Publius-Huldah's Blog

Understanding the Constitution

Model Right to Keep and Bear Arms Resolution for Counties

This Resolution was written for Virginia Counties and quotes from Virginia’s State Constitution.

I changed the title to be consistent with the Principle that the Right has a transcendent origin which pre-exists and pre-dates our Constitution.

If you would like me to address your State Constitution, email me at publiushuldah@gmail.com

Please note:  I reason from First Principles set forth in our two Founding Documents.

*     *     *

WHEREAS, our Declaration of Independence is the Fundamental Act of our Founding and part of the Organic Law of our Land and recognizes that our Rights come from the Creator God; and that among these Rights is the Right of self-defense; and

WHEREAS, our Declaration of Independence recognizes that the purpose of government is to secure the Rights God gave us; and

WHEREAS, the Constitution of the United States is one of enumerated powers only; and WE THE PEOPLE did not grant to the federal government any power whatsoever over the Country at Large to restrict our arms; and

WHEREAS, the Second Amendment of the Constitution of the United States acknowledges: “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

WHEREAS, Article I, §13 of the Constitution of the State of Virginia acknowledges: “That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed;…”

NOW THEREFOR, BE IT RESOLVED:

1. That all federal laws, regulations, judicial opinions, and other edicts for the Country at Large which pretend to restrict THE PEOPLES’ arms in any fashion whatsoever are unlawful as in violation of our Declaration of Independence; and are unconstitutional as outside the scope of powers granted to the federal government in the Constitution of the United States; and as in violation of the Second Amendment; and

2. That all State laws, regulations, judicial opinions, and other edicts purporting to apply to the State at Large which pretend to restrict THE PEOPLES’ arms in any fashion whatsoever are unlawful as in violation of our Declaration of Independence; and are unconstitutional as in violation of Article I, §8, clauses 15 and 16 of the Constitution of the United States [those clauses permitting the Congress to require Citizens of the States to be armed and trained]; as in violation of the Second Amendment of the Constitution of the United States; and as in violation of Article I, §13 of the Constitution of the State of Virginia.

AND BE IT FURTHER RESOLVED by the _____________ County Board of Supervisors that the Board intends to vigorously uphold the Right of the Citizens to be armed; and in addition thereto intends at subsequent times and dates to adopt the following measures:

1. Funding for weapons training for Citizens residing in this County, including firearms safety training in ______________ County public schools;

2. Provisions to eliminate funding for enforcement of any pretended laws, regulations, judicial opinions, or other edicts which violate our Declaration of Independence and any of the above-described federal or state constitutional provisions; and

3. Other provisions as the Board may deem necessary or appropriate for the purposes stated above.

It is so RESOLVED, this ________ day of _____________, 2020.

Signatures, etc.

Notes:

1. The use of the term, “for the Country at Large”, with respect to federal edicts; and “to the State at Large”, with respect to State edicts, is not accidental.

While our US Constitution delegates only “enumerated powers” to Congress over the Country at Large; it delegates “general legislative powers” to Congress over the federal enclaves listed at Article I, §8, cl. 17. The exercise by Congress of its legislative powers over the federal enclaves is restricted by the “Bill of Rights”, including the Second Amendment.  So while Congress is prohibited from making for these federal enclaves, any laws which infringe the Right of The People “to keep and bear Arms”; Congress may properly require individuals visiting inmates in federal prisons, the psych ward of military hospitals, the mint, federal courthouses, and other such federal enclaves, to leave their arms in their vehicles.

In stark contrast with the federal Constitution, State Constitutions typically [and foolishly] grant “general legislative powers” over the State at Large to the State legislature. The exercise of these general legislative powers is restricted only by the Declaration of Rights in the State Constitution [as well as by contradictory provisions in the US Constitution].

So while State Legislatures are prohibited from infringing the Rights of Citizens to keep and bear arms throughout the State at Large; State Legislatures may properly require individuals visiting inmates in State or County prisons or jails, County or State courthouses, and such like, to leave their arms in their vehicles.

