2nd amendment preservation ordinance

8/10/2019 2ND Amendment Preservation Ordinance

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Second Amendment Preservation Ordinance

_____________ County, the State of Oregon

1 Section 1.

2 THE PEOPE O! _____________ CO"#T$ !%#& THAT'

3 (hereas the Declaration of Independence states that people are endowed by their

Creator with certain unalienable Rights, ...to secure these rights, Governments are

instituted among Men deriving their just powers from the consent of the governed .

4 (hereas it is the natural tendency of civil government to expand beyond the limits of

its rightful Constitutional charge and to usurp authority and power which has not been

given to it through the delegated consent of the governed.

(hereas whenever the ends of government are perverted! public liberty is manifestly

endangered or threatened and all other means of redress are ineffectual! the "eople may!

and of right ought to! reestablish the original spirit of Constitutional #iberty.

$ (hereas non%resistance against arbitrary power and oppression is absurd! slavish and

destructive to the good and happiness of man&ind.

' (hereas (ohn )dams wrote in *) Dissertation on the Canon and +eudal #aw ,*'$-

I say RIG!", for such they #the people$have, undoubtedly, antecedent to all earthly

government, % Rights, that cannot be repealed or restrained by human laws % Rights,

derived from the great &egislator of the universe.'

/ (hereasthe 0upreme Court found in 12iranda v. )riona page 3/4 5.0. 46*

(here rights secured by the constitution are involved, there can be no rule ma)ing or

legislation which would abrogate them.'

6 (hereas (ustice 7homas 2. Cooley in 3"eople v. 8urlbut 14 2ich. 44! page *9/ ,*/'*-

surmises !he "tate may mould local institutions according to its views of policy or

e*pediency+ but local government is matter of absolute right+ and the state cannot ta)e

it away.'

1. 7eaching)merican8istory.org pro:ect of the )shbroo& Center! )shland 5niversity! ;hio parenthesis added

2. (ustia.com a leading online resource which publishes 5nited 0tates 0upreme Court Decisions

). 8arvard #aw o. *! 2ay *699! p. 19! on :stor.org? an online resource founded by "rinceton 5niv.

"res. @illiam A. Bowen to preserve scholarly academic :ournals. 0earch also the Cooley octrine - @i&ipedia

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*9 (hereas the Constitution of 7hese 5nited 0tates is the 0upreme #aw of the #and.

** (hereasthe 0econd )mendment to the Constitution of the 5nited 0tates of )merica

states ) well regulated 2ilitia being necessary to the security of a free 0tate! the right

of the people to &eep and bear )rms! shall not be infringed.

*1 (hereas the 0upreme Court! in the

*

District of Columbia v. 8eller ,199/- decision!affirmed the right to &eep and bear arms is unconnected to any service in a militia?

*3 (hereas the 0upreme Court! in 15nited 0tates v. 2iller ,*636-! opined that firearms

that are part of ordinary military euipment! with use that could contribute to the

common defense! are protected by the 0econd )mendment?

*4 (hereas7he >inth )mendment to the Constitution of the 5nited 0tates of )merica

states the enumeration in the Constitution! of certain rights! shall not be construed to

deny or disparage others retained by the people! % protects ancillary rights that are

closely related to the right to &eep and bear arms protected by the 0econd )mendment?

including the right to manufacture! transfer! buy and sell firearms! firearm accessories

and ammunition. 8ereinafter these shall be referred to as ancillary firearms rights.

* (hereas the 7enth )mendment to the Constitution of the 5nited 0tates of )merica

states 7he powers not delegated to the 5nited 0tates by the Constitution! nor

prohibited by it to the 0tates! are reserved to the 0tates respectively! or to the people.

*$ (hereas)rticle *! section 1' of the Constitution of the 0tate of ;regon states 7he

people shall have the right to bear arms for the defence of themselves! and the 0tate! but

the 2ilitary shall be &ept in strict subordination to the civil power.

*' (hereas)rticle *! section 33 of the Constitution of the 0tate of ;regon states 7his

enumeration of rights and privileges shall not be construed to impair or deny others

retained by the people. 7his section protects ancillary firearms rights that are closely

related to the right to &eep and bear arms protected by )rticle *! section 1' of the

Constitution of the 0tate of ;regon.

*/ (hereasthe +ourteenth )mendment to the Constitution of the 5nited 0tates of

)merica! 0ection * states >o state shall ma&e or enforce any law which shall abridge

the privileges or immunities of citiens of the 5nited 0tates? nor shall any 0tate deprive

any person of life! liberty! or property! without due process of law? nor deny to any

person within its :urisdiction the eual protection of the laws.

1 + 2. (ustia.com

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*6 (hereasthe +ourteenth )mendment to the Constitution of the 5nited 0tates of )merica

further guarantees the fundamental freedoms relating to firearms! protected by the

0econd! >inth and 7enth )mendments! against infringement by state and local

governmental action.

19 (hereasit is apparent that many proposed federal mandates! such as the 1* presidentialexecutive orders introduced in 19*3! and other acts! laws! orders! mandates! rules or

regulations regarding the restriction or confiscation of firearms! firearm accessories or

ammunition! violate the 0econd! >inth and 7enth )mendments to the Constitution of the

5nited 0tates of )merica.

1* (hereasit is apparent that many proposed state bills! such as the defeated 8B3199 of

19*3! and other state acts! laws! orders! mandates! rules or regulations regarding the

restriction or confiscation of firearms! firearm accessories or ammunition! violate the

+ourteenth )mendment to the Constitution of the 5nited 0tates of )merica! and )rticle

* sections 1' and 33 of the Constitution of the 0tate of ;regon.

11 (hereasit is therefore the duty of the "eople of EEEEEEEEEEEEE County! through the

agency of the lesser magistrates % local elected officials and sheriffs % to challenge the

civil government when and where it exceeds or threatens to exceed its bounds.

2) Section 2

2 THE-E!O-E, THE PEOPE O! _____________ CO"#T$ &O O-&A%# AS

!OO(S'

1 A. This Second Amendment Preservation Ordinance

1$ To reservethe right of the "eople of! on and in EEEEEEEEEEEEE County to

1. Feep and bear arms as originally understood? in self%defense and preservation! and in

defense of oneGs community and country.

2. +reely manufacture! transfer! sell and buy firearms! firearm accessories and

ammunition! which are designed primarily for the same purposes.

1' /. 7hese rights are retained by the "eople and protected by the aforementioned

Constitution of 7hese 5nited 0tates! and the Constitution of the 0tate of ;regon.

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1/ C. )ny regulation of the right to &eep and bear arms or ancillary firearms rights that

violate the 0econd! >inth! 7enth or +ourteenth )mendments to the Constitution of the

5nited 0tates of )merica! or )rticle *! sections 1' and 33 of the Constitution of the

0tate of ;regon! as articulated herein! shall be regarded by the "eople on and in

EEEEEEEEEEEEE County as unconstitutional? a transgression of the 0upreme #aw of the#and and its spirit of #iberty! and therefore by necessity void ab initio.

16 &. 7he "eople on and in EEEEEEEEEEEEE County do resolve by this instrument that

1. 7he EEEEEEEEEEEEE County Aovernment will not authorie or appropriate

government funds! resources! employees! agencies! contractors! buildings! detention

centers or offices for the purpose of enforcing any element of such acts! laws! orders!

mandates! rules or regulations! that infringe on the right by the people to &eep and bear

arms! including! but not limited to the following

39 a0


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. "rohibit the possession of firearms in public buildings or court facilities per ;


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43 E. 5nder county authority per ;

2nd amendment preservation ordinance

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