Archive for the ‘Second Amendment’ Category

Fort Gay follows Putnam County in becoming Second Amendment Sanctuary – The Daily Athenaeum – thedaonline

Fort Gay, West Virginia, became the first city in West Virginia to declare itself as a Second Amendment sanctuary.

This declaration followed not long after Putnam County became the first county to adopt the policy in the state. This newly adopted policy signifies a resolution to reject any state or federal gun laws. This includes red flag laws, which are intended to take weapons away from those who may be a threat to others or to themselves, according to WDTV.

The resolution states: The County Commission of Putnam County, West Virginia is concerned about the passage of any law containing language that would unconstitutionally infringe upon the rights of the citizens of Putnam County to keep and bear arms.

It further states that the commission expresses its desire that public funds are not used to unconstitutionally restrict the Second Amendment rights of the citizens of Putnam County, or to aid federal or state agencies in the unconstitutional restriction of said rights.

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Fort Gay follows Putnam County in becoming Second Amendment Sanctuary - The Daily Athenaeum - thedaonline

Prosecutor, sheriff concerned over Second Amendment sanctuary resolution – Sentinel-Standard

IONIA A resolution to make Ionia County a Second Amendment sanctuary was tabled Tuesday after discussion with the county prosecutor and sheriff.

The Ionia County Board of Commissioners at its Jan. 21 meeting had an agenda item for a resolution making the county a Second Amendment sanctuary. Last week, resident Randy Schmid approached the board last week proposing the resolution after bills regulating gun control were introduced by the Democratic majority in the Virginia legislature leading to counties declaring themselves as "sanctuaries" that support the right to bear arms.

Ionia County District One Commissioner and Chair David Hodges invited Prosecutor Kyle Butler and Sheriff Charlie Noll to speak before the board took action. Their titles are mentioned in the proposed resolution.

Butler indicated he supports the Second Amendment and is a gun owner, but said I need to put my legal hat on. He said he and Noll have taken oaths to uphold the Constitution, but that the Constitution is not an exact science and that he wasnt sure it was time to go forward with the resolution.

It doesnt feel like theres been a vetting process of this resolution, Butler said.

Butler encouraged the board to speak with him, Noll and the county attorney before moving forward with a decision. Noll said he supports the right to bear arms but also agreed with Butler.

Butler thinks there needs to be more thought that goes into it before a vote is made.

It just strikes me as shocking that, frankly, the sheriff and I havent been consulted about this and I dont believe the county lawyer really hasnt been necessarily consulting about this much either, Butler said. Thats surprising to me.

Butler also said he and Noll are elected officials and the county board doesnt have control over decisions beside budgets.

This resolution almost seems to blur that separate distinct bodies, Butler said.

Were elected, were independent and were going to uphold the Constitution as were supposed to do, Noll said.

District Five Commissioner Scott Wirtz said he was OK with Butler and Noll speaking with their peers in other counties and send the resolution back to the county attorney.

Lynn Mason of the Ionia County Democratic Party spoke during public comment opposing the resolution, saying there needs to be a public hearing. Deb Smith, the concealed pistol license clerk from Ionia County, called the resolution pretty vague."

Scott Parmalee, a District Seven resident, is the chairperson for Michigan for Second Amendment sanctuary counties group. It started as a Facebook group and has accumulated more 73,000 members since Christmas 2019 for the Second Amendment.

As a group we see the Second Amendment is under attack across the country, Parmalee said.

During the second public comment, Parmalee said the resolution was not supposed to be a binding document that holds weight over state or federal law. He said the goal is for Michigan to not become Virginia especially in light of the upcoming 2020 election.

Contact reporter Evan Sasiela at esasiela@sentinel-standard.com. Follow him on Twitter @SalsaEvan.

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Prosecutor, sheriff concerned over Second Amendment sanctuary resolution - Sentinel-Standard

Were afraid theyll take our guns, N.J.’s newest 2nd Amendment town says – NJ.com

Another New Jersey municipality has adopted a pro-Second Amendment resolution, following a lengthy debate touching on gun laws, domestic violence, self-defense, misinformation and even a reference to weapons restrictions in Nazi Germany.