2. And remember!  That any provision in any State Constitution which purports to disarm the Citizens of the State would be unconstitutional as in violation of the Second Amendment, and as in violation of Article I, §8, clauses 15 & 16, US Constit., which provide for the organizing, arming and training of the Militia.  Since Congress has the power to require Citizens to be armed and trained [and Congress exercised that power when it passed the Militia Act of 1792 link], any provision in any State Constitution [or State statute] which interferes with such power is unconstitutional within the meaning of the Supremacy Clause (Art. VI, cl. 2, US Constit.).

3.  And here are Michael Boldin’s (Tenth Amendment Center) kind words on this Resolution:  https://www.youtube.com/watch?v=DsLWuAIXAPA  Thank you, Michael!

revised Jan. 29-30, 2020

 

January 28, 2020 - Posted by | 2nd Amendment, armed citizens, gun control, Red Flag Laws, Second Amendment Resolutions | , , , , ,

18 Comments »

  1. I have emailed you regarding a resolution for Oregon. I think ours should be easy if one looks at Article 1, Section 27 and Article X.

    Like

    Comment by Jeff Hill | February 4, 2020 | Reply

  2. I do not know how to request your effort to write a “Resolution” to fit the State of Wisconsin. I trust you will have more than one request but will not rely on that being the case. Should you do this for the sake of Our Freedom, I request you send it to me so I can do my level best to get it moved to appropriate places where it can have the most benefit. Thank you.

    Like

    Comment by Exring | February 2, 2020 | Reply

  3. A resolution has no force of law and is therefore useless. What is needed is legislation.

    Like

    Comment by DENNIS | February 2, 2020 | Reply

  4. Wow! I am amazed at all the requests I got! I’ll get to each of you – but not as fast as I would have liked. thank you for your interest! We must Not let them take our arms.

    Liked by 2 people

    Comment by Publius Huldah | January 31, 2020 | Reply

  5. […] More… […]

    Like

    Pingback by The Best “2nd Amendment” Resolution By Far…So Far? | NCRenegade | January 31, 2020 | Reply

  6. In the first block of resolutions, point 2, in the context of state laws, it says “…as in violation of the Second Amendment of the Constitution of the United States…”.

    Does this lend credence to the terrible incorporation doctrine?

    Like

    Comment by Aaron Webb | January 30, 2020 | Reply

    • Very astute question!!!! Yes, the “incorporation doctrine” is a pernicious device created by the US Supreme Court to usurp power over the states.

      My thinking is this: The Second Amendment and Art. I, Sec. 8, clauses 15 & 16, US Constitution, work together. They both provide for the “Militia of the several States”. When gun grabbers take over a State, that State can’t defeat the Right of a People [who comprise the Militia] to keep and bear arms by the expedient of draconian state gun control laws – OR by getting pernicious amendments to their State Constitution.

      We have several States whose State Constitution pretends to restrict guns – or delegates to the state government power to restrict or abolish the right to keep and bear arms. But certainly no State Constitution can defeat the power of Congress, granted by Art. I, Sec. 8, Clauses 15 & 16 to REQUIRE citizens to get armed and trained; or the Second amendment which recognizes that an armed and trained Citizenry is necessary to the freedom & security of each State.

      I thought long & hard before adding the clause you quoted! So I’m not using the pernicious incorporation doctrine; but the tight connection between Art. I, Sec.8, clauses 15 & 16 & the Second Amendment.

      Like

      Comment by Publius Huldah | January 30, 2020 | Reply

  7. Here are Michael Boldin’s (Tenth Amendment Center) very kind words about my Resolution. Michael has been working on the Nullification issue for ten years and he gets it! https://www.youtube.com/watch?v=DsLWuAIXAPA

    Liked by 1 person

    Comment by Publius Huldah | January 30, 2020 | Reply

  8. This will be sent to my relatives in Virginia and hopefully passed on to their friends. Thank you for your continued efforts to help save America………..

