Richardson County Board resolution declares right to bear arms

FALLS CITY – The Richardson County Board adopted a resolution Tuesday declaring the right to bear arms.

The resolution recognizes the adoption of the Bill of Rights in 1791 and the U.S. Supreme Court opinion that ordinary military equipment that could contribute to the common defense are protected by the Second Amendment.

Resolution: “It is the desire of the county board to declare its support of the Second Amendment to the United States Constitution and the Nebraska Constitution protecting citizens’ inalienable and individual right to keep and bear arms …”

The resolution also affirms the elected sheriff’s discretion and supports decisions by the sheriff to defend the Constitution.

In other action, Highway Superintendent Steve Darveau is seeking qualified bidders for inspections on 37 bridges this year.

The county also adopted a resolution in anticipation of $1.5 million in federal funds through the American Rescue Plan.

RESOLUTION 2020-2021-39

 

                BE IT RESOLVED BY THE CHAIRPERSON AND COUNTY BOARD OF COMMISSIONERS OF THE COUNTY OF RICHARDSON, NEBRASKA, as follows:

 

            WHEREAS, the Second Amendment to the United States Constitution, adopted in 1791 as part of the Bill of Rights, protects the inalienable and individual right of the people to keep and bear arms; and

            WHEREAS, the Supreme Court in the District of Colombia v. Heller, 554 U.S. 570 (2008), decision affirmed an individual’s right to possess firearms, unconnected with service in a militia, for traditionally lawful purposes, such as self-defense within the home; and

            WHEREAS, the Supreme Court in McDonald v. Chicago, 561 U.S. 742 (2010), affirmed that right of an individual to “keep and bear arms,” as protected under the Second Amendment, is incorporated by the Due Process Clause of the Fourteenth Amendment; and

            WHEREAS, the Supreme Court in United States v. Miller, 307 U.S. 174 (1939), 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, Article 1, Section 1-1 of the Constitution of  Nebraska provides that “All persons have certain inalienable rights; among these are life, liberty, the pursuit of happiness, and the right to keep and bear arms for security or defense of self, family, home, and others, and for lawful common defense, hunting, recreational use, and all other lawful purposes, and such rights, and the protection of property, governments are instituted among people, deriving their just powers from the consent of the governed.”; and

            WHEREAS, Article 1 Section 1-7 of the Constitution of Nebraska provides that “The right of the people to be secure in their person, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.”; and

            WHEREAS, Article 1, Section 1-16 of the Constitution of Nebraska provides that “No bill of attainder, ex post facto law, or law impairing the obligation of contracts, or making any irrevocable grant of special privileges or immunities shall be passed.”: and

            WHEREAS, Article 1, Section 1-21 of the Constitution of Nebraska provides that “The property of no person shall be taken or damaged for public use without just compensation therefor.”; and

            WHEREAS, it is the desire of the County Board to declare its support of the Second Amendment to the United States Constitution and the Nebraska Constitution protecting citizens’ inalienable and individual right to keep and bear arms; and

            WHEREAS, the members of this Board took an oath to support and defend the United States Constitution, the Constitution of the State of Nebraska and the laws of the State of Nebraska, insofar as they are constitutional.

            NOW, THEREFORE, BE IT RESOLVED by the Richardson County Board of Commissioners by the authority granted the Board by the laws of the State of Nebraska and people of Richardson County, Nebraska, we hereby declare that we shall stand and defend the rights and liberties of all county citizens, which are guaranteed by the United States and Nebraska Constitutions.

            BE IT FURTHER RESOLVED that this Board affirms its support for the duly elected Sheriff of Richardson County, Nebraska in the exercise of his sound discretion and affirms its resolve to support decisions by our Sheriff to defend the Constitution of the United States and the Constitution of the State of Nebraska.

ADOPTED this ___________day of ______________, 2021.

 

                                                            RICHARDSON COUNTY BOARD OF COMMISSIONERS

                                                           

 

                                                            _____________________________

                                                            David D. Sickel, Chairman

 

                                                            _____________________________

                                                            John Caverzagie

 

                                                            _____________________________

                                                            Rick Karas

 

 

ATTEST:

 

___________________________________________

Mary L. Eickhoff, Richardson County Clerk

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