Given what can only be construed by the actions of the NH Democrat Party and its elected politicians to FORWARD! a policy of complete civilian disarmament, the 2A Sanctuary Movement seems to be coming to New Hampshire.
It is rather sad that a Constitutional Right to Keep and Bear Arms (both the Second Amendment and Article 2-A) must be defended in this manner. But a tyrannical Government will never admit to being such – and it will always use phrases such as “common sense,” “safety and security,” “for the common good,” “keeping firearms out of the hands that shouldn’t have them.”
Yeah, that last part is aimed at pretty much everyone Progressives don’t like. The ordinance:
2019 Second Amendment Sanctuary Ordinance for COOS COUNTY, New Hampshire
SECTION 1. TITLE: The title of this ordinance shall be known as the “Second Amendment Sanctuary Ordinance,” or “SASO.”
SECTION 2. FINDINGS: The people of Coos County, New Hampshire, find and declare:
A. Acting through the United States Constitution, and the New Hampshire Constitution, the people created government to be their agent in the exercise of a few defined powers, while reserving to the citizens the right to decide on matters which concern their lives, liberty, and property in the ordinary course of affairs;
B. The Second Amendment to the Constitution of the United States of America, states “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”;
1. The New Hampshire militia is defined by common law and confirmed in NH RSA Title VIII Chapter 110-B:1-a as follows:
110-B:1-a Composition of the Militia. –
I. The militia shall be divided into 3 classes, namely the national guard, the state guard, and the unorganized militia.
II. The national guard shall consist of an army national guard, an air national guard, and an inactive national guard. As used in this chapter, the term “national guard” shall mean and refer to the army national guard and the air national guard unless otherwise indicated.
III. The state guard shall consist of those persons serving in accordance with the provisions of RSA 111.
IV. The unorganized militia shall consist of all able-bodied residents of the state who are 18 years of age or older, who are, or have declared their intention to become, citizens of the United States, and who are not serving in the national guard or the state guard.
C. Also; The New Hampshire Constitution states: [Art.] 2-a. [The Bearing of Arms.] All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.
December 1, 1982
D. And is further protected under: New Hampshire Constitution: [Art.] 2. [Natural Rights.] All men have certain natural, essential, and inherent rights among which are, the enjoying and defending life and liberty; acquiring, possessing, and protecting, property; and, in a word, of seeking and obtaining happiness. Equality of rights under the law shall not be denied or abridged by this state on account of race, creed, color, sex or national origin.
June 2, 1784,
Amended 1974 adding sentence to prohibit discrimination
E. The right of the people to keep and bear arms is further protected from infringement by State and Local Governments under the Ninth, Tenth, and Fourteenth Amendments to the Constitution of the United States of America.
F. The Supreme Court of the United States of America in District of Columbia v. Heller [No. 07–290. Argued March 18, 2008—Decided June 26, 2008 Ref: 554 U.S. 570 2008 ] recognized the individual’s right to keep and bear arms, as protected by the Second Amendment of the Constitution of the United States of America. Justice Antonin Scalia’s prevailing opinion in that case stated that the Second Amendment protects an individual’s right to possess a firearm unconnected with service in a militia, and the right to use that firearm for traditionally lawful purposes, such as self-defense within the home;
G. Section 1 of the Fourteenth Amendment to the Constitution of the United States of America states, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws”;
H. The Supreme Court of the United States recognized in McDonald v. City of Chicago [McDonald v. Chicago, 561 U.S. 742 (2010)] that the Second Amendment to the Constitution was incorporated by the Fourteenth Amendment and thereby made applicable to the States;
I. Justice Thomas M. Cooley in the People v. Hurlbut [24 Mich. 44, page 108 (1871)], states: “The State may mold local institutions according to its views of policy or expediency: but local government is a matter of absolute right; and the state cannot take it away”;
J. The right to be free from the commandeering hand of government has been recognized by the United States Supreme Court in Printz v. United States [521 U.S. 898 (1997)]. The Court held: “The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program.” The anti-commandeering principles recognized by the U.S. Supreme Court in Printz v. United States are predicated upon the advice of James Madison, who in Federalist #46 advised “a refusal to cooperate with officers of the Union” in response to either unconstitutional federal measures or constitutional but unpopular federal measures;
K. Therefore, the right to keep and bear arms is a fundamental individual right that shall not be infringed; and all local, state, and federal acts, laws, orders, rules or regulations regarding firearms, firearms accessories, and ammunition are a violation of the Second Amendment;
L. The right to face the accuser is a fundamental right of a civilized state. Therefore, no law or act shall be exercised without “due process” per: New Hampshire Constitution Article 15:
Art.] 15. [Right of Accused.] No subject shall be held to answer for any crime, or offense, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse or furnish evidence against himself. Every subject shall have a right to produce all proofs that may be favorable to himself; to meet the witnesses against him face to face, and to be fully heard in his defense, by himself, and counsel. No subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land; provided that, in any proceeding to commit a person acquitted of a criminal charge by reason of insanity, due process shall require that clear and convincing evidence that the person is potentially dangerous to himself or to others and that the person suffers from a mental disorder must be established. Every person held to answer in any crime or offense punishable by deprivation of liberty shall have the right to counsel at the expense of the state if need is shown; this right he is at liberty to waive, but only after the matter has been thoroughly explained by the court.
