City Resolution supporting 2nd Amendment

[Michael Landon]

At last night's City Council meeting I introduced a Resolution supporting the 2nd Amendment and it passed 4-0. One of the Councilors tried to add an Amendment to it but it failed to get a "second" so it was not attached to my Resolution.

Here is the text of the Resolution:

A RESOLUTION IN OPPOSITION TO ANY FURTHER INFRINGEMENT OF SECOND AMENDMENT RIGHTS AND IN SUPPORT OF PROTECTING AND DEFENDING INDIVIDUAL SECOND AMENDMENT RIGHTS


WHEREAS, the City Council of XXXXX is sworn to uphold the Constitution of the United States of America; and

WHEREAS, a government of, by, and for the people has long been a cherished American value and the foundation of our freedom; and We The People's fundamental and inalienable right to self-govern, and thereby secure rights to life, liberty, property, and the pursuit of happiness is guaranteed in the U.S. Constitution and the Declaration of Independence; and

WHEREAS, the Second Amendment to the United States Constitution provides: "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 Second Amendment to the United States Constitution protects the inalienable and individual right of the people to keep and bears arms; and

WHEREAS, the Second Amendment to the United States Constitution was adopted in 1791 as part of the United States Bill of Rights; and

WHEREAS, the Ninth Amendment to the United States Constitution provides: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people"; and

WHEREAS, the Tenth Amendment to the United States Constitution provides: "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, federal acts, laws, orders, executive orders, rules, or regulations regarding firearms are an infringement upon and work to erode the freedoms preserved by the Second Amendment; and

WHEREAS, the United States Supreme Court in District of Columbia v. Heller ruled that the Second Amendment protects an individual's, rather than a collective, right to keep and bear arms; and

WHEREAS, the United States Supreme Court in McDonald v. City of Chicago opined that the right of an individual to keep and bear arms protected by the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the States; and

WHEREAS, the United States Supreme Court in the District of Columbia v. Heller decision affirmed the right to keep and bear arms is unconnected to any service in a militia; and

WHEREAS, the United States Supreme Court in United States v. Miller 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, the United States Supreme Court in South v. Maryland and Castle Rock v. Gonzales ruled that citizens do not have a constitutional right to police protection; and

WHEREAS, the Federal Government is currently taking measures to mandate or encourage restrictive gun control measures at the national level; and

WHEREAS, there have been discussions regarding plans to impose regulation on the manufacture, transfer and possession of firearms, ammunition and related materials by private citizens; and

WHEREAS, the citizens of XXXXX recognize their duty as citizens to act in accordance with the United States Constitution and agree that the right to keep and bear arms shall not be infringed upon by any government or organization, political or otherwise; and

WHEREAS, the City Council of XXXXX believes in the right of our citizens to keep and bear arms and opposes any infringement on the People's Constitutional rights to keep and bear arms; and

WHEREAS, the City Council of XXXXX supports the action by the Minnesota Legislature to protect our citizen's Second Amendment Rights.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of XXXXX as follows:

Section 1. The City Council of XXXXX supports the protection and defense of our Second Amendment freedom and the individual right to keep and bear arms, and we support the Minnesota Legislature in protecting those rights.

Section 2. The City Council of XXXXX opposes any further infringement on the Constitutional rights of citizens to acquire and possess firearms and ammunition and to use them in a safe and responsible manner.

Section 3. The City Council of XXXXX calls upon our state legislators and elected officials to join with us in the affirmation of the rights of our citizens under the Second Amendment of the United States Constitution.

Section 4. The City Council of XXXXX calls on other communities and jurisdictions to join with us in this action by passing similar resolutions.

Section 5. That copies of this Resolution be immediately transmitted to the President of the United States; the President of the United States Senate; the Speaker of the House of Representatives; each member of Congress from the State of XXXXXXXXXX; the justices of the United States Supreme Court; the Attorney General of the State of XXXXXXXXXX; the President of the Senate and the Speaker of the House of Representatives of the XXXXXXXXXX legislature; each individual legislator that represents our district in the State of XXXXX; and the Sheriff of XXXXX County.

----------------------------------------------------------

I "XXXX"ed out the City, County and State in case anyone on the RPF wanted to use it for their City Council.

Here is a copy of the Amendment the other councilor tried to add to my Resolution:

WHEREAS, it is important to protect the citizens of the United States from harm while adhering to the Second Amendment; and
WHEREAS, gun violence should not be tolerated; and
WHEREAS, it is government responsibility to enhance public safety by tightening existing laws in a responsible and focused manner, while protecting the rights of law-abiding gun owners,
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of XXXXX as follows,
Section 1. The City Council of XXXXX supports, restricting possession of ammunition magazines that hold more than 10 rounds.
Section 2. The City Council of XXXXX supports, regulates the sale of ammunition by requiring sellers to be licensed, buyers to undergo background checks and transactions to be recorded.
Section 3. The City Council of XXXXX proposes, allowing weapons that already are owned by "bullet buttons" that make it easy to detach magazines that are Minnesota compliant, but prohibiting "bullet buttons" on new weapons.
Section 4. The City Council of XXXXX proposes, limiting the lending of guns to non-family members who have not completed background checks.
Section 5. The City Council of XXXXX proposes, preventing gun sales to anyone on the government's "No Fly List" for terrorism suspect.