    Like

    Comment by george duncan | January 29, 2020 | Reply

  9. Thank you for this information. Lewis County NY is on track for urging their county government to pass the GOA-sponsored “Second Amendment Sanctuary Ordinance” (SASO) template that contains the penalty and fine:

    “We’re sick and tired of being on the defensive,” Morse said, “We’re tired of being treated like criminals by edicts handed down with no input from the people they impact.”

    “Local governments have the legal authority to refuse to cooperate with state and federal firearm laws that violate those rights and to proclaim a Second Amendment Sanctuary for law-abiding citizens,” the proposed local law states, declaring the title for Lewis County.

    The law would prohibit any county employee, including all “peace officers,” from enforcing “any unlawful” gun law or to use county funds or assets to enforce laws “relating to an unlawful act” in connection with firearms.

    The definition of “unlawful act” in the proposed law is “any state act, law, order, rule, or regulation” which bans, registers or limits “the lawful use of firearms, firearm accessories or ammunition.” … Although infractions of this local law would be considered violations, the fine could be between $2,000 and $4,000 and could subject the person to being sued in the State Supreme Court.”

    https://www.adirondackdailyenterprise.com/news/local-news/2020/01/second-amendment-sanctuary-proposed-for-lewis-county/?fbclid=IwAR3wo7lRx9WOBkIyrXdeiyDaxo8CIbmU6hnkyjKvJBC1nddjfCEiWZipU0E

    Like

    Comment by mertmelfa | January 29, 2020 | Reply

  10. I like this. Probably the best VA resolution hands down. Thanks for sharing my email last week too. In Liberty, Andrew Nappi

    Nil desperandum, Deo Vindice Never Despair, God is our Vindicator

    On Tue, Jan 28, 2020 at 3:41 PM Publius-Huldah’s Blog wrote:

    > Publius Huldah posted: “Note: This Resolution was written for Virginia > Counties and quotes from Virginia’s State Constitution. If you would like > me to address your State Constitution, email me at publiushuldah@gmail.com > Please note: I reason from First Principles set forth i” >

    Like

    Comment by Andrew Nappi | January 29, 2020 | Reply

  11. Wonderful. I had been searching for an appropriate resolution, and am preparing a mailing to our state’s 53 sheriffs which will contain such a resolution. Thank you, again, for your leadership!

    Like

    Comment by Rose christensen | January 28, 2020 | Reply

  12. Publius, this is WONDERFUL! It’s time for the waking up to truly begin… We must acknowledge and STAND UP for our inherent God-given rights across this entire county, in counties and in states. NOW is the perfect time.

    Thank you for designing this template of Truth!

    LOVE! Trudy

    Like

    Comment by trudy2015 | January 28, 2020 | Reply

  13. I ABSOLUTELY LOVE THIS!!!!!!!

    On Tue, Jan 28, 2020, 14:41 Publius-Huldah’s Blog wrote:

    > Publius Huldah posted: “Note: This Resolution was written for Virginia > Counties and quotes from Virginia’s State Constitution. If you would like > me to address your State Constitution, email me at publiushuldah@gmail.com > Please note: I reason from First Principles set forth i” >

    Liked by 1 person

    Comment by Tim Denis-Pollard | January 28, 2020 | Reply

  14. Thanks. We here in TN need to tuck this away and when the effort to get counties to pass the Refugee Resettlement Resolution we need to jump on this because I do not trust Governor Lee. If he doesn’t do anything during his first term I have no doubt he will try something in his 2nd term and we need to have these resolutions on record. Karen

    Like

    Comment by Karen Bracken | January 28, 2020 | Reply

  15. Reblogged this on Starvin Larry.

    Like

    Comment by gamegetterII | January 28, 2020 | Reply

  16. Spread this around. Send it to your legislators. We need to educate our politicians before they rewrite everything and we lose everything!!

    Like

    Comment by marlene | January 28, 2020 | Reply


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: