Franklin County, NC Commissioners’ Meeting – 2nd Amendment Resolution Introduced

“A Resolution to Preserve and Defend the United States Constitution and North Carolina Constitution” was introduced for consideration tonight (January 22, 2013) at the Franklin County Commissioners’ meeting. All commissioners had received an advance copy of the resolution (shown in its entirety below). This board is comprised of three Republicans and four Democrat commissioners but we will have to wait until at least February for the Democrats to ponder the merits of our 2nd amendment rights in this county. Commissioner Dunston is “vehemently opposed” to any further action on this resolution as seen at the end of this video:

This resolution is modeled on the successful Beaufort County, NC resolution. I would like to point out that the president did not issue an executive order for his 23 initiatives; it was an executive memo. This resolution should be submitted in all counties in North Carolina for passage (not consideration) by their county commissioners.

When a commissioner is sworn into office in Franklin County, the first two sections of his oath are:

I, __________, do solemnly swear (or affirm) that I will support the Constitution of the United States; so help me, God.

I, __________, do further solemnly and sincerely swear (or affirm) that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; and that I will endeavor to support, maintain and defend the Constitution of said State, not inconsistent with the Constitution of the United States, to the best of my knowledge and ability; so help me, God.

I suppose the above oath to the Constitution can be considered to be superseded by certain commissioners for personal reasons or political agendas. I hope that the voters in Franklin County remember this in the next election.

David DeGerolamo

A Resolution to Preserve and Defend the United States Constitution
North Carolina Constitution

Whereas: The Second Amendment to the U.S. 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

Whereas: Article I, Sec. 30 in the NC 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

Whereas: President Obama recently announced his 23 anti-gun initiatives – even going so far as to use Executive Orders to bypass our God given rights of self-defense; and

Whereas: A Militia when properly formed is in fact the people themselves … and includes … all men capable of bearing arms; and

Whereas: It being “necessary to the security of a free State” meant that the right of the people to bear arms was, and remains, the ultimate barrier to government tyranny; and    

Whereas: Gun control only ensures law-abiding citizens are powerless in the face of criminal threat; and

Therefore: The Franklin County Commissioners resolve to defend the 2nd Amendment  and Article I, Sec. 30 and will not bow down to Unconstitutional laws, executive orders, or foreign/domestic tyranny.  Furthermore, the Commissioners call upon the Governor and General Assembly of North Carolina to pass legislation that will guarantee the protection of our God-given right to self-defense for all North Carolinians; and 

Be It Further Resolved, the County Manager be directed to see that no county paid staff participate in nor allow any county resources be used in the implementation or enforcement of any Unconstitutional law, executive order or executive directive that infringe on the God-given right to self-defense.

This the __ day of _______, 2013


_____________________                                                                                                             Chairman Shane Mitchell




Kristen King, Clerk of the Board

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4 Responses to Franklin County, NC Commissioners’ Meeting – 2nd Amendment Resolution Introduced

  1. Pingback: Tell us about the 2nd Amendment (part 1) |

  2. Richard Lucas says:

    You do realize, of course, that the US Constitution gives the power to interpret the Constitution to the US Supreme Court? The SCOTUS has already had occasion to indicate that they believe in preserving the Second Amendment for the purpose of self-defense against criminals. However, the notion that the Second Amendment is somehow the Constitution plotting against itself, by empowering insurrectionists to use their weapons to take over the government, is an error. If the Supreme Court of the United States decides to clarify the meaning of a “well regulated militia” and to uphold certain restrictions on the sale and ownership of firearms, or to require that certain standards be met by owners, then that, my friends, will be that. The Constitution gives this power to the SCOTUS, therefore any claim that such a decision is “unconstitutional” would be a claim against the authority of the Constitution.

    Local law enforcement, including sheriffs, are only empowered to execute and uphold the Constitution, by the way -- not interpret it! I don’t know how so many people can be so confused by this, to the point of uttering absurdities such as “Gun ownership is a God-given right!” It makes me cringe, but more importantly, it speaks to a substandard instruction in civics. If you remember nothing else, remember that any move to “uphold” the Constitution that violates the authority model laid out by the Constitution eats its own argument.

    • David says:

      Article III.

      Section. 1.

      The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.

      Section. 2.

      The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State,--between Citizens of different States,--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

      In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

      The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

      Section. 3.

      Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

      The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

      I believe that until the usurpation of the Constitutional constraints of the Supreme Court under Marbury v. Madison, the court’s “power” was limited to what is shown above. Does anyone really believe that the Affordable Health Care Act is Constitutional? Get this straight: the rule of law has been lost in this country. And as such, the republic has lost its standing.

      • Richard Lucas says:

        You can think and say anything you want, until it becomes sedition. A revolutionary is only as good as his analysis. You’re putting yours up against people who have been sworn to uphold the Constitution and invested with the public trust since before Lincoln. Good luck with that.

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