Reaffirmation

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Gonzales City Council affirms Second, Fourth Amendments; resolution calls on city agencies to defy federal gun control

The Gonzales City Council took bold steps Tuesday night to guarantee citizens’ rights to keep and bear arms, passing a resolution that reaffirmed provisions of the Second Amendment of the U.S. Constitution and empowering city agencies to defy federal directives deemed unconstitutional.

The resolution that was unanimously approved and touched off applause from citizens in attendance, also calls upon other communities and jurisdictions to follow Gonzales’ lead.

In presenting the resolution for consideration at the special called meeting, Gonzales city manager Allen Barnes departed from his usual practice of paraphrasing pertinent information from the staff-briefing sheet that is part of the City Council packet, informing the Council he preferred to read the recommendation verbatim.

“In recent months, the U.S. has experienced tragic incidents where suspects with firearms inflicted death and injury upon both children and adults. The visceral reaction to these incidents has been the call for limits upon the individual right to keep and bear specific arms which is guaranteed by the Second Amendment of the U.S. Constitution. Congress is currently considering legislation that would not only restrict the right of one to own particular weapons, but may require the surrender or seizure of weapons from individuals. Protection from such seizures is provided by the Fourth Amendment,” Barnes told the City Council.

“Should the U.S. approve these gun-control measures, the city of Gonzales will find itself in a situation very similar to the situation it was in during the fall of 1835. While the political circumstances are somewhat different, the subject matter is very similar. As we all know, the immortal Come and Take It was our response then.

“The approval of this resolution will have three policy impacts. First, it will reaffirm the allegiance of the city of Gonzales to the Constitution of the United States and, especially, the Bill of Rights. Secondly, it will establish a policy that would not recognize this or any law that contradicts the Constitution and will prohibit its enforcement in town. The final policy statement is asking other communities to stand up for the Constitution,” Barnes concluded.

The resolution

Councilman Tommy Schurig was quick to make the motion to approve the resolution, and proceeded to read the text of the resolution in its entirety.

Whereas, a government of, by and for the people has long been a cherished American value and the foundation of our freedom,” Schurig said, “and We the People’s fundamental and inalienable right to self-govern and, thereby, secure rights to life, liberty, property and the pursuit of happiness is guaranteed in the U.S. Constitution and the Declaration of Independence, and

Whereas, the Second Amendment to the United States Constitution provides ‘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, the Fourth Amendment to the United States Constitution provides ‘the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized,’ and

Whereas, the Ninth Amendment to the United States Constitution provides ‘the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people,’ and

Whereas, the Tenth Amendment to the United States Constitution provides ‘the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states, respectively, or to the people,’ and

Whereas, the Texas Constitution, Article 1, Section 23a, declares ‘every citizen shall have the right to keep and bear arms in the lawful defense of himself or the state,’ and

Whereas, the citizens of the city of Gonzales, Texas recognize their duty as law-abiding citizens to act in accordance with the U.S. Constitution and the Texas Constitution, and agree that the right to keep and bear arms shall not be infringed upon by any government or organization, political or otherwise,” Schurig continued.

“Now, therefore, be it resolved by the City Council of the city of Gonzales, Texas:

Section 1 – The citizens’ representatives, City Council and Mayor of the city of Gonzales, Texas hereby call upon our state legislators and elected officials to join with us in the affirmation of the rights of our citizens under the Second Amendment.

Section 2 – All federal acts, laws, executive orders, agency orders and rules or regulations of all kinds with purpose, intent or effect of confiscating any firearm, banning any firearm, limiting the size of a magazine for any firearm, imposing any limit on the ammunition that may be purchased for any firearm, taxing any firearm or ammunition, therefore, or requiring the registration of any firearm or ammunition, therefore, infringes upon Texans’ right to bear arms in direction violation of the Second Amendment to the Constitution of the United States, and, therefore, any such law is not made in pursuance of the Constitution, is not authorized by the Constitution, and, thus, is not the supreme law of the land, and, consequently, is invalid in the state of Texas and shall be further considered null and void and of no effect in this city.

Section 3 – That all agencies of the city of Gonzales are instructed to refuse requests or directives by federal agencies acting under unconstitutional powers enumerated in Section 2 above that would infringe upon our residents’ Second, Ninth and Tenth Amendment rights or other inalienable rights not here explicitly enumerated.

Section 4 – The city of Gonzales, state of Texas, calls on other communities and jurisdictions to join with us in this action by passing similar resolutions.

Section 5 – That copies of this resolution be immediately transmitted to the President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, each member of Congress from the state of Texas, the justices of the United States Supreme Court, the Attorney General of the state of Texas, the President of the Senate and the Speaker of the House of Representatives of Texas’ legislature, each individual legislator that represents our district in the state of Texas and the sheriff of Gonzales County.”

Descension voiced

But while the council’s action to ensure the rights of Gonzales citizens are protected was widely regarded as a positive move, there was a voice of descent.

“The City Council’s talkin’ outta both sides of their mouth,” an inflamed Mike Hanson charged following the meeting. “First of all, they make us, as concealed handgun carriers, keep our guns in the car when we come to the city council or to pay a bill or whatever in the building. They have a ‘no gun’ sign on their own door, and they got a resolution that they just passed saying they wanna protect us from the feds.

“Instead of protecting us from the feds, we oughta be protected from the city council and the city manager, because they have a ‘no gun policy’ in their own building. I don’t understand how they can have a resolution affirming the Second Amendment and the Fourth Amendment, and then they make us, as concealed handgun carriers – we do federal background checks even, and we even go through the FBI to do the checks and fingerprints and everything else – and we have to leave our concealed handgun in the car. A criminal could be stealing it out in the car. And then the criminals don’t get searched going in [city hall] – the criminal could bring a gun into the building, and the good people that went through the classes and everything to get our concealed handguns have to leave our guns in the car,” Hanson lashed out.

Hanson, who says he always carries his citizens’ rulebook with him that includes the Bill of Rights, challenged the city’s affirmation of the Fourth Amendment, claiming that when citizens now come to City Hall for a municipal court date, “they got the police accosting people with that [metal detector] wand and searching people when you come through the door – that’s never been done before – and all of a sudden they’re doin’ that, so they’re breaking the Fourth Amendment.

“What I think the city council is doin’ is a fad. Everybody’s jumpin’ on the bandwagon against Obama and the ‘no guns’ [policy],” he barked. “We don’t need to affirm the Bill of Rights, just prove to us that you’re followin’ the Bill of Rights by example, that’s what the city council needs to do.”

An email was sent to Barnes Wednesday giving him the opportunity to address Hanson’s concerns, but the city manager was out of the office, so no response was received by press time Thursday.

The resolution that reaffirmed provisions of the Second Amendment became effective when the City Council unanimously approved it.

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