HomeMy WebLinkAbout2021-047RESOLUTION 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
RESOLUTION 2021 - 047
WHEREAS, due to dual sovereignty of the U.S. Constitution, the Federal government has
no authority to enforce state laws and States cannot be compelled to enforce Federal laws; and
WHEREAS, the first protectors of the U.S. Constitution are the County Sheriffs, and "we
the people of the United States of America" and our ability to fulfill that role successfully rests on
our Second Amendment rights.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1. The above recitals are true and correct and incorporated in this Resolution.
SECTION 2. The Indian River County Board of County Commissioners hereby declares
Indian River County as a Second Amendment Sanctuary in order to preserve for the People of
Indian River County their rights as guaranteed by the Constitution of the United States of America.
SECTION 3. We the People of Indian River County, Florida, through this resolution,
hereby declare our rights, our freedom, and our liberty as guaranteed by the Constitution of the
United States of America.
SECTION 4. A certified copy of this resolution shall be provided to Governor Ron
DeSantis, the Indian River County Legislative Delegation and Congressman Bill Posey.
SECTION 5. This Resolution shall become effective upon adoption.
This resolution was moved for adoption by Commissioner Peter D. O'Bryan , and
the motion was seconded by Commissioner Joseph E. Flescher and, upon being put to a
vote, the vote was as follows:
Chairman Joseph E. Flescher
AYE
Vice Chairman Peter D. O'Bryan
AYE
Commissioner Susan Adams
AYE
Commissioner Joseph H. Earman
AYE
Commissioner Laura Moss
AYE
RESOLUTION 2021 - 047
The Chairman thereupon declared the resolution duly passed and adopted this 136' day of July,
2021.
Attest: Jeffrey Smith, Clerk of the
Court and Comptroller
By
eputy Clerk
Approved as to form and legal Sufficiency:
Dylan Reingold
County Attorney
Approved: fl
�1
Jason . Br wn
Count dministrator
INDIAN RIVER COUNTY, FLORID�,o�X'T........ s,
By its Board of County Commissiodrst
By ;o
o h . Flescher airman :%
Approval Date: July 13 , 2021