Kearney County, Nebraska passes Resolution in support of Second Amendment

On May 4, 2021, Kearney County, Nebraska Supervisors passed a resolution in support of the Second Amendment. The resolution passed unanimously.

Verification Citation/Source: Kearney County, NE – Board of Supervisors
Resolution date passed: 4 May 2021
Vote Count: 7 Aye – O Nay.

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RESOLUTION NO. 2021 – 0011

Support of the Second Amendment

BE IT RESOLVED BY THE CHAIRPERSON AND COUNTY BOARD OF SUPERVISORS OF KEARNEY COUNTY, NEBRASKA, as follows: 

WHEREAS, the Second Amendment to the United States Constitution, adopted in 1791 as part of the Bill of Rights, protects the inalienable and individual right of the people to keep and bear arms, and provides “A well regulated Militia, being necessary to the security of a free State, and the right of the people to keep and bear Arms, shall not be infringe;” and 

WHEREAS, the Supreme Court in the District of Columbia v. Heller, 554 U.S. 570 (2008), decision affirmed an individual’s right to possess firearms, unconnected with service in a militia, for traditionally lawful purposes, such as self-defense within the home; and, 

WHEREAS, the Supreme Court in McDonald v. Chicago, 561U.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; and 

WHEREAS, the Supreme Court, in United States v. Miller, 307 U.S. 174 (1939), opined that firearms that are part of ordinary military equipment, or with use that could contribute to the common defense are protected by the Second Amendment; and 

WHEREAS, Article I, Section I-1 of the Constitution of Nebraska provides that “All persons are by nature free and independent, and have certain inalienable rights; among these are life, liberty, the pursuit of happiness, and the right to keep and bear arms for security or defense of self, family, home, and others, and for lawful common defense, hunting, recreational use, and all other lawful purposes, and such rights shall not be denied or infringed by the state or any subdivision thereof. To secure these rights, and the protection of property, governments are instituted among people, deriving their just powers from the consent of the governed.”; and 

WHEREAS, Article I, Section 1-7 of the Constitution of Nebraska provides that “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.”; and 

WHEREAS, Article E, Section 1-16 of the Constitution of Nebraska provides that “No bill of attainder, ex post facto law, or law impairing the obligation of contracts, or making any irrevocable grant of special privileges or immunities shall be passed.”; and 

WHEREAS, Article I, Section 1-21 of the Constitution of Nebraska provides that “The property of no person shall be taken or damaged for public use without just compensation therefor.”; and 

WHEREAS, it is the desire of the County Board to declare its support of the Second Amendment to the United States Constitution and the Nebraska Constitution protecting citizens’ inalienable and individual right to keep and bear arms; and 

WHEREAS, the Kearney County Board of Supervisors wishes to express its intent to stand as a Sanctuary County for Second Amendment rights and to oppose, within the limits of the Constitution of the United States and the State of Nebraska, any efforts to unconstitutionally restrict such rights, and to use such legal means at its disposal to protect the rights of the citizens of Kearney County to keep and bear arms, including through legal action, the power to appropriate public funds, the right to petition for redress of grievances, and the power to direct the law enforcement and employees of Kearney County to not enforce any unconstitutional law. 

WHEREAS, the members of this County Board took an oath to support and defend the United States Constitution, the Constitution of the State of Nebraska and the laws of the State of Nebraska, insofar as they are constitutional. 

NOW, THEREFORE, BE IT RESOLVED by the Kearney County Board of Supervisors in Kearney County, Nebraska by the authority granted the Board by the laws of the State of Nebraska and people of Kearney County, Nebraska, we hereby declare that we shall stand and defend the rights and liberties of all county citizens, which are guaranteed by the United States and Nebraska Constitutions.

BE IT FURTHER RESOLVED that the Kearney County Board of Supervisors hereby express its intent that it will not support any future law, rather passed by any state or federal government through legislation, regulation, executive order or otherwise, that would create new or additional requirements for gun ownership that would infringe upon the rights of the citizens of Kearney County to keep and bear arms, including such laws that would require mandatory education or training classes, insurance requirements, fees or taxation for gun ownership and further that Kearney County Board of Supervisors will direct law enforcement and employees of Kearney County to not enforce any unconstitutional laws. 

BE IT FURTHER RESOLVED that this Board of County Supervisors affirm its support for the duly elected Sheriff of Kearney County, Nebraska, in the exercise of his or her sound discretion and affirms its resolve to support decisions by our Sheriff to defend the Constitution of the United States and the Constitution of the State of Nebraska.

Dated this 4th day of May 2021

ATTEST:
Myra Johnson, Kearney County Clerk

Brent Stewart, Chairperson of the Kearney County Board of Supervisors
Larry Landstrom, Vice Chairperson of the Kearney County Board of Supervisors
Wayne Anderson, Member
Ross Bruning, Member
Richard Schwenka, Member
Robert Swanson, Member
James Miller, Member

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