Garfield County, Utah passes ordinance in support of Second Amendment

On June 28, 2021, the Garfield County, Utah Commissioners passed an ordinance in support of the Second Amendment, and declared their county a Second Amendment Sanctuary. If you happen to know the vote count for this Ordinance, please let us know by emailing contact@sanctuarycounties.com.

Verification Citation/Source: Garfield County, UT – County Commissioners
Resolution date passed: 28 Jun 2021
Vote Count: Unknown.

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GARFIELD COUNTY, UTAH ORDINANCE NO. 2021-4 SECOND AMENDMENT SANCTUARY

AN ORDINANCE ESTABLISHING GARFIELD COUNTY, UTAH AS A SECOND AMENDMENT SANCTUARY COUNTY.

WHEREAS, Acting through the United States Constitution, the people created government to be their agent in the exercise of a few defined powers, while reserving to the citizens the right to decide on matters which concern their lives, liberty and property in the ordinary course of affairs; and

WHEREAS, The Second Amendment to the Constitution of the United States of America 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 right of the people to keep and bear arms is further protected from infringement by State and Local Governments under the Ninth, Tenth and Fourteenth Amendments to the Constitution of the United States of America; and

WHEREAS, The Supreme Court of the United States of America in District of Columbia vs. Heller recognized the individual’s right to keep and bear aims, as protected by the Second Amendment of the Constitution of the United States of America. Justice Antonin Scalia’s prevailing opinion in that case stated that the Second Amendment protects an individual’s right to possess a firearm unconnected with service in a militia, and the right to use that firearm for traditionally lawful purposes, such as self-defense within the home; and

WHEREAS, Section 1 of the Fourteenth Amendment to the Constitution of the United States of America states, “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 Supreme Court of the United States recognized in McDonald vs. City of Chicago that the Second Amendment to the Constitution was incorporated by the Fourteenth Amendment and thereby made applicable to the States; and

WHEREAS, Justice Thomas M. Cooley in the People vs. Hurlbut 24 Mich. 44, page 108 (1871), states: “The State may mold local institutions according to its views of policy or expediency: but local government is a matter of absolute right; and the state cannot take it away”; and

WHEREAS, The right to be free from the commandeering hand of government has been recognized by the United States Supreme Court in Print: vs. United States. The Court held: “The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program”; and

WHEREAS, Therefore, the right to keep and bear arms is a fundamental individual right that shall not be infringed; and all local, state, and federal acts, laws, orders, rules or regulations restricting the fundamental right to keep and bear arms that are not narrowly tailored to protect a compelling state purpose are in violation of the Second Amendment; and

WHEREAS, Local governments have the legal authority to refuse to cooperate with State and Federal firearm laws that violate those rights and to proclaim a Second Amendment Sanctuary for law-abiding citizens in their local jurisdiction.

It is hereby ordained by the Board of Commissioners of Garfield County, Utah as follows:

Section 1 PROHIBITIONS

1. Notwithstanding any other law, regulation, rule or order to the contrary, no agent, department, employee or official of Garfield County, a political subdivision of the State of Utah, while acting in their official capacity, shall: a. Knowingly and willingly, participate in any way in the enforcement of any Unlawful Act, as defined herein, regarding personal firearms, firearm accessories or ammunition.

b. Utilize any Garfield County assets, funds or funds allocated by any entity to Garfield County, in whole or in part, to engage in any activity that aids in the enforcement or investigation relating to an Unlawful Act in connection with personal firearms, firearm accessories or ammunition.

Section 2 PENALTIES

1. An “Unlawful Act” shall consist of any federal or state act, law, order, rule or regulation, which restricts an individual’s constitutional right to keep and bear arms, including any federal or state act, law, order, rule or regulation which bans or effectively bans, registers or effectively registers, or limits the lawful use of firearms, firearm accessories or ammunition. Any such “Unlawful Act”‘ is invalid in Garfield County and shall not be recognized by Garfield County, shall be considered null, void and of no effect and this includes, but shall not be limited to the following: 

a. Any tax, levy, fee or stamp imposed on firearms, firearm accessories or ammunition not common to all other goods and services on the purchase or ownership of those items by citizens;

b. Any registration or tracking of firearms, firearm accessories or ammunition; 

c. Any registration (except for those requirements associated with the point of sale) or tracking of the owners of firearms, firearm accessories or ammunition; 

d. Any act forbidding the possession, ownership or use of any type of firearm, firearm accessory or ammunition by citizens of the legal age of eighteen and over, other than pursuant to federal law background check requirements for transfers or purchases through FFL dealers; 

e. Any act ordering the confiscation of firearms, firearm accessories or ammunition from citizens;

f. Any prohibition, regulation and/or use restriction related to ownership or the constitutionally guaranteed lawful use or carry of firearms;

g. Any prohibition, regulation and/or use restriction limiting calibers, hand grips, stocks, flash suppressors, bayonet mounts, magazine capacity, clip capacity, internal capacity, suppressors or types of ammunition available for sale, possession or use by citizens; and 

h. Anyone within the jurisdiction of Garfield County, State of Utah, accused to be in violation of this Ordinance may be sued in the District Court of the State of Utah for declaratory and injunctive relief, damages and attorney’s fees. Neither sovereign nor official or qualified immunity shall be an affirmative defense in cases pursuant to this section.

2. Any peace officer may enforce this Ordinance. 

3. Any civil offense against this Ordinance shall be a Class A Misdemeanor, which shall be punishable by imprisonment up to 364 days, per UCA 76-3-204 and a maximum fine of $2,500 for an individual and $10,000 for a corporation, per UCA 76-3-301 and UCA 76-3-302.

Section 3 EXCEPTIONS

1. The protections provided to citizens by this Ordinance do not apply to persons who have been convicted of felony climes or who are prohibited from possessing firearms under Federal law and State law by a finding of a court of competent jurisdiction that such individual is incompetent. 2. This Ordinance is not intended to prohibit or affect in any way the prosecution of any clime for which the use of, or possession of, a firearm is an aggregating factor or enhancement to an otherwise independent crime.

3. This Ordinance does not prohibit individuals in Garfield County from voluntarily participating in assisting in permitting, licensing, registration or other processing of

applications for concealed carry permits, or other firearm, firearm accessory or ammunition licensing or registration processes that may be required by law.

4. This Ordinance does not prohibit excise tax on guns and ammunition remitted for hunting, fishing and other conservation efforts.

Section 4 CONFLICT

This Ordinance shall not nullify the more restrictive provisions of covenants, agreements, other Ordinances or laws but shall prevail notwithstanding such provisions which are less restrictive.

Section 5 SEVERABILITY

If any section of this Ordinance should for any reason be found invalid, by a court of competent jurisdiction, the remaining sections nevertheless be carried into effect.

Section 6 EFFECTIVE DATE

This Ordinance shall take effect upon its passage by a majority vote of the Garfield County Commission and following notice and publication as required by Utah State Code.

Section 7 ADOPTION

Passed and adopted by the Board of County Commissioners of Garfield County, Utah, this 28th day of June, 2021.

Garfield County Commission, Chair Leland F. Pollock

ATTEST:

Garfield County Auditor/Clerk Camille A. Moore

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