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Public Comment ,r. 1S)-\ \\ \ \ \ \ -P (..J N 0 C0 00 -J 0) 01 41. W N n o Q o � Z � � , -- , 1 C 0 t z ,-, K ‹c4 > C n 0 01'H � � m U W N FA \ Z 3 C z -p O 'a W � 11 O .� Q 0 l (D C m S, CO - = s o - �7 -� 0\ , r ✓� o° S'A t rn c n u, t T. n .to N -C. 1 O .► 3 3 V ;. ,A Z cu �%__ i,1le ,v- . -I C ; a �` Z Z r+ Ort � `11 G � .( Z cr CP a. S U _ C O i c 4 G ip t • P t 437 $ ro L e bi co cu cro co vl -k) m 1::\S ct 'z, p _....._,s , J 2019 Lewis County State of Washington Second Amendment Sanctuary Ordinance SECTION 1 TITLE The title of this ordinance shall be known as the "Second Amendment Sanctuary Ordinance," or "SASO " SECTION 2. FINDINGS The Lewis County Washington Board of Commissioners find and declare 1 Acting through the United States Constitution,the people created government to be their agent in the exercise of a few defined powers, while reserving the citizen's right to decide on matters,which concern their lives, liberties, and properties in the ordinary course of affairs, A The Second Amendment to the Constitution of the United States of America 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' , B The rights of the people to keep and bear arms are further protected from infringement by State and Local Governments under the Ninth and Tenth Amendments to the Constitution of the United States of America as well as Article 1 of the Constitution of the Great State of Washington C Article 1, Section 24 of the Constitution of the Great State of Washington states, "The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize maintain or employ an armed body of men , D Article 1, Section 30 of the Constitution of the State of Washington, RIGHTS RESERVED The enumera-tion in this Constitution of certain rights shall not be con- strued to deny others retained by the people , E Justice Thomas M Cooley in the People v Hurlbut 24 Mich 44, page 108 (1871)he surmises "The State may mould local institutions according to its views of policy or expediency but local government is matter of absolute right and the state cannot take it away , F The Fourteenth Amendment to the Constitution of the United States of America Section 1 it 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 , G There is a right to be free from the commandeering hand of government that has been most notably recognized by the United States Supreme Court in Printz v United States 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 The anticommandeering principles recognized by the U S Supreme Court in Printz v United States are predicated upon the advice of James Madison, who in Federalist #46 advised "a refusal to cooperate with officers of the Union" in response to either unconstitutional federal measures or constitutional but unpopular federal measures, 2 It should be self-evident from the compounding evidence that the right to keep and bear arms is a fundamental individual right that shall not be infringed and all local, state, and federal acts, laws, orders rules or regulations regarding firearms, firearms accessories, and ammunition are a violation of the Second Amendment, 3 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 in their cities and counties, 4 Therefore, through the enactment of this document Lewis County Washington is hereby a Second Amendment Sanctuary County, SECTION 3 PROHIBITIONS A Other than in compliance with an order of a District or Circuit court, and notwithstanding any other law, regulation, rule or order to the contrary, no agent, department, employee or official of Lewis County, a political subdivision of the State of Washington, while acting in their official capacity, shall I) Knowingly and willingly, participate in any way in the enforcement of any Extraterritorial Act, as defined herein regarding personal firearms, firearm accessories, or ammunition 2) Utilize any assets, county funds, or funds allocated by any entity to the county, in whole or in part, to engage in any activity that aids in the enforcement or investigation relating to personal firearms, firearm accessories, or ammunition SECTION 4 PENALTIES A All local, state and federal acts, laws,orders,rules, or regulations,which restrict or affect an individual person's, or The Peoples', general right to keep and bear arms, including firearms, firearm accessories or ammunition shall be foreign laws and defined as Extraterritorial Acts, and are invalid in this county Such Extraterritorial Acts shall not be recognized by Lewis County,are specifically rejected by the voters of this county, and shall be considered null, void and of no effect in Lewis County Washington, and this includes, but shall not be limited to the following I) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories or ammunition not common to all other goods and services on the purchase or ownership of those items by citizens, and 2) Any registering or tracking of firearms, firearm accessories, or ammunition, ♦ i 3) Any registering or tracking of the owners of firearms, firearm accessories, or ammunition, 4) Any registration and background check requirements on firearms firearm accessories, or ammunition for citizens, and 5) Any Extraterritorial Act forbidding the possession, ownership, or use or transfer of any type of firearm, firearm accessory, or ammunition by citizens of the legal age of eighteen and over, and 6) Any Extraterritorial Act ordering the confiscation of firearms, firearm accessories, or ammunition from citizens, and 7) Any prohibitions, regulations, and/or use restrictions related to ownership of non-fully automatic firearms, including but not limited to semi-automatic firearms, including semiautomatic firearms that have the appearance or features similar to fully automatic firearms and/or military "assault-style" firearms by citizens, and 8) Any prohibition, regulations, and/or use restrictions limiting hand grips, stocks, flash suppressors, bayonet mounts, magazine capacity, clip capacity, internal capacity, or types of ammunition available for sale, possession or use by citizens, and 9) Any restrictions prohibiting the possession of open carry or concealed carry, or the transport of lawfully acquired firearms or ammunition by adult citizens or minors supervised by adults A Exceptions a. The protections provided to citizens in Section A(1)-(A)(9) of this ordinance do not apply to persons who have been convicted of felony crimes b This ordinance is not intended to prohibit or affect in any way the prosecution of any crime for which the use of, or possession of, a firearm is an aggregating factor or enhancement to an otherwise independent cnme c This ordinance does not permit or otherwise allow the possession of firearms in State or Federal buildings d This ordinance does not prohibit individuals in Lewis County from voluntarily participating in assisting in permitting, licensing, registration or other processing of applications for concealed carry permits, or other firearm, firearm accessory, or ammunition licensing or registration processes that may be required by law in other legal jurisdictions outside Lewis County or by any other municipality inside Lewis County SECTION 5. PRIVATE CAUSE OF ACTION A Any entity, person, official, agent, or employee of the Lewis County Government who knowingly violates this ordinance, or otherwise knowingly deprives a citizen of Lewis County the rights or privileges ensured by the Second Amendment of the United States Constitution B In such actions, the court shall award the prevailing party, other than the government of Lewis County Washington or any political subdivision of the county, reasonable attorney's fees and costs C Neither sovereign nor official or qualified immunity shall be an affirmative defense of the County in cases pursuant to Section 4 or 5 of this ordinance SECTION 6 SEVERABILITY A The provisions of this act are hereby declared to be severable, and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act SECTION 7 EFFECTIVE DATE A. The effective date of this ordinance, The Second Amendment Sanctuary Ordinance or SASO shall be effective immediately upon certification of approval by the board of commissioners of Lewis County State of Washington Lewis County Board of Commissioners District 1 Edna Fund Signature District 2 Bobby Jackson Signature District 3 Gary Stamper Signature