2021-047 - Laserfiche WebLink

Home Browse Search

RESOLUTION 2021 - 047 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING INDIAN RIVER COUNTY A SECOND AMENDMENT SANCTUARY. WHEREAS, the Constitution of the United States is the supreme law of our nation; and WHEREAS, the Second Amendment to the Constitution 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 U.S. Supreme Court in the District of Columbia v. Heller, 554 U.S. 570 (2008), affirmed that the Second Amendment right to keep and bear arms is not connected in any way to service in a militia; and WHEREAS, the Fourteenth Amendment to the Constitution states that "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 U.S. Supreme Court, in McDonald v. City of Chicago, 561 U.S. 742 (2010), affirmed that a person's Second Amendment right to "keep and bear arms" is further secured by the "due process" and the "privileges and immunities" clauses of the Fourteenth Amendment. This decision also protects rights closely related to the Second Amendment, namely the right to manufacture, transfer, purchase, and sell firearms, accessories, and ammunition; and WHEREAS, the Tenth Amendment to the Constitution states that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the People"; and WHEREAS, the U.S. Supreme Court found in Printz v. United States, 521 U.S. 898 (1997), that the Federal government cannot compel law enforcement officers of the States to enforce federal laws as it would increase the power of the Federal government far beyond that which the Constitution intended; and WHEREAS, Article I, Section 8, of the Florida Constitution states that "the right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law"; and