2020-02-18 Ex 03
CITY OF OKEECHOBEE
55 SE THIRD AVENUE
OKEECHOBEE, FL 34974
Phone: (863)763-3372
www.cityofokeechobee.com
Okeechobee City Council
Mayor Dowling R. Watford, Jr.
Wes Abney
Monica Clark
Bob Jarriel
Bobby Keefe
______________________________________________________________________
MEMORANDUM
February 10, 2020
To: City Council
From: John Fumero, City Attorney
Subject: Proposed Resolution, City of Okeechobee as a Second Amendment Sanctuary
A so-called Second Amendment Sanctuary, also known as a gun sanctuary, refers to a
jurisdiction in the United States that have adopted resolutions to prohibit or impede the
enforcement of certain gun control measures perceived as violative of the Second
Amendment. Targeted regulations commonly include red flag laws, universal gun
background checks, and bans on assault-style weapons.
Second Amendment sanctuaries exploded onto the national scene in early 2019 after
newly elected Democratic Gov. J.B. Pritzker pledged to pass gun safety measures in
Illinois. Within months, 64 of the state’s 102 counties passed sanctuary resolutions.
After New Mexico expanded background checks in 2019, 30 of 33 counties declared
themselves Second Amendment sanctuaries. Similar actions have either been taken or
are under consideration in Florida, Colorado, Oregon, Washington state, and now
Virginia. Okeechobee County declared itself a Second Amendment sanctuary County.
As a rule, sanctuary resolutions are largely symbolic statemen t of public policy, and are
not legally enforceable or binding. Regulation of guns and gun sales is generally
preempted by federal and state government.
RESOLUTION NO. 2020-01 PAGE 1 OF 2
RESOLUTION 2020-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE,
FLORIDA; DECLARING THE CITY OF OKEECHOBEE A SECOND
AMENDMENT SANCTUARY CITY.
WHEREAS, the Constitution of the United States is the supreme law of our nation; and
WHEREAS, the Second Amendment to the Constitution 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 Right of the People to Keep and Bear Arms is guaranteed as an Individual
Right under the Second Amendment to the United States Constitution and under the
Constitution of the State of Florida; and
WHEREAS, the Fourteenth Amendment to the United States Constitution 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 e qual
protection of the laws;" and
WHEREAS, the Right of the People to Keep and Bear Arms for defense of Life, Liberty, and
Property is regarded as an Inalienable Right; and
WHEREAS, the United States Supreme Court affirmed that a person's Second Amendment
right to "keep and bear arms" is further secured by the "due process" and the "privileges
and immunities" clauses of the Fourteenth Amendment. This decision also protects
rights closely related to the Second Amendment, namely the right to manufac ture,
transfer, purchase, and sell firearms, accessories, and ammunition; and
WHEREAS, the people of the City of Okeechobee derive economic benefit from all safe forms
of firearms recreation, hunting, and shooting using all types of firearms allowable under
the United States Constitution; and
WHEREAS, the City Council of the City of Okeechobee, Florida, being elected to represent the
residents of the City of Okeechobee and being duly sworn by their Oath of Office to
uphold the United States Constitution and the Constitution of the State of Florida.
NOW, THEREFORE, be it resolved by the City Council of the City of Okeechobee, Florida:
Section 1: The above recitals are true and correct and incorporated in this Resolution.
Section 2: The City Council of the City of Okeechobee, Florida, hereby declares the City of
Okeechobee as a Second Amendment Sanctuary City in order to preserve for
the People of, on, and in the City of Okeechobee, their rights guaranteed by the
Constitutions of the United States of America and the State of Florida.
Section 3: The City Council of the City of Okeechobee, Florida, hereby expresses its intent
to uphold the Second Amendment rights of the citizens of the City of Okeechobee
and that public funds, resources, employees, buildings or offices not be used to
restrict Second Amendment rights or to aid or assist in the enforcement of the
unnecessary and unconstitutional restriction of the rights under the Second
Amendment of the citizens of the City of Okeechobee.
Section 4: The City Council of the City of Okeechobee, Florida, implores our State and
Federal Courts, the State of Florida Legislature and the United States Congress
to preserve, uphold and protect the rights of all citizens to keep and bear arms
under the United States Constitution and further implores our State and Federal
Courts, the State of Florida Legislature and the United States Congress to reject
any provision, law or regulation that may infringe, have the tendency to infringe
or place any additional burdens on the right of law-abiding citizens to bear arms.
RESOLUTION NO. 2020-01 PAGE 2 OF 2
Section 5: The City Council of the City of Okeechobee, Florida, hereby declares and affirms
its support for the rights, freedoms, and liberties of the people of the City of
Okeechobee guaranteed by the Constitution of the United States of America.
Section 6: This Resolution shall become effective immediately upon adoption.
APPROVED and ADOPTED by the City Council of the City of Okeechobee, Florida, on the
18th day of February, 2020.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney