MOHAVE COUNTY REQUEST FOR BOARD ACTION FORM

FORMAL ACTION:

FROM: Hildy Angius, Chairman

CONSENT El
CONTACT/ EXT: 2713
RESOLUTION

DATE: October 23, 2019

OTHER

BOS MEETING DATE: November 4, 2019

INFORMATION ONLY El

SUMMARIZE THE ISSUE& DESIRED ACTION CLEARLY/ ATTACH BACKUP MATERIAL:

The Board of Supervisors at their August 5, 2019 meeting by unanimous vote adopted Resolution No.
2019- 086 supporting the City of Needles, California, in declaring their city a " Second Amendment
Sanctuary City."

The establishment of a Sanctuary County is a movement that we are seeing local jurisdictions
implement country- wide, the majority of which are intent on protecting the rights granted by the United
States Constitution, specifically the Second Amendment. Discussions with Doug Schuster, Mohave
County Sheriff have also indicated that law enforcement is in support of this movement. A draft
resolution has been prepared for discussion purposes.

RECOMMENDED MOTION:

DISCUSSION AND POSSIBLE ACTION RE: Determination of the Board' s position on becoming a
Second Amendment Sanctuary County, discussion of the draft resolution, if necessary, and provide
direction to staff.

Reviewed and Approved By: p

County Attorney 0itHuman Resources
n Finance County Administrator \ 711

Board Action Taken:

Approved as Requested No Action Taken n Disapproved n

Continued to
Approved with the following changes:

Acknowledged receipt and referred to:

Filing Information and Retrieval

Filed Bid Filed Agreement
BOS Resolution Filed Yearly Correspondence al-, ---
Filed Petition Filed Dedication
Filed Land Sold Filed Land Acquired
Filed Franchise ID Resolution
Filed Improvement District Filed Other
r
Date Routed: 110( tzv Z e. /
CS Recno

Additional Infor Ini MI

a ion:
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XC:

52
 RESOLUTION NO. 2019- 118

A RESOLUTION OF THE MOHAVE COUNTY BOARD OF SUPERVISORS

SUPPORTING THE SECOND AMENDMENT OF THE UNITED STATES
CONSTITUTION AND DECLARING MOHAVE COUNTY A " SECOND AMENDMENT
SANCTUARY COUNTY"

WHEREAS, the Board of Supervisors met in Regular Session this 4th day of
November, 2019; and

WHEREAS, Arizona Revised Statute § 11- 251( 17) and ( 21) provide authorization

for the Board of Supervisors to " adopt provisions necessary to preserve the health of
the county" and " make and enforce necessary rules and regulations for the government
of its body, the preservation of order and the transaction of business;" and

WHEREAS, the Second Amendment to the U. S. Constitution adopted in 1791 as

part of the Bill of Rights, protects the inalienable and individual right of the people to
keep and bear arms; and

WHEREAS, the Supreme Court in the District of Columbia v. Heller, 554 U. S.

570 ( 2008) decision, affirmed an individual' s right to possess firearms, unconnected

with service in a militia, for traditionally lawful purposes, such as self-defense within the
home; and

WHEREAS, the Supreme Court in McDonald v. Chicago, 561 U. S. 742 ( 2010,

affirmed that the right of an individual to " keep and bear arms," as protected under the
Second Amendment, is incorporated by the Due Process Clause of the Fourteenth
Amendment against the states; and

WHEREAS, the Supreme Court, in United States v. Miller, 307 U. S. 174 ( 1939),
opined that firearms that are part of ordinary military equipment, or whose use could
contribute to the common defense, are protected by the Second Amendment; and

WHEREAS, Article 2, Section 26 of the Arizona State Constitution provides that

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,"; and

WHEREAS, the members of this Board took an oath to support the United States
Constitution, the Constitution of Arizona and the laws of the State of Arizona and today
reaffirm our commitment, the Mohave County Board of Supervisors does support the
United States Constitution, the Constitution of Arizona and the laws of the State of
Arizona ; and
Resolution 2019- 118 Page Two

NOW, THEREFORE, BE IT RESOLVED that the Mohave County Board of

Supervisors, by the authority granted by the laws of the State of Arizona and the people
of Mohave County, Arizona, do hereby commit to stand and defend their rights and

liberties as guaranteed by the U. S. and Arizona Constitution; and

BE IT FURTHER RESOLVED that the Board affirms its support of the Second
Amendment to the U. S. Constitution, and declares Mohave County a Second
Amendment Sanctuary County.

BE IT FURTHER RESOLVED that this Board will not authorize or appropriate

government funds, resources, employees, agencies, contractors, buildings, detention
centers or offices for the purpose of enforcing laws that unconstitutionally infringe on the
people' s right to keep and bear arms.

PASSED, APPROVED and ADOPTED this 4th day of November, 2019.

MOHAVE COUNTY BOARD OF SUPERVISORS

4L (thi L
Hildy gius, ChaiOnnan
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ATTEST:

40 i /
Ginny And son, Clerk of the Board
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