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Bonner County Republican Central Committee Regular Meeting, Jan 28, 2013

 

A Resolution of the Bonner County Republican Central Committee to be known as

The Second Amendment Resolution


WHEREAS, The United States Constitution prohibits any infringement of the Natural and Pre-existing right to keep and bear arms, and


WHEREAS, Only laws made “in Pursuance thereof” the Constitution are deemed valid, and


WHEREAS, The State of Idaho has all the powers not granted to the federal government including the powers mentioned in the ninth and tenth amendments to the Constitution, and


WHEREAS, Bonner County, being a duly recognized political subdivision of the State of Idaho, has the authority to honor Constitutional laws and disregard laws not made in Pursuance thereof” the Constitution,


BE IT RESOLVED THAT, The Bonner County Republican Central Committee strongly urges the Bonner County Commissioners to enact the following Ordinance following the example of the Founders and many States, Sheriffs and local jurisdictions throughout the United States to wit:



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

To prevent federal infringement on the right to keep and bear arms; nullifying all federal acts in violation of the 2nd Amendment to the Constitution of the United States.

THE BOARD OF COMMISSIONERS OF BONNER COUNTY DO ENACT AS FOLLOWS:

SECTION 1: The Bonner County Board of Commissioners 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. Most federal acts, laws, orders, rules or regulations regarding firearms are a violation of the 2nd Amendment

SECTION 2: PROHIBITION ON FEDERAL INFRINGEMENT OF THE RIGHT TO KEEP AND BEAR ARMS

A. The Bonner County Board of Commissioners declares that all federal acts, laws, orders, rules, regulations – past, present or future – which prohibitively restrict the 2nd Amendment to the Constitution of the United States are not authorized by the Constitution of the United States and violate its true meaning and intent as given by the Founders and Ratifiers, and are hereby declared to be invalid in this county, shall not be recognized by this county, are specifically rejected by this county, and shall be considered null and void and of no effect in this county.

B. It shall be the duty of the Sheriff of this County to take such measures as may be necessary to prevent the enforcement of any federal acts, laws, orders, rules, or regulations which violate the 2nd Amendment to the Constitution of the United States.

SECTION 3 EFFECTIVE DATE

A. This act takes effect upon approval by the Bonner County Board of Commissioners


Bonner County Republican Central Committee Regular Meeting, Dec 18, 2012

Resolution No. BCRCC-2012-12-01 (Assigned by Resolutions Committee) Danielle Ahrens, Primary Author

A Resolution For the Defense of Students in Idaho Schools

Whereas, the United States Constitution, at Article II of the Amendments, guarantees citizens the right to keep and bear arms (1), and

Whereas, the U.S. Supreme Court has affirmed twice, in the Heller and Me Donald cases, that the right to keep and bear arms is an individual right for self defense and other purposes (2), and

Whereas, Federal Circuit Courts of Appeal have begun applying Heller and Me Donald to critique and invalidate overly-restrictive state laws (3), and

Whereas, Idaho code provides for armed defense of students by administrators, teachers and other employees and authorized persons at the discretion of the Board of Trustees of each school district (4), and

Whereas the Bonner County Republican Central Committee finds that it is the duty of every Board of Trustees, school board, etc., of every educational institution in the State of Idaho, to provide every reasonable protection to our students,

NOW Therefore, Be it Resolved, that we strongly urge the Board of Trustees of every Bonner County School District to implement full protection of our students as authorized by Idaho Code 18-3302 (D)(4)(f), and

Be it Further Resolved, that the Idaho Superintendent of Education is hereby called upon to proactively inform and educate every educational institution in Idaho as to its constitutional authority under Idaho Code 18-3302D(4) (f), and

Be it Further Resolved, that within three days of the passage of this Resolution, a copy thereof be made available to every citizen and educational institution in Bonner County by posting it in full on the BCRCC's official website, and its contents and web address be published to the various Press in Bonner County.

SUBMITTED bY_A1len Hacker, Humbird PC, for the Resolutions

 

Committee

 

Dec. 18 2012. References:

(1) "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."

(2) Heller vs. Washington D.C. 554. U.S. 570 (2008); Dick Heller, a staff member at the CATO institute sued, and the Court ruled that the right to keep and bear arms is an individual right. Because the case was decided in D.C. it didn't exactly apply to the states. Mc Donald vs. Chicago 561 US 3025 (2010) followed up to extend the same recognition to citizens in states via the Tenth Amendment.

