sanctuary

KAUFMAN COUNTY, Texas — The Kaufman County Commissioners Court unanimously approved a resolution on Tuesday declaring Kaufman County a 2nd Amendment sanctuary.

Kaufman County is now among a small, but growing list of counties taking up such resolutions across the state.

The resolution, prepared by the Republican Party of Kaufman County, was presented to the Kaufman County Commissioners Court on Tuesday morning by Precinct 3 Commissioner Terry Barber.

It, in part, the resolution declares the county a sanctuary for the 2nd Amendment in order "to preserve for the People of, on, and in Kaufman County, their rights guaranteed by the Constitution of the United States of America."

The complete resolution can be read below:

RESOLUTION DECLARING KAUFMAN COUNTY A SECOND AMENDMENT SANCTUARY

Whereas, the Constitution of the United States is the supreme law of our nation, and

The Second Amendment to the Constitution 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 found in Miranda v. Arizona (1966) that “Where rights

secured by the Constitution are involved, there can be no rule making or legislation

which would abrogate them.”, and

The U. S. Supreme Court in the District of Columbia v. Heller (2008) decision affirmed

that the Second Amendment right to keep and bear arms is not connected in any way

to service in a militia, and

The U.S. Supreme Court in United States v. Miller (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

The Fourteenth 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, liberty, or property, without due process

of law; nor deny to any person within its jurisdiction the equal protection of the laws.”,

and

The U.S. Supreme Court in the McDonald v. City of Chicago (2010) decision affirmed

that a person’s Second Amendment rights to “keep and bear arms” is further secured

by the “due process” and the “privileges and immunities” clauses of the Fourteenth

Amendment. The decision also protects rights closely related to the Second

Amendment, namely the right to manufacture, transfer, purchase, and sell firearms,

accessories, and ammunition, and

The Tenth Amendment to the Constitution 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.”, and

The U.S. Supreme Court found in Printz v. United States (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 intends, and

The Texas Constitution, Article 1, Section 23 states “Every citizen shall have the right to

keep and bear arms in the lawful defense of himself or the State”, and

Due to dual sovereignty structure of the Constitution, the Federal government has no

authority to enforce state laws and States cannot be compelled to enforce federal laws,

and

The last protectors of the U.S. Constitution are the County Sheriffs and “We the People

of the United States of America” and our ability to fulfill that role successfully rests on

our Second Amendment rights.

Therefore, Be It Resolved, the People of Kaufman County, through their duly elected

Commissioners Court, Judge and Sheriff, hereby designate Kaufman County a Second

Amendment Sanctuary in order to preserve for the People of, on, and in Kaufman

County, their rights guaranteed by the Constitution of the United States of America,

furthermore

Any regulation that violates the Bill of Rights to the Constitution of the United States of

America shall be regarded by the People of Kaufman County to be unconstitutional,

and therefore by necessity, unenforceable and invalid, furthermore

We, the People of Kaufman County, Texas, through this resolution hereby declare our

rights, our freedom and our liberty as guaranteed by the Constitution of the United

States of America.