Shawano Board Passes Amended Version of 2nd Amendment Resolution – tchdailynews.com
SHAWANO, WI- The Shawano County Board voted to pass the long-awaited 2nd Amendment Resolution with some changes to the original resolution.
The resolution to declare Shawano Countys Vigorous Support of the Peoples Second Amendment Right to Keep and Bear Arms passed on a 24-3 vote with Supervisors Kimberly Leffel, William Switalla and Joe Miller voting no.
Prior to the vote, Supervisor Kathy Luepke made a motion to amend the resolution to eliminate the portion that addressed the duty of the County Sheriff in regards to enforcement. Luepkes request to remove the second Be it further resolved section was approved by the board. That vote removed the section that stated;
Be it further resolved that Shawano County shall not appropriate any funds for any enforcement of unconstitutional laws against the people of Shawano County, and requests the Sheriff to utilize his discretion to avoid the unlawful enforcement of any law which unconstitutionally impedes our fundamental Second Amendment right to Keep and Bear Arms.
That vote did not come without discussion. Luepke originally requested having the third piece of the resolution removed as well. That portion states Be it further resolved, that the Shawano County Board, hearing the will of its constituents, hereby declares Shawano County to be a Second AmendmentSanctuary County.
The board was advised to split the motion for the amendment into two separate votes, one for each section.
Everyone seems to have different opinions on what sentences to leave in, Supervisor Deb Noffke said.
The board voted 20-7 to split the amendment to the resolution into two votes. The board then voted 18-9 in favor of eliminating the language that requests the Sheriff to utilize his discretion to avoid the unlawful enforcement of any law which unconstitutionally impedes our fundamental Second Amendment right to Keep and Bear Arms.The next vote was on eliminating the portion that stated Be it further resolved, that the Shawano County Board, hearing the will of its constituents, hereby declares Shawano County to be a Second Amendment Sanctuary County.That vote failed and it was a 15-12 vote to keep the wording in.
Supervisor Deb Noffke then made a motion to return the wording Be it further resolved that Shawano County shall not appropriate any funds for any enforcement of unconstitutional laws against the people of Shawano County.
Thats a no-brainer, said Noffke. Kathy Luepke said she did not agree. If Shawano County is spending money on laws that are unconstitutional, we have a huge problem, she said. If we do that, we should attach that onto every resolution we pass.Given the strength of our legislature in Madison and their inability to do what is common sense sometimes, I would leave that in there, Jerry Erdmann responded.
Noffke said it is about local enforcement. We could get another one of those madidates that someone dreams up in the bathroom overnight, and the question is Shawano County. Why should we pay for enforcement of things that the court systems might deem unconstitutional anyway? It is possible that we get an unfunded mandate and I think we should say no.
The board voted 16-11, however, not to re-add that line to the resolution.
The discussion then began on the passing of the newly amended resolution. Supervisor Joe Miller addressed his concern of backlash on social media.
If anyone of us vote no on this is automatically raises a red flag that we do not support the constitution, it is not that simple, he said. Miller also addressed a discussion that Sheriff Adam Biebers had with WTCH radio where he expressed his hope to see who votes yes. That could be very easily interpreted as a potential for retaliation. Miller said it is something that he will not tolerate. I can be your best cheerleader but I can be your staunch enemy as well.
Supervisor Jerry Erdmann expressed his desire to defend the constitution. This resolution does nothing more than say that we support the second amendment and I will support it simply on the fact that I had guys next to me that did not make it back and they took an oath to defend the constitution and I am darn well sure that I will make sure that their memory of doing so does not die.
The question was called by Noffke that vote took place. In the end, the approved resolution reads:
Now, therefore, be it resolved by the Shawano County Board of Supervisors, in session this 24th day of March, 2021, that it hereby opposes the enactment of any legislation unlawfully infringing on our rights under the Second Amendment, and further makes clear that all law-makers are hereby urged tohonor the Second Amendment, as well as Article 1, Section 25 of the Wisconsin Constitution, and to be vigilant in their duty to avoid improperly or unconstitutionally abridging a citizens right thereunder to keep and bear arms.Be it further resolved, that the Shawano County Board, hearing the will of its constituents, hereby declares Shawano County to be a Second Amendment Sanctuary County.
Prior to the vote, three members of the community spoke in favor of not passing the resolution.
Usually it is court that determines if a law in unlawful, but this resolution makes us read between the lines, said John Culhane.
Jackie Miller addressed her concern with giving Sheriff Adam Bieber the ability to utilize his discretion to avoid the unlawful enforcement I am an avid hunter and my entire family owns guns but I think the board passing this resolution is very ill advised, she said. We have a Sheriff who, in my opinion, he runs around like a class clown, and you are going to allow that person to determine if a law is unconstitutional, she asked? I am not sure he is all there and if you do something that he does like, he will retaliate.
Nearly two dozen members of the community we present for the discussion and the vote. Prior to the vote, County Board Chairman Tom Kautza said he felt it was his duty to bring the issue to full board after it was requested in committee last year before COVID-19 hit. The discussions on the issue have been ongoing in Shawano County for nearly a year since it was first brought up.
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Shawano Board Passes Amended Version of 2nd Amendment Resolution - tchdailynews.com
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