Needless to say, the Amendment didn't get anywhere.


I would encourage everyone to talk to their city councilors or township board members and ask them to pass similar Resolutions as the one I introduced.

- ML

[Natural Citizen]

Hey, way to get busy, Michael Landon. Good work, man.

I didn't like those Amendments either.

[TheTexan]

Nice! I had completely forgotten about city council resolutions.

Strongly worded city council resolutions used to be one of my favorite things to do, right behind strongly worded letters and strongly worded petitions.

[TheTexan]

Section 5. That copies of this Resolution be immediately transmitted to the President of the United States; the President of the United States Senate; the Speaker of the House of Representatives; each member of Congress from the State of XXXXXXXXXX; the justices of the United States Supreme Court; the Attorney General of the State of XXXXXXXXXX; the President of the Senate and the Speaker of the House of Representatives of the XXXXXXXXXX legislature; each individual legislator that represents our district in the State of XXXXX; and the Sheriff of XXXXX County.

Oh ya, that'll really show them!

Way to take decisive action!

[TheTexan]

I think more people should do this.

[Michael Landon]

As I said in the initial post, one Councilor tried to introduce an Amendment to my resolution but it failed to receive a second so it died. Unfortunately, he is bringing forth a new Amendment to be added to my originally passed Resolution.

That amendment is as follows:
CITY OF XXXXX
AMENDMENTS TO RESOLUTION NO. 37-16

WHEREAS, it is important to protect the citizens of the United States from harm while adhering to the Second Amendment, and
WHEREAS, gun violence should not be tolerated,
WHEREAS, it is government responsibility to enhance public safety by tightening existing laws in a responsible and focused manner, while protecting the rights of law-abiding gun owners,
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of XXXXX as follows,

Section 1. The City Council of XXXXX supports, restricting possession of ammunition magazines that hold more than 10 rounds.
Section 2. The City Council of XXXXX supports, regulates the sale of ammunition by requiring sellers to be licensed, buyers to undergo background checks and transactions to be recorded.
Section 3. The City Council of XXXXX proposes, allowing weapons that already are owned with "bullet buttons" that make it easy to detach magazines that are Minnesota compliant, but prohibiting "bullet buttons" on new weapons.
Section 4. The City Council of XXXXX proposes, limiting the lending of guns to non-family members who have not completed background checks.
Section 5. The City Council of XXXXX proposes, preventing gun sales to anyone on the government's "No Fly List" for terrorism suspect.
Section 6. The City Council of XXXXX proposes, preventing the sale of "green tip" SS109 and M855 cartridges.
Section 7. The City Council of XXXXX proposes, amending the Second Amendment to conform to the original intent of its draftsmen: "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the Militia shall not be infringed."
Section 8. The City Council of XXXXX proposes, requiring background checks for online sales and at guns shows.

------------------------------------

- ML

[bunklocoempire]

WHEREAS, it is government responsibility to enhance public safety by tightening existing laws in a responsible and focused manner, while protecting the rights of law-abiding gun owners,

That council member, to advance his amendment, will now clearly show that the government (police) are actually responsible for public safety. He will do this by providing documented court decisions.

He wouldn't want any bad amendments, would he? This IS about safety.

[Michael Landon]

The motion to Amendment the original Resolution failed by a 0-5 vote.

You can watch the discussion at this link:


The discussion starts at 1:27:52
My speech starts at 2:10:30

- ML

[Contumacious]

At last night's City Council meeting I introduced a Resolution supporting the 2nd Amendment and it passed 4-0. One of the Councilors tried to add an Amendment to it but it failed to get a "second" so it was not attached to my Resolution.

Here is the text of the Resolution:

A RESOLUTION IN OPPOSITION TO ANY FURTHER INFRINGEMENT OF SECOND AMENDMENT RIGHTS AND IN SUPPORT OF PROTECTING AND DEFENDING INDIVIDUAL SECOND AMENDMENT RIGHTS


WHEREAS, the City Council of XXXXX is sworn to uphold the Constitution of the United States of America; and

WHEREAS, a government of, by, and for the people has long been a cherished American value and the foundation of our freedom; and We The People's fundamental and inalienable right to self-govern, and thereby secure rights to life, liberty, property, and the pursuit of happiness is guaranteed in the U.S. Constitution and the Declaration of Independence; and

WHEREAS, the Second Amendment to the United States Constitution provides: "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 Second Amendment to the United States Constitution protects the inalienable and individual right of the people to keep and bears arms; and

WHEREAS, the Second Amendment to the United States Constitution was adopted in 1791 as part of the United States Bill of Rights; and

WHEREAS, the Ninth Amendment to the United States Constitution provides: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people"; and

