On April 22, 2021, Ray County, Missouri Commissioners passed a Second Amendment Preservation Court Order. Commissioner Powell made a motion to sign Court Order 2021-04-01 also called the 2nd Amendment/ Sanctuary County Court Order. Commissioner Wilhite seconded the motion and it carried 3-0.
Verification Citation/Source: Ray County, MO – County Commissioners
Resolution date passed: 22 Apr 2021
Vote Count: 3-0.
Second Amendment Preservation Court Order
Whereas, The 2nd Amendment to the Constitution for the United States reads as follows, 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, Article 1, Section 23 of the constitution of Missouri reads as follows, 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 inalienable. 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 danger of self or others as result of a mental disorder of mental infirmity; and
Whereas, the right to be free from the commandeering hand of the federal government has been most notably recognized by the Supreme Court of the United States in Printz v. United States when the Court held: The Federal Government may neither issue directives requiring the States to address particular problems, not command the States’ Officers, or those of their political subdivisions, to administer or enforce a federal regulatory program; and
Whereas, the anti-commandeering principals recognized by the Supreme Court of the United States in Printz v. United States are predicated upon the advice of James Madison, who in Federalist #45 advised “a refusal to cooperate with officers of the Union” in response to either unconstitutional federal measures or constitutional but unpopular federal measures, and
Whereas, In Section 21.750 RSMo, “The general assembly hereby occupies and preempts the entire field of legislation touching in anyway firearms, components, ammunition, and supplies to complete exclusion of any order, ordinance or regulation by any political subdivision of this state.” And, thereby leaves this statutory defense of the right to keep and bear arms largely in the hands of the general assembly.
NOW, THEREFORE BE IT RESOLVED that the county of Ray, Missouri hereby reaffirms its full commitment to the 2nd Amendment of the Constitution for the United States and Article 1, Section 23 of the Constitution of Missouri.
BE IT FURTHER RESOLVED THAT THE County of Ray, Missouri considers all federal acts, laws, orders, rules, or regulations restricting firearms, firearms accessories, and ammunition to be violations of the 2nd Amendment to the Constitution for the United States: and of any mentally competent citizen in good standing with state laws that do not prohibit that citizens Right to own a Firearm.
BE IT FURTHER RESOLVED that pursuant to and in furtherance of the principals of federalism enshrined in the Constitution of the United States, the federal government may not commandeer officers, agents, or employees of the County of Ray or any political subdivision of the State of Missouri to participate in enforcement or implementation of any federal act or regulatory program: and
BE IT FURTHER RESOLVED that the intent of this Court Order to support legislation in the Missouri General Assembly that would protect the employees of this county, including law enforcement officers, from orders or other pressure to participate in actions that would violate their oath of office and the individual rights affirmed under the 2nd Amendment to the Constitution of the Constitution of the United States and Article 1, Section 23 of the Constitution of Missouri; and
BE IT FURTHER RESOLVED that the Commissioners and Sheriff of the County of Ray express full support of the passage of House Bill 85, as passed by the House of Representatives on February 4, 2021, or Senate Bill 39, as passed by the Senate General Laws Committee on January 26, 2021, including accountability provisions; and
BE IT FURTHER RESOLVED That the County of Ray urges all other political subdivisions of the State of Missouri, on behalf of their residents, to pass a similar Court Order in support of passing House Bill 85 and Senate Bill 39 into law during the 2021 legislative session: and
BE IT FURTHER RESOLVED that the County of Ray intends to vigorously uphold the right of the people too keep and bear arms.
Bob King, King, Presiding Commissioners
Dave Powell, Eastern Commissioner
Gary Wilhite, Western Commissioner
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