June 2, 1784
N. Local governments have the legal authority to refuse to cooperate with state and federal firearm laws that violate those rights and to proclaim a Second Amendment Sanctuary for law-abiding citizens in their cities and counties; as stated in: New Hampshire constitution Article 10:
Art.] 10. [Right of Revolution.] Government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, 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 nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind.
June 2, 1784
O. Unconstitutional Official Acts
16 Am Jur 2d, Sec 177 late 2d, Sec 256:
“The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be in agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail. This is succinctly stated as follows:”
“The General rule is that an unconstitutional statute, though having the form and name of law is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.
Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it…..”
“A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby.”
“No one Is bound to obey an unconstitutional law and no courts are bound to enforce it.”
P. “Strictly speaking, an unconstitutional statute is not a “law”, and should not be called a “law”, even if it is sustained by a court, for a finding that a statute or other official act is constitutional does not make it so, or confer any authority to anyone to enforce it.”
All citizens and legal residents of the United States, by their presence on the territory of the United States, are subject to the militia duty, the duty of the social compact that creates the society, which requires that each, alone and in concert with others, not only obey the Constitution and constitutional official acts, but help enforce them, if necessary, at the risk of one’s life.”
Any unconstitutional act of an official will at least be a violation of the oath of that official to execute the duties of his office, and therefore grounds for his removal from office. No official immunity or privileges of rank or position survive the commission of unlawful acts. If it violates the rights of individuals, it is also likely to be a crime, and the militia duty obligates anyone aware of such a violation to investigate it, gather evidence for a prosecution, make an arrest, and if necessary, seek an indictment from a grand jury, and if one is obtained, prosecute the offender in a court of law.”
Q. Therefore, through the enactment of this document, Coos County, New Hampshire, is hereby a Second Amendment Sanctuary County.
1. Thereby; The Coos County Commissioners are authorized to appropriate $100 (or more) to fund a part time coordinator of the unorganized militia.
SECTION 3. PROHIBITIONS: Notwithstanding any other law, regulation, rule or order to the contrary, no agent, department, employee or official of Coos County, New Hampshire, a political subdivision of the State of New Hampshire, while acting in their official capacity, shall:
1.Knowingly and willingly, participate in any way in the enforcement of any unlawful law or act, as defined herein, regarding personal firearms, firearm accessories, or ammunition or any devices commonly used by the united states military.
2.Utilize any assets, Coos County, New Hampshire funds, or funds allocated by any entity to the county, in whole or in part, to engage in any activity that aids in the enforcement or investigation relating to an unlawful Law or act in connection with personal firearms, firearm accessories, or ammunition, or any devises commonly used by the united states military.
SECTION 4. PENALTIES. An “unlawful law or act” shall consist of any federal or state act, law, order, rule, or regulation, which restricts an individual’s constitutional right to keep and bear arms, including any federal or state act, law, order, rule, or regulation which bans or effectively bans, registers or effectively registers, or limits the lawful use of firearms, firearm accessories or ammunition or any devices commonly used by the united states military.
Any such “unlawful law or act” is invalid in Coos County New Hampshire and shall not be recognized by Coos County, New Hampshire, is specifically rejected by the voters of Coos County New Hampshire, and shall be considered null, void and of no effect in Coos County, New Hampshire, and this includes, but shall not be limited to the following:
1. Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services on the purchase or ownership of those items by citizens;
2. Any registration or tracking of firearms, firearm accessories, or ammunition or any devices commonly used by the united states military.
3. Any act forbidding the possession, ownership, use or transfer of any type of firearm, firearm accessory, or ammunition by citizens of the legal age of eighteen and over.
4. Any act ordering the confiscation of firearms, firearm accessories, or ammunition from citizens;
5. Any prohibition, regulation, and/or use restriction related to ownership or the constitutionally guaranteed lawful use or carry of non-fully automatic firearms; and
6. Any prohibition, regulation, and/or use restriction limiting hand grips, stocks, flash suppressors, bayonet mounts, magazine capacity, clip capacity, internal capacity, bump stocks, suppressors, or types of ammunition available for sale, or any devices commonly used by the united states military in possession or use by citizens.
7. Anyone within the jurisdiction of Coos County, New Hampshire, accused to be in violation of this ordinance may be sued in the district court of the state of New Hampshire for declaratory and injunctive relief, damages, and attorneys’ fees. Neither sovereign nor official or qualified immunity shall be an affirmative defense in cases pursuant to this section.
8. Any peace officer may enforce this ordinance.
9. A civil offense against this ordinance is a Class A Misdemeanor violation, per [RSA 592-A:7,651:2], with a maximum fine of $2,000 for an individual, and $4,000 for a corporation, per violation.
A. This ordinance is not intended to prohibit or affect in any way the prosecution of any crime for which the use of, or possession of, a firearm is an aggregating factor or enhancement to an otherwise independent crime.
B. This ordinance does not permit or otherwise allow the possession of firearms in Federal buildings.
C. This ordinance does not prohibit individuals in Coos County, New Hampshire from voluntarily participating in assisting in permitting, licensing, registration or other processing of applications for concealed carry permits, or other firearm, firearm accessory, or ammunition licensing or registration processes that may be required by constitutional law.
SECTION 5. SEVERABILITY: The provisions of this act are hereby declared to be severable, and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.
SECTION 6. EFFECTIVE DATE: The effective date of this ordinance, The Second Amendment Sanctuary Ordinance, or SASO, shall be valid immediately upon approval by the Coos County, New Hampshire Delegation and /or Commissioners.