Commissioners weigh in on sanctuary questions

A movement that has seen growth across the United States has made it's way to Huron County. County Commisioners sent emails out to the cities, villages and their police departments to let them know they are looking into adopting a Second Amendment Sanctuary County resolution. During a Jan. 27 resolution meeting at the Bronson Conservation Club, state Rep. Dick Stein (R-Norwalk) and commissioner Terry Boose urged patience to proponents of the resolution. Saying, "it's a matter of when, not if" when referring to passing a resolution. During a break in the commissioners meeting on Tuesday, Boose seemed to have had a slight change of heart. He said that they will look to pass something sooner rather than waiting until something happens in Columbus to force their hand. "I don't think we will wait that long," Boose said. "I have had discussions with rep. Stein as far as when he thinks it can best help him. ... That wouldn't be until somebody makes a move with one of the bills. I'm not sure that this group is going to wait that long." Boose said that there could be a potential benefit to waiting until laws were being enacted at the state level, but saw no downside to passing the resolution much sooner. "Not any disrespect with rep. Stein, but per what the people of this county at this point has said," he said. "There is a benefit to passing this sooner and that would be that you are sending a message on how you think Huron County should go. It might influence Columbus by having that already done. I'm still weighing whether it's better actually to wait or not, but it sounds like the people of the county want it passed sooner. By passing it sooner does not hurt anything in my opinion, other than taking a little bit of leverage away. It's my opinion to pass it sooner rather than later." The Second Amendment Sanctuary is an idea inspired by sanctuary cities that refuse to assist the federal government in efforts to enforce immigration laws. A Second Amendment sanctuary is a city or county that declares it will refuse to enforce any new gun control laws passed by the state or federal government. Boose said that Ohio commissioners do not set the laws; they work off the statutes of the state. "We can't tell the Sheriff what to do, we can't tell the Norwalk Police what to do and we can't tell any police department in the county what they can or they can't do," Boose said." Commissioners in Clermont, Clinton, Jackson, Gallia, Lawrence, Meigs, Pike, Preble, Scioto and Vinton counties already have passed resolutions declaring themselves themselves Second Amendment sanctuaries. Commissioners in Crawford, Muskingum, Preble, Ross and Huron counties are considering passing similar resolutions. Boose said that he has requested input from other counties who have already passed resolutions. "So far only a few of them has gotten back with us," Boose said. "When I discussed with the Clermont County Commisioner about what they had done and what suggestions had, he strongly recommended that we get the resolution right. That's when he offered to send me there's, not saying that there's is right, but it is an option to look at." The resolution would declare the commissioners' intent to oppose any unlawful infringement on the rights of law-abiding citizens to keep and bear arms, using expedient legal means. Assistant prosecutor Randal L. Strickler said it would be more of a policy statement as opposed to passing a law. He declined to comment on how the Prosecutor's Office would operate under the resolution. "Right now I'm not going to comment on that, because it depends on what the law reads and it also depends on the facts of the situation," Strickler said. "Right now the law permits law enforcement to remove guns from people under three specific instances and set of facts. They all involve having some sort of due process, meaning a judge or somebody makes the determination that guns can be taken away from you. ..." The resolution passed Jan. 13 from Clermont County reads as follows: • Whereas, The Ohio Constitution: Article 1, Section 4 states that "The people have the right to bear arms for their defense and security"; and • Whereas, The Second Amendment of 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"; and • Whereas, The Second Amendment of the Constitution of the United States of America was ratified in 1791, and is still the Law of the Land; and • Whereas, Article 6 of the Constitution of the United States of America states "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding" and • Whereas, Article 15, Section 7 of the Ohio Constitution states: "Every person chosen or appointed to any office under this state, before entering upon the discharge of its duties, shall take an oath or affirmation, to support the Constitution of the United States, and of this state, and also an oath of office; and • Whereas, County Commissioner David L. Painter, County Commissioner Edwin H. Humphrey, and County Commissioner Claire B. Corcoran have all taken such oath and believe it to be binding on them morally, ethically, and legally; and • Whereas, the Clermont County Commissioners fully affirm their support of the rights of law-abiding citizens to keep and bear arms and stand firm against any law or ordinance on any level of government to remove that right from any law-abiding citizen without due process; and • Whereas, the Clermont County Commissioners will not authorize any County Official to expend County funds for the purpose of enforcing illegal and or unconstitutional laws or ordinances that seek to limit a law-abiding citizens right to keep and bear arms; and • Whereas, the Clermont County Board of Commissioners believe the best way to prevent gun violence is to address the growing mental health crisis, hold those accountable who use a political agenda to disarm law abiding citizens, and the enforcement of already existing criminal laws that aim to stop violence and not to limit the inalienable rights of law-abiding citizens; and • Whereas, the citizens of Clermont County Ohio derive economic benefit from lawful use of firearms, including hunting, recreation and shooting sports; and • Now, therefore, be it resolved, by the Board of County Commissioners of Clermont County Ohio by the authority granted the Board by the laws of the State of Ohio and the people of Clermont County, Ohio to stand and defend their rights and liberties, which are guaranteed by the United States and Ohio Constitutions, we hereby declare this Resolution to be a Second Amendment Preservation Resolution and declare Clermont County Ohio to be a "2nd Amendment Sanctuary County"; and • Be it further resolved that this Board does hereby pledge not to appropriate funds, resources, employees, or agencies to initiate unconstitutional seizures in Clermont County Ohio; and • Be it further resolved that the Board demands that the state and national legislature cease and desist any further actions restricting the Second Amendment rights of citizens and instead address the real and fundamental challenges in our communities. • Now, therefore, be it further resolved, that the Board of County Commissioners hereby finds and determines that all formal actions relative to the passage of this Resolution were taken in an open meeting of this Board and of its Committees, and that all deliberations of this Board and of its Committees, if any, which resulted in formal action, were taken in meetings open to the public, in full compliance with applicable legal requirements including Section 121.22 of the Ohio Revised Code.