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Resolution Recognizing the Militia

RESOLUTION RECOGNIZING THE MILITIA WITHIN THE COUNTY OF

____________ PURSUANT TO THE SECOND AMENDMENT TO THE UNITED STATES

CONSTITUTION AND ARTICLE 1, SECTION 13 OF THE CONSTITUTION OF THE

COMMONWEALTH OF VIRGINIA

WHEREAS, the constitutions of the United States and of the Commonwealth of Virginia recognize the preexisting, God-given, natural right of self-defense as belonging to individuals, and to communities made up of individuals; which no human institution may lawfully abrogate or infringe, and

WHEREAS, the Second Amendment to the United States Constitution states that “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, 10 U.S.C. § 246 recognizes the “militia of the United States” including “the unorganized militia, consisting of the members of the militia who are not members of the National Guard…” and

WHEREAS, under Article II, § 2, cl. 1 of the United States Constitution, the President of the United States is Commander in Chief of “the Militia of the several States, when called into the actual Service of the United States;

WHEREAS, Article I, § 13 of the Constitution of Virginia states “That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power;” and

WHEREAS, Va. Code §§ 44-1 and 44-4 reference three statutory classes of the Militia of the Commonwealth of Virginia: the “National Guard,” the “Virginia Defense Force,” and those individuals from the body of the people, trained to arms, who make up the currently “Unorganized” Militia; and

WHEREAS, under Va. Code § 44-75.1, in “the event of invasion or insurrection or imminent threat of either,” the Governor or his designee may call forth the Militia to state active duty for service; and may do so in the “event of flood, hurricane, fire or other forms of natural or man-made disaster wherein human life, public or private property, or the environment is imperiled;” or in “emergencies of lesser magnitude…including but not limited to the disruption of vital public services, wherein the use of militia personnel or equipment would be of assistance to one or more departments, agencies, institutions, or political subdivisions of the Commonwealth;” and

WHEREAS, under Va. Code § 44-78.1, when the circumstances described in Va. Code § 44-75.1 A 2, 4 or 5 arise within ____________ County, the Sheriff or this Board “may call upon the Governor for assistance from the militia,” and the “Governor may call forth the militia or any part thereof to provide such assistance as he may deem proper in responding to such circumstances,” including the Militia in ____________ County; and

WHEREAS, the Militia must be able to assemble and train as individuals or collectively; in the event they are called by the Board and ordered by the Governor or President to assist local civil authorities in times of need, and

WHEREAS, the Militia is composed of the “body of the people” and should, as the Constitution of Virginia directs, be “trained to arms” with firearms that are in “common use” within society, including modern semiautomatic rifles and pistols with certain ergonomic features (including AR15 variants), which have the ability to use standard capacity detachable magazines of more than ten rounds capacity, are ideally suited for defensive purposes by individual citizens, and by those who are members of law enforcement, militia, or military.

WHEREAS, the Militia have a long history of selfless and honorable service to localities, states and the federal government in times of crisis, natural and manmade disasters and other emergencies, and

WHEREAS, the Militia can be a valuable asset in modern times in assisting local authorities during times of crisis, natural and man-made disasters and other emergencies that may arise, and

WHEREAS, the Motto of the Commonwealth of Virginia, established by our founders, is Sic Semper Tyrannis, (‘Thus unto Tyrants’), is a warning to those entrusted with governance within the Commonwealth not to exceed their Constitutional authority, and

WHEREAS, the Militia, composed of the body of the people, are, as intended by our founders, the last best hope of the Commonwealth to ensure and secure the liberties protected by the Constitution that may be threatened by foreign forces or a tyrannical government, and

WHEREAS, to commit to the intent and fullness of the freedoms recognized by the Constitution of the United States and Constitution of the Commonwealth of Virginia, the ____________ County Board of Supervisors finds the following measures as appropriate and necessary, so

THEREFORE, be it RESOLVED by the Board of Supervisors to express our intent to uphold and protect the Second Amendment and Article I, Section 13 rights of law-abiding citizens to keep and bear arms for self-defense, and to prepare for service or to serve as a member of the Militia in ____________ County.

BE IT FURTHER RESOLVED that, in order to support the Militia, enhance the safety and security of the citizens of ____________ County and enhance, as our Founders intended, a barrier against government tyranny, the Board hereby expresses its intent to:

  1. Decline to expend county resources for any effort to enforce unconstitutional laws enacted after January 20, 2020 restricting ownership and use of firearms in common use and accessories such as magazines, including modern semiautomatic shotguns and pistols; and rifles with certain ergonomic features (including AR15 variants), which have the ability to use standard capacity detachable magazines of more than ten rounds capacity, being required for self-defense by individual citizens or for service to the community as part of the Militia in ____________ County.

  1. Recognize the right of all able-bodied residents of ____________ County, who are otherwise law-abiding citizens of the Commonwealth and the United States, to assemble and train to arms individually or in groups for service as members of the Militia from or in ____________ County, in the event they are called or ordered out for lawful purposes by the President of the United States or Governor of Virginia.

  1. Support opportunities for law-abiding citizens to assemble for recreational and civic purposes and train to arms, to include, but not be limited to: firearms safety training, marksmanship training and competition pursuant, first aid training, and other training and activities that enhance the individual citizen’s ability to defend himself, his family, his community; and the Militia’s ability to respond effectively to a crisis.

  1. Recognize “___________ County Militia Day” as the Saturday on, or nearest before or after, the July 4 Independence Day holiday, and encourage those members of the Militia in ___________ County to present themselves attired, equipped and prepared for service as they would if called out by the President or the Governor, for an address by a member of the Board of Supervisors; or for participation in patriotic ceremonies or parades. [THIS SECTION MAY BE REVISED TO REFLECT OTHER DATES – such as date VA Declaration of Rights adopted, (June 12, 1776) etc.; or multiple dates such as when Bill of Rights ratified]

  1. Create an “Art. 1 § 13 and 44-1 Militia Support Committee,” to make recommendations to the Board “to render such financial assistance as it may deem wise and patriotic to such organization or organizations, either by donating land or buildings, or donating the use of land or buildings, or by contributing to their equipment and maintenance,” and any additional lawful support.

  1. Set aside land and develop facilities suitable to the use of the general public for recreational use under Va. Code § 15.2–1806 et seq, such that persons constituting the Militia in ________ County may become proficient in the use of firearms through recreational shooting and marksmanship competition, including that recognized in Va. Code § 44-120.2.

  1. Create a program within the ________ County Emergency Management Plan pursuant to Va. Code § 152-955 and §§ 44-14614 through 14619 et seq to be entitled the “Emergency Volunteer Auxiliary,” which shall draw primarily upon county resident volunteers currently recognized as members of the “unorganized” Militia so designated in Va. Code § 44-1 and 44-4, but who shall receive training for purposes of assisting in firefighting, search-and-rescue in urban and rural terrain, first aid, emergency supplies and materials distribution, shelter management, vehicular traffic management, communications, logistical support, and other skills in support of law enforcement, fire fighting and EMS during a crisis. [THIS SECTION SHOULD BE MODIFIED AS NEEDED]

BE IT RESOLVED FINALLY, that the Board hereby declares our intent to oppose all unconstitutional restrictions on the Bill of Rights and specifically the Second Amendment to the U.S. Constitution and Article I, Section 13 of the Constitution of Virginia through such legal means as may be expedient, including, without limitation, legal process.

CERTIFICATION OF ADOPTION OF RESOLUTION

The undersigned Clerk of the Board of Supervisors of the County of ________ , Virginia hereby certifies that the Resolution set forth above was adopted during an open meeting on __________, 2020, by the Board of Supervisors with the following votes:

Aye:









Nay:







Signed this _____ day of_____________,2020.



By:______________________________________

Clerk, Board of Supervisors

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