Carroll County, Maryland RESOLUTION No. _884-2013


the Board of County Commissioners of Carroll County, Maryland, a body

corporate and politic of the State of Maryland (“the Board”), is authorized to adopt, and from time to

time amend, revise, rescind or change provisions of resolutions; and



it is the desire of the Board to declare its support of the Second Amendment to the

United States Constitution and the Maryland Constitution protecting citizens’ inalienable and individual

right to keep and bear arms, as follows:



We, the People of the State of Maryland, grateful to Almighty God

for our civil and religious liberty… (Maryland Constitution)


We, the undersigned, in order to preserve the blessings of liberty to ourselves

and our posterity, recognize that it is our duty to be ever mindful that

our civil government exercises its just and lawful authority subject to the

moral law of Almighty God and that all powers granted to civil government are derived through t

he people and are for the sole purpose of protecting and defending the unalienable natural rights which

have been given the people by God, and affirmed by our Constitution, as part of

His Created Order;And further recognizing that it is the natural tendency of civil government to

expand beyond the limits of its rightful charter and to usurp authority and power which

have not been authorized to it by God nor delegated to it by the consent of

the governed, therefore, it is the duty of the people, through the agency of the less

er magistrate (local elected officials and Sheriffs), to challenge the civil government

when and where it exceeds its authority and to remind overstepping officials thereof

from whence their just powers devolve and the limits to which they may extend;


And further recognizing that we, as elected officials, bound by sworn

oath touphold and defend the Constitution of these States-united, and the State of Maryland

which constrain and limit the authority of the civil government;


And whereas Article 2 of the Maryland Declaration of Rights affirms that,

The Constitution of the United States, and the Laws made, or which shall be

made, in pursuance thereof, and all Treaties made, or which shall be made, under the

authority of the United States, are, and shall be the Supreme Law of the State; and the

Judges of this State, and all the People of this State, are, and shall be bound thereby;

anything in the Constitution or Law of this State to the contrary notwithstanding.


And whereas Article 6 of the Maryland Declaration of Rights affirms,

That all persons invested with the Legislative or Executive powers of Government are the Trustees of the Public, and, as such, accountable for their conduct: Wherefore, whenever the ends of Government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the People may, and of right ought, to reform the old, or establish a new Government; the doctrine of Second Amendment Preservation – 2013 non-resistance against arbitrary power and oppression is absurd, slavish and destructive of the good and happiness of mankind.


And whereas, John Adams wrote, “[You have Rights] antecedent to all earthly

governments: Rights that cannot be repealed or restrained by human laws; Rights,

derived from the Great Legislator of the universe.”


And whereas, Thomas Jefferson affirmed, “whenever our affairs go obviously

wrong, the good sense of the people will interpose and set them to rights.”


And he further declared,“what country can preserve its liberties if its rulers are not

warned from time to time that their people preserve the spirit of resistance?”

Whereas Alexander Hamilton in Federalist Paper #78- asserts,


“…No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be

to affirm, that the deputy is greater than his principal; that the servant is above his master;

that the representatives of the people are superior to the people themselves; that men

acting by virtue of powers, may do not only what their powers do not authorize, but

what they forbid.”


Whereas Tench Coxe, noted federalist and friend of James Madison, in defense

of the proposed Constitution, in the Pennsylvania Gazette, Feb. 20, 1788 wrote,

“Their swords, and every other terrible instrument of the soldier, are the birth right of an

American… the unlimited power of the sword is not in the hands of either the federal or

the state governments, but, where I trust in God it will ever remain, in the hands of the



Now, by the authority granted us by the people of Carroll County, Maryland to stand and

defend their God-given rights and liberties, which are guaranteed by the United States and Maryland

Constitutions, we hereby declare this Resolution as follows:


Second Amendment Preservation Resolution


Designating Carroll a Second Amendment “Sanctuary County”



The Second Amendment to the United States Constitution protects the

inalienable and individual right of the people to keep and bear arms; and



the Second Amendment was adopted in 1791 as part of the United States Bill of




the Supreme Court in the District of Columbia v. Heller decision affirmed the

right to keep and bear arms is unconnected to any service in a militia;



the Supreme Court, in United States v. Miller opined that firearms that are part of

ordinary military equipment, or with use that could contribute to the

common defense are protected by the Second Amendment Preservation – 2013



the Maryland General Assembly has enacted the “Maryland Firearms Safety Act of

2013″ (MFSA) which bans the sale of forty-five types of ordinary rifles and magazines that could

contribute to the common defense; and requires law abiding citizens to submit to licensing fees,

background checks, fingerprinting, safety training and renewal fees;



the Board reasonably believes that the MFSA violates the Second Amendment to

the United States Constitution that clearly states, “… the right of the People to keep and bear arms, shall not be infringed,”



the Board proclaims its opposition to the MFSA; and



the Board took an oath to support and defend the United States Constitution,



to protect our citizens’ constitutional rights, that Carroll County, Maryland is herein declared a

