WHEREAS the 2nd Amendment to the Constitution for the United States reads as follows; 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, Section 23 of the Constitution of Missouri reads as follows; That the right of every citizen to keep and bear arms, ammunition, and accessories typical to the normal function of such arms, in defense of his home, person, family and property, or when lawfully summoned in aid of the civil power, shall not be questioned. The rights guaranteed by this section shall be unalienable. Any restriction on these rights shall be subject to strict scrutiny and the state of Missouri shall be obligated to uphold these rights and shall under no circumstances decline to protect against their infringement. Nothing in this section shall be construed to prevent the general assembly from enacting general laws which limit the rights of convicted violent felons or those adjudicated by a court to be a danger to self or others as result of a mental disorder or mental infirmity; and
WHEREAS the right to be free from the commandeering hand of the federal government has been most notably recognized by the Supreme Court of the United States in Printz v. United States when the Court held: The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program; and
NOW, THEREFORE BE IT RESOLVED that the County of Caldwell, Missouri hereby reaffirms its full commitment to the 2nd Amendment to the Constitution for the United States and Article I, Section 23 of the Constitution of Missouri.
BE IT FURTHER RESOLVED that the County of Caldwell, shall not be required to assist any Federal Agency in enforcing any Federal acts, laws, orders, rules or regulations restricting firearms, firearms accessories, and ammunition considered to be a violation of the 2nd Amendment to the Constitution for the United States; and
BE IT FURTHER RESOLVED that pursuant to and in furtherance of the principles of federalism enshrined in the Constitution for the United States, the federal government may not commandeer officers, agents, or employees of the County of Caldwell, or any political subdivision of the state of Missouri, to participate in the enforcement or implementation of any federal act or regulatory program; and
BE IT FURTHER RESOLVED that is the intent of this Resolution to support legislation in the Missouri General Assembly that would protect the employees of this county, including law enforcement officers, from orders or other pressure to participate in actions that would violate their oath of office and the individual rights affirmed under the 2nd Amendment to the Constitution for the United States and Article I, Section 23 of the Constitution of Missouri; and
BE IT FURTHER RESOLVED that the County of Caldwell intends to vigorously uphold the right of the people to keep and bear arms.
