The Pulaski County Board of Supervisors will meet Monday, Dec. 16 at 7 p.m. to consider passage of a Second Amendment Resolution.
The meeting is planned for 7 p.m. in the Central Gym, located on the back side of the County Administration Building on Third Street, N.W. in Pulaski.
The meeting was moved to Central Gym in anticipation of the large audience expected for the resolution vote. According to Board Chairman Andy McCready, the gym will allow for an audience of around 800 people.
McCready said the board along with County Administrator Jonathan Sweet have fashioned the proposed resolution after consulting with Sheriff Mike Worrell and Commonwealth’s Attorney Mike Fleenor.
“Hopefully this resolution will represent the best for Pulaski County of what we feel is appropriate to be done,” McCready said.
McCready also wished to address the term nullification.
During last month’s board meeting, several speakers in favor of a Second Amendment resolution mentioned “nullification” during their speeches.
“In some ways we have some form of nullification now,” McCready said. “If an unconstitutional charge is brought in Pulaski County, what will happen is – if you ask for a jury trial – the jury will throw that charge out.”
McCready said, too, that taxpayers who have served jury duty before have seen such charges thrown out of court. Or know they have been discussed, but were never actually brought against someone, he said.
“So if you don’t prosecute certain crimes, that is the same as nullification,” he added.
The resolution to be considered follows:
AFFIRMING PULASKI COUNTY’S SUPPORT AND DEFENSE OF THE CONSTITUTION OF THE UNITED STATES, THE SECOND AMENDMENT AND ARTICLE 1, SECTION 13 OF THE CONSTITUTION OF THE COMMONWEALTH AND DECLARING PULASKI COUNTY, VIRGINIA A SECOND AMENDMENT SUPPORTIVE COUNTY
WHEREAS, each member of the Board of Supervisors has solemnly sworn a public oath before the Circuit Court of Pulaski County, Virginia to support the Constitution of the United States of America (the “U.S. Constitution”) and the Constitution of the Commonwealth of Virginal (the “Virginia Constitution”); and,
WHEREAS, the Board holds dear all inalienable rights enumerated and bestowed within the U.S. Constitution and those protections granted to us within the Virginia Constitution; and,
WHEREAS, the Second Amendment of the U.S. Constitution, declaring the rights of U.S. citizens and the citizens of Pulaski County, Virginia to keep and bear arms without infringement, is one such right this Board finds inalienable and uninfringeable; and,
WHEREAS, Article 1, Section 13, of the Constitution of the Commonwealth provides this same right and protection of its people to keep and bear arms without infringement; and,
WHEREAS, the Second Amendment to the U.S. Constitution and Article 1, Section 13 of the Virginia Constitution are included within the Bills of Rights of those respective documents; and,
WHEREAS, the United States Supreme Court has held that the right to keep and bear arms is an individual right which pre-existed the enactment of the Second Amendment and which is guaranteed and protected by the Second Amendment; and,
WHEREAS, it is the duty and obligation of the Pulaski County Board of Supervisors to support, uphold and defend the sanctity of the U.S. and Virginia Constitutions for the protection and welfare of its citizens; and,
WHEREAS, the Board wishes to further affirm our strong commitment to and unwavering support for the
U.S. and Virginia Constitutions by objecting in advance to any federal or state legislation contrary to the rights conferred therein or construed as an erosion of said rights; and,
WHEREAS, it must be understood that Boards of Supervisors within the Commonwealth of Virginia have no legislative, regulatory or enforcement authority related to “the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof,” as provided by Section 15.2-915 of the Code of Virginia, 1950, as amended, and has no authority over the independent execution of the duties of the constitutional officers involved in law enforcement and must rely on those elected officials to independently uphold and defend the Constitution when and where applicable; and,
WHEREAS, to effect meaningful safeguards against infringements to our Constitutions and the inalienable rights recognized and protected therein, we must have alignment with and concurrence from our constitutional officers involved in law enforcement to help preserve and ensure these rights; and,
WHEREAS, the Pulaski County Board of Supervisors wishes to respond to the outpouring of its citizenry on this issue and put forth an official position on the Second Amendment of the U.S. Constitution that shall serve to edify federal and state lawmakers on where the County of Pulaski stands on any current or future legislative considerations deemed contrary to the rights granted within both the Second Amendment and Article 1, Section 13 of each respective constitutional document, or deemed as an erosion of either’s sanctity.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Pulaski County, Virginia, in direct response to its citizens, we do hereby support upholding the Constitution of the United States and shall defend with all legal means necessary, all the inalienable rights held therein, with emphasis upon, and deference to, the Second Amendment and the right it guarantees the citizens of Pulaski County, Virginia to keep and bear arms without infringement.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the Board of Supervisors of Pulaski County, Virginia, that the governing body of Pulaski County shall hereby honor and uphold always the oath each individual member has duly taken to support the U.S. and Virginia Constitutions, and shall do so by pledging this day never to propose or pass local legislation contrary to or eroding those rights and fundamental principles granted and held within these instruments of freedom and furthermore will employ all nullification measures legally possible against federal or state legislation that unconstitutionally infringe upon our Second Amendment right.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the Board of Supervisors of Pulaski County, Virginia, that we encourage our local constitutional officers involved in law enforcement to stand in agreement with this Board to uphold our oaths of office and preserve, protect and never infringe upon the Constitution or our Second Amendment right.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the Board of Supervisors of Pulaski County, Virginia, that we do hereby declare proudly the County of Pulaski, Virginia, shall for all intents and purposes be considered a Second Amendment Supportive County.
NOW, THEREFORE, BE IT LASTLY RESOLVED by the Board of Supervisors of Pulaski County, Virginia, that our official position and our declaration to be a Second Amendment Supportive County be shared with our federal and state legislators, our fellow localities and municipalities throughout the Commonwealth and with all those who have interest in Pulaski County’s stance to uphold, support and defend the Constitution of the United States, the Constitution of the Commonwealth and their frameworks.
Adopted this the 16th day of December 2019, in the County of Pulaski, Virginia.