor, and to have the assistance of counsel for his defense; and

WHEREAS, the Fourteenth Amendment of the United States Constitution, Article 1, states: All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the state wherein they reside. No state shall make or enforce and 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, nor deny to any person within its jurisdiction equal protection of the laws; 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 militia; and

WHEREAS, the United States Supreme Court in McDonald v. City of 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 of the union; and

WHEREAS, the United States Supreme Court in the United States v. Miller, 307 U.S. 174 (1939), affirmed that the right to keep and bear arms for security and defense be the Second Amendment; and

WHEREAS, Article 1, Section 18 of the Constitution of the State of Nevada states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizure, shall not be violated; and no warrants shall be issued, but on probable cause, supported by oath or Affirmation, particularly describing the place or places to be searched, and the person or persons, and thing or things to be seized; and

WHEREAS, Article 1, Section 11 of the Constitution of the State of Nevada states: Every citizen has the right to keep and bear arms for security and defense, for the lawful hunting and recreational use and for other lawful purposes; and

WHEREAS, the right of the people to keep and bear arms for defense of life, liberty, and property is regarded as an inalienable right to the citizens of Esmeralda County; and

WHEREAS, the citizens of Esmeralda County derive personal and economic benefit from all safe forms of firearms recreation, hunting, and shooting conducted within Esmeralda County using all type of firearms allowable under the United States and Nevada Constitutions; and

WHEREAS, we, the Esmeralda Board of County Commissioners, take seriously the protection of our rights under the United States and Nevada Constitution; and

WHEREAS, in 2016 Esmeralda County voters overwhelmingly opposed State Question No. 1, which proposed to amend Chapter 202 of the Nevada Revised Statutes to prohibit, except in certain circumstances, a person from selling or transferring a firearm to another person unless a federally licensed dealer first conducted a federal background check; and

THEREFORE, BE IT RESOLVED, the Esmeralda Board of County Commissioners does hereby support the Constitutional rights of the citizens, including the Second Amendment and Article 1, Section 11 of the Nevada Constitution which protects the preexisting, inalienable and individual right, of the citizens of Esmeralda County to keep and bear arms; and

BE IT FURTHER RESOLVED, the Esmeralda Board of County Commissioners opposes the enactment of any legislation, state or federal, that would unconstitutionally infringe upon the lawful rights of residents to keep and bear arms, including the right of a private individual to sell or transfer their legally-owned firearms without undue government burden; and

BE IT FURTHER RESOLVED, the Esmeralda Board of County Commissioners affirms its support for the duly elected Sheriff of Esmeralda County, Nevada, in exercise of his lawful discretion and duties; and

NOW, THEREFORE, BE IT RESOLVED, the Esmeralda Board of County Commissioners opposes the enactment of any legislation, state or federal, that would unconstitutionally infringe upon the lawful rights of residents to keep and bear arms, including the right of private individuals to lawfully sell or transfer their legally owned firearms without undue government burden and to be free from unreasonable search and seizure.

The Esmeralda Board of County Commissioners will uphold the United States and Nevada Constitutions, and will act in conformity with our sworn duties as elected officials charged with public trust, and in conjunction with United States Supreme Court precedent. And that neither the United States Congress nor the Nevada Legislature should entertain consideration of any legislation that would infringe on constitutionally protected rights under the Second Amendment through any means, including additional restrictions on lawful firearms and accessories; or in the possession, use, sale or transfer of legitimately owned firearms.

The Esmeralda Board of County Commissioners fully supports the oath of office taken by its elected officials and adopts it as its own.

I,……..do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States, and the Constitution and government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state notwithstanding, and that I will well and faithfully perform all the duties of the office of…….., on which I am about to enter; (if an oath) so help me God: (if an affirmation) under the pains and penalties of perjury.

THE BOARD OF COUNTY COMMISSIONERS, ESMERALDA COUNTY, NEVADA

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