Second Amendment Sanctuary ordinance discussions begin

Should Montgomery County be the next county in the state to pass an ordinance declaring it a Second Amendment Sanctuary? The amendment prevents local law enforcement from enforcing laws considered to be at odds with the right to bear arms.

County resident Jerald Palmquist recently requested to board look into the issue. Roughly 18 counties in Iowa, including Mills, Adams and Page Counties, are Second Amendment Sanctuary counties.

During the first round of conversations on the subject, there were several who spoke for and against the proposal. This subject is bound to be up for debate for the next several weeks, if not more.

Glenn Mason, who’s against the ordinance, stressed that he was not against the Second Amendment itself, but that local entities should not pick and choose which laws to obey, and which to not obey.

“If someone has a problem with a law, or feel it infringes on their rights, take it to court. I'm anti-sanctuary laws, be it this, or for immigration on the west coast,” Mason said.

At the heart of his feelings, Mason said, was that he felt the passing of an ordinance declaring particular sanctuaries opened up counties to put up sanctuaries for any situation it sees fit.

“If the Supreme Court overrules Roe V. Wade, and the State of Iowa follows suit, then counties like Johnson County will say they aren't going to obey it. If we start allowing these sanctuary laws, that's what is going to happen. If you want to say you support the second amendment, that's fine, but when we start saying we're not going to obey laws if we think that infringes on our rights, I think that's wrong,” commented Mason.

Michael Luna spoke in favor of the supervisors passing the Second Amendment Sanctuary ordinance. Luna said the second amendment was created to protect the rest of the amendments.

“The first amendment is under constant assault, every day. People are being silenced, and you see it every day. The first amendment was created to protect the speech you do not like, and the second amendment protects it. The federal government is trying to overreach, and they violate the Constitution on a daily basis," stated Luna. "You can even see in states where there are lax gun laws, crime is through the roof, cops aren't doing their jobs, and innocent citizens are at the mercy of criminals. It's not a matter of if, it's a matter of when, because what they're doing to the first amendment, they're going to do to the second amendment.”

While saying he was not a gun enthusiast, Luna said he was a strong proponent of the right to keep and bear arms.

“It's up to the local and state governments to stand up to government overreach by the federal government. It has to start here,” advised Luna.

Amanda Hill also spoke in favor of the ordinance being passed, saying she wanted to serve as a voice for the county's veterans.

“This is a huge county with a lot of veterans, and a lot of people who stood up for what this country believes in. When the Constitution was written, they thought that the rights of people to bear arms should be protected as well. I believe we should support the Second Amendment Sanctuary law, so that we do not lose any of the rights that our forefathers set for us,” Hill commented.

James Norris was unable to attend the meeting in person, but through a letter read by Supervisors Chair Donna Robinson, he spoke against the passage of the ordinance.

“As a gun collector, competitive shooter, even a life member of the NRA and someone who shoots approximately 20,000-30,000 rounds down range annually,

I have to respectfully disagree. The request sounds like some believe the Second Amendment is in jeopardy. President Biden's quote he cited sounds completely accurate. All amendments could be changed. That is how our constitution is written," said Norris "The process, I believe, is under Article V of the Constitution which requires a two - thirds majority vote from both houses of Congress and then ratification by 75% of state legislatures. Needless to say, it is very, very difficult to accomplish, as it should be.”

Norris also questioned if the county was ready to say that no state or federal laws could be enforced that restricted the second amendment, and the effect it would have.

“A local girl I know, many years ago, was shot multiple times by her husband at the time. She survived, and today he is out of jail. Should he get a gun again? Preventing felons from possessing firearms is just one federal law some might claim could violate the Second Amendment. If you pass this, does that mean anyone can now walk into a school function, bar, restaurant or supervisor's meeting packing any kind of firearm they want - locked and loaded,” Norris questioned. “It was mentioned that the Second Amendment protects all the other amendments. But I would point out that democracy is how we protect and defend our rights. Democracy is the way we balance between going too far left or too far right, and without democracy none of the amendments are absolute, including the

Second Amendment. But, a democracy in which we pick and choose which laws we obey fails to remain one.”

Norris said he would fervently defend the Second Amendment with anyone, but he felt the request to pass a sanctuary ordinance was a mistake.

Robinson asked for the opinion of Montgomery County Attorney Drew

Swanson. Swanson said that there was nothing wrong with the county proceeding with passing the sanctuary ordinance, but it would be entirely symbolic.

“I have done some research into this, and most of the considerations are political, rather than legal, so our office is sticking to the legal considerations. There are obviously other counties that have proceeded with this, but it hasn't been challenged at the federal level, so there's no real precedent to go by. What I have seen from the legal community is that they widely see it as unenforceable if push were to come to shove. You can proceed with it, but it's questionable how much weight it would carry were it challenged at some level,” advised Swanson.

Robinson asked for the opinion of Montgomery County Sheriff Jon Spunaugle, who said he was not opposed to the ordinance being passed, but he wasn't sure how necessary it was right now.

“I don't know how much backbone it really has, though I haven't had a lot of time to review the proposal, due to the holidays and working on the sheriff's office budget,” said Spunaugle.

Supervisor Randy Cooper was of a similar sentiment, and would not be opposed to passing the ordinance.

“I feel like we need to look more into whether we actually need to do it. If it doesn't carry any weight, then why, as a county, would we need to pass it?” Cooper questioned.

Robinson said having read the minutes of other counties that have discussed similar ordinances, that the basic stance is that they weren't against it, but that it was basically symbolic and had no real bearing.

The sanctuary ordinance was a discussion item only, and the supervisors took no action at the Dec. 28 meeting. The supervisors agreed to do further research before bringing the item up for a vote.

The Red Oak Express

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