The Stillwater Township Committee adopted a resolution declaring Stillwater a Second Amendment / Lawful Gun Owner Township" on Tuesday night, but not everyone in the room was cheering.

Some in the audience of more than 60 spoke in opposition to the resolution, which does not supersede any state or federal laws, before it was approved in a 3-1 vote.

It resembled resolutions passed in at least seven other New Jersey municipalities since December.

Stillwater Mayor Lisa Chammings cast the lone dissenting vote, stating that while she supports the Second Amendment she was not comfortable with the part of the resolution claiming that red flag laws - statutes that allow for removing weapons from someone judged a threat to themselves or others - had been "misapplied and misused and run afoul of the U.S. Constitution.

I know the amount of domestic violence this township went through, Chammings, whose late father was Stillwaters last police chief, told the audience from the dais.

She also alluded to the suicide of a police officer.

The governing body in Stillwater, located in Sussex County, undertook the resolution at the behest of Assemblyman Parker Space, R-24th District, who voted against New Jerseys 4-month-old red flag law. The four committee members who voted Tuesday are Republicans.

Space spoke several times during Tuesdays meeting. He outlined a hypothetical confrontation involving Stillwater committee member Vera Rumsey in asserting that New Jerseys red flag law could facilitate a false allegation against him.

With red flag laws, we can sit down and have coffee - Vera and I, or Committeewoman Rumsey, and we could be talking about different things and she could feel - maybe, He was talking about Donald Trump and I dont like him, and I felt kind of threatened by what he had to say, and then she could, in return, report me, and then pretty soon theyre coming to my door, taking my firearms away, Space said.

Space, though, was describing a different process than exists under New Jerseys red flag law, formally known as the Extreme Risk Protective Order Act of 2018.

It allows for a judge in response to a request from family or household members, or law enforcement to order the removal of guns and ammunition from someone who poses a significant danger of bodily injury to self or others, as described in the statute.

The legislation received crossover support from many Republicans, passing the Senate by 32-5 and Assembly by 59-12. At least 17 other states have similar laws, including Florida, where Space at one point acknowledged owning property.

Some in the audience who spoke in support of the resolution, though, appeared to pick up on the idea that the red flag law, and others, are simply a pretense for seizing weapons. There was applause when one speaker drew a parallel to gun restrictions under the Nazis in Germany.

Kathleen Marshall, who spoke in opposition to the resolution, expressed dismay at the outcome.

Im heartbroken, Marshall, a Stillwater resident since 1992, told NJ Advance Media.

I love my town. I think theres a lot of misinformation and ignorance about what the actual laws are. They go right to, theyre taking our guns away, and thats not what this is about, Marshall said.

Kathleen Marshall, a Stillwater resident who addressed the township committee in opposition to the resolution, remains at the meeting following the vote, Jan. 21, 2020Rob Jennings / NJ Advance Media for NJ.com

After Donna Price, a Stillwater resident, spoke in opposition to the resolution and disagreed with Spaces characterization of red flag laws, a man in the audience asked her if she felt threatened by him.

I do, Price said.

In response, the man responded, perhaps facetiously, that Space might get in trouble as a result.

You just got red-flagged, the man said.

Tuesdays meeting, while at times tense, remained civil. Every seat in the room, which has a maximum capacity of 55, was taken, and there appeared to be up to two dozen others standing along the side and back walls and just outside the door.

Kaitlyn Hammerle, a Stillwater resident, spoke in support of the resolution.

All it is saying is that Stillwater respects and supports the lawfully abiding gun ownership of all the residents. It avoids using the word sanctuary, which could be misconstrued as allowing illegal firearms," Hammerle said in a reference to a version of the resolution adopted in West Milford and, last week, by the Cape May County freeholder board.

Mike Vrabel of Sparta spoke in opposition. He said the current laws do not violate the rights of law-abiding gun owners and refuted assertions from Second Amendment advocates that increasing access to guns would save lives.

Vrabel, a U.S. Air Force veteran, alluded to a friendly-fire incident in 1989 in Panama, that he witnessed, that claimed the life of a 19-year-old Army Ranger.

As far as the good guy with a gun theory, I understand the emotional appeal of that, said Vrabel, a member of the Sussex County chapter of Brady formerly the Brady Campaign to Prevent Gun Violence.