(3) The Seventh Circuit, in Shepard vs. Madigan and Moore vs. Madigan (Dec 11, 2012), applied Heller and Mc Donald to strike down Illinois' blanket prohibition of right to carry.

(4) Idaho Criminal Code Title 18, Chapter 3302 Section D(4)(f):

18-3302D. Possessing weapons or firearms on school property:

18-3302D(4) "The provisions of this section shall not apply to the following persons:" 18-3302D(4) (f) "Notwithstanding the provisions of section 18-3302C, Idaho Code, a person or an employee of the school or school district who is authorized to carry a firearm with the permission of the board of trustees of the school district or the governing board."

18-3302C. Prohibited conduct: "Any person obtaining a license under the provisions of section 18-3302, Idaho Code, shall not:

(1) "Carry a concealed weapon in a courthouse, juvenile detention facility or jail, public or private school, except as provided in subsection (4) (f) of section 18-3302D, Idaho Code;"

Idaho Statute title 18-3302D

 

RESOLUTION OPPOSING THE ESTABLISHMENT OF AN OBAMACARE HEALTHCARE EXCHANGE IN IDAHO


RESOLUTION NO. 2012-1


WHEREAS, The Constitution and not the federal government is what elected officials are sworn to uphold; and,

WHEREAS, The Affordable Care Act (Obamacare) and HEALTHCARE exchanges are a blatant usurpation of our individual rights; and,


WHEREAS, “The key provision of the Affordable Care Act is the implementation of State-run Health Insurance Exchanges.”; and,


WHEREAS, state or federally established, exchanges are government-sanctioned cartels where only government- approved insurers can sell only government-approved insurance; and,


WHEREAS, proponents claim that states should establish an exchange in order to fend off a federally established exchange to preserve state control; a review of the law and proposed regulations reveal that establishing a state exchange would not accomplish either of these objectives; and,


WHEREAS, The federal government will control state exchanges. “An Exchange may not establish rules that conflict with or prevent the application of regulations promulgated by the Secretary [of Health and Human Services (HHS)];” and,


WHEREAS, The federal government controls health insurance plans and benefits. The Act prescribes the minimum essential benefits that must be included in a plan and gives authority to the HHS Secretary to prescribe more. HHS is also required to establish the criteria for the certification of health plans as “qualified.” As a result, only HHS-approved plans may be sold in the exchange.; and,


WHEREAS, the state must enforce the individual mandate and penalty outlined by Affordable Care Act. State exchanges are responsible for determining whether an individual is exempt from the individual mandate and for granting certification for those who are exempt.; and,


WHEREAS, there are large subsidies contained in Obama Care for Planned Parenthood and other abortion profiteers, and Obama Care will force even states like Idaho, that prohibit direct subsidy of abortions, to make huge public investments into Planned Parenthood; and

WHEREAS, ObamaCare implementation will result in elected and non-elected officials making health care rationing decisions, which are almost certain to result in less health care for the chronically or seriously ill and elderly; and


WHEREAS, Idaho will surrender its 10th amendment sovereignty by establishing an exchange. The HHS proposed regulations themselves acknowledge that a state’s submission to an exchange has an adverse impact on federalism principles. In compliance with Presidential Executive Order 13132, which requires agencies to assess whether their rules will affect federalism, HHS reported that the proposed exchange regulations have “Federalism implications due to the direct effects on the distribution of power and responsibilities among the State and Federal governments.” However, HHS determined that the federalism implications are “substantially mitigated” because PPACA “does not require States to certify an Exchange.” Therefore, when a state chooses to establish an exchange, it voluntarily surrenders its sovereignty; and,


WHEREAS, eight states, Alabama, Georgia, Louisiana, Maine, Mississippi, South Carolina, Oklahoma and Texas have rejected state exchanges and 5 other states, Iowa, Nebraska, Nevada, New Jersey and Virginia are likely to reject state exchanges,


NOW, THEREFORE, BE IT RESOLVED that we, the Bonner County Republican Central Committee oppose the establishment of an Affordable Care Act and Health Exchange in the State of Idaho.


DATED this 27th day of November, 2012.