Editor's note: Following is the complete text of the proposed orinance currently before the Wallowa County Board of Commisioners. (See story).
November 2013 - Wallowa County State of Oregon
2nd Amendment Preservation Ordinance
THE PEOPLE OF WALLOWA COUNTY FIND THAT:
Whereas 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 have not been given to it by our Creator - the sole Grantor of our unalienable natural rights - nor delegated to it by the consent of the governed.
Whereas whenever the ends of government are perverted, public liberty is manifestly endangered or threatened and all other means of redress are ineffectual, the People may, and of right ought to, reestablish the original spirit of Constitutional liberty.
Whereas non-resistance against arbitrary power and oppression is absurd, slavish and destructive to the good and happiness of mankind.
Whereas John Adams wrote in a Dissertation on the Canon and Feudal Law 1765:
"You have rights antecedent to all earthly governments; rights that cannot be repealed or restrained by human laws; rights derived from the Great Legislator of the Universe."
Whereas Alexander Hamilton asserts in Federalist Paper # 78: "...No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers may do, not only what their powers do not authorize, but what they forbid."
Whereas in the Virginia Resolution of 1798, James Madison, together with Thomas Jefferson resolve that when the federal government violates its Constitutionally limited powers, local governments "have the right, and are in duty bound, to interpose their powers to stop the progress of evil, and keep within their respective limits, the authorities, rights and liberties belonging to themselves."
Whereas the Constitution of These United States is the Supreme Law of the Land.
Whereas the Second Amendment to the Constitution of the United States of America
states: "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."
Whereas, the 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;
Whereas, the Supreme Court, in United States v. Miller, opined that firearms that are part of ordinary military equipment, with use that could contribute to the common defense, are protected by the Second Amendment;
Whereas the Ninth Amendment to the Constitution of the United States of America
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 keep and bear arms protected by the Second Amendment; including the right to manufacture, transfer, buy and sell firearms, firearm accessories and ammunition. Hereinafter these shall be referred to as "ancillary firearms rights."
Whereas the Tenth Amendment to the Constitution of the United States of America states: "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."
Whereas Article 1 Section 27 of the Constitution of the State of Oregon states: "The people shall have the right to bear arms for the defense of themselves, and the State, but the Military shall be kept in strict subordination to the civil power."
Whereas Article I Section 33 of the Constitution of the State of Oregon states: "this enumeration of rights, and privileges shall not be construed to impair or deny others retained by the people," - protects ancillary firearms rights that are closely related to the right to keep and bear arms protected by Article I, Section 27 of the Constitution of the State of Oregon.
Whereas the Fourteenth Amendment to the Constitution of the United States of
America, Section 1 states: "...No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
Whereas the Fourteenth Amendment to the Constitution of the United States of America further guarantees the fundamental freedoms relating to firearms, protected by the Second, Ninth and Tenth Amendments, against infringement by state and local governmental action.
Whereas it is apparent that most current or proposed federal mandates, such as the 21 presidential executive orders introduced earlier this year, and other acts, laws, orders, mandates, rules or regulations regarding the restriction or confiscation of firearms, firearm accessories or ammunition, violate the Second, Ninth and Tenth Amendments to the Constitution of the United States of America.
Whereas it is apparent that most current or proposed state bills, such as the defeated HB3200 of this year, and other state acts, laws, orders, mandates, rules or regulations regarding the restriction or confiscation of firearms, firearm accessories or ammunition, violate the Fourteenth Amendment to the Constitution of the United States of America, and Article 1 Section 27 and Section 33 of the State of Oregon Constitution.
Whereas it is therefore the duty of the People of Wallowa 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.
THEREFORE, THE PEOPLE OF WALLOWA COUNTY DO ORDAIN AS
A. This 2nd Amendment Preservation Ordinance
To preserve the right of the People of, on and in Wallowa County to:
1. Keep and bear arms as originally understood; in self-defense and preservation, and in defense of one's community and country.
2. Freely manufacture, transfer, sell and buy firearms, firearm accessories and ammunition, which are designed primarily for the same purposes.
B. These rights are retained by the People and protected by the aforementioned U.S.A. and Oregon State Constitutions.
C. Any regulation of the right to keep and bear arms or ancillary firearms rights that violate the Second, Ninth, Tenth or Fourteenth Amendments to the Constitution of the United States of America, Article 1, Section 27 and Section 33 of Constitution of the State of Oregon, as articulated herein, or any international treaties, including the United Nations Arms Trade Treaty, that equally infringe on our unalienable right to keep and bear arms, shall be regarded by the People on and in Wallowa County as unconstitutional; a transgression of the Supreme Law of the Land and its spirit of Liberty, and therefore by necessity void ab initio.
D. The People on and in Wallowa County do resolve by this instrument that:
1. The Wallowa County Government will not authorize 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 keep and bear arms, including, but not limited to the following:
a) Registration requirements for existing lawfully owned firearms;
b) Prohibitions, regulations, and/or use restrictions related to ownership of non-
fully automatic firearms, including but not limited to semi-automatic firearms; includingsemi-automatic firearms that have appearance characteristics or features similar to fullyautomatic firearms and/or military "assault style" firearms;
c) Prohibitions limiting hand grips, stock, flash suppressors, bayonet mounts, magazine capacity, clip capacity, internal capacity, or types of ammunition available forsale, possession or use;
d) Registration and background check requirements beyond those customarily required at time of purchase prior to December 2012;
e) Restrictions prohibiting the possession, carry or transport of lawfully acquired firearms or ammunition by law abiding adult citizens or minors supervised by adults
E. This Ordinance acknowledges provisions of preexisting law that:
1. Prohibit the sale to or possession of firearms by certain felons per ORS 166.270;
2. Prohibit the sale to or possession of firearms by individuals who have been adjudicated mentally ill and a danger to self and others per ORS 426.130.
A. If any county employee, elected or appointed official or officials, administrative agency head, or other Wallowa County entity is found in violation of this ordinance, they shall be liable as set forth herein.
B. If the county court determines that an offense was knowing and willful, the court shall charge a maximum of a class A misdemeanor, or assess a violation of up to $4000 against the elected or appointed local official or officials, county employee, administrative agency head, or other county entity. *
C. Except as required by applicable law, county funds may not be used to defend or reimburse the unlawful conduct of any person found to have knowingly and willfully violated this ordinance.
D. A knowing and willing violation of this ordinance by a person acting in an official capacity for Wallowa County shall be cause for termination of employment or contract or removal from office.
A. Effective Date
This ordinance takes effect within 30 days of being adopted by the Wallowa County Board of Commissioners.