Ask yourself, if an incident happens, and you are armed, and you have your concealed carry permit which I know is almost impossible in New Jersey are you up to the task, because even an Army Ranger can falter, Vrabel said.

As he concluded, someone from the audience shouted, How many people were saved in Texas - a reference to a gunman at a Texas church who was fatally shot by another church member Dec. 29, but not before the gunman killed two people inside the building.

Votes in additional places seem likely. Space has asked municipalities in Sussex and Warren counties, along with both freeholder boards, to consider pro-Second Amendment resolutions.

Two Sussex County freeholders, board director Sylvia Petillo and Herb Yardley, attended Tuesdays meeting but did not address the Stillwater committee.

Assemblyman Parker Space, R-24th District, in hat, with Sussex County Freeholder Herbert Yardley at the township committee meeting in Stillwater, Jan. 21, 2020Rob Jennings / NJ Advance Media for NJ.com

In contrast with the mayor, George Scott, the townships deputy mayor, offered unambiguous support for the totality of the resolution.

Im concerned that theyre going to come in and take my guns, Scott said.

Chammings, while stating her support for the Second Amendment, said she could not back the resolution without hearings specific problems regarding red flag laws.

I dont know how its being misused or misapplied, she told NJ Advance Media following the vote, in quoting back the part of the resolution that gave her pause.

Stillwater is home to about 3,900.

Rob Jennings may be reached at rjennings@njadvancemedia.com. Follow him on Twitter@RobJenningsNJ. Find NJ.com on Facebook.

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Were afraid theyll take our guns, N.J.'s newest 2nd Amendment town says - NJ.com

HB 2093 Introduced to Nullify Any Violation of 2nd Amendment Laws – Prescott eNews

Reps. Biasiucci, Blackman, and Carroll Fight to Prevent Liberal Gun Control Efforts

STATE CAPITOL, PHOENIX Representatives Leo Biasiucci (R-5), Walt Blackman (R-6), and Frank Carroll (R-22) have introduced HB 2093, a bill that would nullify any act, law, treaty, order, rule or regulation that violates the Second Amendment of the United States Constitution.

The Second Amendment guarantees vital liberties, just like the First Amendment protects the freedom of speech and the Fourth Amendment prevents unreasonable searches and seizures, said Representative Biasiucci. We stand with law-abiding gun owners to ensure they are never disarmed in the name of political posturing.

Progressive activists will stop at nothing to disarm the public, said Representative Blackman. It is time we send a message that we as a state wont put the safety of our families and communities in jeopardy by allowing unconstitutional overreaches.

We see, in states like Virginia, a coordinated attack on the Second Amendment and law-abiding citizens, said Representative Carroll. Here in Arizona, we want to make sure that radical politicians, nationally or locally, wont encroach on our constitutional rights.

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HB 2093 Introduced to Nullify Any Violation of 2nd Amendment Laws - Prescott eNews

Second Amendment reargument, petition to be made – News – Corning Leader

ThursdayJan23,2020at7:23PM

Montgomery Blair Sibley will reargue his claim that the First Amendment prohibits New York from sealing from the public the reasons for granting or not granting pistol permit applications before Judge Nasca at 9:30 a.m. Jan. 27 at the Steuben County Courthouse, Building 3, Courtroom D, 3 East Pulteney Square, Bath.

Judge Wiggins entered his Decision & Judgment dismissing the lawsuit on November 22, 2019, holding: As to Petitioner's argument that the statute is unconstitutional as an infringement on his Second Amendment rights, the Constitutionality of the statute has been repeatedly upheld.

However, Sibley did not argue that the limitations on release of Pistol Permit applications violated the Second Amendment. Rather, Sibley argued that it was the First, not the Second, Amendment which Sibley raised as mandating access to the Pistol Permit Applications. That motion can be viewed here at bit.ly/2vdbysY. A copy of Sibleys Freedom of Information Law lawsuit can be viewed at bit.ly/2sVYkjI.

At the same time, a petition will be presented to the Steuben County Legislature to declare Steuben County a Second Amendment sanctuary county. The petition can be viewed at bit.ly/2RnWQrC.

For background on the lawsuits and Sibley: bit.ly/37tbYKg.

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Second Amendment reargument, petition to be made - News - Corning Leader