Commissioner Lowery Ask for Input on a 2nd Amendment Sanctuary Ordinance

“Never trust a government that doesn’t trust its own citizens with guns”-Benjamin Franklin

Dade County Commission passed a resolution to become a 2^nd Amendment sanctuary to help protect our right to have and bear arms.  However, this action was largely seen as symbolic and not clear on what legal affects the resolution would have.  About a year ago I met with Sheriff Ray Cross who stated, “Lamar, Dade County needs a local law i.e., ordinance so all levels of our local government can protect our 2^nd Amendment rights.”  After many long hours of research and drawing up draft after draft and running each draft by our county attorney, the final draft (see attachment) was sent to our county attorney as well as the attorney for the Association of County Commissioners of Georgia (ACCG)  and is now ready to be presented to the commission and the citizens of the county.

The ordinance states that no county resources, anything owned or paid for by the taxpayers of Dade County, shall not be used to enforce federal gun restrictions or gun accessories laws.  This law is meant to stop federal intrusion and commandeering of any county resources.  I have the support of the County Executive, Ted Rumley, my fellow commissioners, and Sheriff Ray Cross.  I would like to have any Dade County citizen who believes in the 2^nd Amendment and supports this ordinance to contact me to have their name and (contact information if you so choose) added to a petition of support.   Call or text – 423-661-4411 or email – [email protected]

Lamar Lowery

District 1 Commissioner

                                                 COUNTY OF DADE STATE OF GEORGIA

                                                                    ORDINANCE NO. —–

SECOND AMENDMENT ORDINANCE; PROHIBITING USE OF COUNTY RESOURCES TO ENFORCE GUN RESTRICTIONS OR GUN ACCESSORY LAWS IN VIOLATION OF STATE LAWS; AND FOR OTHER SUCH PURPOSES.

WHEREAS, Dade County (the “County”) is a political subdivision duly created and validly existing under the laws of the State of Georgia (the “State”);

WHEREAS, the Board of Commissioners of Dade County, Georgia, is the county governing authority for Dade County, Georgia;

WHEREAS, as a subdivision of the State of Georgia, counties are under the direct control of the State to carry out State policies and enforce State laws;

WHEREAS, the United States Supreme Court has affirmed an individual’s right to possess firearms, unconnected with service in the militia, for traditionally lawful purposes, such as self-defense within the home (District of Columbia v. Heller, 2008);

WHEREAS, the United States Supreme Court has affirmed that the right of an individual to “keep and bear arms” is protected under the Second Amendment and is incorporated by the Due Process Clause of the Fourteenth Amendment (McDonald v. Chicago, 2010);

WHEREAS, Article I, Section I, Paragraph VIII of the Constitution of the State of Georgia, entitled “Anns, right to keep and bear,” provides that “[t]he right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne”;

WHEREAS, O.C.G.A § 1-2-6(a)(9) lists the right to keep and bear arms among the rights of the citizens of the State of Georgia;

WHEREAS, the United States Supreme Court has affrrmed (Prinz v. United States. 1997) that the federal government of the United States cannot compel state law enforcement officers to enforce federal laws, including federal gun control laws and regulations;

WHEREAS, the Tenth Amendment to the United States Constitution provides that the powers not delegated to the federal government, nor prohibited by it to the States, are reserved to the States; and

WHEREAS, the County Sheriff, Clerk of Superior Court, Tax Commissioner, and Probate Judge are constitutional officers created and established by the Constitution of the State of Georgia, and are provided substantial discretion in the manner of carrying out their legal responsibilities.

NOW, THEREFORE,  BE  IT  ORDAINED  AND  ENACTED  by  the  Board  of

Commissioners of Dade County, Georgia, and in support of the Second Amendment rights of Dade County citizens, no county resources shall be used to enforce gun restrictions or gun accessory laws that are in violation of the laws of the State of Georgia.

• This ordinance shall not limit the authority of any State, County, or other governmental agency to enforce any other applicable laws, rules, regulations, or
• In the event any section, subsection, sentence, clause, or phrase of this ordinance is declared or adjudged to be unconstitutional, or otherwise contrary to law, such adjudication shall in no manner affect any other section, subsection, sentence, clause or phrase, and shall remain in full force and effect as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part
• This ordinance shall become effective immediately upon its adoption, and all

ordinances in conflict with this ordinance are repealed to the extent of the conflict.

PASSED AND ADOPTED on this_ day of’

BOARD OF COMMISSIONERS DADE COUNTY, GEORGIA

BY:                                                                      

TED M. RUMLEY

Chairperson/County Executive

ATTEST:

BY:                                                                      

DON TOWNSEND

County Clerk