“Second Amendment Sanctuary County” as follows:


1. The Board reasonably believes the MFSA to be “pretended” (unconstitutional)

legislation and be it further resolved that the Board, in affirmation of the Second Amendment rights of

the citizens of Carroll County, herein direct that Carroll County Government will not authorize or

appropriate government funds, resou
rces, employees, agencies, contractors, buildings, detention centers

or offices for the purpose of enforcing any element of the MFSA that infringes on the right of the people

to keep and bear arms, including, but not limited to the following:

a) Registration requirements for existing lawfully owned firearms;

b) Prohibitions, regulations, and/or use restrictions related to ownership of non-fully

automatic firearms, including but not limited to semi-automatic handguns; semi-automatic long guns;

and including semi-automatic firearms that have appearance characteristics or features similar to fully

automatic firearms and/or military “assault style” firearms;

c) Prohibitions limiting hand grips, stock, flash suppressors, bayonet mounts,

magazine capacity, clip capacity, internal capacity, or types of

ammunition available for sale, possession, or use;

d) Registration and background check requirements beyond those customarily required

at time of purchase prior to the passage of the MFSA; and

e) Restrictions prohibiting the possession, carry or transport of lawfully acquired

firearms or ammunition by law abiding adult citizens or minors supervised by adults.

Notwithstanding the above, this Resolution is not intended to and does not negate provisions of

MFSA that would


(a) prohibit the sale to or possession of firearms by felons;

(b)prohibit the sale or possession of firearms by individuals with a history of dangerous mental

illness or who have been adjudicated mentally ill;

(c) habitual drunkards; or

(d)require reasonable safety training, provided said training is readily available; timely; and affordable.


2. The Board affirms its support for the duly elected Sheriff of Carroll County, Maryland, in

the exercise of his/her sound discretion, and affirms its resolve to support decisions by our Sheriff in the

discretionary enforcement of the MFSA against any citizen unless an individual is engaged in the

commission of a crime of violence, a violent act, has otherwise been convicted of a prior felony,

adjudicated with a dangerous mental illness or under any other related compelling exigent circumstances.

Additionally, the Board affirms its support for reasonable measures of interposition in the event

the Sheriff deems it necessary to protect citizens from unconstitutional elements of the MFSA.


3. The Board herein affirms its support for our duly elected Sheriff in the event he/she

chooses to implement a process of researching, developing, and establishing procedures for creation of

“Reserve Resources”. Reserve Resources would serve at the direction of the Sheriff and would be

deployed to support public safety. Reserve Resources would be subject to minimum standards to be

established at the sole discretion of the local Sheriff, with the provision that approved Reserve

Resources may be equipped in a manner similar to other law enforcement officers.


4. The Board herein affirms its support for the Sheriff if he/she chooses to execute

agreements with local Federal Firearms License dealers, designating them to serve as “Law

Enforcement Officer Supply Vendors”.


5. The Board herein affirms support for the duly elected State’s Attorney of Carroll County,

Maryland, in the exercise of his/her sound discretion, and affirms its resolve to support decisions by our

State’s Attorney, should he/she refuse to prosecute or chooses to nolle prosse

charges against any otherwise law abiding citizen detained for non-compliance with regulations under the

MFSA unless an individual is engaged in the commission of a crime of violence, a violent act, has otherwise been

convicted of a prior felony, adjudicated with a dangerous mental illness, or other related compelling

exigent circumstances.


6. The Board herein affirms that existing procedures at county-owned firearms ranges will

not be changed as a result of the MFSA.


7. The Board herein declares null and void within Carroll County, elements of any and all

international treaties, including the UNATT that infringe on the rights of citizens to keep and bear arms.

8. The Board herein affirms its support for the acquisition or creation, and airing within

Carroll County of a video documentary discussing Second Amendment concepts, and potential remedies

available to citizens when confronted with unconstitutional infringements upon their liberties; case

studies to include examples such as the Rosa Parks incident.


9. The Board will, from time-to-time update this Resolution. Future amendments may

include but are not limited to: Reciprocity Agreements between Carroll and other Maryland and Non-Maryland counties.