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HomeMy Public PortalAbout20.04 Second Amendment Safe HavenRESOLUTION: 2020-4 A RESOLUTION OF THE CITY OF CRESTVIEW, FLORIDA SUPPORTING THE OKALOOSA COUNTY COMMISSION'S ADOPTION OF RESOLUTION 2019-211 DECLARING OKALOOSA COUNTY A "SECOND AMENDMENT SAFE-HA VEN", AND DECLARING THE CITY OF CRESTVIEW A "SECOND AMENDMENT SAFE-HAVEN CITY; PROIDBITING THE USE CITY FUNDS ALLOCATED TO THE CRESTVIEW POLICE DEPARTMENT FOR THE USE OF MANPOWER, EQUIPMENT, OR ANY PUBLIC PROPERTY IN ANY ACTION RELATING TO FEDERAL LAW OR FEDERAL AGENCY DIRECTIVES OR REQUESTS FOR ASSISTANCE IN COLLECTING, SEIZING, OR CATALOGING PERSONAL FIREARMS OF COUNTY GUN OWNERS; AND OPPOSING ANY STATE OR FEDERAL LEGISLATION DESIGNED TO RESTRICT THE OWNERSIDP AND POSSESSION OF ANY SEMI-AUTOMATIC RIFLES OR SHOTGUNS TO INCLUDE THOSE "MISLABELED" AS "ASSAULT-WEAPONS"; SUPPORTING OUR MILITARY PERSONNEL BEING ARMED; AND MAKING OTHER LEGISLATIVE AMENDMENTS AND RECOMMENDATIONS. WHEREAS, the Constitution of the United States rules supreme and its 2nd Amendment 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" and the U.S. Supreme Court in the District of Columbia v. Heller, 554 U.S. 570 (2008), affirmed the Second Amendment right to keep and bear arms is not connected in any way to service in a militia; and in the U.S. Supreme Comt in United States v. Miller, 307 U.S. 174 (1939), stated that firearms that are part of ordinary military equipment with use that could contribute to the common defense are protected by the Second Amendment; and WHEREAS, the U.S. Supreme Court found in Miranda v. Arizona, 384 U.S. 436 (1966), that, "where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them"; and the Fomteenth Amendment to the Constitution 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, libe1ty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws"; and WHEREAS, the U.S. Supreme Court found in Printz v. United States, 521 U.S. 898 (1997), that the Federal government cannot compel law enforcement officers of the States to enforce federal laws as it would increase the power of the Federal government far beyond that which the Constitution intended; and WHEREAS, the Okaloosa County Commission adopted a Resolution declaring Okaloosa County a Second Amendment Safe-Haven County; and WHEREAS, the City Council is resolved to support this decision and to declare that the City of Crestview will be a Second Amendment Safe-Haven; and Page 54 of 168 NOW THEREFORE, BE IT RESOLVED AND DECLARED by the City of Crestview City Council as follows: Section 1. The above recitals are true and correct and incorporated in this Resolution. Section 2. The Council hereby resolves to support the Okaloosa County commission's decision to be a Second Amendment Safe -Haven in order to preserve for the people of and in Okaloosa County, their rights guaranteed by the Constitution of the United States of America and the State of Florida, and encourages all citizens and visitors to purchase firearms lawfully and arm themselves under state law in order to defend life, limb, and property; to practice firearms sport and recreation; and ensure our country remains free of the tyranny of an oppressive, unconstitutional government. Section 3. The Council hereby declares the City of Crestview to be a Second Amendment Safe -Haven City. Section 4. This resolution shall become effective upon adoption Duly Adopted, This 27th day of January, 2020. By: May .B. Whitten Attest: Elizalfeth Roy, City Clerk Page 55 of 168