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2nd Amendment Preservation Ordinance

A very talented speaker last night explained that much of the illegal federal over-reach can and should be addressed at the local level, then moved up. That, he explained, is the way this heretofore free country was designed and is the only way it can be maintained.

This morning I read that the first law enforcement chief to stand firmly against illegal federal gun laws was a small-town police chief. He got his city council to pass an ordinance directing him and his staff to protect the 2nd Amendment within their city limits.

Putting those two bits together, I modified another city’s recently enacted ordinance to fit Kuna and will move forward to get it passed by the Kuna City Council, thus directing our police chief and his staff to defend the Constitution they swore an oath to defend, including the 2nd Amendment part. I, of course, will share this with people of other cities within Ada County and anyone else who wants to use it.

Here we go.


2nd Amendment Preservation Ordinance
AN Ordinance, which shall be known and may be cited as the “2nd Amendment Preservation Ordinance.”

To prevent federal, State or local infringement on the right to keep and bear Firearms, Firearms accessories or ammunition ; nullifying all federal, state or local acts in violation of the 2nd Amendment to the Constitution of the United States along with section 11 “Right to Keep and Bear Arms of the Idaho Constitution.
THE PEOPLE OF City of Kuna DO ENACT AS FOLLOWS:

SECTION 1
The Governing body of City of Kuna within the state of Idaho finds that:

A. The 2nd Amendment to the Constitution of 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.”

B. The Constitution of the state of Idaho, Article I, Section 11 states: The people have the right to keep and bear arms, which right shall not be abridged; but this provision shall not prevent the passage of laws to govern the carrying of weapons concealed on the person nor prevent passage of legislation providing minimum sentences for crimes committed while in possession of a firearm, nor prevent the passage of legislation providing penalties for the possession of firearms by a convicted felon, nor prevent the passage of any legislation punishing the use of a firearm. No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition. Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony.

C. All federal, state or local acts, laws, orders, rules or regulations regarding restriction of law abiding persons possession and use of firearms, firearms accessories or ammunition are a violation of the 2nd Amendment of the US Constitution, along with section 11 of The Idaho Constitution, and in violation of this ordinance.

SECTION 2
PROHIBITIONS ON FEDERAL, STATE OR LOCAL INFRINGEMENT OF THE RIGHT TO KEEP AND BEAR ARMS, FIREARMS ACCESSORIES OR AMMUNITION.

A. The Governing Body of City of Kuna within the state of Idaho declares that all federal ,state or Local acts, laws, orders, rules, regulations – past, present or future – shall be in violation of the 2nd Amendment to the Constitution of the United States and the Constitution of Idaho are not authorized by the Constitution of the United States and the Constitution of Idaho and violate its true meaning and intent as given by the Founders and Ratifies, and are hereby declared to be invalid within the city of Kuna and all of its boundaries, shall not be recognized by this city or within all of its boundaries within the state of Idaho, are specifically rejected by City of Kuna and within all of its boundaries within the state of Idaho, and shall be considered null and void and of no effect in City of Kuna within the state of Idaho .

B. It shall be the duty of the Kuna City Council, and within all of its boundaries within the State of Idaho to adopt and enact any and all measures as may be necessary to prevent the enforcement of any federal, state or local acts, laws, orders, rules, or regulations in violation of the 2nd Amendment to the Constitution of the United States along with section 11 of the Idaho Constitution or any violation of this ordinance.

SECTION 3

EFFECTIVE DATE
A. This act takes effect immediately upon approval by the Kuna City Council