WHEREAS, the Tenth Amendment to the United States Constitution provides: "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, federal acts, laws, orders, executive orders, rules, or regulations regarding firearms are an infringement upon and work to erode the freedoms preserved by the Second Amendment; and

WHEREAS, the United States Supreme Court in District of Columbia v. Heller ruled that the Second Amendment protects an individual's, rather than a collective, right to keep and bear arms; and

WHEREAS, the United States Supreme Court in McDonald v. City of Chicago opined that the right of an individual to keep and bear arms protected by the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the States; and

WHEREAS, the United States Supreme Court in the District of Columbia v. Heller decision affirmed the right to keep and bear arms is unconnected to any service in a militia; and

WHEREAS, the United States Supreme Court in United States v. Miller 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, the United States Supreme Court in South v. Maryland and Castle Rock v. Gonzales ruled that citizens do not have a constitutional right to police protection; and

WHEREAS, the Federal Government is currently taking measures to mandate or encourage restrictive gun control measures at the national level; and

WHEREAS, there have been discussions regarding plans to impose regulation on the manufacture, transfer and possession of firearms, ammunition and related materials by private citizens; and

WHEREAS, the citizens of XXXXX recognize their duty as citizens to act in accordance with the United States Constitution and agree that the right to keep and bear arms shall not be infringed upon by any government or organization, political or otherwise; and

WHEREAS, the City Council of XXXXX believes in the right of our citizens to keep and bear arms and opposes any infringement on the People's Constitutional rights to keep and bear arms; and

WHEREAS, the City Council of XXXXX supports the action by the Minnesota Legislature to protect our citizen's Second Amendment Rights.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of XXXXX as follows:

Section 1. The City Council of XXXXX supports the protection and defense of our Second Amendment freedom and the individual right to keep and bear arms, and we support the Minnesota Legislature in protecting those rights.

Section 2. The City Council of XXXXX opposes any further infringement on the Constitutional rights of citizens to acquire and possess firearms and ammunition and to use them in a safe and responsible manner.

Section 3. The City Council of XXXXX calls upon our state legislators and elected officials to join with us in the affirmation of the rights of our citizens under the Second Amendment of the United States Constitution.

Section 4. The City Council of XXXXX calls on other communities and jurisdictions to join with us in this action by passing similar resolutions.

Section 5. That copies of this Resolution be immediately transmitted to the President of the United States; the President of the United States Senate; the Speaker of the House of Representatives; each member of Congress from the State of XXXXXXXXXX; the justices of the United States Supreme Court; the Attorney General of the State of XXXXXXXXXX; the President of the Senate and the Speaker of the House of Representatives of the XXXXXXXXXX legislature; each individual legislator that represents our district in the State of XXXXX; and the Sheriff of XXXXX County.

----------------------------------------------------------

I "XXXX"ed out the City, County and State in case anyone on the RPF wanted to use it for their City Council.

Here is a copy of the Amendment the other councilor tried to add to my Resolution:

WHEREAS, it is important to protect the citizens of the United States from harm while adhering to the Second Amendment; and
WHEREAS, gun violence should not be tolerated; and
WHEREAS, it is government responsibility to enhance public safety by tightening existing laws in a responsible and focused manner, while protecting the rights of law-abiding gun owners,
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of XXXXX as follows,
Section 1. The City Council of XXXXX supports, restricting possession of ammunition magazines that hold more than 10 rounds.
Section 2. The City Council of XXXXX supports, regulates the sale of ammunition by requiring sellers to be licensed, buyers to undergo background checks and transactions to be recorded.
Section 3. The City Council of XXXXX proposes, allowing weapons that already are owned by "bullet buttons" that make it easy to detach magazines that are Minnesota compliant, but prohibiting "bullet buttons" on new weapons.
Section 4. The City Council of XXXXX proposes, limiting the lending of guns to non-family members who have not completed background checks.
Section 5. The City Council of XXXXX proposes, preventing gun sales to anyone on the government's "No Fly List" for terrorism suspect.

Needless to say, the Amendment didn't get anywhere.


I would encourage everyone to talk to their city councilors or township board members and ask them to pass similar Resolutions as the one I introduced.

- ML

Thanks


By the way the 2A was adopted by the Founders for emphasis only - it did NOT provide regulatory authority


I go further, and affirm that bills of rights, in the sense and to the extent in which they are contended for, are not only unnecessary in the proposed Constitution, but would even be dangerous. They would contain various exceptions to powers not granted; and, on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do? Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed? I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp, a plausible pretense for claiming that power. They might urge with a semblance of reason, that the Constitution ought not to be charged with the absurdity of providing against the abuse of an authority which was not given, and that the provision against restraining the liberty of the press afforded a clear implication, that a power to prescribe proper regulations concerning it was intended to be vested in the national government. This may serve as a specimen of the numerous handles which would be given to the doctrine of constructive powers, by the indulgence of an injudicious zeal for bills of rights."

Alexander Hamilton


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